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CIHM/ICMH

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CIHM/ICMH
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Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historlques

1980

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. L i W i

GOV

THE

t^E

-Ji I.".

,_-L.-t-.

W - ' —U Jfif-J.MLJJii

the:

CANADIAN PACIFIC RAILWAY

CONTRACT

BETWEEN THW

GOVERNMENT OF THE DOMINION OF CANADA

AND THE

CANADIAN PACIFIC RAILWAY

COMP A.TSr Y,

vtjSO

THE CONSOLIDATED RAILWAY ACT (1879), AND THE
ACT OF 1881 AMENDING IT.

OTTAWA:
PRINTED BY MACLEAN, EOGEE & CO., WELLINGTON STEEBT,

1889,

,,^

)VERN

CA^

E COl

mi'^r

-i-

PRINTI

T IT v:

lANADIAN PACIFIC RAILWAY

CONTFiACT

r.BTWEEN THE

IVERNMENT OF THE DOMINION OF CANADA

ANI> THR

CANADIAN PACIFIC RAILWAY

O O M P A. N Y ,

ALSO

IE CONSOLIDATED RAILWAY ACT (1879), AND THE
ACT OF 1881 AMENDING IT.

OTTAWA :
PRINTKD m MACLEAN, EOGVAi k CO, WELLINGTON STREET.

1882.

■^

TABLE OF CONTENTS.

Page.

1. Precis and Index of Act and Contract with the Canadian Pacific

Eailway ..v toxix

2. An Act respecting the Canadian Pacific Railway (44 Vic, cap. 1,

1881) 1

Schedule attached to Act — Contract dated 21st Oct., 1880 3

Schedule A — Referred to in foregoing contract 13

3. Order in Council, authorizing the issue of Letters Patent, incorporat-

ing the Canadian Pacific Railway Company 29

Form of Letters Patent 40

4. Certificate of publication of Letters Patent in the Canada Gazette,

16th Feb., 1881 56

5. Certificate of Deposit of |1,000,000 by the Canadian Pacific Rail-

way Company 57

6 Amended description of the Standard for construction 58

7. Supplementary agreement in regard the Running Powers, Rates, &c. 59

8. The Consolidated Railway Act, 1870 (42 Vic, cap. 9, 1879) 61

9. The Act (42 Vic, cap. 9, 1881) amending the Consolidated Railway

Act, 1879 129

10. The Act (45 Vic, cap. 53) authorizing the i^a.ssage of the Canadian

Pacific Railway through the Roc^ky Mountains by some pass
other than the Yellow Head 141

11. Index to Consolidated Railway Act 143

Section
Sec

44 Vic,

c. 1.

Oontraci
8. 3

8. 9a

3. 9t

s. 9e

Sch. A
8. 38

8. 36

a. 35
Contrac

8. 17

PRECIS AND INDEX

ACT 44 VIC, CAP. 1.

LETTERS PATENT AND SUPPLEMENTARY LETTERS.

Section aad Sub-
Section.

44 Vic

c. 1,

Oontrnct,
s. 3

8. 9a
3. 9e

s. 9c

Sch. A.
B. 38

s. 36

s. 35

Contract.

8. 17

Letters
Patent.

8.3

B. 9u
a. 9<i

B. 9c

3.38

Arbitration, for settlement of differences arising as to quality
of vrork or materials used in construction

s. 17

Apportionment op Subsidy to eastern and central sections

When reduction may be made on first 800 miles of central
section, and how disposed of

Advances to Company on steel rails and fastenings su^iplied in
advance of requirements of construction

Agrkemknts —

Execution of

Contracts, bills, &c., signed by officers of the Company, or

its agents, to be binding

Company's seal need not be affixed —

Company's agents not liable individually to any third party
May be made with bondholders to restrict the issue of bonds.
With bondholders valid, notwithstanding any act of the

Company to the contrary

Made under sec. 36 to be deposited with Secretary of State...

Bonds, Land Grant—

Authority to issue

Nature of, and conditions of issue

If issued to be deposited with Government

Portion of, to be held by Government as security for main-
tenance of railway, sc, Tua 10 years after the completion
of tue railway

Payment of interest on, held as security not to be demanded
by Government

If any, held as security be paid off in extinction of issua —
Government shall hold the amount and pay 4 per cent,
interest on ihe same so long as no default occurs

Held as security to be returnee with all coupons attached,
provided no default be made

If default be made by Company, Government may demand
payment of interest on bonds held as security

Oth'jr securities may be substituted fc Land Grant Bonds by
agreement.. ,

27
27
27
27

27
27

19
11
11

11
11

11
11
11
11

31
33
35

54
54
54
54

54
64

37
37
37

37
37

37
37
37

INDEX — Continued.

0>*iitrnct.
8. 18

B. 19
B. 20

Sch. A.

S. 30

B. 32
S. 31

Oontract,

B. 9<

Sch. A.
8. 28

B. 29

B.3i

3. 18

a. 19
3. 20

3. 30

a. 31

8. 9d

F. 9(!

8. 28

DKina, Land Ghant — Concluded.

If sold in excess of land subsidy oarncd, proceeds shall be

deposited with Oovemuient ,

Government to allow interest on amount dopoaited from sale

of bonds in excesH of earnin{;s

How deposit of proceeds filinll be refunded

Shall be a charffe on the land firnnt

E.xpi nses incurred by Governuient in Kiving effect to secB

17 and 18 shall bo paid by Oompany

If not issued, Governnnmt phall retain every fifth section of

land as f ocurity, &c

BONPB, MORTOAOB ON LaND—

May be is.-ued to the extent of $25,000,000 '.

Deeds for same

Authority and conditions

To be styled Land Grant Bonds

Need not be sealed — sifjnatiire may be stamped, &c

May be issued in lieu of Land Grant Bonds to such amount
as may he ajjrecd on, &c., and such shall constitute a
mortfrage on the frarichiaes as well as the property of the
Company •

B. 29

fl. 32

Bonds, Mortqaok on Railway and Lands—

Company to have option, to Ist Jannarj, 1882, to Bubstitnte
payment of intetcst by Government on such bonds in
lidi of iiimd Grant Bonds and in lieu of cash subsidy

Proceeds of salo to be deposited with Government

'» " how dealt with, and repaid to Company

Coupons for interest guaranteed by Government

Hedemptiou of, ly Sinkinf; Fuud

If issued, a reduction of $2,000 per mile to be made on first
800 iniUa of crntral .section, and how appropriated

Bonds, Mortoaoks on all the Property of the Company —

Issue limited to $10, oeo per mile ,

" a lirsl mortgage

Security for issue

Lands granted or to be granted may be exempted from mort-
gage if Liind (.irant Bonds under sec. 30 have been issued

Shall not attach on any property until the same shall have
been conveyed by the Government to the Company ....

Deeds of mortgage, to be executed unJcr authority of resolu
tion pa'jsed at special general meeting

Deeds to Hhow descripiion of property, conditions for pay-
ment of bonds au J interest, and remedies in default of
payment

Deeds to show authority for trustees, in default of pp.yment,
&c., to take possession of railway, and to run or sell it..

Provision in default of payment, to transfer right of voting
from the shareholders and holders of preferenee stock,
to the Bondholders

Provision for the canci'Uation of shares deprived of voting
power

Provision for mode of enforcing the powers conferred by
the Deed

Provisions not contrary to law to be valid and binding

In case of change of ownership, railway and property shall
continue to be held under provision hereof..

If Land Grant Bond^ are not issued, the issue of these Mort'
gage Bonds may be increased to $20,000 per mile

If issued before completion of the railway, a portion of the
proceeds to be dealt with as provided by s. 9, ss. d, ot
contract, and s 31

Deeds need not be sealed ,

Signatures may be stamped

34
34
34
34
35

23
23

60
60

24
24

51
51

26
26

52
62
53

lietters
Patent.

38
38
38

62
52
52
52
52

34
34

34
34
35

60
60

C«

50
50
60

50
61

51
61

62
52
53

INDEX — Continued.

▼H

Section and Sub-
beotion.

I 44 Vic,
e. 4.

t'.ch,

Scb,

36
36

B.
B.

Sch.

. 6

. 7
. 8

8. 9

10
II
27

Preamble
Act, 3. 1.

Contract.

8. 1
B. 3

8. 21

Sch. A.

B. 3

Letters
Patent.

a. 26
a. 34

s. 35

c. 36

3. 36
8. 37

P. 6

a. 7

8. 8

s. 9

8. 10
s. 11

8. :.7

s. 1

8. 3

s. 21

Sch. A.
s. 3

Bonds, Mortoaok on Canada Central and othbr acqdirbd
Links— (•S'ee Canada Central)

Bonds—

Currency in which they may issue

Conditions and price u.nder which they may be disposed of..

May under by-law be exchanged for inscribed stuck

Nt'od not be registered

Restriction of issue may bo made by agreement with bond-

liohlei-s

Any Act of Company contrary to such agreement with

bondholders to bo invalid

Agreement madti uuder s. ii6, to be deposited with Secre-

taryofdtale

The lien, mortgage and privilege of, issued under this Act,

not affected by guarauteKd or preferred stock

By-Laws —

Shall fix number of Directors, not exceeding fifteen

May provide for voting at the Board of Directors . ...

May (Jefino the powers and duties of the Executive Com-
mittee of the Board of Directors

May appoint and fix places other than Montreal, within the
Dommion of Canada, for the transactinn of business....

Shall appoint and fix one pla^e in each Province and Terri-
tory, through which thii railway passes, where service of
process may be made ..

Copy of any By-law, fixing or changing 'place for service of
process, shall be deposited at the seat of Government
uf such Province or Territory

May alter the day and place for holding the annual general
meeting of shareholders

May determine conditions under which special general meet-
iiigs mtty oe convened

May provide for remuneration of President and Directors, or
any Executive Committee of such Directors

For transfer of stock and shares, for registration and in-
scription of stocks, shares and bonds

For transfer of registered bonds

For payment of dividends and interest

Shall have no effect, after the general meeting of share-
holders next held after being passed, unless approved
by such meeting

Page of
Reference.

44 Vic.
0. 1.

Bolts and Ndtb— (5ee Materials;.

Books of RBrERENcs — {See Plans).

noNTKAOT —

Submitted for approval and ratification «

Approved and ratified

Paities to

Interpretation of

Differences arising on the question of standard of eonstruc-

tion, to be arbitrated on

Power to carry out conditions ,

Only binding if Company be incorporated accordiug to form

contained in Schedum a.

Transfer from Contractor to Company ,^...,

" conditions of

" deed not required »

" proof of.... ...,-

26
26
26
26

63
63
6.{
63

15
16

42
4'2

Lettora
Patent

22
22
22

49
49
49

VUl

I N D E X—Oontimed.

44 Vic,
c. 1.

Act.

B. 2

Sch. A.

:8. 2

8. 3

s. 14

Contract
B. 1

s. 4

B. 9a
8. 9«

8. 1

Sch. A.
s. 25

8.2

s. 3

s. 14

8. 1
4

a. 9a

B. be

Ohartbr—

Authority to grant '

Rffoct nf, when published in Canada Gazette

Form of, authorized by Order in Council

Certificate of publication of Letters Patent..,

s. 25

OAPITAt —

Amount, $25,006,600

Division into shares of $100 ..,

Conditions of issue ,

To be paid up— first $5,000,000 in three instalments

" first instalment of first call, 30 per cent

" second " " 20 "

'« last " " balance 3l8t Dec, '82

trails, further, not to exceed 20 per cent

See also Amended Consolidated Railway Act for defini ion of
word "C-ipital."

Central Section op Railway —

Selkirk to Kamloops

To be commenced by Ist May, 1881

To be completed by 1st May, 189)

Provision for extension of time

Apportionment of subsidy granted

When reduction of subsidy may be siado

44 Vic,

Letters

0. 1.

Patent.

Callander Station, western terminus of Canada Central and
initial point of eastern section of 0. P. R

Contract.

a. 3

8.4

8.6

8. 16

Sch. A.

8. 39

Contract,

8. 22, Sch.

A., s. 17.

•

Sch. A.

8. 18

ss. a

18a

.'anada Central —

Power to acquire, lease or otherwise

Power to acqiiire, lease, do or amalgamate with other lines
and acquire runninp powers over any railway between
Ottawa and Atlantic seaboard.

Power to borrow on mortgage on any such acquired lines,
and to issue bonds to the extent of $20,0«0 per mile ....,

Security for issue

Issue ot such bonds not to affect the rights of prior mort-
gagees

Amount of issue to be diminished by amonnt of existing
mortgages

CON3TR0OTION —

Standard originally laid r^own

" au. ended •

When to be commencrd by Company

" completed "

Of portions undertaken by Government, when to be com-
pleted

Of competing lines prohibited for 20 years, ejcept under
specified conditions

Reports on progress to be furnished aa required by Governor
in Council. {See also Amended Railway Act, 1881)

OoNsoLiDATBb RAILWAY AoT, 1879, to be applicable to 0. P. R.
contract, except ae provided

Exceptions provided.

Sec 7, relating to Powers. Sec. 8, Planb and Survbtb.
The Company to have righ, to take, &c. Beach and land

below high water mark, Ac

Ihie right not apiiliouble east of Lake Nippissing, except
with approval of Governor in Council ...-.

3,4
5
5
6

6,7
8

22
22

5
6

10
28

129

IB
18

Section an
Secti(

83 f

Sch. A

B. 19

8. 20

8.21

S. 22

s. 23

Act, 8. 2,

Sch A

8. 4

49 \

Act, B. 3

1 Contrac

s. 4

58 '

31 1

Act, 8. 3

Contrac

8.9

Act, 8. 3

OontrflC

8. 14

Act, 8. 4

Contrac

s. 10....

Act, s. .'

Oontfst

8. 7. ...

Act, s. .'

Contrai

B. 7

46 1

I'm D EX — Continued.

Section and Sub-
Section.

40
4*
56

41
41
41
41
41
41
41
44

129

30
49

49
49

31
68
31
31

4S
45

Sch. A.
SS. h

88. C

SS. /

89, e

Sch. A
s. 19

31 \

31 3

s. 20

s. 21
8. 22
8 2'i

Act, 8. 3,
Sch A.
8. 4.

Act, 8. 3,
Contract

8. 4

Act, 8. 3,
Contract

8.9.

Act, 8. 3
Controct

8. 14

Act, B. 4,
Contract
8. 10..

Act, 3. .'i,

Ooatfflct
8. 7

Act, 8. ,5,
Contract
S. 7...

186

18c

18i

18c

21
22
23

Page of
Reference.

Consolidated Railway Act — Excertions provided— Conchidei.
It shall be sutficient that maps, plans and books of reference,
not being within any diatrict or county for which there
is a clerk of the peace, be deposited in offico of the

Minister of Railways

Corrections of errors or omissions may be made therein with

consent of Minister

Sec. 8, SS. 11, not applicable to railway passing over un-

granted Dominion or Provincial Crown Lands

Deviation there allowed to extent of five miles without

formal correction or certificate

Further deviation may bo authorised by Governor in Council

Deposit of map?, plana and hooks of reference made under

this section to av.ail as if made un 'ler Railway Aci, 1879,

Copy of the samf, certified by Minister or Deputy, to be

received as evidence in any court of law

Where no registry office exists the deposit of plan:-', &c., of
any completed part cf the r.'iilway with the Miaiater of

Railways shall be sufficient

May take material from adjacent public lands for construc-
tion of railway

Greater extent of land for stations, &c., than allowed under
Act, provided for, subject to approval of Governor in

Council

S3ct. 17, ss. 11. — Limit of reduction of tolls by Parliament

extended

Sect. 17, 88. 10 do ',0 by Governor in

Council ™

Sect. 2], 68. 1 and 2. -Transfe. of shares

22, SS. 3 and 4. do do

19, SS. 16. — President and Directors, their election and

duties ,

24, SB. 2. — By-laws and Notices

28, 88. 5 and 6. — Gener'-' Provisions

97. — Railway Fund

(See also amended Consolidated Railway Act, 1881)

s. 9

b. 10
a. 10

8 7

K 7

II
II
II

44 Vic,
c. 1.

Letters
Patent.

19
19

46
46

Company — Rights and obligations of, under Contract and act.

To receive charter conferring franchises, Ac, as embodied
in schedule appended to contract

To deposit with Government $1,000,000, as 'security for
performance of Contract

To receive subsidy in land, 25, 000, OL - acres, and in money,
$25,000,000

To receive land for right of way, stations, &c....

To be permitted to import certain materials for original
construction of railway and telegraph )in. , also, of
apparatus for first equipment of such line — free of duty...

To have possesai'in and right to work portions of Canadian
Pacific Railway already constructed, and as the same
shall be hereafter completed

To have conveyed to it, when E.istern and '^entral sections
are comcleLed, all portiona of railway corstructed by
GoveruKent, with Btation-b;uldinga and water service...

It)

1)
2^
20

21
21
21
21

2-14

2-6

2-19

2-8

3-6

46,47

47,48

48
48
48
48
129-140

3i
36

35
35
32

INDEX — Confmuerf.

Section and Sub-
Section.

44 Vic.
c. 1.

Act, s. 6

Contract
a. 2

Letters
Patent.

B. 4

3. 5

s. 8

8. 9(/

a. 9/>

8. 9c

8. 9(/

s. 8

B. 9«
8. 91.

a. 9c

8. 9rf

Company — Continued.

To give security for the continuous operntion of the railway
for ten years after completion

As soon as organized, to deposit as security for construction
of line, $1,000,000 ill cish, or other appn ved securities..

To receive interest, on cash security deposited, at 4 p.c

To do do on other securities deposited

To do back deposit, on conipletion of lailway

To laj' out, construct and equi)) Eastern atid 'Jentral section
of uniform gauge of <) feet 8i inches

To construct and equip railway" according to agreed stan-
dard ,

{See also amended Standard)

Agree to arbitration of differences arising in regard to
quality of work or material

To commence construction of Kastern section not later than
lat July, 1881

To commence construction of Central section not later than
1 St May, 1881

To carry on work on ench section simultaneously, and at
such annual rate Of progress that each of them may be
ocmpleted, equipped and in running order by Ist Mav,
1891 .

