roadway, than that mentioned in " The Railway Act, 1868,"—such greater extent taken in any case being allowed by the Governor in Council, and shown on the maps or plans deposited with the Minister of Public Works.

46. And, whereas, it may be necessary for the Company to Land for possess gravel pits and quarries and lands containing deposits of gravel pits, gravel, stone or brick clay, as well as lands for stations and other quarries, &c. purposes, at convenient places along their line of railway, for constructing and keeping in repair and for carrying on the business of their railway, and as such gravel pits, quarries or deposits cannot at all times be procured without buying the whole lot of land whereon such deposits may be found; therefore, the said Company may purchase, have, hold, take, receive, use and enjoy, along 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 said Company, their successors and assigns: and it shall and may be lawful Stations and for the said Company to establish stations or workshops on any of workshops. such lots or blocks of land, and, from time to time, by deed of bargain and sale or otherwise, to grant, bargain, sell or convey any portions of such lands, not necessary to be retained for gravel pits, quarries, sidings, branches, wood-yards, station grounds or workshops, or for effectually repairing, maintaining and using, to the greatest advantage, the said railway and other works connected therewith.

Sale of lands

not required.

veyances to

47. Deeds and conveyances of lands to the Company for the Form of conpurposes of this Act, (not being letters patent from the Crown) the Company may, in so far as circumstances will admit, be in the form of and registraSchedule A to this Act subjoined, or in any other form to the like tion thereof. effect; and for the purposes of due enregistration of the same, all Registrars of deeds in their respective counties, districts or localities, shall register in their registry books such deeds and conveyances at length, upon the production and proof of the due execution thereof without any memorial or duplicate, and shall minute the enregistration or entry on any such deed; and the Registrar shall receive from the Company, for all fees on every such enregistration and for a certificate of the same, fifty cents and no more; and such enregistration shall be valid in law, any statute or provision of law to the contrary notwithstanding.

stables.

48. The Justices of the Peace for any county or district in Appointment British Columbia assembled in general or quarter sessions, shall of special conhave the powers vested by section forty-nine of "The Railway Act, 1868," in the Justices so assembled in the Province of Ontario, as to the appointment of Railway Constables and in places where there are no such sessions, any two Justices of the Peace in either of the said Provinces, or in any place not within any province, shall have the powers given by the said section to any two Justices

of

Trial and punishment of offenders

against Penal

clauses of Railway Act.

Company not

to commence construction until after

of the Peace in Ontario, for the dismissal of any such constables; and where there is no Clerk of the Peace, the record of the appointment of a constable shall be dispensed with.

49. Any felony, or misdemeanor in contravention of the "PENAL CLAUSES" of "The Railway Act, 1868," committed in the Provinces of Manitoba or British Columbia, shall be tried, punished, and dealt with in such Province, by and before the court or tribunal having cognizance of felonies and misdemeanors respectively (as the case may be), and punished in the manner provided by the said Act; and, if committed in any place not within any Province, may be tried, punished and dealt with by any court having like jurisdiction in British Columbia, Manitoba or Ontario; in any of which Provinces the offender may be arrested and dealt with as if the offence had been committed there; or he may be arrested in the territory where the offence is committed, and committed by any Justice of the Peace for such territory for trial at such court, and in such county, district, or place in either of the said Provinces, as the Justice may think most convenient, and to the common gaol whereof he may commit such offender, and authorize his being conveyed by any constable; and if the punishment to which he is sentenced be imprisonment in the penitentiary and there be no penitentiary in the Province, such imprisonment shall be in the common gaol for the place where he is convicted: and any offence against the said "Penal Clauses," or any other section of the said Act thereby cognizable before a Justice or Justices of the Peace, shall be cognizable before a Justice or Justices of the Peace for the place where the offence is committed: and if any pecuniary penalty be imposed and there be no party entitled to receive it under the said Act, it shall be paid to the Receiver-General, to the credit of the Railway Inspection Fund.

50. The Company shall not have power to acquire any land or to commence the construction of the Railway hereby authorized until after such day as shall be fixed by Proclamation of the proclamation. Governor in Council.

SCHEDULE A.

FORM OF DEED OF SALE.

Know all men by these presents, that I, A.B., in consideration of paid to me by the Inter-Oceanic Railway Company of Canada, the receipt whereof is hereby acknowledged, grant bargain, sell and convey unto the said Inter-Oceanic Railway Company of Canada, 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.

Witness my hand and seal, this one thousand eight hundred and

Signed, Sealed and Delivered

in presence of

day of

}

A.B.

L.S.

C.D.

E.F.

CAP. LXXIII.

An Act to incorporate the Canada Pacific Railway

Company.

[Assented to 14th June, 1872.]

HEREAS the construction of a line of railway through Preamble. British Territory, across the continent of North America, which, in conjunction with existing railways, would afford uninterrupted railway communication between the Atlantic and Pacific seaports of the Dominion of Canada, is a work of vast importance, not only to the political and commercial interests of Canada, as tending to the closer union of its several Provinces, but also to the British Empire at large, as affording rapid and direct communication through British Territory with her Australian and Asiatic. possessions, and opening up for colonization an almost unlimited extent of fertile country; and whereas the persons hereinafter named, have formed themselves into an association for the purpose of constructing the said line of railway, and have prayed, by petition, to be incorporated as a Company, and to be invested with the powers necessary for the purpose, and it is expedient to grant the prayer of their petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Sir Hugh Allan, Sir Edward Kenny, the Honorable James Incorporation. Skead, the Honorable John J. C. Abbott, the Honorable Asa B. Foster, the Honorable David Christie, the Honorable Gédéon Ouimet, the Honorable John J. Ross, Donald A. Smith, William Nathan the elder, E. R. Burpee, Andrew Allan, Donald McInnes, Louis Beaubien, Charles F. Gildersleeve, Jean Baptiste Renaud, Edward Kersteman, and Eugène Chinic, with all such other persons and corporations as shall become shareholders in the Company hereby incorporated, shall be and they are hereby constituted a body corporate and politic, by the name of the "Canada Pacific Corporate Railway Company," and the words "The Company" when used in name and this Act, shall mean the Canada Pacific Railway Company powers. hereby incorporated.

general

to apply.

