Company to build a branch

road to Rock

Island.

Directors may

line.

ments to their act of incorporation, and whereas it is expedient to grant the same:

Therefore Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. In addition to the powers conferred upon the said company by their special act of incorporation, it shall be lawful for the said company to construct a branch line or spur from any point on their main line of railway to the village of Rock Island in Stanstead, or so near thereto as may be approached by practicable grades; and their track shall be so laid at their terminus nearest Rock Island that freights may be received and delivered at the town of Derby.

2. Notwithstanding anything contained in the said act of alter the main incorporation, the said company shall have power to con struct their main line from the point at which the said branch or spur shall diverge to the township of Hatley, by whatever route the directors of said company shall think most advantageous; and shall not be obliged to touch the point designated in the said act of incorporation as the "Benson Place."

These powers deemed to have been given in first

act.

contribute to a

3. The additional powers conferred upon said company by this act shall be exercised in as full and ample a manner as if they had been embodied in the said special act ofincorporation and shall be in like manner affected by the several clauses of the "railway act" which are incorporated into said special act by the second clause thereof; and the said branch or spur shall in effect become a portion of the main line.

Certain muni- 4. The council of any local municipality, the interests of cipalities may which are in the opinion of said council, to be beneficially limited amount affected by the construction of said railway and which has not already subscribed to the stock of said company, may by a by-law passed at any regular or special session of said council, authorize their mayor or secretary-treasurer to enter into and subscribe on behalf of the municipality a binding contract and agreement with said company, whereby the said municipality shall be bound to pay to said railway company, the sum of money fixed in the said by-law (but not to that purpose; exceed ten thousand dollars), and at such times and by such instalments, and bearing such a rate of in terest, not exceeding seven per cent, as may be fixed in said by-law, in consideration of the advantage which such municipality is expected to derive from the construction of said railway; and may provide in such by-law that the sum or sums of money therein authorized shall be given to said railway company as a bonus

By-law for

what it shall set forth.

or gratuity for which no equivalent in stock or otherwise is to be returned, in order to aid said railway company in the purchase of the right of way and settlement of land damages on their land of railway.

5. No such by-law shall have any force or effect until it By-law to be shall have been published and approved by the rate payers, approved. in the manner prescribed in the several clauses between the eleventh and twenty-second clauses of chapter eighty-three

of the consolidated statutes of Canada; but the provisions C. s. C. c. 83, of the said chapter shall not in any other way apply to or sec. 11 to 22. affect such by-law.

6. After such publication and approval, such by-law and By-law suffiany contract made in conformity thereto, shall have the cient without other formality fullest legal effect, without any other act or formality.

lities shall ob

7. The sum or sums of money necessary, for the fulfil- How municipabe made under such by-tain the money ment of any contract which may law, including costs of collection, may be provided by bor- required. rowing upon the credit of such municipality, by the issuing of debentures or bonds or by assessment in either case conformably with the general provisions of the municipal and road act. And the method by which such sum or sums of money and the cost of collecting the same shall be provided may be determined either in such by-law or in any subsequent by-law of said council. But the creditor under Creditors may such contract shall not be delayed in his proceedings by cipality. reason of the negligence of any such municipal council, but may sue for the recovery of his debt before any court of competent jurisdiction whenever the same shall have become due and payable according to the terms of such contract.

sue the muni

in office.

8. The Honorable Alexander T. Galt, Benjamin Pomroy, Present direcesquire, Henry R. Adams, esquire, Charles Brooks, esquire tors continued Albert Knight, esquire, Charles Pierce, esquire, Ozro Morrill, esquire, Stephen Foster, esquire, and Charles C. Colby, esquire, who have been elected and are now acting as directors of said railway company, shall be deemed to have been legally elected to such office and are hereby fully empowered to act as directors until the next annual meeting of said railway company for the election of directors, and any vacancies which may occur upon the board of directors Vacancies. before said annual meeting may be filled in the manner prescribed in the Railway Act.

9. Notwithstanding anything in the one hundred and Notwithstandseventeenth section of the sixty-sixth chapter of the conso- ing C. S. C. c. lidated statutes of Canada known as the Railway Act and powers of com

66, s. 117, &c.,

not to have

pany deemed notwithstanding anything contained in the special act of the said company, the corporate existence and powers of the said company shall be deemed to have continued and shall continue in full force and effect, provided the said railway be commenced within two years and completed within five years after the passing of this act.

ceased, on condition, &c.

Increase of capital.

Preamble.

Short title.

the several

Act.

10. The capital stock of the said Massawippi Railway Company shall be and is hereby raised to the sum of eight hundred thousand dollars currency.

CAP. LI.

An Act respecting Railways.

[Assented to 5th April, 1869.]