To be granted on extension of time, under certain eventu-
alities

To pay cost and expenses incurred by Government on first
100 miles section of road from Winnipeg

To have right to assume possession of said works at any
time on jiayment of cost

To own railway constructed under terras of the contract

To receive transfer of, and have the right to work the
several portions of Canadian Pacific Railway as con-
structed

To receive conveyance of sections constructed by (Jovern-
ment when the Eastern and Central sections are
completed

To bo absolute owners of the whole Canadian Pacific Railway

Shall forever efficiently maintain and openite Canadian
Pacific Railwny,

Shall equip the several portions of the railway, as they
receive possession of the same from (lovernment

Entitled to rect.-ive subsidy in certain proportions

To receive money and land according to the appropriation,
for any portion of line, not less than 20 miles in length,
completed and equipped to admit of runn'ug regular
trains

May take terminable bonds of Government bearing interest
in lieu of cash.

Shall be entitled to advances equal to three-foarths the value
at place ot delivery, on steel rails and fastenings de-
livered in advance of requirements for construction

Shall submit to a deduction from the subsidy to be paid on
each section of 20 miles, proportionate to the value of
the riils used thereon, on which advances have been
made

To have option of substituting, for the issue of Land Grant
Bonds, the payment by Government of interest or part
interest on Mortgage Bonds of the Company, &c —

To deposit proceeds from sale of ?uch bonds with Govern-
ment

To receive trom Government, certain proportions of such
deposit as tJ» work proceeds

To receive payment in case bonds are not all sold, partly in
cash and partly in bonds

To receive bonds as cash at the rate of sale ,

Page of

Reference.

30
81
.31

31
32

34
34

INDEX — Continued.

Section and Sub-
Section.

44 Vic,
c. 1.

Gontract.

s. 9c

B. 10

s. 11

a. 12

9. 13

8. 14

a. 15
s. 16

8. 17

8. 9('

3. 10

8. 11

S. 12

S. 13

s. 14

8. 15

8. Ifi

a. 17

8. 18

CoMP \iiY—Co7i''iniieil.

If they avail themselves of the option granted by clause 9,
Ba. (i, to aubmit to a deduction of $2,000 per mile on the
first 800 miles of 'he Ceutral section

To receive any deduction ao made, with payments for re-
mainder of (Jentral section

To have right to the grant of land required for railway
purposes, roRd-bed, stations, &c

To have right to admission of certain materials duty free

" purchari' materials, Ac, for condtructicn
not required by (iovernment

To receive grant of land subsidy in alternate secUons of 640
acres, 24 mile-i deep on each side of the railway, from
Winnipeg to Jasper House, so fur as the same are rested
in the Government

To receive sections bearing uneven numbers

May decline to receive lands not fairly fit for settlement

To receive other lands betwetni parallels 49 and 57 north
latitude, or elsewhere on each ni'te of arv brunch line
or lines, &c., kc , to m»ke up for any deficiencj .. ..

To be entitled to have Indian title, to lands grantel, extin-
guished.,.

To have the right to lay ont and locate railway as they see
fit preserving certain terminal points

(See amended conditions, 45 Vii.t. cap. 53 )

To lay out branches, construct, equip and work them

To deposit map and plan, &c., of branches before com-
mencing

To receive land for construction and working of branches as
far as it be vested in Government

To be protected from competing]; lines in Norlh-West for 20
yenrs from the date hereof

To be free from taxation by the Dominion, .fe",

Lands of, to be free from taxation for 20 years after the grant
thereof by the Crown

Authorizei to iasue Land Grant Bonds to extent of
$25,000,000 ,.,

To deposit Land Gr.'\nt Bonds with Goverjiment

To allow ontvfifth of Land Grant Bonds to be retained by
Government as security for the performance of th"
contract , ,

To ba relt a?ed from payment of coupons of bonds held as
eecurity or any interest thereon, so long as no default is
made

Shall receive interest on proceeds of any bonds paid off in
extinction of whole issue, ao long as no default is made .

Shall receive back, at end of 10 years after the completion
of the railway, bonds retained as security with al:
coupons attached, so long as default has not been
made

In case of default, may be required to pay interest on bends
returned, and to forego right to receive interest on
money held representing the bonds paid off

May deposit other securities with Government in lieu of
Land Grant Bonds retained as security.

In case they sell the remaining $20,000,000 Land Grant
Bonds, or a larger portion thereof than in the proportion
of $1 to each acre earned, shall deposit the amount over
and above that which they are entitled to, with Govern-
ment ..

Shall receive interest on such deposits

Shall receive ^ack from Government, at the same time and
in the same proportions as the land grants earned,
portions of the amount of deposits

Shall receive land grant subject to the charge created
thereon as security for said Land Grant Bonds

10
10

u
11

12
12

35
35

35
36
35

36
37

37
37

38
38

INDEX — Continued.

Contract.

e. 19

a. 20

3. 21

t. 22

Sch. A.

8. 26

B.38

Sch. A.
3. 6

s. 6

s 7

3. 8

8. 9
8. 12

8. 27
Sch. A.
8. IBc

B. 18i

Contract.
8. 9e

Sch. A.
s. 35

8. 41

8. 26
8.26

s. 19
3. 20

3. 21

3. 22
3. 26

3. 38

3. 6

s 6

ti 8

. 9
12

8. 27
s. 46
8: 18d

a. 65
8.35

8.41

8 26
8, 26

'jQJiPAKY—Condinled.

Shall psy expenses incurred by Government in giving eflfeot

to cotidilions contained in sections 17, 18 ,

Shall, if they do not issuf- La^id Gnmt Boada permit Govern'

raeut to retain from each Ian(; grant made every fifth

section as security provided in section 18

Shall agree with Government as to price at which such lands

may be sold

Shall agree to proceeds from such sale being retained by

GovernDicnt

Shall reci'ive interest from Government on such proceeds-
May subautute other securities for such lands, or money, by

agreement with Government

Only to be bound by contract in the event of an Act of

Incorporation being granted them in the form appended

aa Schedule A .

To be bound by Railway Act, 1879, in so far as the conditions

are applicable

Shall have power to erect and maintain docks, dockyards,
wharves, etc , at all the termini on navigable waters in
connection with the Canadian Pacific Railway

To acquire and work elevators, etc

To own and run stuam and other vesselw for passengers and
freight on any navigable waters the C.P.R. may connect

with ;

Shall not issue ai^'T note, &c.

Shall not engage in business of banking. or insurance

Directors —

Who to be first appointed

Number not to exceed fifteen,..

President and majority to be Brivi'ih subjects

Powers and term of ofiSce

Qualification

Number to be fixed by by-law

Elected by ballot

Quorum to be a majority of the Board,.

Proxies

Three must be present

Power to appoint an Executive Committee

•'resident to be an ex-oflBcio member

Chief oflice for business

President and three Directors m.iy call special meetings of
Directors, or Shareholders, or both, at the City of Lon-
don, England, etc

Remuneration to be provided by by-law ■

Dbviatxon from plans deposited, how far allowed.

Deposit of plans, etc.
Security

Deduction from subBidy.

Ukkds — See Bonds, Mortgage!, tec.

To be deposited with Secretary of State and notici! given in

Canada Gazette

Copies of certified by Secretary of State to be received a

evidence in all Courts of Justice

And conveyances of land to Oomp.any to be in certain form
To guarantee Company from all claims whatsoever

Docks, Dockyiirds, &c

Blkvatorb, may conatruot, Ac.

12
12

22
22

22
27
27

14,15
14,15
14, 15
14,15
15
15
15
15
15
15
15
15
15

16
22

26
28
28

Letters
Patent.

38
38

38
39

49
49

49
54
54

42
42
42
42
42
42
42
42
42
42
42
•12
42

43
49

45-46
57

54
56
65

Secti

44 V
c.

Oontr

Sch,
Act.

Act.

a
Sch. i

Ac
Prean

Aet,
Oontr
a.

Act.
Conin

s.
Contr

1 N D"E X — Cmtimed.

xiii

Section and Sub-
Section.

44 Vic,,
c. 1.

Oontract.
8. 1

a. 4

8. 9a
Sch. A

8. 8
Act.

8.8

Act.

8. 2
Sch. A.

B. 1

Act.
Preamble ■

Act.

3, 1

Act, s. 3
Oontract.
8. 9

Act. g. 5

(Jontraot.

B. 7

Act.

8.6

Oontract.

8. 2

H. 6

6. 6
8.6

8. 7

8.96
8, 9c

LettTa
Pate lit.

s. 1
a. 4
8. 9a
a. 8
B. 8

Subject,

Eabtern Section —

Deacribed, CftlJander Station to Prince Arthur'a Landing..

To be commenced lal July, 1881

To be completed, 1 at May, 1891

Apportionment of subaidy tc

Fbanohibeb, &c., to be granted to Company. See alao Sec. 4, p. 14.

Mortgage of .ib

Fish Flaties, Fastenings. See Material

a. 9

a. 2

s. 6

ExBOUTiVH CoMMiTTBB of Directors

Eqdipmhnt of Railway not provided by Government,,

GOVEBNMB.NT OBLIGATIONa AND RiGMTS UNDER AOT AND OoNTBAOT —

By terma of Union with British Columbia, obliged to con
struct railway to connect with aeaboard of British
Columbia

Submita contract and schedule annexed for approval and
ratification oy Parliament _

Authorized to perform and carry out conditions of contract

On receipt of security of $1,000,000 for completion, per-
petual and eflicient operation of railway, may grant
Buhsidy of $25,000,000 and 25,000,000 acres, to be paid in
manuur and on conditions aa per contract...

Authorized to convert tnoney subaidy into a fund, and pay
from such fund interest to a certwin extent on bonds of
the Company ,

May admit certain materiala for original construction of
railway, dutyfree

Alao for telegrai)h line and apparatus

May transfer completed portions of railway and those which
shall hereafter be constructed to Oompany

Page of
Reference.

Shall take security for the continuous operation of the rail-
way for ten years after its completion ,

Shall pay interest on cash deposited as security.....,..,,..

Shull return deposits to Company on completion of the
railway,

Shall refer dift'ereneoa arising as to quality of couatruction of
railway to arbitration

Shall cause Lake Superior section of railway and that purt
of western section from Kamloops to Yale to be com-
pleted according to the contracts entered into

Also that portion f.om Yale to Port Moody

Shall cause the atandard of work on auch sections to be
maintained as laid down in the contracts, except as far
as the same were modified prior to the date of the
Company's contract

Shall transfer to Company such portions of railway as are
already constructed, or as the same shall be constructed.

Shall convey the same to the Company with suitable station
buildings and water service

Shall pay subsidy in money and land ,

Shall pay and grant to Oompany the proportionate amount
of subsidy due, on the completion of any portion of the
railway not less than twenty miles in length

Shall make advances equal to three-qnarters value at place
of delivery of steel rails and fastenings, delivered in
advance of the requirements for construction „

44 Vic,
c. 1.

Letters
Patent.

3
5
6
6

30
31
31
32

2 14

1
2

39
40

2
2

35
35

32
32

33,34

XIV

INDEX — Continued.

Section and Sub-
section.

44 Vic.
c. 1.

Contract.

e. 9</

s. 10

s. 11

a 12
s. 14
8. 15

s. 16
8. 17

8. 18

8. 19

LfitterB
Patent.

Subject.

QoTBUNMKNT Oblioavions AND Rioni's... Continued.

Shall uiidc'Ttakp to nay intoreat on bonds of the Company,
inortgaginff the railway and lands, if the .Company elect
to isHue such, in tiie place of issuing land grant bonds...

Shall only pay interest to such extent as the equivalent of
the corresi)onding cash payment due, is determined to
be, by actuarial calculation

Shall guarantee coupons representiBg interest on such bonds
to the extent of the equivalent determined as above...

ShiiU retain exclusive control over proceeds of mortgage
bonds sold in excess of $25,000,000

Shall pay over to Company, from time to time, certain pro
portionate amounts of dividends as above

Shall be empowered, if only a portion of the mortgage bonds be
sold, to make payments partly in cash and partly In bonds.

Shall receive and hold such deposits of money, as is abc -e
referred to, for the creation of a sinking fund to redeem
the bonds

Shall grant land ."or railway purposes in so far as they are
rested in them

Shdl admit certain materials required by Company, free of
duty .'

Shall convey at cost price, all rails bought since 1879, and
other materials at a valuation, not required for construc-
tion of Lake Superior and other sections

Shall grant land subsidy to Comiiariy, in alternat'? sections
on each side of the line, &c., &c

Shall make up deficiency for lands not fairly (it for settle-
ment -

Shall extinguish Indian titles to lands, &c . ..

Shall grant lands for branches, <fec

Sh. ill, for 20 years, restrict construction of any line (except
such running south-west or the westward of south-
west of the Canadian Pacific Railway, or within 15
miles of latitude '^9

Shall exempt Canauian Pacific Railway property from taxa-
tion by the Dominion, &c

Shall exempt lands, till occupied or sold, for 20 years

Shall authorize issue of Land Grant Bonds to the extent of
S25,000,tJO

Shall, if Land Grant Bonds be issued, retain one-fifth as
security for performance of contract, maintenance and
continuous working of the railway

Shall not demand payment of coupons or interest on Land
Grant Bonds retained as security, so long as default is
not made

Shall hold proceeds of any Land Grant Bonds, deposited as
security that may be paid off, and pay interest thereon
so long as di'fault is not made

Shall at end of 10 years after completion of railway, if no
default has occurred, deliver back the Land Grant
Bonds retained as security, with all coupons attached,
and the money received for any paid off

Shall, in case of default, be relieved from obligation to pay
interest, and may retain the bonds or other securities
deposited for them

Shall hold proceeds received from Land Grant Bonds sold in
excess of the quantity of land earned

Shall pay interest on deposits

Shall pay over, from time to time, certain proportions of
such deposits

Shall in conveyance of any land grants to Company, hare
regard to the charge created as security by the Land
Grant Bonds until the same be relieved

Shall be repaid by Company, expenses incurred in giving
effect to aectioDB 17 and 18

Page of
Reference.

44 Vic,
0. 1.

Lett.^ra
Patent,

9
9

35
36
36

10
10

36
37

11
11

38
38

INDEX- Continued.

Contract.

B. 20

Contract.

8.' ;<

Ooutract.

a. 12

Cont. 1

8. 21,

Sch. A. f

•*>••

s. 1 J

Contract.

s 6

. 6

Contract.

8. 10

s. 10

B. 14

■'. 20

Bch. A.

8. 10

8. 2B

Ctmtract.

». 1:!

Contract.

8. U

Contract.
8 1

8 6

s 7

8. 8

Act a 4 1

and !

Cont. I

8 10 I

8. 10

GOVRRNMKNT RlGHTH AND OblIGATIONB— Co«cZ»/r/ef/.

Shall, if Cotnpiiny do not is8ue Land Grant Bonds, retain
every fifth ecction of land earned and to be granted to
the Company

May sell puch srctions under conditions

May accept other securities for such land, tic

Grants op Sobsidy— See Subsidy— Land.

Grant op Land —

For right of way, stations, station buildings and other

purposes — See Land.
For branches do
How to be made — See Land Subsidy.

GuAGB OP Railway •

Indian Titles to Lands to bb bxtinguibhbd

Incorporation op Company

Interpretation op Contract— <See Contract.

Kamloops —

Western terminus'oflCentral section

Eastern " Western "

Land —

For Right of Way, Stations, to be granted

" Railway purposes

" Branch lines -

Retained as security how dealt with.. •

Greatf^r extent for stations provided for

Held as security to be exempted from mortgage ..,

Indian title to.be extinguished! -

Land Subsidy —

What sections to be granted

As to sections not tairly fit for aettlement

Provisions to meet defici "-y - ••■

Location —

Lake Superior Section —

Prince Arthur's Landing to Selkirk

To be constructed by Government -

To be completed by date fixed in existing contracts..

To be completed ag per specification of contracts made,

except as far as same were modified prior to contract

with Company

To be transferred to Company with the right to run as the

same shall be completed

To be conveyed to Company when Eastern and Central

sections have been completed

Government to provide suitable number of station buildings

with water service •

Equipment to bo provided ^v Company when the respective

portions are handed by the Company

MATtUIALB —

-.jquired for original construction as specified to be I

admitted duty free ••" J

Not required by GoTernment to be sold to Company

12
12
12

4-17

12
13

6
6
6
6
6

2
9
9

38
38
38

38
40

35
35
36

35
36
36

xvi

T'NDBX — Continued.

Section and Rub-
Section.

44 Vic. Letters
0. 1. Pttttnt.

Sch. A.

8. 19
Scii. A.

8. 10

P. 19

3. 10

8. 11
8. 12

s. 11
s. 12

Sell. A.

B. 10
8. 11

S. 40

s. 9

Sch. A.
8. 38

Sch. A.
s. 9

s. 24

8. 9

Sch. A.

B. 18

s. 18A
8. ISb
S. 18c

Sch. A.
s. 18c

8. 18d

s. 18e

Sch. A.
s. 39

a. 10
8. 11
8. 40

B. 38

18/*
18/;
18c

«••••• •••

MATBmAi.8 — Concluded.

For construction may be talien from public lands.

Uektings —

Annual general of shareholders..

■Special do do

do do do and
annual meeting

Directors before first

Maps— See Plans.

XoTICES—

For annual meetings of shareholders »...

For special general -

Required by Railway Act of 1879 to bo given in Canada

Oazette

Service of process on the Company

Page of
Reference.

44 Vic,
c 1.

No TBS —

Payable to bearer, or promissory notes,
not to be issued by the Company ...

or notes of a bank,

Office or Company —

Chief place, Montreal ••■•

Other places may be appointed by by-law.