2. "The Railway Act, 1868," so far as the provisions contained Railway Act therein are applicable to the undertaking authorized by this Act, and in so far as they are not inconsistent with or contrary to the provisions of this Act, are hereby incorporated with this Act.

works of the

3. The said Company, and their agents and servants, may lay Line of out, construct, equip, maintain and work a continuous double or railway and single track iron or steel railway, of such width or gauge as may be company. directed by an Act of the present session, and also a telegraph line throughout the entire length of the said railway, with the proper appurtenances, from a point at or near Lake Nipissing, in

the

Branches to
St. Mary
River, &c.

Bridges.

Owning vessels.

Line to be

the Province of Ontario, to the waters of the Pacific Ocean, in the Province of British Columbia; with power to extend the said railway to Victoria or Nanaimo, or some other point in Vancouver Island, and along or across the said island to Barclay Sound, or to such other point on the coast of said island as may be found expedient; and to construct branch lines from the main one, to the River St. Mary, at some point between Lake Huron and Lake Superior, and from the main line to some point on Neepigon Bay or Thunder Bay, and from or near Winnipeg River to the Lake of the Woods, and from Fort Garry or Winnipeg to Pembina, or to any other point on the sonth boundary line of the Province of Manitoba, and from any point on the main line in British Columbia to any point on the boundary line of that Province, so as to connect with the railway system of the United States of America; and to construct a railway bridge across the said River St. Mary, and across the Johnson's Straits. The said company shall also have power and authority to build, own and operate steam and other vessels in all Canadian lakes, rivers and waters lying between Lake Nipissing and the Pacific Ocean, and on the waters of the Pacific Ocean, and to build wharves and harbours thereon, and shall be entitled to charge fares and freight for passengers and goods carried on board such vessels.

4. The course and line of the said railway, and the termini approved by thereof shall be fixed and determined by the Company, subject to the approval of the Governor in Council.

Governor in
Council.

Materials from public lands, and extra with ands.

As to taxation
on property
of Company.

5. It shall be lawful for the Company to take from any public lands adjacent to or near the line of the said railway, all stone, timber, gravel and other materials which may be necessary or useful for the construction of the railway; and also to lay out, and appropriate to the use of the Company, a greater extent of lands for stations, depots, workshops, buildings, side-tracks, wharves, harbours and roadway, and for establishing screens against snow, than the breadth and quantity mentioned in "The Railway Act, 1868;" but such land shall only be taken by the Company, under grant of the Governor in Council, as hereinafter provided.

6. The buildings, right of way, permanent way, rolling stock and earnings of the Company and all property thereof, except the lands granted or to be granted by any government in aid of the said railway, shall be exempt from taxation in any Province hereafter to be constituted from the territory of the Dominion for fifty years after the completion of the said railway, under any law, ordinance or by-law of any Provincial, local or municipal authority, to any other or greater extent than if the same were the property of the Dominion,-the said railway being in fact a public work constructed mainly at the expense of the Dominion for the benefit of all the Provinces thereof.

7. And as respects the said railway, the eighth section of "The Railway Act Railway Act, 1868," relating to Plans and Surveys, shall be sub- altered as to ject to the following provisions:

It shall be sufficient that the map or plan and book of reference for any portion of the main line, or of any supplemental line of the said railway, not being within any district or county for which there is then a Clerk of the Peace, be deposited in the office of the Minister of Public Works of Canada, and any omission, misstatement or erroneous description of any lands therein may be corrected by the Company, with the consent of the Minister, and certified by him; and the Company may then make the railway in accordance with such certified correction:

The eleventh sub-section of the said eighth section of the Railway Act shall not apply to any portion of the railway passing over ungranted lands of the Crown, or lands not within any surveyed township in any province, and in such places deviations, not exceeding twenty-five miles from the line shown on the deposited map or plan, shall be allowed without any formal correction or certificate; and any further deviation that may be found expedient may be authorized by Order of the Governor in Council; and the Company may then make their railway in accordance with such authorized deviation:

The map or plan and book of reference made and deposited in accordance with this section, shall avail as if made and deposited as required by the said "Railway Act, 1868," for all the purposes of the said Act, and of this Act: and any copy of or extract therefrom certified by the said Minister or his Deputy, shall be received as evidence in any court of law in Canada:

It shall be sufficient that a map or profile of any part of the completed railway, which shall not lie within any county or district having a registry office, be filed in the office of the said Minister of Public Works:

The Company may, in making the map or plan of any portion of their railway, adopt and use for the purposes of this Act, that survey and plan of such part made by the Government of Canada in the years one thousand eight hundred and seventy-one and one thousand eight hundred and seventy-two, and the levels and other particulars ascertained by such survey, without making any new survey, and plan of such portion :

plans and surveys.

Council may

The Governor in Council, may in his discretion, grant to the Governor in said Company the right of way (of such width as he may think grant right of fit) over any unimproved lands of the Dominion, or any lands way. required for stations or other necessary purposes of the Company, in the Province of Manitoba or British Columbia, or in the North West Territories.