(Repealed by 43-44 Vict. Chap. 43)

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

1. In citing this act, it shall be sufficient to use the expression" The Quebec Railway Act, 1869."

APPLICATION OF ACT.

Application of 2. The provisions of this act, from section five to section parts of this twenty-two, both inclusive, being part first of the act, shall apply to every railway hereafter to be constructed under the authority of any act passed by the legislature of Quebec, and shall, so far as they are applicable to the undertaking, and unless they are expressly varied or excepted by the special act, be incorporated with the special act, form part thereof, and be construed therewith as forming one act

How any section may be excepted

3. For the purpose of excepting from incorporation with the special act any of the sections forming part first of this from incorpo- act, it shall be sufficient in the specia act to enact, that the sections of this act proposed to be excepted, referring to them by the words forming the headings of such sections respectively, shall not be incorporated with such act, and the special act shall thereupon be construed accordingly.

ration with any special acts.

To what rail

ways the other provisions of This act shall apply.

4. The remaining provisions of this act, being part second, shall apply to all railways which may hereafter be constructed under the authority of any special act passed by the legislature of Quebec, and to all companies hereafter incorporated for their construction and working.

PART FIRST.

INTERPRETATION.

5. 1. The expression "the special act," used in this act, shall Interpretation be construed to mean any act authorizing the construction of the words: The Special of a railway, with which this act is incorporated; Act."

46

2. The word "prescribed," used in this act in reference to “Prescribed." any matter herein stated, shall be construed to refer to such matter, as the same is prescribed or provided for in the special act; and the sentence in which such word occurs shall be construed as if, instead of the word "prescribed," the expression "prescribed for that purpose in the special act" had been used;

3. The expression "the lands" shall mean the lands "The lands." which by the special act are authorized to be taken or used for the purpose thereof;

4. The expression "the undertaking" shall mean the "The underrailway and works of whatever description, by the special taking." act authorized to be executed;

act.

5. The following words and expressions, both in this and In this and the special act, shall have the meanings hereby assigned to the special them, unless there is something in the subject or context repugnant to such construction, that is to say;

6. The word "lands" shall include all real estate, mes-"Lands." suages, lands, tenements and hereditaments of any tenure;

7. The word "lease" shall include any agreement for a “Lease.” lease;

8. The word " toll" shall include any rate or charge or "Toll.” other payment payable under this act or the special act, for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway;

9. The word "goods" shall include things of every kind "Goods." that may be conveyed upon the railway, or upon steam or other vessels connected therewith;

10. The word "county" shall include any union of coun- " County." ties, county, or any division thereof into separate municipalities;

11. The word "highways" shall mean all public roads, "Highways." streets, lanes and other public ways and communications;

12. The word "sheriff" shall include under-sheriff or "Sheriff." other legal competent deputy; and where any matter in relation to any lands is required to be done by any sheriff or clerk of the peace, the expression "the sheriff," or the ex

pression "clerk of the peace," shall in such case be construed "Clerk of the to mean the sheriff or clerk of the peace of the district, where peace." such lands are situate; and if the lands in question, being the property of one and the same party, be situate not wholly in one district, the same expression shall be construed to

"Justice."

"Two justices."

"Owner."

"The company."

"The railway."

Companies established

mean the sheriff or clerk of the peace of any such district, where any part of such lands is situate;

13. The word "justice" shall mean a justice of the peace acting for the district, where the matter requiring the cognizance of a justice arises, and who is not interested in the matter; and where the matter arises in respect of lands being the property of one and the same party, situate not wholly in one district, the word "justice" shall mean a justice acting for the district where any part of such lands is situate, and who is not interested in such matter; and where any matter is authorized or required to be done by two justices, the expression "two justices" shall be understood to mean two justices assembled and acting together;

14. The word "owner," where, under the provisions of this act or the special act, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, shall be understood to mean any corporation or person who, under the provisions of this act, or the special act, or any act incorporated therewith, would be enabled to sell and convey lands to the company;

15. The expression "the company" shall mean the company or party authorized by the special act to construct the railway;

16. The expression "the railway" shall mean the railway and works by the special act authorized to be constructed."

INCORPORATION.

. Every company established under any special act shall be a body corporate under the name declared in the under special acts, declared special act, and shall be vested with all the powers, privileges and immunities necessary to carry into effect the intentions and objects of this act and of the special act therefor, and which are incident to such corporation, or are expressed or included in the civil code.

to be bodies

corporate, &c.

Powers:
To receive

grants of land
&c.;

Purchase of land;

POWERS.

7. The company shall have power and authority: 1. To receive, hold and take all voluntary grants and donations of land or other property made to it, to aid in the construction, maintenance and accommodation of the railway, but the same shall be held and used for the purpose of such grants or donations only;

2. To purchase, hold and take of any corporation or person any land or other property necessary for the construction, maintenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same;