Ontario Pacific Junction Railway Company—

When connected with Canadinu I'acific Railway, to be
granted all reasonable facilitiea for transacting thoir
business

Obligations and 1 ights Undbe the Contract —
Of Government. See Government.
Of Company. See Company.

Process — Sehviob of Notice—

Company ?hall appoint, at least, one place in each Province

where Notice may be served — ;••

If no place be named, Process may be served at any station

of the Railway within their Province ^

Plans—

Deposit of, in Office of Minister of Railways

Corrections in i)lacs deposited ■- ••

Deviatiouf. from, over lands uugranted, or not within a'l^
surveyed township, allowed to the extent of uve miles
without formal correction •.• ■•

Further deviation may be authorized by Governor in
Conncil

Deposit of, under s. 18, to avail as if it had been mode as
required by Railway Act, 1879

Copies certified by Minister or Deputy, to be received ns
evidence in Courts of Law in Canada

Of any part of the completed railway, lying in any county or
district, not having a Registry ofiBce, to bo filed in Office
of Minister of Railways

PnOGRBSB —

Reports on, with (.'elails and plans to be furnished as
required by Governor in Oeuncil

Rbpobtb and Rbtorns—

See amended Railway Act, 1881.

16
16

■^1

16
16

18
18

28
132

Letters
Patent.

43
43

66
43

42
42

43
43

45
45

19 i 46

65
140

T N" D E X — Continued.

xvii

Section anrl Sub-
■)ei.-tion.

44 Vic,
c. 1.

Sch. A.

s. 2 1

Soh. A.

s. 24

Sch. A.

. s. 27
Act.

8. 3
ContMCt.

8. 9a

9. 9a
a. 96

S. Qe
Act.

3. 6

Contract,
s. i

s. 17

8. 20

8. 3

Sch. A.
8. 2

s. 3

B. 21

s. 22

NHllcra
P/itont.

24
20

Subject.

3
21

RaTK8 —

Reserviilion, fur purchasers of Itmii ivad emigraats affret-
raunts made bftween any two companips in opposition
to the provisions of this section, to be null and void ...

Reduction, under c^-tain conditions may be made by Parlia-
ment and Governor in Council

RcNNiNO Powers, &o —

Reasonable ftieilities to be affjrded other companies

Supplementary agreement

Extract from minutes of first meeting of Directora of Cana-
dian Pacific Railway Company

Rails. See Material!.

Reoibtration op Shares, to be regulated by by-law.

Pajfd of
Reference.

44 Vic.
c. 1.

21,22
19

Subsidy—

May be granted in money and land

Money may be converted into a fund for the payment jfj

interest on the Company's bonds

" amount fixed

" apportionment to Eastern and Central sections

" when to be paid and granted.

" Company to have the option of receiviiig terminable

bonds in lieu of cash

" Ueuuction from, of $2,000 per mile on first 880 miles
of iJential section, &c

Sbcurity —

For continuous operaiioii of railway for ten years

For construction of ruihvay -

Interest on, to bn paid by Government

Return of, on com')leti()ii

Land Grant Gonds (lo'tion) may be held as security f'i)r

miiintenance of railway, &c ,

Bonds held as, not to carry interest, Ac

" to be returned with all coupons

" when liable to carry interest

Every fifth sec'ion of land earned may be retained under

certain conditions

Certificate of deposit of $l,O0O,0uO

Standard of Oonsprdction
See also amended ditto .

Shares —

Capital to be di^iJed 'ato shares of $100 each

Transferable under conditions provided by by-law ..

May be issued as paid up, or for value bont) ji,l? received

Price and coavlitions as Board may fix, or a.s part considera-
tion of any eoutract „

First subscription, amount

Instilments, rate aud when to be paid

Transfer of, restricted

Shall not be used as security for any advance from th^^ funds
of the Company

Shall not be transferred before the completion of ther.iilway
and woi'ka to any person not already a sharehol i.-r, au i
if so transferred shall be subject to veto of Directors

May be transferred by a firm to a member of the firm u;on
completion of the railway

Record of those vetoed or transferred by the Directors to be
kept in the books of the Company

Vetoed by the Directnrs not to confer any rights, &c , as re-
spects the Company until the completion of the railway, &c

2-6

2-6
6

11
11

11
U

14
14

J I
14
14
20

22
22
22
22

Letters
Patent.

48
46, 4T

48
S9

59,60

32
31

33
35

30
30
30

37
37
37
37

38
57

41
41
41

47
47

47
47
47
47

XVIII

INDEX ■ ~ Continue I.

Section and Hub-
Section.

44 Vic,
c. 1.

8fh. A.

12
12
12

13
14
14

Sch A.

Contract.
6. 1.

Contract.
8. 16

8. 13

£ch. A.

8. 16

8. 27
8. 26

S. 26

Loitprs
Patent.

11
12
12
12

14
14

37
37

8. 20

3. 3

6. 21

8. 22

Subject.

SHAnF.noLDKRS—

First and other annual meetings, wliero lobe held and notici
to be given

Spccinl general meetinps, notice and plact^

Provision for meetings before the aniuitil meetinj?

Notice, how to be given

Meetings always valid if all shareholders or iheir proxies b-
present

Proxy of, to be asharehnlder ,

From whom any call is due not to Tote

Calls not to exceed 20 per cent

Stock—

Guaranteed or preferred, may be issued to the extent of

!};ii),000 per mile under conditions

Privileges of bondholders not to be iiflVcted by g laranteed
stock

SiNKiNO Fund. See Bonds, Mortgage, redemption of.

Surveys. /S'^-a Plans.

HKLKIKK —

Eastern terminus cf Central Section

Wistrrn " Liil^e Siijiciior toection.

STKKii Kails. St:c Mulerinl.
Advance on. See Advance.

Page of
Ht'fcrence.

41 Vic.

Letters

C 1.

Patent.

127

Stations, Station Yards. «'>ee [jand.

Taxation —

Canadian Pacific Railway lands, plant and capital, not

be taxed by Dominion, &c

Laud in North- West Territories, until sold or occupied to be

free for twenty years from (late of grant

Tkkminal points to be preserved in laying out and locating ihe

railway ,

See Amended condition?; 45 Vic. cap, 53

Terminable Bonds, in lieu of ea.-.h. See Subsidy Money.

TKLKailAPH AND TELEPHONE IjINKS—

Company may construct, a. quire or lease

'' " transmit nu'Bsages and collect tolls

" " transmit measagea for hire, subject to Consoli-

dated Statutes of Canada, c. 67, ss. 14,

15 and 16

" " use future inventions, subject to the rights of

Patentees

Toils, reduction of, limited

Transfer op Contract to Company. — See Contract.
Transfer op Shares, restricted

subject to veto of Directors u itil comple-
tion of railway

may be allowed from a firm to a partner....

if vetoed, no rights shall belong to such
shares until railway be comleted

to be regulated by By-law

Vessels, Ftenm and other, right to work, run, charter, &c , on
jiy navigable water the railway reaches or connects
with

Wmarvkb, Slips, Piers— Power to erect and maintain

10
10
10

17
17

S6
141

45
45

17
19

46
46

20
20

47
47

20
22

48
49

INDEX — Concluded.

six

Section and Sub-
Section.

44 Vic,
c. 1.

8oh. A.

8. 33
Contract.

B. 1
B. 6

B. 6

Letters
Patent

Subject.

WoRKiNO ExpENBKS, defined.

Wkstbrn Section, Kamloops to Port Moody

" " 10 be constructed by Government

" " Kamloops to Yale to be completed bj 13th

Juno, 1885

" " Yale to Port Moody to be completed by Ist

May, 1891

" " Yale to Port Moody standard of construction.
Watbb Serticb to be provided by Government..

Yalb — Point on western section, British Columbia

P8|;e of

Reference.

44 Vic,
c 1

Letters
Patent.

ifl

44 VICTORIA.

CHAP. I.

An Act respecting the Canadian Pacific Railway.

[A. -ented to 15lh February, 1881.]

WHEREAS by the terms and conditions of the admission preamble,
of British Columbia into Union with the Dominion
of Canada, the Government of the Dominion has assumed
the obligation of causing a Railway to be constructed,
connecting the seaboard of British Columbia with the
Ra Iwciy system of Canada ;

Ai\d whereas the Parliament of Canada has repeatedly Preference of
declared a preference for the construction and operation of f "'**"!°^ j.
such Railway by means of an incorporated Company aided jqq by a com-
by grants of money and land, rather than by the Govern- pa^y-
ment, and certain Statutes have been passed to enable that
course to be followed, but the enactments therein contained .
have not been effectual for that purpose ;

And whereas certain sections of the said Railway have Greater part
been constructed by the Government, and others are in gfj.ug'Jgd.*"*"
course of construction, but the greater portion of the main
line thereof has not yet been commenced or placed under
contract, and it is necessary for the development of the
]North-Wcst Territory and for the preservation of the good
faith of the Government in the performance of its obliga-
tions, that immediate steps should be taken to complete and
operate the whole of the said Railway ;

And whereas, in conformity with the expressed desire of contract en-
Parliament, a contract has been entered into for the con- ^"^^ '"**'•
struction of the said portion of the main line of said
Railway, and for the permanent working of the whole line
thereof, which contract with the schedule annexed has been ., ,, . .^ .^^
laid befor*^ Parliament for its approval and a copy thereof is , ^ ; j' ;
appended hereto, and it is expedient to approve and ratify -^t^i'-'^:^lT.\
the tmid contract, and to make provision for the carrying
out of the same ; t, ,>;;;': i ,/■-■ nr^'f

Therefore Her Majesty, by and with the advice and consent
of the Senate p^ '' House of Commons of Canada, enacts as
follows : —

Contract ap-
lirovcil.

1. The said contract, a copy of which wdth schedule
annexed, is appended hereto, is hereby approved and ratilied,
and the Government is hereby authcrii^cd to perform and
cany out the conditions thereof, according- to their pur-
port.

C'hai tcr niiiy
bo granted.

Publication
ami rffcct of
charter.

J5. For the purpose of incorporating the persons mentioned
in the said contract, and those who shall be associated with
them in the undertaking-, and of granting- to them the
powers necessary to enable them to carry out the said con-
tract according- to the terms thereof, the (jovernor may grant
to them in conformity with the said contract, under the
corporate name of the Canadian Paciiic Railway Company,
a charter conferring upon them the franchises, privileges
and powers embodied in the schedule to the said contract
and to this Act api>eiided, and svtch charter, being published
in the Canada Gazelle, with any Order or Orders in Council
relating to it, shall have force and clfectas if it were an Act
of the Parliament of Canada, and shall be held to be an
Act of incorporation within the jneaning of the said contract.

Certain
grants of
money and
land niHy be
made to the
company
cliartertd.

Conversiou
of inocf-y
prant author-
laed.

S. Upon the organization of the said Company, and the
deposit ])y them, with the Government, of one million dollars
in cash or securities approved by the Government, for the
purpose in the said contract provided, and in consideration
of the completion and perpetual and efficient operation
of the Bail way by the said Company, as stipulated in the
said contract, the Government may grant to the Company
a subsidy of tv/enty-hve million dollars in money, and
twenty-iive million acres of land, to be paid and conveyed
to the Company in the manner and proportions, and upon
the terms and conditions agreed upon in the said contract,
and may also grant to the Company the land for right of
way, stations, and oilier purposes, and such other privileges
as are provided for in the said contract. And in lieu of the
payment of the said money subsidy direct to the Company,
the Government may convert the same, and any interest
accruing thereon, into a fund for the payment to the extent
of such fund, of interest on the bonds of the Company, and
may pay such interest accordingly ; the whole in manner
and form as provided for in the said contract.

Gertaia ma
terials may
be admitted
free of duly.

4. The Government may also permit the admission free
of duty, of all steel rails, fish plates, and other fastenings,
spikes, bolts and nuts, wire, timber, and all material for
bridges to be used in the original construction of the said
Canadian Pacific Railway, as defined by the Act thirty-

Company to
have possps-
sion of com-
pleted por-
tions.

Oonveyance
thereof to
company
when the
contract is
performed.

seventh Victoria, chapter fourteen, and of a telegraph line in
connection therewith, and all telegraphic apparatus required
for the first equipment of such telegraph line, the whole as
provided by the tenth section of the said contract,

5. Pending the completion of the eastern and central
sections of the said Hallway as described in the said contract,
the Government may also transfer to the said Company the
possession and right to work and run the several portions of
vhe Canadian Pacific Railway as described in the said Act
thirty-seventh Victoria, chapter fourteen, which are already
constructed and as thp same shall be hereafter completed ;
and upon the completion of the said Eastern and Central
sections the Government i^ay convey to the Company, with
a suitable number of station buildings, and with water ser-
vice (but without equipment), those portions of the Canadian
Pacific Railway constructed, or agreed by the said contract
to be constructed hv the Government, which shall then be
completed ; and upon completion of ^he remainder of the
portion of the said Railway to be constructed by the Govern-
ment, that portion also may be conveyed by the Goverment
to the Company, and the Canadian Pacific Railway defined
as aforesaid shall becoravi and be thereafter the absolute
property of the Company ; the whole, however, upon the
terms and conditions and subject to the restrictions and lim-
itations contained in the said contract.

6. The Government shall also take security for the con- Security may
tinuous operation of the said Railway during the ten years oper*a\ion^°'
next subsequent to the completion thereof in the manner
provided by the said contract.

SCHEDULE.

This Coin tract and Agreement made between Her Ma-
SESTY the Quen, acting in respect of the Dominion of .
Canada, and herein represenied and acting by the Hon-
orable Sir Charles Tupper, K.C.M.G., Minister of
Railways and Canals, and George Stephen and Duncan
Mclntyre, of Montreal, in Canada, John S. Kennedy of
New York, in the State of New York, Richard B. Angus
and James J. Hill, of St. Paul, in the State of Minne-
sota, Morton, Rose & Co., of London, England, and Kohn
Reinach & Co., of Paris, France. ;

"Witnesses :

That the parties hereto have contracted and agreed with
each other as follows, namely : —

1. For the better interpretation of this contract, it is hereby Interpreu-
declared that the portion of Railway hereinafter called the ^""'•
Eastern section, shall comprise that part of the Canadian
Pacific Railway to be constructed, extending from the

1-1*

"Western terminus of the Canada Central Kailway, near the
East end of Lake Nipissinii', known as Callander Station, to
a point of junction with that portion of the said Canadian
Pacific Railway now in course of construction extending
from Lake Superior to Selkirk on the East side of Red River ;
which latter portion is hereinafter called the Lake Superior
section. That the portion of said Railway, now partially in
course of construction, extending from Selkirk to Kamloops,
is hereinafter called the Central section; and the portion of
said Railway now in course of construction, extending from
Kamloops to Port Moody, is hereinafter called the Western
section. And that the words " the Canadian Pacific Rail-
way," are intended to mean the entire Railway, as described
in the Act 37th Victoria, cap. 14. The individual parties
hereto, are hereinafter described as the Company ; and the
Government of Canada is hereinafter called the Grovern-
ment.

Security to
be given by
the compaDy.

Eastern and
central sec-
tions to be
constrncted
by company
desciibed.

Standard of
railway and
proridion in
case of dis-
affreemcat as
to conformity
to it.

.Vii:

2.- The contractors immediately after the organization of
the said Company, shall deposit with the Government
$1,000,000 in cash or approved securities, as a security for
the construction of the Railway hereby contracted for. The
Government shall pay to the Company intel'est on the cash
deposited at the rate of four per cent, per annum, half-yearly,
and shall pay over to the Company the interest received upon
securities deposited, the whole until default in the perform-
ance of the conditio^^" hereof, or until the repayment of the
deposit, and shall r' ^ the deposit to the Company on the
completion of the xx. iway, according to the terms hereof,
with any interest accrued thereon.

3. The Company shall lay out, construct and equip the
said Eastern section, and the said Central section, of a uniform
gauge of 4 feet 8^ inches ; and in order to establish an
approximate standard whereby the quality and the character
of the Railway and of the materials used in the construc-
tion thereof, and of the equipment thereof may be regulated,
the Union Pacific Railway of the United States as the same
was when first constructed, is hereby selected and fixed as
such standard. And if the Government and the Company
should be unable to agree as to whether or not any work done
or materials furnished under this contract are in fair con-
formity Math such standard, or as to any other question of
fact, excluding questions of law, the subject of disagreement
shall be from time to time referred to the determination of
three referees, one of whom shall be chosen by the Govern-
ment, one by the Company, and one by the two referees so
chosen, and such referees shall decide as to the party by
whom the expense of such reference shall be defrayed. And
if such two referees should be unable to agree upon a third
referee, he shall be appointed at the instance of either party
thereto, after notice to the other, by the Chief Justice of the

Supreme Court of Canada. And the decision of such referees,
or of the majority of them, shall be final.

4. The work of construction shall be commenced at the commence-
eastern extremity ol the Eastern section not later than the ™«n^iod re-
tirst day of July next, and the work upon the Central section gre.^ao^the
shall be commenced by the Company at such point towards work,
the eastern end thereof on the portion of the line now under
construction as shall be found convenient and as shall be
approved by the Government, at a date not later than the
1st May next. And the work upon the Eastern and Central
sections, shall be vigorously and continuously carried on at
such rate of annual progress on each section as shall enable
the Company to complete and equip <he same and each of
them, in running order, on or before the 1st day of May, 1891, Period for
by which date the Company ht.eby agree to complete and "^o^P'et'on*
equip the said sections in conformity with this contract,
unless prevented by the Act of Q-od, the Queen's enemies,
intestine disturbances, epidemics, floods, or other causes
beyond the control of the Company. And in case of the
interruption or obstruction of the work of construction from
any of the said causes, the time fixed for the completion
of the Railway shall be extended for a corresponding period.

