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borrow money

exercised.

not requisite.

12. The power to borrow money conferred by the twelfth sub- Power to section of the seventh section of "The Railway Act, 1868," may be exercised by the Company in the issue of bonds under the seal of Railway of the Company, and made and signed by the President or Act, how to be Vice-President of the Company, and countersigned by the Secretary, and with or without interest coupons; and such bonds shall, without registration or filing of the same, or formal conveyance, or in- Registration strument of hypothec, mortgage or pledge or registration or filing of the same, be and be taken as an hypothec, mortgage and pledge, according to the rank and priority which may be therein mentioned, upon the railway and undertaking, and the real and personal property, franchises, tolls and revenues of the Company Mortgage of then existing and thereafter acquired; and each holder of the bond holders. said bonds shall be deemed to be a mortgagee and incumbrancer, pro rata, with all the other holders of bonds of the same issue, rank and priority upon the railway and undertaking, and all and every the property of the Company herein before mentioned; subject, however, to the provisions of the seventh section of this Act, and to the preference stock of the Company.

Railway

13. It shall be lawful for the Company to enter into any Agreements agreement with any other railway company which at any time with other hereafter may construct and work any railway touching at any Companies. point on the main railway or any extension thereof, for the use and enjoyment of the line of such railway company and its appurtenances, or any part thereof, or for the lease of the main railway or any extension or any part of either to such railway upon such terms as may be agreed upon.

with other

running lines

14. The Company may, under agreement, join with any other Arrangements railway company, in constructing such portion of the Pembroke Companies for Extension or North Western Extension hereby authorized, as making or shall be common to both Companies; and for that purpose, may of railway. contribute out of its stock to such common railway,-and may issue joint debentures for any balance of the cost of construction thereof, creating such liens and charges thereon as shall be designated in such debentures; and may agree with such Company as to the mode of using such common railway, and of building a second track thereon; and may make all requisite arrangements for the management of such common railway, and for subsequently dividing their property in such common railway,—all such agreements and arrangements to be established from time to time by deed.

other

15. The Company are also hereby authorized and empowered Amalgamato contract and agree with any railway company for the tion with purchase, transfer or amalgamation of their line of railway or Companies. undertaking, with the appurtenances and privileges thereto belonging, or in any manner appertaining, upon such terms and conditions, and with such restrictions as the Company may deem expedient,

16.

Consent of shareholders

16. No liability or expenditure shall be incurred or powers to be first had, exercised under the three next preceding sections, without the consent of a majority of two-thirds of the stockholders present in person or by proxy at a special general meeting to be called for that purpose.

Recital.

17. And whereas it may be necessary for the Company to possess gravel pits and quarries and lands containing deposits of gravel, stone or brick clay, at convenient places along their line of railway, or any extension thereof, for constructing and keeping in repair, and for carrying on the business of the said railway; and as such gravel pits, quarries, or deposits cannot at all times be procured without buying the whole lot of land whereon such Company may deposits may be found: it is therefore enacted, that it shall be purchase lands for lawful for the Company, and they are hereby authorized, from time gravel pits, to time, to purchase, have, hold, take, receive, use and enjoy, along quarries, &c. the line of the said railway, or separated therefrom, and if separated therefrom, then with the necessary right of way thereto, any lands, tenements and hereditaments which it shall please Her Majesty or any person or persons or bodies politic, to give, grant, sell or convey unto, and to the use of, or in trust for the Company, their successors and assigns; and it shall and may be lawful for the Company to establish workshops on any of such lots or blocks of land, and the Company shall, from time to time, And sell the by deed of bargain and sale, or otherwise, grant, bargain, sell or convey any portions of such lands, not necessary to be retained for gravel pits, quarries, sidings, branches or workshops, or not necessary for effectually repairing, maintaining and using, to the greatest advantage, the said railway and other works connected therewith.

same when no longer required,

Arbitration

where price cannot be

Railway Act to apply.

18. Where stone, gravel or any other materials is or are required for the construction or maintenance of said railway, or any part or agreed upon any extension thereof, the Company may, in case they cannot agree with the owner of the lands on which the same are situate, or which are required for the purchase thereof, cause a provincial land surveyor to make a map and description of the property so required, and they shall serve a copy thereof, with their notice of arbitration, on such owner: and the Company may thereupon proceed and ascertain the compensation by arbitration, as in case of acquiring the roadway; and the notice of arbitration, the award and the tender of the compensation, shall have the same effect as in the case of arbitration for the roadway: and all the provisions of "The Railway Act, 1868," as varied and modified by this Act, as to the service of said notice, arbitration, compensation, deeds, What rights payment of money into court, the right to sell, the right to convey, and the parties for whom lands may be taken, or who may sell, shall apply to the subject matter of this section, and to the obtaining materials as aforesaid; and such proceedings may be had by the Company, either for the right to the fee simple in the land from which said materials shall be taken, or for the right

may be

acquired.

to

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to take materials for any time they shall think necessary; the Right of way notice of arbitration, in case arbitration is resorted to, to state to gravel pits, the interest required.

&c.

19. Where gravel, stone or other materials shall be taken under Railway Act the preceding section of this Act, at a distance from the line of the to apply. railway, the Company may lay down the necessary siding and tracks over any lands which may intervene between the railway and the said lands on which said material shall be found, whatever the distance may be; and all the provisions of "The Railway Act, 1868," and of this Act, except such as relate to filing plans and publication of notice, shall apply and may be used and exercised to obtain the right of way from the railway to the lands on which such materials are situated, and such right may be so acquired for a term of years or permanently, as the Company may think proper and the powers in this and the next preceding section, may at all times be exercised and used in all respects after the railway is constructed, for the purpose of repairing and maintaining the said railway.

Railways as to

river Ottawa.