- 5. The Company shall pay to the Grovernment the cost, As to portiou
according to the contract, of the portion of railway, 100 Government,
miles in length, extending from the city of Winnipeg west-
ward, up to the time at which the work was taken out of
the hands of the contractor and the expenses since incurred
by the Grovernment in the work of construction, but shall
have the right to assume the said work at any time and
complete the same, paying the cost of construction as afore-
said so far as the same shall then have been incurred by the
Grovernment.

O. Unless prevented by the act of GJ-od, the Queen's Government
enemies, intestine disturbances, epidemics, floods or other por't'ions'^now
causes beyond the control of the Grovernment, the G overn- under con-
ment shall cause to be completed the said Lake Superior ^p^f^j'^fixe'ij
section, by the dates fixed by the existing contracts for the by contract,
construction thereof, and shall also cause to be completed
the portion of the said Western section now under contract,
namely, from Kamloops to Yale, within the period fixed by
the contracts therefor, namely, by the thirteenth day of .JunCv
1885 ; and shall also cause to be completed, on or before the
first day of May, 1891, the remaining portion of the said
Western section, lying between Yale and Port Moody, which
shall be constructed of equally good quality in every respect
with the standard hereby created for the portion hereby
contracted for. And the said Lake Superior section, and the
portions of the said Western section now under contract,
shall be completed as nearly as practicable according to the

Oompleted
railway to be
property of
company.

Transfer of
portiona con-
structed by
Government.

Company to
operate the
railway for

ever.

Company to
equip por-
tions trang-
ferred to
them.

Subsidy in
money and
land.

Apportion-
ment of
money.

specifications and conditions of the contracts therefor, except
in so far as the same have heen modified by the Government
prior to this contract,

7. The Railway constructed under the terms hereof shall
be the property of the Company : and pending the comple-
tion of the Eastern and Central sections, the Government
shall transfer to the Company the possession and right to
work and run the several portions ot the Canadian Pacific
Railway already consi meted or as the same shall be com-
pleted. " And upon the completion of the Eastern and Central
sections, the Government shall convey to the Company, with
a suitable number of station buildings and with water ser-
vice (but without equipment), those portions of the Cana-
dian Pacific Railway constructed or to be constructed by the
Government which shall then be completed ; and upon com-
pletion of the remainder of the portion of the railway to
be constructed by the Government, that portion shall also be
conveyed to the Company, and the Canadian Pacific Rail-
way shall become and be thereafter the absolute property of
the Company. And the Company shall thereafter and for-
ever efficiently maintain, work and run the Canadian Pacific
Railway.

S. Upon the reception from the Government of the pos-
session of each of the respective portions of the Canadian
Pacific Railway, the Company shall equip the same in con-
formity with the standard herein established for the equip-
ment of the sections h^/eby contracted for, and shall there-
after maintain and elficiently operate the same.

9. In consideration of the premises, the Government agree
to grant to the Company a subsidy in money of $25,000,000,
and in land of 25,000,000 acres, for which subsidies the con-
struction of the Canadian Pacific Railway shall be completed
and the same shall be equipped, maintained and operated, the
said subsidies respectively to be paid and granted as the
work of constructioii shall proceed, in manner and Vipon the
conditions following, that is to say':

a. The said subsidy in money is hereby divided and
appropriated as follows, namely : —

. '■' '.■/

C3NTR.\Ii SECTION. ■ ■ ... ,

Assumed at 1,350 miles— ■ - ^ - ' -^

1st.— 900 miles, at $10,000 per mile $9,000,000 ;. • -, ;i

2.id.— 450 " " 13,333 " " (i,0';0,000 . ,

'•'■ f 1.5,000,000 -{:

■ uy-'^i\ •■' EASTERN SECTION. '■■ ' ■■■■' ■ •'- ■'•;■•.

tl ' ■ '

"-"* ' Afsumed at 650 miles, subsidy equal to $15,384.61 ]>er ""'•''

mile 10,000,000

. ■ $25,000,000

And the said subsidy in land is hereby divided and appro- And of land.
priated as follows, subj ct to the reserve hereinafter pro-
vided for.

CKXTRAL SECTIOX.

1st — 900 mile?, at 13,500 acrea per mile. ll,250,Oi
2ud.--l50 " " lt;,G6t5.6o •' " 7,500,000

EASl'ER.VSECTIOV.

assume.l at G50 miles, bubsidy equal to 9,G15,35 acres
per mile

18,750,000

6,250,000
25,000,000

b. Upon the construction of any portion of the railway ^^^^ ,^ ,
hereby contracted ibr, not less than 20 miles in length, and paid or
the completion thereof so as to admit of the running of k*"*"'^^*
regular trains thereon, together with such equipment thereof
as shall be required for the traffic thereon, the Government
shall pay and grant to the Company the money and land
subsidies applicable thereto, according to the division and
appropriation thereof made as hereinbefore provided; the Opiion of
Company having the option of receiving in lieu of cash, conpanyto
terminable bonds of the Government, bearing such rate of able bonds!'
interest for such period and nominal amount as may be
arranged, and which may ])e equivalent according to actuarial ■

calculation to the corresponding cash payment, the Govern-
ment allowing four per cent, interest on moneys deposited
with them.

c. If at any time the Company shall cause to be delivered Provision as
on or near the line of the said Railway, at a i)lace satisfactory *» materials
to the Government, steel rails and fastenings to be used in ion delivered
the construction of the Kailway, but in advance of the »" advance.
requirements for such construction, tlie Government, on the
requisition of the Company, shall, upon such terms ar.d con-
ditions as shall be determined by the Government, advance
thereon throe-fourths of the value thereof at the place of
delivery. And a proportion of the amount so advanced shall . .,

be deducted according to such terms and conditions from
the subsidy to be thereafter paid, upon the settlement lor ' • '

each section of 20 miles of I^aihvay, which proportion shall . , . '
correspond with the proportion of such rails and fastenings
which have been used in the construction of such sections.

d. Until the first day of January, 1882, the Company shall
have the option, inst.^ad of issuing land grant bonds as here-
inafter provided, of substituting the payment by the Govern-
ment of the interest (or part of the interest) on bonds of
the Company mortgaging the railway and the lands to be
granted by the Government, running over such term of
years as may be approved by the Governor in Council, in

Optioa of the
company dur-
ing a certain
lime to sub-
stitute pny-
meat ut in-
terest on cer-
tain bonds in-
stead of issu-
ing land
grant bonds.

s...;i}S4

.f..

Deposit ot
proceeds of
sale of such
bonds.

Payments by
company out
of such de-
posits.

Payment by
delivery of
bonds.

Sinking fund

lieu of the cash subsidy hereby agreed to be granted to the
Company or any part thereof; such payments of interest to
be equivalent according to actuarial calculation to the cor-
responding cash payment, the Government allowing four
per cent, interest on moneys deposited with them ; and the
coupons representins:;" the interest on such bonds shall be
guaranteed by the Government to the extent of such equiva-
lent. And the proceeds of the sale of such bonds to the
extent of not more than $25,000,000, shall be deposited with
the vj»-vernmeiit, and the balance of such proceeds shall be
placed ilsewhere by the Company, to the satisfaction nnd
under the exclusive control of the Government ; failing which
last condition the bonds in excess of those sold shall remain
in the hands of the Government. And from time to time,
as the work proceeds, the Government shall pay over to the
Company : lirstly, out of the amount so to be placed by the
Company, — and, after the expenditure of that amount, out of
the amount deposited with the Government, — sums of
money bearing the same proportion to the mileage cash
subsidy hereby agreed upon, which the net proceeds of such
sale (if the whole of such bonds are sold upon the issue
thereof) or, if such bonds be not all then sold, the net pro-
ceeds of the issue, calculated at the rate at which the sale of
I)art of them shall have been made, shall bear to the sum of
$25,000,000. But if only a portion of the bond issue be
sold, the amount earned by the Company according to the
proportion aforesaid, shall be paid to the Company, partly
out of the bonds in the hands of the Government, and partly
out of the cash deposited with the Government, in similar
proportions to the amount of such bonds sold and remaining
unsold respectively ; and the Company shall receive the
bonds so paid as cash at the rate at which the said partial
sale thereof shall have been made. And the Government
will receive and hold such sum of money towards the
creation of a sinking fund for the redemption of such
bonds, and upon such terms and conditions, as shall be
agreed upon between the Government and the Company,

Alteration in
apportion-
ment of
money grant
in such case

e. If the Company avail themselves of the option granted
by clause d, the sum of $2,000 per mile for the first eight
hundred miles of the Central section shall be deducted pro
rata from the amount payable to the Company in respect of
the said eight hundred miles, and shall be appropriated to
increase the mileage cash subsidy appropriated to the re-
mainder of the said Central section.

Grant of lO. In further consideration of the premises, the Govern-

for mUway "^"^ ment shall also grant to the Company the lands required for

purpose.

- '1 ■'■

N*).v'-i

the road-bed of the Railway, and for its stations, station
grounds, workshops, dock ground and water frontage at the
termini on navigable waters, buildings, yards and other
appurtenances required for the convenient and effectual

construction and working of the railway, in so far as such Admission of
land shall be vested in the Government. And the Govern- tedai^fferof
ment shall also permit the admission fr6e of duty, of all duty,
steel rails, fish plates and other fastenings, spikes, bolts
and nuts, wire, timber and all material for bridges, to be
used in the original construction of the railway, and of a
telegraph line in connection therewith, and all telegraphic
apparatu.! required for the iirst (Equipment ot such telegraph
line ; and will convey to the Company at cost price, with in- Sale of cer-
terest, all rails and fastenings bought in or since the year 1879, to'company'^
and other materials for construction in the possession of or by Govem-
purchased by the Government, at a valuation ; such rails, ™*°*"
fastenings and materials not being required by it for the
construction of the said Lake Superior and "Western sec-
tions.

Provision
respecting
land ftrant.
Case of defi-
ciency of land
on line of
railway pro-
vided for.

11. The grant of land hereby agreed to be made to the
Company, shall be so made in alternate sections of 640 acres
each, extending back 24 miles deep, on each side of the rail-
way, from Winnipeg to Jasper House, in so far as such lands
shall be vested in the Government, the Company receiving
the sections bearing uneven numbers. But should any of
such sections consist in a material degree of land not fairly
fit for settlement, the Company shall not be obliged to
receive them as part of such grant, and the deficiency
thereby caused, and any further deficiency which may arise
from the insufficient quantity of land along the said portion
of railway, to complete the said 25,000,000 acres, or from the
prevalence of lakes and water stretches in the sections granted
(which lakes and water stretches shall not be computed in
the acreage of such sections), shall be made up from other
portions in the tract known as the fertile belt, that is to say,
the land lying between parallels 49 and 57 degrees of north
latitude, or elsewhere at the option of the Company, by the
grant therein of similar alternate sections extending back 24
miles deep on each side of any branch line or lines of rail-
way to be located by the Company, and to be shown on a
map or plan thereof deposited with the Minister of Railways ;
or of any common front line or lines agreed upon between
the Government and the Company, the conditions hereinbe-
fore stated as to lands not fairly fit for settlement to be
applicable to such additional grants. And the Company
may, with the consent of the Government, select in the
North-West Territories any tract or tracts of land not taken
up as a means of supplying or partially supplying such
deficiency. But such grants shall be made only from lands
remaining vested in the Government. , ,, , ;

12. The Government shall extinguish the Indian title As to Indian
affecting the lands herein appropriated, and to be hereafter *'^'®*
granted in aid of the railway.

Selection in
such case
with consent
of Govern-
ment.

Location of
railway b',--
wpen ler-
niinn,! ])oii ts

13. The Company shall have the right, subject to the
approval of the (rovornor in Council, to lay out and locate
the lino oi' the railway hereby contracted for, as they may
see fit, preserving the followini^ terminal points, namely:
From Callander station to the point of junction with the
Lake Superior section ; and from Selkirk to the junction
with the western section at Kamloops by way of the Yellow
Head Pass.

Power to ccn.
Btnict bran-
ches.

Lumla nec!>!'
parv Jur Iht)
Sum ■.

14. The Company shall have the right, from time to time,
to lay out, construct, equip, maintain and work branch lines
of railway from any point or points along their main line of
railway, to any point or points within the territory of the
Dominion. Provided always, that before commencing any
branch they shall first deposit a map and plan of such
branch in the Department of Tvailways. And the Govern-
ment shall grant to the Company the lands required for the
road-bed of such branches, and for the station, station-grounds,
buildings, workshops, yards and othev appurtenances requi-
site for the efficient construction and working of such
branches, in so far as such lands are vested in the Govern-
ment.

Restrictions 15. For 20 years from the date hereof, no line of railway
*et'inK°ine8 shall be authorized by tne Dominion Parliament to be con-
for a liraitid structed south of the Canadian Pacific Railway, from any
period point at or near the Canadian Pacific Railway except such

line as shall run South- West, or to the Westward of South-
West ; nor to within fifteen miles of latitude 49. And in
the establishment of any new Province in the North- West
Territories, provision shall be made for continuing such pro-
hibition after such establishment until the expiration ot the
said period.

Exemption 16. The Canadian Pacific Railway, and all stations and

in'v. w^*ter° ^^^tion grouiids, workshops, buildings, yards and other

ritoriea. property, rolling stock and appurtenances required and used

for the construction and working thereof, and the capital

stock of the Company, shall be forever free from taxation by

the Dominion, or by any Province hereafter to be established,

or by any Municipal Corporation therein ; and the lands of

■ '• the Company, in the North- West Territories, until they are

either sold or occupied, shall also be free from such taxation

for 20 years after the grant thereof from the Crown.

17. The Company shall be authorized by their Act of
incoi-poration to issue bonds, secured upon land granted and
to be granted to the Company, containing provisions for the
use of such bonds in the acquisition ol' lands, and such other

Land-grant
bonds.

Their nature
pnd condi-

^fit\-- !»ii :i(;- iji\^

if-"-,

'ii:.:ci 'i>.: V-

• '■iM ■■:■ ^|il ■'.• i:!ti.« Uk

conditions as the Company shall see fit, such issue to be for
126,000,000. And should the Company make such issue
of land grant bonds, then they shall deposit them in the
hands of the Government ; and the Government shall retain
and hold one-fifth of such bonds as security for tlie due per-
formance of the present contract in respect of the main-
tenance and continuous workins^- of the railway by iho Com-
pany, as hert'in agreed, for ten years after the completion
thereof, and the remaining |20,000,000 of such bonds shall
be dealt with as hereinafter provided And as to the said
one-fifth of the said bonds, so long as no default shall occur in
the maintenance and working of the said Canadian Pacific
Railway, the Government shall not present or demand pay.
ment of the coupons of such bonds, nor require payment of
any interest thereon. And if any of such bonds so to be
retained by the Government shall be paid off in the manner
to be provided for the extinction of the whole issue thereof,
the Government shall hold the amount received in pay-
ment thereof as security for the same purposes as the bonds
so paid off, paying interest thereon at four per cent, per
annum so iv^ng as default is not made by the Company
in the performance of the conditions hereof. And at the end
of the said per od of ten years from the completion of the
said Railway, if no default shall then have occurred in such
maintenance anJ working thereof, the said bonds, or if any
of them shall then have been paid off, the remainder of said
bonds and the money received for those paid off, with accrued
interest, shall h^^ delivered back by the Government to the
Company with all ihe coupons attached to such bonds.
But, if such defaul . should occur, the Government may there-
after requii-e pajment of interest on the bonds so held,
and shall not b(^ obliged to continue to pay interest on the
money representing bonds paid oft ; and while the Govern-
ment shall retain the right to hold the said portion of the
said land grant bonds, other securities satisfactory to the
Government may be substituted for them by the Company
by agreement wiih the Government.

18. If the Company shall find it necessary or expedient
to sell the remaining |20, 000,000 of the land grant bonds
or a larger jwrtion thereof than in the proi)ortion of one
dollar for each acre of land then earned by the Company,
they shall be allowed to do so, but the proceeds thereof, over
and above the amount to which the Company shall be
entitled as herein provided, shall be deposited with the Gov-
ernment. And the Government shall pay interest upon
such deposit half-yearly, at the rate of four per cent, per
annum, and shall pay over the amount of such deposit to the
Company from time to time as the work proceeds, in the

tioD8 of issue
by the com-
pany.

Deposit with
Government ;
for what pur-
poses and on
wiint cotiili-
tions.

i,'i

If the com-
panv make
no default in
operating
railway.

In case of
such default.

Provision if
aiich bonds
Hre sold fiister
thiinlandsnre
earned by the
company and
depusii un
interest with
Government,
and payments
by Govern-
meot to com-
pany.

■ *:■. i-

Landa to be^
gramed eub-
ect to Bucb

onda.

same proportions, and at the same times and upon the same
conditions as the land grant — that is to say : the Company
shall bc! entitled to receive from the Government out of the
proceeds of the said land grant bonds, the same number of
dollars as the numl)er of acres ol' the land subsidy which
shall then have been earned by them, less one- fifth thereof,
that is to say, if the bonds are sold at par, but if they are
sold at less tnan par, then a deduction shall be made there-
from corresponding to tht> discount at which such bonds are
sold. And such land grant shall be conveyed to them by
the Government, subject to the charge created as security for
the said land grant bonds, and shall remain subject to such
charge till relieved thereof in such manner as shall be pro-
vided for at the time of the issue of such bonds.

Oompany to lO. The Company shall pay any expenses which shall be

payexp nses. incurred by the Government in carrying out the provisions

of the two last preceding clauses of this contract.

If land bonda
are n<it isuued
one-fifth of
land to be
retained as
eecurity.

How to be
disposed of.

Substitution
of other secu-
rities.

20, If the Company should not issue such land grant
bonds, then the Government shall retain from out of each
grant to be made from time to time, every fifth section of
the lands hereby agreed to be granted, such lamls to be so
retained as security for the purposes, and for the length of
time, mentioned in section eighteen hereof And such lands
may be sold in such manner and at such prices as shall be
agreed upon between the Government and the Company,
and in that case the price thereof shall be paid to, and held
by, the Government for the same period, and the same pur-
poses as the land itself, the Government paying four per
cent, per annum interest thereon. And other securities satis-
factory to the Government may be substituted for such lands
or money by agreement with the Government.

Oompany to
be incorpo-
rated as by
schedule A,

21. The Company to be incorporated, with sufficient
powers to enable them to carry out the foregoing contract,
and this contract shall only be 'jinding in the event of an
Act of incorporation being granted to the Company in the
form hereto appended as Schedule A.

Railway Act
to apply.

Exceptions.

22. The Railway Act of 18*79, in so far as the provisions
of the same are applicable to the undertaking referred to in
this contract, and in so far as they are not inconsistent here-
with or inconsistent with or contrary to the provisions of
the Act of incorporation to be granted to the Company, shall
apply to the Canadian Pacific Railway. ., , , . .. ,, .

■nlJ HI

"li •■'^ ^'

!'i /

,{<KJ

fji/!' ni'i'.iuy.

' 1

In witness whereof the parties hereto have executed thesd
presents at the City of Ottawa, this twenty-first day of
October, 1880.

(Signed) CHARLES TUPPER,

MiniKtor of Railways and Canals.
GEO. STEPHE>^,
DUNCAN MoINTYRE,
J. S. KENNEDY,
U. B ANOUS,
J. J. HILL,

Per pro. Geo. Stephen.
" MORTON, ROSE & Co.,

- " KOHN, REINACn & Co.,

By P. Du P. Grenfell.
Signed in presence of F. Braun, and
Seal of the Department hereto
aflfixed by Sir Charles Tupper,
in presence of

(Signed)

F. Braun.

SCHEDULE A, REFERRED TO IN THE FOREGOING

CONTRACT.

INCORPORATION.

1. George Stephen, of Montreal, in Canada, Esquire ; oertain per-
Duncan Mclntyre, of Montreal, aforesaid, Merchant ; John S. aona inoor-
Kennedy, of New York, in the State of New York, Banker ; P°"*«<^-
the firm of Morton, Rose & Company, of London, in
England, Merchants ; the firm of Kohn, Reinach & Com-
pany, of Paris, in France, Bankers; Richard B. Angus and

James J. Hill, both of St. Paul, in the State of Minnesota,
Esquires ; with all such other persons and corporations as
shall become shareholders in the Company hereby incor-
porated, shall be and they are hereby constituted a body
corporate and politic, by the name of the " Canadian Pacific corporate
Railway Company." ' ,,»';; °*"°*-

2. The capital stock of the Company shall be twenty- Capital stock
five million dollars divided into shares of one hundred •"'^ shares,
dollars each, which shares shall be transferable in such man-
ner and upon such conditions as shall be provided by the
by-laws of the Company ; and such shares, or any part thereof, Paid up
may be granted and issued as paid-up shares for value bond '^*'^' .^
Hde received by the Company;, either in money at par or at

such price and upon such conditions as the Board of

Substittition
of ciiiiipiiny
n> co'i tract-
ori; ni.i
whan.

KfTuclof Bucb
•ub.titutioQ.

Xotioe in'
Caiida Ga-
zette.

Furilier in-
stalment to
bo paid up.

And rest of
$6,00>,000,

Directors may fix ; or ii<< part of the consideration of any
contract niiulo by the I'ompany.

II. Ah soon as fivi' million dollars of Iho stock of the Com-
pany haV(? hciMi subscrihod, ;ind thirty per ciMitum thereof
paid up, and upon the deposit with tlic Minister of Finance
of the Dominion of one uiillion dollars in money or in
securities api)roved by the Governor in Council, for fhe pur-
pose and up()!\ the conditions in the forc^oinL^ contract )>ro-
vided, the said contract shall become and bi; transferred to
the Company, without the execution of any deed or instru-
ment in that behalf; and the Company shall, thereupon,
become and be vested with all the rii>hts of the contractors
named in the said c intract, and shall be subject to, and liable
for, all their duties ;uul ol>lii>'ati()ns, to the same exti-nt ai d
in thesame manner as if th.' said contract had been executed
by the said Company insti<ad of by the said contractors ; and
thereupon the said (contractors, as individuals, shall cease to
have any right or interest in the said contract, and shall not
be subject to any liability or responsibility under the terms
thereof otherwise than as members of the corporation hereby
created. And upon the performance of the said conditions
respecting the subscription of stock, the partial payment
thereof, and the deposit of one million dollars to the satisfac-
tion of the Governor in C-ouncil, the publication by the
Secretary of State in the Canada Gazette, of a notice that the
transfer ot the contract to the Company has been etfected
and completed shall be conclusive proof of the fact. And
the Company shall cause to be paid up, on or before the first
day of May next, a further instalment of twenty per centum
upon the said first subscription of five million dollars, of
which call thirty days' notice by circular mailed to' each
shareholder shall be sufficient. And the Company shall call
in, and cause to be paid up, on or before the 81st day of
December, 1882, the remainder of the said first subscription
of five million dollars. . . ,,.

Necessary
franchices
and powers
granted.

Proviso.

4. All the franchisei:< and powers necessary or useful to
the Company to enable ihem to carry out, perform, enforce,
use, and avail themsolvcK of, every condition, stipulation,
obligation, duty, right, remedy, privilege, and advantage
agreed upon, contained or described in the said contract, are
hereby conferred upon the Company. And the enactment
of special provisions hereinafter contained shall not be held
' ' to impair or derogate from the generality of the franchises
'*" '* ' and powers so hereby conferred upon them. *^« ^^^-^^

V< DIRECTORS. uix a.ii.

First direct- 5. The said George Stephen, Duncan Mclntyre, John S.
Kennedy, Eichard B. Angus, James J. Hill, Henry Stafford
NoTthcote, of London, aforesaid, Esquires, Fascoe du P.

ors of the
company.

Greufcll, of London, albrosaitl, Morch-Mit, Charles Day Rose, Number li-
ori^ondon, atoresaid, Mcniiiiul, and IJaron J. do Iveinach, of """"*•
I'aris, aforesaid, Hanker, are hereby constituted the iirst
Directors of the Company, with power to add to their num-
ber, but so that tile Directors shall not in all exceed fifteen •
in number ; and the nnijority of the Directors, of whom tho
] 'resident shall be one, .sii:i!l bi> IJritish subjects. And the Mnjuriiytobo
Hoard of Directors so consiiLuted fchiill have all the powers l^','''|'' '"'"''"
lareby conferred upon the Directors of tho Comi)any, and
they shall hold olUce until tho first annual meeting of tl-.o []°7^7^|||J.g,
shareholders of tho Comi)any.

ii. Each of the Directors of the Company, hereby appointed Quaiiaoation
or hereafter appointed or elected, shall hold at least two of dnectors.
hundred and lifly shares of the stock of the Company. But Alteration of
tho number of Directors to bo hereafter elected by the share- number,
holders shall be such, not excei'diiiji; iiftoen, as shall be fixed
by by-law, and subject to tlu; same conditions as the Directors
appointed by, or under the authoiity of, the last preceding"
section ; the number thereof may be hereafter altered from
time to time in like manner. The votes for their election Ballot.
Bhall be by ballot.

7. A majority of the Directors shall form a ([uorum of the Quorum.
l»oard ; and until otherwise provided by by-law, Directors
may vote and act by proxy, such jiroxy to be held l>y a
Director only ; but no Director shall hold more than two Proviso,
proxies, and no mcetinf^ of Directors shall be competent to
transact business unless at least three Directors are present Three must
thereat in person, the remaining number of Directors ^® I'reEeiit.
required to form a quorum being represented by proxies.

8 The Eoard of Directors may appoint from out of their Executivo
number an Executive Committee, composed of at least three cm'^'tt'^e'
Directors, for the transaction of the ordinary business of the
Company, with such powers and duties as shall be fixed by
the by-laws ; and the President shall be ex-ojjicio a member President to
of such committee. be one.

1>. The chief place of business of the Company shall be at uhief place
the City of Montreal, but tho Com]xiny may, from time to of baeineei;
time, by by-law, appoint and fix other places within or °' ^^ ^ *'^*^'

beyond the limits of Canada, at which the business of the

Company may be transacted, and at which the Directors, or ' " ' .'

shareholders may meet, when called as shall be determined

by the by-laws. And the Company shall appoint and fix by puces for

by-law, at least one place in each Province or Territory service of

through which the Kailw^ay shall pass, where service of P'^"''^^^' *"•

process may be made upon the Company, in respect of any

cause of action arising within such Province or Territory,

and may afterwards from time to time, change such place

by by-law. And a copy of any by-law fixing or changing

How to be
aotifitid.

Service of

process

thereat.

And if com-
pany fail :o
appoint
places.

any such place, duly authenticated as herein provided, shall
be deposited by the Company in the office, at the seat of Gov-
ernment oi' the Provinr^;' or Territory to which such by-law
shall apply, of the Clerk or Prothonotary of the highest, or
one of the highest, courts of civil jurisdiction of such
Province or Territory. And if any cause of action shall arise
against the Company within any Province or Territory, and
any writ or process be issued against the Company thereon
out of any court in such Province or Territory, service of
such process may be validly made upon the Company at the
place within such Province or Territory so appointed and
fixed ; but if the Company fail to appoint and fix such place,
or to deposit, as hereinbefore provided, the by-law made in
that behalf, any such process may be validly served upon
the Company, at any of the stations of the said Kail way
within such Province or Territory.

SlIAREHOLDKRS.

First and
otlier annual
meeting-

Notice.

Special gen-
eral meetings
notice.

Place.

Provision if
a meeting be
nocei^sary
before notice
as aforesaid
can be given,

10, The first annual meeting of the shareholders of the
Company, for the appointment of Directors, shall be held on
the second Wednesday in May, 1882, at the principal office
ot the Company, in Montreal : and the annual general
meeting of shareholders, for the eiv^ction of Directors and the
transaction of business generally, shall be held on the same
day in each year thereafter at the same place unless other-
wise provided by the by-laws. And notice of each of such
meetings shall be given by the publication thereof in the
Canada Gazette for four weeks, and by such further means
as shall from time to time be directed by the by-laws.

11. Special general meetings of the shareholders may be
convened in such manner as shall be provided by the by-
laws. And except as hereinafter provided, notice of such
meetings shall be given in the same manner as n >tices of
annual general meetings, the purpose for which such meeting
is called being mentioned in the notices thereof ; and, except
as hereinafter provided, all such meetings shall be held at
the chief place of business of the Company.

13. If at any time before the first annual meeting of the
shareholders of the Company, it should become expedient
that a meeting of the Directors of the Company, or a special
general meeting of the shareholders of the Company, should
be held, before such meeting can conveniently be called, and
notice thereof given in the manner provided by this Act, or
by the by-laws, or before by-laws in that behalf have been
passed, and at a place other than at the chief place of business
of the Company in Montreal before the enactment of a by-
law authorizing the holding of such meeting elsewhere ; it
shall be lawful for the President or for any three of the Direc-
tors of the Company to call special meetings either of

diroctors or of shareholders, or of both, to be held at the City
of LoiKlon in Knglaiul, at iiraes and places resp.^ctively, to
be stated in the notices to be civen of such meetinsrs

respectively; iv.nl notices of such meetings ma7 be validly yotioosin
given by a circular mailed to thtj ordinary address of each ^^^^ °"^'
director or shareholder, as the case may be, in time to enable
him to attend sue h meeting, stating in general terms the
pur|)os(>. of the intend'^d meeting. And in the case of a Meetings
meeting of shareholders, the proceedings of such meeting niwiys valid
shall be held to be valid and sufficient, and to be binding on holders or *
the Company in all respects, if every shareholder of the Com- their proxies
pany be present thereat in person or by proxy, notwithstand- '*'^° P^'^^ea .
ing that notice of such meeting shall not have been given
in the manner required by this Act

1*>. N shareholder holding shares upon which any call Limitation a«
is overdue and unpaid shall vote at any meeting of share- ^^J^g®^ *'^'*
holders And tmless otherwise provided by the by-laws,
the person holding the proxy of a shareholder shall be him-
self a shareholder.

IS. No call upon unpaid shares shall be made for more And as to
than twenty per centum upon the amount thereof. calls.

EAILWJiY AND TELEGRAPH LINES.

S»"i. The Company may lay out, construct, acquire, equip,
maintain and work a continuous line of railway, of the gauge
of four feet eight and one-half inches ; which railway shall
extend from the terminus of the Canada Central Itailway
near Lake Ni pissing, known as Callander Station, to Port
Moody in the Province of British Columbia; and also, a
branch line of railway from some point on the main line of
railway to F'ort William on Thunder Bay ; and also the (Exist-
ing branch line of railway from Selkirk, in the Province of
Manitoba, to Pembina, in the said province ; and also other
branches to be located by the Company from time to time,
as provided by the said contract ; the said branches to be of
the gauge aforesaid ; and the said main line of railway, and
the said branch lines of railway shall be commenced and
completed as provided by the said contract ; and together
with such other branch lines as shall be hereafter <*onstracted
by the said Company, and any extension of the said main
line of railway that shall hereafter be constructed or acquired
by the Company, shall constitute the line of railway here-
inaiter called TiiK Canadian Pacific Railway.

l<». The Company may construct, maintain and work a
continuous telegraph line and telephone lines throughout
and along the wb .»le line of the Canadian Pacific Railway,
or any part thereof, and may also construct or acquire by
purchase, lease or otherwise, any other line or lines of tele-
1-2 R

Line and
Kiinsre of
railway.

And certain
brrtncUes.

Oomrnence-
inent und
complotion.

Other bran*
chesi .

N'nme of
railway.

(Join pany
may eon-
dtruot lines
of telesfraph
or telephone
and work
thorn and
collect tolls.

'j£ii.

Subject to
OoD. iStat.
Can., c. 67,
es. 14, 16, 16.

Ab to future
inventions.

graph connocting with the Hue so to be constructed along
the line of the said railway, and may undertake the trans-
mission of messages for the public by any such lino or lines
of telegraph or telephone, and collect tolls for so doing ; or
may lease such line or lines of teL'graph or telephone, or any
portion thereof; and, if they think proper to undertake the
transmission of messages for hire, they shall be subject to the
provisions of the fourteenth, fil'teenlh and sixteenth sections
of chapter sixty-seven of the Consolidated Statutes of Canada.
And they may use any improvement that may hereaiter be
invented (subject to the rights of patentees) ibr telegiapiiing
or telephoning, and any other means of communication that
may be deemed expedient by the Company at any time here-
after.

POWERS.

of 42 V , C. 9,

ication 17. "TAe Consolidated Railivay ./Ic/, 1879,'' in so far as
the provisions of the same are applicable to the undertaking
authorized by this charter, and in so far as they are not
inconsistent with or contrary to the provisions hereof and
save and except as hereinafter provided, is hero})y incorpo-
rated herewith.

Exceptions
as to such
application.

18. As respects the said railway, the seventh section of
''The Consolidated Railioay Act, 1879," relating to Powfrs,
and the eighth section thereof relating to 1'l.a.: s and Sur-
veys, shall be subject to the following provisions : —

As to lands
of the Crown
required.

a. The Company shall have the right to take, use and hold
the beach and land below high water mark, in any stream,
lake, navigable water, gulf or sea, in so far as the same shall
be vested in the Crown, and shall not be required by the
Crown, to such extent as shall be required by the Company
for its railway and other works, and as shall be exhibited
by a map or plan thereof deposited in the of&ce of the
Minister of Railways. But the provisions of this sub-section
shall not apply to any beach or land lying East of Lake
Nipissing, except with the approval of the Governor in
Council.

Plans and
book of
reference.

b. It shall be sufficient that the map or plan and book of
reference for any portion of the line of the railway not
being within any district or county for which there is a Clerk
of the Peace, be deposited in the office of the Minister of
Railways of Canada, and any omission, mis-statement 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.

c. The eleventh sub-section of the said eighth section of Deviations
the Railway Act shall not apply to any portion of the Rail- Ji°„/'"^ °°
way passing over ungranted lands of the Crown, or lands

not within any surveyed township in any Province ; and
in such places, deviations not exceeding five miles from the
line shown on the map or plan as aforesaid, deposited by the
Company, 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 Grovernor in
Council, and the Company may then make their Eailway in
accordance with such authorized deviation.

d. The map or plan and book of reference of any part of Deposit of
the main line of the Canadian Pacific Railway made and P^*°' **^'
deposited in accordance with this section, after approval by

the Q-overnor in Council, and of any branch of such Railway And of
hereafter to be located by the said Company in respect of bra^ci^es-
which the approval of the Governor in Council shall not be
necessary, shall avail as if made and deposited as required
by the said " Consolidated Railway Act, 1879," for all the
purposes of the said Act, and of this Act ; and any copy of, copies
or extract therefrom, certified by the said Minister or his thereof,
deputy, shall be received as evidence in any court of law in
Canada.

e. It shall be sufficient that a map or profile of any part Registration
of the completed Railway which shall not lie within any thereof,
county or district, having a registry office, be filed in the

office of the Minister of Railways.

- 19. It shall be lawful for the Company to take from any oompany
public lands adjace" .t to or near the line of the said Railway, ^^ter^'is
all stone, timber, gravel and other materials which may be from public
necessary or useful for the construction of the Railway ; and '^e^^e'r^x^ *
also to lay out and appropriate to the use of the Company, a font for sta-
greater extent of land, whether public or private, for stations, ^°°^y *"•
depots, workshops, buildings, side-tracks, wharves, harbors
and road-way, and for establishing screens against snow,
than the breadth and the quantity mentioned in " The
Consolidated Railway Act, 1819," such greater extent taken,
in any case, being allowed by the Government,, and shown
on the maps or plans deposited with the Minister of Rail-
ways.