20. It shall be lawful for any other Railway Company whose Arrangement railway comes to or near the Township of Hull in the Province with other of Quebec, or to or near the City of Ottawa in the County of Railway Carleton in the Province of Ontario, or to or near any bridge bridge over erected elsewhere by the Company, to connect such other railway with any bridge which the Company may erect over the River Ottawa or elsewhere, or with some branch railway or line leading to the said bridge, and to cause their engines and carriages, to pass with their freight and passengers over and along the said bridge and branch railway or either of them, and to discharge and receive passengers and freight at any station or depot of the Company, and for the Company to allow such other Railway Company so to do, upon such terms and conditions as the two Companies shall agree upon; and if the gauge of the railways of the two Companies be different, then the Company may (notwithstanding any clause fixing the gauge of their railway) so arrange the lines of rails thereon, and upon the branch or line leading thereto from the railway of the other Company, that the engines and carriages of such other Railway Company may pass over the said bridge and along the said branch, and into and out of any such station or depot as aforesaid; and the terms and conditions to be so agreed upon may extend to the payment by such other Railway Company to the Company of a fixed sum once for all, or of an annual sum, or of sums payable from time to time and proportioned to the number of carriages or passengers or the quantity of freight conveyed over the said bridge, and the services performed, or the accommodation afforded in respect thereof for such other Railway Company: Provided always, that it shall also be lawful for the Company to agree with the Directors of such other Railway Company as aforesaid, that either Company shall receive and convey for the other, passengers and freight between the said bridge and any station or depot of

Proviso.

Directors ray

powers to a Committee.

either Company, and in the carriages of either Company, or shall perform any other service for the other Company, upon such terms and conditions as the Companies respectively shall agree upon; and any agreement made by any companies respectively under this section shall be binding upon such Companies during the time for which it shall be made, but it shall not be compulsory on any company to make or renew any agreement under this section. And if the Companies cannot mutually agree as to the terms of any arrangements under this section, it shall be referred to arbitration under the provisions of "The Railway Act, 1868," referring to lands and their valuation, and the award thereunder made shall be binding upon both Companies.

21. The Board of Directors may, by resolution, appoint the delegate their whole or any of their number to be an executive committee in Canada of the whole Board, and may delegate to such committee all or any of the powers of the Board, subject to such restrictions and in such manner as they shall think fit. The Directors may also appoint one of their own number to be a paid Managing Director, and may delegate to him such of the powers of the Board as they may think fit.

Duplicate seal.

Greater width allowed for roadway.

Working Expenses defined.

22. A duplicate seal of the Company, to be marked Seal A, may be kept at the office of the Company in Canada, and may be used for the purpose of being affixed to any documents requiring the seal of the Company in Canada; and all documents sealed with the Seal A, shall be as valid and effectual to all intents and purposes as if the same had been sealed with the seal of the Company in England.

23. Notwithstanding anything contained in " The Railway Act 1868," the Company shall have the right to take, under the provisions of the said Act, for the main railway, or any extension thereof, such greater width of roadway as shall be requisite for the purpose of establishing screens on each side thereof, by trees or otherwise, against the accumulation of snow by drifting.

24. The expression "working expenses," when used in this Act, shall henceforth mean and include all expenses of maintenance of the main railway and of the several extensions thereof and of any line authorized by this Act, and the maintenance of the stations, sidings, buildings, works, warehouses, elevators, appliances and conveniences belonging thereto, and of the rolling and other stock and moveable plant used in the working thereof, and also such rents or annual sums as may be paid in respect of warehouses, wharves or other property, including land leased to or held by the Company; and also all expenses of and incident to working the railway and the traffic thereon, including stores or consumable articles; also rates, taxes, insurance and compensation for accidents or losses; also all salaries or wages of persons employed in or about the working of the railway and traffic, and

all

all secretarial and establishment expenses, including Directors' fees, agency, legal and all other incidental working expenses whatsoever.

visions of the

25. So much of the eighteenth section of" The St. Lawrence and Part of s. 18 of Ottawa Railway Act," as incorporates with that Act the several 31 V.; c. 20,, repealed. therein mentioned clauses of an Act of the legislature of the late Province of Canada known as "The Railway Act," as in the said eighteenth section mentioned, and an Act of the said late Province known as "The Railway Act Amendment Act of 1860," and an Act passed in the legislature of the said Province of Canada, in the twenty-fourth year of Her Majesty's reign, intituled "An Act to explain and amend the Railway Act," is hereby repealed, saving all matters and things heretofore done or performed thereunder; and from and after the passing of this Act, the provisions Certain of "The Railway Act, 1868," from section five to section twenty- Railway Act two both inclusive, being Part First of that Act, and any Acts of 1868, incorpothe Parliament of Canada amending the same, shall, except in so far as the same may be varied by "The St. Lawrence and Ottawa Railway Act," and without prejudice to the rights, privileges and powers vested by the said eighteenth section of "The St. Lawrence and Ottawa Railway Act" in the Company apply to the main railway, and to the Chaudière Extension, the Pembroke Extension, and the North Western Extension, and any other line or lines which may be made or constructed under the authority of this Act, and all rights, privileges and powers now vested in the Company in respect to the main railway, are hereby extended to any extension or line authorized by this Act.

26. The Pembroke Extension shall be commenced within three Time limited years from the passing of this Act, and shall be completed within for extensions. seven years therefrom; and the North Western Extension shall be commenced within five years from the passing of this Act, and shall be completed within ten years therefrom.

river Ottawa.

27. The power conferred by this Act to erect a bridge or Proviso, as to bridges over or across the River Ottawa, shall not be exercised by bridge over the Company until the Governor in Council has by proclamation declared that on, from and after a day to be therein named, such power may be exercised.

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