20. The limit to the reduction of tolls by the Parliament Limit of re-
of Canada provided for by the eleventh sub-section of the f'^.f 'u° p„,
ITth section of " The Consolidated Railway Act, 18*79," uament under
respecting tolls, is hereby extended, so that such reduction *2 v., o. 9, s.
may be to such an extent that such tolls when reduced shall ' ^
not produce less than ten per cent, per annum profit on the
capital actually expended in the construction of the Railway,
instead of not less than fifteen per cent, per annum profit, as
1— 2i^

Governor in
Council ex-
tended in
like mannur.

provided by the said sub-section ; and so also that such
reduction shall not be made unless the net income of the
Company, ascertained as described in said sub-section,
shall have exceeded ten per cent, per annum instead of
firteeii per cent, per annum as provided by the said sub-
Reduction by section. And the exercise by the G-overnor in Council of
the power of reducing the tolls of the Company as provided
by the tenth sub-section of said section seventeen is hereby
limited to the same extent with relation to the profit of the
Company, and to its net revenue, as that to which the power
of Parliament to reduce tolls is limited by said sub-section
eleven as hereby amended.

Restriction as 21. The first and second sub-sections of section 22, of " Tlie

SK!'" Consolidated Railway Act, 1879," shall not apply to the

Canadian Pacific Railway Company ; and it is hereby enacted

that the transfer of shares in the undertaking shall be

made only upon the books of the Company in person or by

attorney, and shall not be valid unless so made, and the

form and mode of transfer shall be rfuch as shall be from time

Advances on, to time regulated by the by-laws of the Company. And the

forbi°d'dea°^' f^^^^ds of the Company shall not be used in any advance upon

the security of any of the shares or stock of the Company.

Transfer or
transmission
to new shftre-
holders sub-
ject to veto
of directors
until comple-
;ion of con-
tract.

Proviso: as
to transfer by
a firm to a
partner.

Note of trans-
fer to be
made and for
what purpose)

2iJ. The third and fourth sub-sections of said section 22
of " The Consolidated Railway Act, 1879," shall be subject to
the following provisions, namely, that if before the comple-
tion of the Railway and works under the said contract, any
transfer should purport to be made of any stock or share in
the Company, or any transmission of any share should be
effected under the provisions of said sub-section four, -to a
person not already a shareholder in the Company, and if in
the opinion of the Board it should not be expedient that
the pel son (not being already a shareholder) to whom such
transfer or transmission shall be made or effected should be
accepted as a shareholder, the Directors may, by resolution,
veto such transfer or transmission ; and thereafter, and until
after the completion of the said Railway and works under the
said contract, such person shall not be, or be recognized as
a shareholder in the Company ; and the original shareholder,
or his estate, as the case may be, shall remain subject to all
the obligations of a shareholder in the Company with all
the rights conferred upon a shareholder under this Act.
But any firm holding paid-up shares in the Company
may transfer the whole or any of such shares to any partner
in such firm having already an interest as such partner in
such shares, without being subject to such veto. And in
the event of such veto being exercised, a note shall be taken
of the transfer or transmission so vetoed in order that it may
be recorded in the books of the Company after the comple-
tion of the Railway and works as aforesaid ; but until such
completion, the trauisfer or transmission so vetoed isliall'iiot

confer any rights, nor have any effect of any nature or kind
whatever as respects the Company.

23. Sub-section sixteen of section nineteen, relating to Oertfiin other
President AND Directors, their election and duties; p^*'^'^'""^"*'
sub-section two of section twenty-four, relating to By-Laws, not to apply.
Nottces, &c., sub-sections five and six of section twenty-
eight, relating to GENjiitAL Provisions, and section ninety-
seven, relating to Railway Fund, of " The Comolidated
Railway Act, 1879," shall not, nor shall any of them apply

to the Canadian Pacific Railway or the Company hereby
incorporated.

24. The said Company shall afford all reasonable facili- corapany to
ties to the Ontario Pacific Junction Railway Company, when *ff"^'f"n??,°'
their Railway shall be completed to a puint of junction with to an(ffrom
the Canadian Pacific Railway ; and to the Canada Central certain other
Railway Company, for the receiving, forwarding and deliver- panies.^ ^°"'
ing of traffic upon and from the railways of the said Com-
panies, respectively, and for the return of carriages, trucks

and other vehicles ; and no one of the said Companies shall
give or continue any preference or advantage to, or in
favor of either of the others, or of any particular descrip-
tion of traffic, in any respect whatsoever ; nor shall any one
of the said Companies subject any other thereof, or any par-
ticular description of traffic, to any prejudice or disadvantage
in any respect whatsoever ; and any one of the said Com-
panies which shall have any terminus or station near any
terminus or station of either of the others, shall afford all
reasonable facilities for receiving and forwarding all the
traffic arriving by either of the others, without any unreason-
able delay, and without any preference or advantage, or pre-
judice or disadvantage, and so that no obstruction may be
offered in the using of such Railway as a continuous line of
communication, and so that all reasonable accommodation
may at all times, by the means aforesaid, be mutually
afforded by and to the said several Railway Companies ;
and the said Canadian Pacific Railway Company shall As to rates of
receive and carry all freight and passenger traffic shipped tnlmolu such
to or from any point on the railway of either of the said cases.
above named Railway Companies passing over the Cana-
dian Pacific Railway or any part thereof, at the same mileage
rate and subject to the same charges for similar services,
without granting or allowing any preference or advantage to
the traffic coming from or going upon one of such railways
over such traffic coming from or going upon the other of
them, reserving, however, to the said Canadian Pacific Rail- Reaerration
way Company the right of making special rates for pur- ^^^g^g^g"^
chasers of land, or for emigrants or intending emigrants, land, and
which special rates shall not govern or affect the rates of emigrants,
passenger traffic, as bet ween the said Company and the said
two above nftmed Companies or either of them. And any f °°g"p^tB

Toid.

agreement made between any two of the said Companies,
contrary to the foregoing provisions, shall be unlawful, null
and void.

Company
niHy piirchaEe
or acquire by
le.iae or other-
wise certain
other rail-
ways or
anialgHmate
with them.

And borrow
to a limited
amount on
bonds in con-
sequence.

Not to afflict
prior mort-
gages.

25 Tho Company, under the authority of a special general
meeting of the shareholders thereof, and as an extension of
the railway hereby authorized to be constructed, may pur-
chase or acquire by lease or otherwise and hold and operate,
the Canada Central liailway, or may amalgamate therewith,
and may purchase or acquire by lease or otherwise and hold
and operate a line or lines of railway from the City of Ottawa
to any point at navigable water on the Atlantic seaboard or
to any intermediate point, or may acquire running powers
over any railway now constructed between Ottawa and any
such point or intermediate point. And the Company may
purchase or acquire any such railway subject to such existing
mortgages, charges or liens thereon as shall be agreed upon,
and shall possess with regard to any lines of railway so
purchased, or acquired, and becoming the property of the
Company, the same powers as to the issue of bonds thereon,
or on any of them, to an amount not exceeding twenty
thousand dollars per mile ; and as to the security for such
bonds, as are conferred upon the Company by the twenty-
eighth section hereof, in respect of bonds to be issued upon
the Canadian Pacific Railway. But such issue of bonds
shall not affect the right of any holder of mortgages or other
charges already existing upon any line of railway so pur-
chased or {icquired ; and the amount of bonds hereby author-
ized to be issued upon such line of railway shall be dimin-
ished by the amount of such existing mortgages or charges
thereon.

Company
may have
docks, &c.,
and run ves-
sels on an}'
navigable
water their
railway
touches.

26. The Company shall have power and authority to erect
and maintain docks, dockyards, wharves, slips and piers
at any point on or in connection with the said Canadian
Pacific Railway, and at all the termini thereof on navigable
water, for the convenience and accommodation of vessels
and elevators ; and also to acquire, and work elevators,
and to acquire, own, hold, charter, work and run, steam and
other vessels for cargo and passengers upon any navigable
water, which the Canadian Pacific Railway may reach or
connect with.

BY-LAWS.

By-laws may
provide for
certain pur-
poses.

27. The by-laws of the Company may provide for the
remuneration of the president and directors of the Company,
and of any executive committee of such directors ; and for the
transfer of stock and shares ; the registration and inscription
of stocks, shares, and bonds, and the transfer of registered
bonds ; and the payment ol dividends and interest at any
place or places within or beyond the limits of Canada ; an4

for all other matters required b'j ihd said contract or by this
Act to be regulated by by-laws ; but the by-laws of the Must be con-
Company made, as provided by law, shall in no case have ^roied at next
any force or effect after the next general meeting of share- fL'g"* "****
holders, which shall be held after the passage of such by-
laws, unless they are approved by such meeting.

BONDS.

28. The Company, under the authority of a special general Amount of
meeting of the shareholders called for the purpose, may issue bonds limited,
mortgage bonds to the extent of ten thousand dollars per
mile of the Canadian Pacific Railway for the purposes of
the undertaking authorized by the present Act ; which issue Mortgages for
shall constitute a first mortgage and privilege upon the said securing the
Railway, constructed or acquired, and to be thereafter con- the propeny
structed or acquired, and upon its property, real and personal, of tne com-
acquired or to be thereafter acquired, including rolling stock ^*°^'
and plant, and upon its tolls and revenues (after deduction
from such tolls and revenues of working expenses), and
upon the franchises of the Company ; the whole as shall be
declared and described as so mortgaged in any deed of mort-
gage as hereinafter provided. Provided always, however. Proviso: in
that if the Company shall have issued, or shall intend to grant bonds
issue, land grant bonds under the provisions of the thirtieth have been
section hereof, the lands granted and to be granted by the gec"i^^n"3o'**'
Government to the Company may be excluded from the
operation of such mortgage and privilege ; and provided also
that such mortgage and privilege shall not attach upon any
property which the Company are hereby, or by the said
contract, authorized to acquire or receive from the Govern-
ment of Canada until the same shall have been conveyed
by the Government to the Company ; but shall attach upon
such property, if so declared in such deed, as soon as the same
shall be conveyed to the Company. And such mortgage Evidence of
and privilege may be evidenced by a deed or deeds of mort- "hat*condt-
gage executed by the Company, with the authority of its tions the
shareholders expressed by a resolution passed at such special confai"*^
general meeting ; and any such deed may contain such
description of the property mortgaged by such deed, and
such conditions respecting the payment of the bonds secured
thereby and of the interest thereon, and the remedies which
shall be enjoyed by the holders of such bonds or by any
trustee or trustees for them in default of such payment,
and the enforcement of such remedies ; and may provide for Re nedies of
such forfeitures and penalties, in default of such payment, ^°l^^^f 'P
as may be apj)roved by such meeting ; and may also contain, pajment.
with the approval aforesaid, authority. to the trustee or trus-
tees, upon such default, as one of such remedies, to take
possession of the railway and property mortgaged and to
hold and run the same for the benefit of the bondholders
thereof for a time to be limited by such deed, or to sell thq

Right of
voting may,
in BucD case,
be transferred
to boudhold-
era.

Cancellation
of shares de-
prived of
voting power.

Enforcing
conditions.

Further pro-
visions under
mortgage
deed.

Provision in
case of
change of
ownership,
&c., of Rail-
way, in such
case.

Increase of
borrowing
power if no
land grant
bonds are
issued.

said railway and property, after such delay, and upon such
terms and conditions as may be 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 shall be described in such deed, the right of voting
possessed by the shareholders of the Company, and by the
holders of preferred stock therein, or by either of them, shall
cease and determine, and shall thereafter appertain to the
bondholders, or to them and to the holders of the whole or of
any part of the preferred stock of the Company as shall be
declared by such deed ; 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 ; or of any
or all of the preferred stock of the Company, or both ; and
may also, either directly by its terms, or indirectly by refer-
ence 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
hereof. And such deed;* arid the provisions thereof made
under the authority hereof, and such other provisions thereof
as shall purport (withHike 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 to the
provisions ot this Act, shall be valid and binding. But if
any change in the ownership or possession of the said Rail-
way and property shall at any time take place under the
provisions hereof, or of any such deed, or in any other man-
ner, the said Railway and property shall continue to be held
and operated under the provisions hereof, and of " The Con-
solidated Railway Act, 18""9," as hereby modified. And if the
Company does not avail itself of the power of issuing bonds
secured upon the land grant alone as hereinafter provided,
the issue of bonds hereby authorized may be increased to
any amount not exceeding twenty thousand dollars per mile
of the said Canadian Pacific Railway.

Provision if
such bonds
are issued
before com-
pletion of
railway.

29. If any bond issue be made by the Company under the
last preceding section before the said Railway is completed
according to the said Contract, a proportion of the proceeds
of such bonds, or a proportion of such bonds if they be not
sold, corresponding to the proportion of the work contracted
for then remaining incomplete, shall be received by the
G-overnment, and shall be held, dealt with, and, from time
to time, paid over by the Government to the Company upon
the same conditions, in the same manner and according to
the same proportions as the proceeds of the bonds, the issue
of which is contemplated by sub-section d, of Clause 9 of
the said Contract, and by the thirty-first section hereof.

Provisions as 30. The Company may also issue mortgage bonds to the
land'gran^t extent of tweuty-five million dollars upon the lands granted
mortgage in aid of the said Railway and of the undertaking authorized
koadi.

by this Act ; such issue to be made only upon similar author-
ity to that required by this Act lor the issue of bonds upon
the Railway ; and when oo made such bonds shall constitute
a first mortgage upon such lands, and shall attach upon
them when they shall be granted, if they are not actually
granted at the time of the issue of such bonds. And such Evidenneof
mortgage may be evidenced by a deed or deeds of mortgage m ortgaRe and
to be executed under like authority to the deed securing the ''"" ifuns-
issue of bonds on the Kail way ; and such deed or deeds under
like authority may contain similar conditions and may con-
fer upon the trustee or trustees named thereunder and upon
the holders of the bonds secured thereby, remedies, authority,
power and privileges, and may provide for forfeitures and
penalties, similar to those which may be inserted and pro-
vided for under the provisions of this Act in any deed
securing the issue of bonds on the Railway, together with
such other provisions and conditions, not inconsistent with
law or with this Act as shall be so authorized. And such Name of and
bonds may be styled Land Grant Bonds, and they and the ^°^*^*^*''
proceeds tnereof shall be dealt with in the manner provided
in the said Contract.

iBSue of bonds
in place of
land grant
bonds under
agreemenl
with Govern-
ment.

To include
franchise as
well as pro-
perty of com-
pany.

81. The Company may in the place and stead of the said
land grant bonds, issue bonds under the twenty-eighth section
hereof, to such amount as they shall agree with the Govern-
ment to issue, with the interest guaranteed by the Govern-
ment as provided for in the said contract ; such bonds to
constitute a mortgage upon the property of the Company and
franchises acquired and to be thereafter acquired — including
the main line of the Canadian Pacific Railway, and the
branches thereof hereinbefore described, with the plant and
rolling stock thereof acquired and to be thereafter acquired,
but exclusive of such other branches thereof and of such
personal property as shall be excluded by the deed of mort-
gage to be executed as security for such issue. And the Section 28 to
provisions of the said twenty-eighth section shall apply to app'y-
such issue of bonds, and to the security which may be given *

for the payment thereof, and they and the proceeds thereof
shall be dealt with as hereby and by the said contract .,

provided. ,.,, , ,, , , , ; .. , , ■ •

32. It shall not be necessary to afiixthe seal of the Com- paciutirs for
pany to any mortgage bond issued under the authority of is'sne <•*' mort-
this Act ; and every such bond issued without such seal ^"^f, g^l ,4d
shall have the same force and effect, and be held, treated signaturs.
and dealt with by all courts of law and of equity as if it ■'>;!,

were sealed with the seal of the Company. And if it is pro- -♦ ' " ^ <
vided by the mortgage deed executed to secure the issue of " "" '^IJ^f^
any bonds, that any of the signatures to such bonds or i,»,Hijf9 >

to the coupons thereto appended may be engraved, stamped .s-jifoa

or lithographed thereon, such engraved, stamped or litho-
graphed signatures shall be valid and binding on the
Company.

"Working

expenses"
delned.

Onrrcncy on
which bonds
may be is*
sued.

Price and
conditions of
said.

May be ex-
chaiged for
inscribed
stock, &c.

j {

•

f
i

Bonds need
not be regis-
tered.

f ■'■ '

Mortgaiite
deed now
deposited.

And a^ree-
ments under
e. 36.

Certified
copies.

33. The phrase " working expenses" shall mean and
include all expenses oi" maintenance of the Railway, and of
the stations, buildings, works and conveniencies belonging
thereto, and of the rolling and other stock and moveable
plant used in the working thereof, and also all such tolls,
rents or annual sums as may be paid in respect of the hire
of engines, carriages or wagons let to the Company ; also,
ell rent, charges or interest on the purchase money of 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 the Iralfic 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 and traffic and all office and management
expenses, including Directors' fees, agency, legal and other
like expenses.

34. The bonds authorized by this Act to be issued upon
the Railway or upon the lands to be granted to the Company,
or both, may be so issued in whole or in part in the
denomination of dollars, pounds sterling, or francs, or in any
or all of them, and the coupons may be for payment in
denominations similar to those of the bond to which they
are 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 shall from time to time deter-
mine. And provision may be made by the by-laws of the
Company, that after the issue of any bond, the same may be
surrendered to the Company by the holder thereof, and the
Company may, in exchange therefor, issue to such holder
inscribed stock of the Company, which inscribed stock may
be registered or inscribed at the chief place of business of
the Company or elsewhere, in such manner, with such
rights, liens, privileges and preferences, at such place, and
upon such conditions as shall be provided by the by-laws
of the Company.

35. It shall not be necessary, in order to preserve the
priority, lien, charge, mortgage or privilege, purporting to
appertain to or be created by any bond issued or mortgage
deed executed under the provisions of this Act, that such
bond or deed should be enregistered 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 which
deposit notice shall be given in the Canada Gazette. And
in like manner any agreement entered into by the Company,
under section thirty-six of this Act, shall also be deposited in
the said office. And a copy of any such mortgage deed, or
agreement, certified to be a true coi)y by the Secretary of
State or his Deputy, shall be received as primd facie evidence
of the original in all courts of justice, without proof of the
sigaatures or seal upon such original.

86. If, at any time, any agreement be made by the Com- Agreement
pany with any porsons intending to bocomo bondholders of Jjjl^p^g"^*
the Company, or be contained in any mortgage deed executed for reBt'ricu*
under the authority of this Act, restricting the issue of bonds •ngisauei.
by the Company, under the powers conferred by this Act, or
defining or limiting the mode of exorcising such powers,
the Company, after the deposit thereof with the Secretary
of State as hereinbefore provided, shall not act upon such
powers othoi wise than as defined, resiriclcd and limited by
such agreement. And no bond thereafter issued by the EiTect
Company, and no order, resolution or proceeding thereafter ^''^"°'"'
made, passed or had by the Company, or by the Board of
Directors, contrary to the terms of sucn agreement, shall be
valid or effectual.

37. The Company may, from time to time, issue guaranteed
or preferred stock, at such price, to such amount, not exceed-
ing ten thousand dollars per mile, and upon such conditions
as to the preferences and privileges appertaining thereto, or
to different issues of classes thereof, and otherwise, as shall
be authorized by the majority in value of the shareholders
present in person or represented by proxy at any annual
meeting or at any special general meeting thereof called for
the purpose, notice of the intention to propose such issue
at such meeting being given in the notice calling such meet-
ing. But the guarantee or preference accorded to such stock
shall not interfere with the lien, mortgage and privilege
attaching to bonds issued under the authority of this Act.
And the holders of such preferred stock shall have such
power of voting at meetings of shareholders, as shall be con-
ferred upon them by the by-laws of the Company.

Oompanj
mny issue
guaranteed
or preferred
stock to a
limited
amount.

Not to affect
privileges of
bondholders.

Voting.

EXECUTION OF AGREEMENTS.

88. Every contract, agreement, engagement.scrip certificate
or bargain made, and every bill of exchange drawn, accepted
or endorsed, and every promissory note and cheque made,
drawn or endorsed on behalf of the Company, by any agent,
officer or servant of the Company, in general accordance with
his powers as such under the by-laws of the Company, shall
be binding upon the Company ; and in no case shall it be
necessary to have the seal of the Company affixed to any
such bill, note, cheque, contract, agreement, engagement,
bargain, or scrip certificate, or to prove that the same was
made, drawn, accepted or endorsed, as the case may be, in
pursuance of any by-law or special vote or order ; nor
shall the party so acting as agent, officer or servant of the
Company be subjected individually to any liability, what-
soever, to any third party therefor ; Provided always, that
nothing in this Act shall be construed to authorize the Com-
pany to issue any note payable to the bearer thereof, or any
promissory note intended to be circulated as money, or as

Con tracts,
bills &c , hj
its Rgcnts to
bind the com*
pany.

Proof thereof.

Nod •liability
of such
agent.

ProTijo: as
to notes.

the note of a bank, or to engage in the business of banking or
insurance.

,,.;;• GENERAL PROVISIONS.

Reporu»'> 31>.. The Company shall, from time to time, furnish such
GoverniLt-t. reports of the progress of the work, with such details and
plans of the work, as the Government may require.

Publication
of notices.

40. As respects places not within any Province, any notice
required by " The Comolidated Railway Act, 1879," to be
piven in the " Official Gazette " of a Province, may be given
in the Canada Gazelle.

Perm of 41. Deeds and conveyances of lands to the Company for

deeds, Ac, to the purposes of this Act (not being" letters patent from the
t e company. Qj-q^jj)^ j^^y, yi SO far as circumstances will admit, be in
the form following, that is to say : — ,. . .

Fomi.

"Know all men by these presents, that I, A. B., in
consideration of paid to me by the Canadian Pacific

Railway Company, the receipt whereof is hereby acknow-
ledged, grant, bargain, sell and convey unto the said the
Canadian Pacific Bail way 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.

day of

."'ii

A. B.

[LS.]^

" "Witness my hand and seal, this

one thousand eight hundred and
" Signed, sealed and delivered
in presence of

" C. D.
" E. F."
Obligation of or in any other form to the like effect. And in every deed
the grantor, made in accordance herewith shall be held and construed
to impose upon the vendor executing the same the obliga-
'*'' '' tion of guaranteeing the Company and its assigns against
all dower and claim for dower ind against all hypothecs
and mortgages and against all liens and charges whatsoever,
^.^., , , and also that he has a good, valid and transferable title
thereto.

:; r.i h

ifi9

"Letters Patent incorporating the Canadian Pacific
Railway Company."

\ '

; I / '

GOVERNMENT HOUSE,

Ottawa, 16th day of February, 1881.
Present :
HIS EXCELLENCY THE aOVERNOR OENERAL IN COUNCIL.

ON the recommondation of the Tlight Honorable Sir John
A. Macdonald, and in occordance with the Act of Par-
liament of Canada, passed on the 15th day of February, 1881,
intituled : "An Act respecting the Canadian Pacific Kail way
Company", — ' •

His Excellency has been pleased to order and it is hereby
ordered, that Letters Patent under the Great Seal of Canada
be issued incorporating " The Canadian Pacific Railway
Company," — such Letters Patent to be as follows : —

CANADA.

VICTORIA, hy the Grace of God of the United Kingdom of
', Great Britain and Ireland, Queen Defender of the Faith,

To all to whom these presents shall come, or whom the same
., may in anywise concern, <, ■ •

,,^ ;,,,,. ^ ,^,,.j,, ■ ^ - Greeting :

WHEREAS, George Stephen, of th(^. City of Montreal, in
the Province of Quebec and Dominion of Canada,
Esquire; Duncan Mclntyre, of the same place, Merchant;
John S Kennedy, of the City of New York, in the State of
New York, one of the United States of America ; Richard B.
Angus, of the City of St. Paul, in the State of Minnesota, one
of the United States of America ; and James J. Hill, of the
same place ; the firm of Morton, Ro&e and Company, of the
City of London, in England, Merchants, and the firm of Eohn
Reinach and Company, of th3 City of Paris, in France,
Bankers, on or about the twenty-first day of October, in the
lyear of Our Lord one thousand eight hundred and eighty,
duly entered ; into a contract and agreement with Us
represented and acting , by the > Honorable Sir ■■ Charles
Tupper, K.C.M.G., our Minister of Railways and Canals of
Canada, which contract and agreement is in the words and
,f%]ar«8. following, viz. ;

This Co^TRACT and Aoreement made between Her Ma-
SESTY THE QuENi acting in respect of the Dominion of
Canada, and herein represented and acting by the Hon-
orable Sir Charles Tupper, K.C.M.G-., Minister of
Railways and Canals, and George Stephen and Duncan
Mclntyrc, of Montreal, in Canada, John S. Kennedy of
New York, in the State of New York, Kichard B. Angus
and James J. Hill, ot St. Paul, in the State of Minne-
sota, Morton, Rose & Co., of London, England, and Kohn
Keinach & Co., of Paris, France.

Witnesses :

That the parties hereto have contracted and agreed with
each other as follows, namely : —

1, For the better interprotiUion of this contract, it is hereby
declared that the portion of Kailway hereinafter called the
Eastern section, shall comprise that part of the Canadian
Pacific Railway to be constructed, extending from the
Western terminus of the Canada Central Railway, near the
East end of Lake Nipissing, known as Callander Station, to
a point of junction with that portion of the said Canadian
Pacific Railway now in course of construction extending
from Lake Superior to Selkirk on the I'asi side of Red River ;
which latter portion is hereinafter called the Lake Superior
section. That the portion of said Railway, now partially in
course of construction, extcniding from Selkirk to Kamloops,
is hereinafter called the Central section; and the portion of
said Railway now in course of construction, extending from
Kamloops to Port Moody, is hereinafter called the Western
section. And that the words " the Canadian Pacific Rail-
way," are intended to mean the entire Railway, as described
in the Act 37th Victoria, cap. 14 The individual parties
hereto, are hereinafter described as the Company ; and the
Government of Canada is hereinafter called the Govern-
ment.

2. The contractors immediately after the organization of
the said Company, shall deposit with the Government
$1,000,000 in cash or approved securities, as a security for
the construction of the Railway hereby contracted for. The
Government shall pay to the Company interest on the cash
deposited at the rate of four per cent, per annum, half-yearly,
and shall pay over to the Company the interest received upon
securities deposited, the whole until default in the perform-
ance of the conditions hereof, or until the repayment of the
deposit, and shall return the deposit to the Company on the
completion of the Railway, according to the terms hereof,
with any interest accrued thereon.

3. The Company shall lay out, construct and equip the
said Eastern section, and the said Central section, of a uniform

gauge of 4 feet 8| inches ; and in order to establish an
approximate cUndard whereby the quality and the character
of the Railway and of the materials used in the construc-
tion thereof, and of the equipment thereof may bo regulated,
the Union Pacific Kailway of the United States as the same
was when first constructed, is hereby selected and fixed as
such standard. And if the Government and the Company
should be unable to agree as to whether or not any work done
or materials furnished under this contract are in fair con-
formity with such standard, or as to any other question of
fact, excluding questions of law, the subject of disagreement
shall be from time to time referred to the determination of
three referees, one of whom shall be chosen by the G-overn-
ment, one by the Company, and one by the two referees so
chosen, and such referees shall decide as to the party by
whom the expense of such reference shall be defrayed. And
if such two referees should be unable to agree upon a third
referee, he shall be appointed at the instance of either party
thereto, after notice to the other, by the Chief Justice of the
Supreme Court of Canada. And the decision of such referees,
or of the majority of them, shall be final.

4. The work of construction shall be commenced at the
eastern extremity ol the Eastern section not later than the
first day of July next, and the work upon the Central section
shall be commenced by the Company at such point towards
the eastern end thereof on the portion of the line now under
construction as shall be found convenient and as shall be
approved by the Government, at a date not later than the
1st May next. And the work upon the Eastern and Central
sections, shall be vigorously and continuously carried on at
such rate of annual progress on each section as shall enable
the Company to complete and equip the same and each of
them, in running order, on or before the Istday of May, 1891,
by which date the Company hereby agree to complete and
equip the said sections in conformity with this contract,
unless prevented by the Act of God, the Queen's enemies,
intestine disturbances, epidemics, floods, or other causes
beyond the control of the Company. And in case of the
interruption or obstruction of the work of construction from
any of the said causes, the time fixed for the completion
of the Kailway shall be extended for a corresponding period.

5. The Company shall pay to the Government the cost,
according to the contract, of the portion of railway, 100
miles in length, extending from the city of Winnipeg west-
ward, up to the time at which the work was taken out of
the hands of the contractor and the expenses since incurred
by the Government in the work of construction, but shall
have the right to assume the said work at any time and
complete the same, paying the cost of construction as afore-
said so far as the same shall then have been incurred by the
Government. *

6. Unless prevented by the act of God, the Queen's
enemies, intestine disturbances, epidemics, floods or other
causes beyond the control of the Grovernment, the G-overn-
ment shall* cause to be completed the said Lake Superior
section, by the dates fixed by the existing contracts for the
construction thereof, and shall also cause to be completed
the portion of the said Western section now under contract,
namely, from Kamloops to Yale, within the period fixed by
the contracts thoreloi*, na nely, by the thirteenth day of Juii ■.,
1885 ; and shall also ^aase to be completed, on or before the
first day of May, li591, the remaining portion of the said
Western section, lyii .g between Yale and Port Moody, which
shall be constructed of equally good quality in every respect
with the standard hereby created for the portion hereby
contracted for. And the said Lake Superior section, and the
portions of the said Westtuii section now under contract,
shall be completed as nearly as pi*acticable according to the
specifications and conditions of the contracts therefor, except
in so far as the same have been modified by the Government
prior to this contract.

7. The Railway constructed under the terms hereof shall
be the property of the Company : and pending the comple-
tion of tlxe liastern and Central sections, the Government
shall transfer to the Company the possession and right to
work and run the several portions of the Canadian Pacific
Railway already constructed or as the same shall be com-
pleted. And upon the completion of the Eastern and Central
sections, the Government shall convey to the Company, with
a suitable number of station buildings and with water ser-
vice (but without equipment), those portions of the Cana-
dian Pacific Railway constructed or to be constructed by the
Government which shall then be completed ; and upon com-
pletion of the remainder of the portion of the railway to
be constructed by the Government, that portion shall also be
conveyed to the Company, and the Canadian Pacific Rail-
way shall become and be thereafter the absolute property of
the Company. And the Company shall thereafter and for-
ever efficiently maintain, work and run the Canadian Pacific
Railway.

8. Upon the reception from the Government of the pos-
session of each of the respective portions of the Canadian
Pacific Railway, the Company shall equip the same in con-
formity with the standard herein established for the equip-
ment of the sections hereby contracted for, and shall there-
after maintain and efficiently operate the same. '!-• ','•■

and the same shall be equipped, maintained and operated, the
said subsidies respectively to be paid and granted as the
work of construction shall proceed, in manner and upon the
conditions following, that is to say :

a. The said subsidy in money is hereby divided and
appropriated as follows, namely : —

CENTRAL SECTIO.V.

Assumed at 1,350 miles—

1st.— 903 mile?, at $10,000 per mile $ 9,000.000

•in.!.— 4,".0 " " 13,333 " " 6,000,000

$15,000,0)0

EASTERN SECTION.

Assumed at 650 miles, subsidy equal to J15,38t.61 per

mile 10,000,000

. .$i5,0(i0,(:00

And the said subsidy inland is hereby divided and appro-
priated as follows, subject to the reserve hereinafter pro-
vided for.

CKNTRAL SECTION.

1st — 900 miles, at 12,500 acres per mile. 11,250,000
2ad.--45C " "16,666.66" " 7,500,000

18,750,000

EASTERN SECTION.

assumed at 650 miles, subsidy equal to 9,615.35 acres

per mile 6,250,000

25,600,000

b. Upon the construction of any portion of the railway
hereby contracted for, not less than 20 miles in length, and
the completion thereof so as to admit of the running of
regular trains thereon, together with such equipment thereof
as shall be required for the traffic thereon, the Government
shall pay and grant to the Company the money and land
subsidies applicable thereto, according to the division and
appropriation thereof made as hereinbefore provided ; the
Company having the option of receiving in lieu of cash,
terminable bonds of the G-overnment, bearing such rate of
interest for such period and nominal amount as may be
arranged, and which may be equivalent according to actuarial
calculation to the corresponding cash payment, the Govern-
ment allowing four per cent, interest on moneys deposited
with them.

c. If at any time the Company shall cause to be delivered
on or near the line of the said Railway, at a place satisfactory
to the Government, steel rails and fastenings to be used in
the construction of the Railway, but in advance of the

1—3

requirements for such construction, the Government, on the
requisition of the Company, shall, upon such terms and con-
ditions as shall be determined by the Government, advance
thereon three-fourths of the value thereof at the place of
delivery. And a proportion of the amount so advanced shall
be deducted according" to such terms and conditions from
the subsidy to be thereafter paid, upon the settlement for
each section of 20 miles of railway, which proportion shall
correspond with the proportion of such rails and fastenings
which have been used in the construction of such sections.

d. Until the first day of January, 1882, the Company shall
have the option, instead of issuing land grant bonds as here-
inafter provided, of substituting the payment by the Govern-
ment of the interest (or part of the interest) on bonds of
the Company mortgaging the railway and the lands to be
granted by the Government, running over such term of
years as may be approved by the Governor in Council, in
lieu of the cash subsidy hereby agreed to be granted to the
Company or any part thereof; such payments of interest to
be equivalent according to actuarial calculation to the cor-
responding cash payment, the Government allowing four
per cent, interest on moneys deposited with them; and the
coupons representing the interest on such bonds shall be
guaranteed by the Government to the extent of such equiva-
lent. And the proceeds of the sale of such bonds to the
extent of not more than $25,000,000, shall be deposited with
the Government, and the balance of such proceeds shall be
placed elsewhere by the Company, to the satisfaction and
under the exclusive control of the Government ; failing which
last condition the bonds in excess of those sold shall remain
in the hands of the Government. And from time to time,
as the work proceeds, the Government shall pay over to the
Company : firstly, out of the amount so to be placed by the
Company, — and, after the expenditure of that amount, out of
the amount deposited with the Government, — sums of
money bearing the same proportion to the mileage cash
subsidy hereby agreed upon, which the net proceeds of such
sale (if the w^hole of such bonds are sold upon the issue
thereof) or, if such bonds be not all then sold, the net pro-
ceeds of the issue, calculated at the rate at which the sale of
part of them shall have been made, shall bear to the sum of
$25,000,000. But if only a portion of the bond issue be
sold, the amount earned by the Company according to the
proportion aforesaid, shall be paid to the Company, partly
out of the bonds in the hands of the Government, and partly
out of the cash deposited with the Government, in similar
proportions to the amount of such bonds sold and remaining
unsold respectively ; and the Company shall receive the
bonds so paid as cash at the rate at which the said partial
sale thereof shall have been made. Aiid the Government
will receive and hold such sum of money towards the

of
be
the
•tly
•tly
ilar

creation of a sinking fund for the redemption of such
bonds, and upon such terms and conditions, as shall be
agreed upon between the Government and the Company.

e. If the Company avail themselves of the option granted
by clause d, the sum of $2,000 per mile for the first eight
hundred miles of the Central section shall be deducted pro
rata from the amount payable to the Company in respect of
the said eight hundred miles, and shall bo appropriated to
increase the mileage cash subsidy appropriated to the re-
mainder of the said Central section.

10. In further consideration of the premises, the Grovern-
ment shall also grant to the Company the lands required for
the road-bed of the railway, and for its stations, station
grounds, workshops, dock ground and water frontage at the
termini on navigable waters, buildings, yards and other
appurtenances required for the convenient and effectual
construction and working of the railway, in so far as such
land shall be vested in the Government. And the Govern-
ment shall also permit the admission free of duty, of all
steel rails, fish plates and other fastenings, spikes, bolts
and nuts, wire, timber and all material for bridges, to be
used in the original construction of the railway, and of a
telegraph line in connection therewith, and all telegraphic
apparatus required for the first equipment of such telegraph
line; and will convey to the Company at cost price, with in-
terest, all rails and fastenings bought in or since the year 1879,
and other materials for construction in the possession of or
purchased by the Government, at a valuation ; such rails,
fastenings and materials not being required by it for the
construction of the said Lake Superior and Western sec-
tions.

1—3*

grant therein of similar alternate sections extending back 24
miles deep on each side of any branch line or lines ot rail-
way to bo located by the Company, and to bo shown on a
map or plan thereof deposited with the Minister of Railways ;
or of any common front line or lines agreed upon between
the Grovernment and the Company, the conditions hereinbe-
fore stated as to lands not fairly fit for settlement to be
applicable to such additional grants. And the Company
may, with the consent of the Government, select in the
North-AVest Territories any tract or tracts of land not taken
np as a means of supplying or partially supplying such
deficiency. But such grants shall be made only from lands
remaining' vested in the Government.

12. The Government shall extinguish the Indian title
allecting the lauds herein appropriated, and to bo hereafter
granted in aid of the railway.

13. The Company shall have the right, subject to the
approval of the Governor in Council, to lay out and locate
the line of the railway hereby contracted for, as they may
see fit, preserving the following terminal points, namely :
From Callander station to the point of junction with the
Lake Superior section; and from Selkirk to the junction
with the western section at Kamloops by way of the Yellow
Head Pass.

14. The Company shall have the right, from time to time,
to lay out, construct, equip, maintain and work branch lines
of railway from any point or points along their main line of
railway, to any point or points within the territory of the
Dominion. Provided always, that before commencing any
branch they shall first deposit a map and plan of such
branch in the Department of Railways. And the Govern-
ment shall grant to the Company the lands required for the
road-bed of such branches, and for the station, station-grounds,
buildings, workshops, yards and other appurtenances requi-
site for the efficient construction and working of su^^h
branches, in so far as such lands are vested in the CJoveru-
ment.

15. For 20 years from the date hereof, no line of railway
shall be authorized by the Dominion Parliament to be con-
structed south of the Canadian Pacific Railway, from any
point at or near the Canadian Pacific Railway except such
line as shall run South-West, or to the Westward of South-
West ; nor to within fifteen miles of latitude 49. And in
the establishment of any new Province in the North- West
Territories, provision shall be made for continuing such pro-
hibition after such establishment until the expiration ot the
said period.

said
Gov
by a

pro-
: the

10. The Canadian Pacific Ilaihvay, and all stations and
station grounds, workshops, buildings, yards and other
property, rolling stock and appurtenances required and used
for the construction and working thereof, and the capital
stock of the Company, shall be forever free from taxation by
the Dominion, or by any Province hereafter to bo established,
or by any Municipal Corporation therein ; and the lands of
the Company, in the North-West Territories, until they are
cither sold or occupied, shall also be free from such taxation
for 20 years after the grant thereof from the Crown.

17. The Company i<hall be authorized by their Act of
incorporation to issue bonds, secured vipon laud granted and
to be granted to the Company, containing provisions for the
use of such bonds in the acquisition of lands, and such other
conditions as the Company shall see lit, such issue to be for
$25,000,000. And should the Company make such issue
of land grant bonds, then they shall deposit them in the
hands of the Government ; and the Government shall retain
and hold one-fifth of such bonds as security for the due per-
formance of the present contract in respect of the main-
tenance mid continuous working of the railway by the Com-
pany, as herein agreed, for ten years after the completion
thereof, and the remaining $20,000,000 of such bonds shall
be dealt with as hereinafter provided And as to the said
one-fifth of the said bonds, so long as no default shall occur in
the maintenance and working of the said Canadian Pacific
liailway, the Government shall not present or demand pay-
ment of the coupons of svich })onds, nor require payment of
any interest thereon. And if any of such bonds so to be
retained by the Government shall be paid ofl in the manner
to be provided for the extinction of the whole issue thereof,
the Government shall hold the amount received in pay-
ment thereof as security for the same purposes as the bonds
so paid off, paying interest thereon at four per cent, per
annum so long as default is not made by the Company
in the performance of the conditions hereof And at the end
of the said period of ten years from the completion of the
said railway, if no default shall then have occurred in such
maintenance and working thereof, the said bonds, or if any
of them shall then have been paid off, the remainder of said
bonds and the money received for those paid off, with accrued
interest, shall bo delivered back by the Government to the
Company with all the coupons attached to such bonds.
But, if such default should occur, the Government may there-
after require payment of interest on the bonds so held,
and shall not be obliged to continue to pay interest on the
money representing bonds paid off ; and while the Govern-
ment shall retain the right to hold the said portion of the
said land grant bonds, other securities satisfactory to the
Government may be substituted for them by the Company
by agreement with the Government.

18. If the Company shall find it necessary or expedient
to sell the remainin*? $20,000,000 of the land grant bonds
or a larger portion thereof than in the proportion of one
dollar for each acre of land then earned by the Company,
they shall be allowed to do so, bnt the proceeds thereof, over
and above the amount to which the Company shall be
entitled as herein provided, shall be deposited with the Gov-
ernment. And the Government shall pay interest ui)on
such deposit half-yearly, at the rate of four per cent, per
annum, and shall pay over the amount of such deposit to the
Company from time to time as the work proceeds, in the
same proportions, and at the same times and upon the same
conditions as the land grant — that is to say : the Company
shall be entitled to receive from the Government out of the
proceeds of the said land grant bonds, the same number of
dollars as the number of acres of the land subsidy which
shall then have been earned by them, less one-ftflh thereof,
that is to say, if the bonds are sold at par, but if they are
sold at less than par, then a deduction shall be made there-
from corresponding to the discount at which such bonds are
sold. And such land grant shall be conveyed to them by
the Government, subject to the charge created as security for
the said land grant bonds, and shall remain subject to such
charge till relieved thereof in such manner as shall be i^ro-
vided for at the time of the issue of such bonds.

19. The Company shall jiay any expenses which shall be
incurred by the Government in carrying out the provisions
of the two last preceding clauses of this contract.

20. If the Company should not issue such land grant
bonds, then the Government shall retain from out of each
grant to be made from time to time, every fifth section of
the lands hereby agreed to be granted, such lands to be so
retained as security for the purposes, and for the length of
time, mentioned in section eighteen hereof. And such lands
may be sold in such manner and at such prices as shall be
agreed upon between the Government and the Company,
and in that case the price thereof shall be paid to, and held
by, the Government for the same period, and the same pur-
i^oses as the land itself, the Government paying four per
cent, per annum interest thereon. And other securities satis-
iactory to the G-overnment may be substituted for such lands
or money by agreement with the Government.

. The Company to be incorporated, with sufficient
powers to enable them to carry out the foregoing contract,
and this contract shall only be binding in the event of an
Act of incorporation being granted to the Company in the
form hereto appended as Schedule A.

22. The Railway Act of 1879, in so far ag the provisions
of the same are applicable to the undertaking referred to in
this contract, and in so far as they are not inconsistent here-
with or inconsistent with or contrary to the provisions of
the Act of incorporation to be granted to the Company, shall
apply to the Canadian Pacific Railway.

In witness whereof the parties hereto have executed these
presents at the City of Ottawa, this twentv-first day of
October, 1880.

(Signed)

M
i(
«l

l(
it

CHARLES TUPPER,

Minister of Railways and Canals.
GEO. STEPHEN,
DUNCAN McINTYRE,
J. S. KENNEDY,
R. B. ANGUS,
J. J. HILL,

Per pro. Geo. Stephen.
MORTON, ROSE & Co.,
KOHN, REINACH & Co.,

By P. Da P. Greufell.

Signed in presence of F. Braun, and
Seal of the Department hereto
affixed by Sir Charles Tupper,
in presence of

(Signed)

F. Braun.

And whereas the Schedule A to the said contract, is set
out in an Act of our Parliament of Canada, passed on the
FIFTEENTH day of FEBRUARY, in the year of Our Lord
one thousand eight hundred and eighty-one, and in the
forty-fourth year of our reign, intituled : " An Act respect-
ing the Canadian Pacific Railway ;" and whereas by the said
Act after reciting as follows, viz :

. "Whereas by the terms and conditions of the admission of
" British Columbia into Union with the Dominion of Canada,
" the Government of the Dominion has assumed the obliga-
" tion of causing a Railway to be constructed, connecting
" the sea-board of British Columbia with the Railway system
" of Canada ;

" And whereas the Parliament of Canada has repeatedly
" declared a preference for the construction and operation of
" such railway by means of an incorporated Company aided
" by grants of money and land, rather than by the Govern-
"ment, and certain Statutes have been passed to enable
" that course to be followed, but the enactments therein con-
" tained have not been effectual for that purpose ;

" And whereas certain sections ol" the said Tvailvvay have
" been constructed by the GoAernmcnt and others are in
" course of construction, but the greater portion of the main
" line thereof has not yet been commenced or placed lii der
" contract, and it is necessary for the development of the
" North- West Territory, and for the preservation of the <>-ood
"faith of the Government in the ])erformance of its obliga-
'• tions, that imnu'diale st(']).s should be taken tocomph'teand
" operate the whole of the said liiulvvay ;

" And whereas, in conformity with tho expressed desire of
" Parliament, a contract has bee:i entered into for the construc-
"tion ot the said portion of the main line of die said Kail-
" way, and for the permanent \vorkinj;' of the whole line
"thereof, which contract with the schedule annexed hasljeen
" laid })efore Parliament for its approval and a eopy thereof
" is appended hereto, and it is expedient to approve and
"ratify the said contract, and to make provision lor the
" carrying out of the same ;" the said contract and agreement
with the said Schedule A thereto was approved and ratified,
and "We were authorized to perform and cany out the con-
ditions thereof aecording to their i)urport ; and for the
purpose of incorporating the ])ersons mentioned in the said
contract, and those who shall be assocnated with them in the
luidertaking, and of granting to them the powers necessary
to enable them to carry out the said contract according to
tho terms thereof, it was enacted that our Governor-General
of Canada might giant to them, in conformity with the said
contract under the corporate name of the Canadian Pacific
Eailway Company, a charter conferring upon them the
franchises, jn-ivileges and powers embodied in the said
schedule to the said contract ; and that such charter being
published in the Canada Gazette with any Order or Orders
in Council relating to it, should have force and effect as if it
were an Act of our I'arliament of Canada, and should be and
be held to be an Act of incorporation within the meaning of
the said contract ;

And whereas the said persons have prayed for a charter
for the purpose aforesaid ;

1. Now Know Ye, that, by and with the advice of our
Privy Council for Canada, and under the authority of the
hereinbefore in part recited Act, and of any other power and
authority whatsoever in Us vested in this behalf, "We Do,
by these our Letters Patent, grant, order, declare and provide
that the said George Stephen, Duncan Mclntyre, John S.
Kennedy, Kichard B. Angus, James J. Hill, the firm of
Morton, Rose & Company, and the firm of Kohu, Reinach
& Company ; with all such other persons and corporations as
shall become shareholders in the Company hereby incor-
porated, shall be and they are hereby constituted a body
corporate and politic, by the name of the " Canadian Pacific
Railway Company."

3, The capital stock of the Company «hall bo tvventy-
fivo million dollars divided into shares of one hundred
dollars each, which shares shall be transierable in such man-
ner and upon such conditions as shall be ])rovided by the
by-laws of the Company ; and such shares, or any part thereof,
mny be granted and issued as paid-up shares for value bond
//V/e received by the Company, either in money at i>ar or at
such price and upon such conditions as the Ijoard of
Directors may fix ; or as part of the consideration of any
contract made by the Company.

. J5. As soon as five million dollars of the stock of the Com
l)any have been subscribed, a)id thirty per centum thereof
])aid up, and iipon the deposit with our Minister of Finance
of Canada of one million dollars in money or in securities
approved by our Governor Cleneral in Council, for the pur-
pose and upon the conditions in the said contract pro-
vided, th(^ said contract shall become and be transferred to
the Company, without the execution of any deed or instru-
ment in that behalf; and Ihe Company shall, thereupon,
become and be vested with all the rights of the contractors
named in the said contract, and shall be subject to, and liable
for, all their duties and obligations, to the same extent and
in the same manner as if the said contract had been executed
by the said Company instead of by the said contractors ; and
thereupon the said contractors, as ilidi vidua ".s, shall cease to
have any right or interest in the said contrac. and shall not
be subject to any liability or responsibility under the terms
thereof otherwise than as members of the corporation hereby
created. And upon the performance of the said conditions
respecting the subscription of stock, the partial payment
thereof, and the deposit of one million dollars to the satisfac-
tion of our Governor General in Council, the publication by
our Secretary of State of Canada in the Canada Gazette, of a
notice that the transfer of the contract to the Company has been
effected and completed shall be conclusive proof of the fact.
And the Company shall cause to be paid up, on or before the
first day of May next, a further instalment of twenty per
centum upon the said first subscription of five million dollars,
of which call thirty days' notice by circular mailed to each
shareholder shall be sufficient. And the Company shall call
in, and cause to be paid up, on or before the 31st day of
December, 1882, the remainder of the said first subscription
of five million dollars.

4. All the franchises and powers necessary or useful to
the Company to enable them to carry out, perform, enforce,
use, and avail themselves of, every condition, stipulation,
obligation, duty, right, remedy, privilege, and advantage
agreed upon, contained or described in the said contract, are
hereby conferred upon the Company. And the enactment
of special provisions hereinafter contained shall not be held

to impair or deroj^ato from the gtMioriility of the franchises
and powers so heniby conferred upon theui.

DIRKOTOUS.

a. The said (reorjje Stephen, Duncan Mclntyre, Jolin S.
Kennedy, liichard \\. Anj^us, James J. llil), Henry Stafford
Northcote, of London, afort^said, ICsquires, Pascoo du V.
Grenfell, of London, aforesaid, Merchant, Charles Day Rose,
of London, aforesaid, Menhant, and Baron J. de lteinach,'of
Paris, aforesaid, Banker, are hereby constituted the iirst
Directors of the Company, with j)owor to add to their num-
ber, but so that the Directors shall not in all exceed fifteen
in number ; and the majority of the Directors, of whom the
President shall be one, shall be British subjects. And the
Board of Directors so constituted shall have all the powers
hereby conferred upon the Direttors of the Company, and
they shall hold office until the iirst annual meeting of the
shareholders of the Company.

6. Each of the Directors of the Company, hereby appointed
or hereafter appointed or elected, shall hold at least two
hundred and fifty shares of the stock of the Company. But
the number of Directors to be hereafter elected by the share-
holders shall be such, not exceeding fifteen, as shall be fixed
by by-law, and subject to the same conditions as the Directors
appointed by, or under the authority of, the last preceding
section ; the number thereof may be hereafter altered from
time to time in like manner. The votes for their election
shall be by ballot.

7. A majority of the Directors shall form a quorum of the
Board ; and until otherwise provided by by-law, Directors
may vote and act by proxy, such proxy to be held by a
Director only ; but no Director shall hold more than two
proxies, and no meeting of Directors shall be competent to
transact business unless at least three Directors are present
thereat in person, the remaining number of Directors
required to form a quorum being represented by proxies.

8 The Board of Directors may appoint from out of their
number an Executive Committee, composed of at least three
Directors, for the transaction of the ordinary business of the
Company, with such powers and duties as shall be fixed by
the by-laws ; and the President shall be ex-officio a member
of such committee.

9. The chief place of business of the Company shall be at
the City of Montreal, but the Company may, from time to
time, by by-law, appoint and fix other places within or
beyond the limits of Canada, at which the business of the
Company may be transacted, and at which the Directors, or

shareholders may meet, when railed ns shall b(» determined
by the by-laws. And the Company shall appoint and fix by
by-law, at least one plane in each Province or Territory
through which the Railway shall pass, where service ot"
process may be made upon the Comi)any, in respect of any
cause oi action arising within such Province or Territory,
and may alter wards from time to time, change such place
by by-law. And a copy of any by-law fixing or changing
any such place, duly authenticated as herein provided, shall
be deposited by the Company in the olTue, at the seat of Gov-
ernment of the Province or Territory to which siich by-law
shall apply, of the Clerk or Prothonotary of the highest, or
one of the highest, courts of civil jurisdiction of such
Province or Territory. And if any cause of action shall arise
against the Company within any Province or Territory, and
any w^"t or process be issued against the Company thereon
out of any court in such Province or Territory, service of
such process may bo validly made upon the Company at the
place within such Province or Territory so appointed and
fixed ; but if the Company fail to appoint and fix such place,
or to deposit, as hereinbefore provided, the by-law made in
that behalf, any such process may be validly served upon
the Company, at any of the stations of the said ]{ailway
within such Province or Territory.

SHAREHOLDERS!.

10. The first annual meeting of the shareholders of the
Company, for the appointment of Directors, shall be held on
the secopd Wednesday in May, 1882, at the principal office
ot the Company, in Montreal: and the annual general
meeting of shareholders, for the election of Directors and the
transaction of business generally, shall be held on the same
day in each year thereafter at the same place unless other-
wise provided by the by-laws. And notice of each of such
meetings shall be given by the publication thereof in the
Canada Gazette for four weeks, and by such further means
as shall from time to time be directed by the by-laws.

11. Special general meetings of the shareholders may be
convened in such manner as shall be provided by the by-
laws. And except as hereinafter provided, notice of such
meetings shall be given in the same manner as notices of
annual general meetings, the purpose for which such meeting
is called being mentioned in the notices thereof ; and, except
as hereinafter provided, all such meetings shall be held at
the chief place of business of the Company.

12. If at any time before the first annual meeting of the
shareholders of the Company, it should become expedient
that a meeting of the Directors of the Company, or a special
general meeting of the shareholders of the Company, should

be held, before such meeting can conveniently be called, and
notice thereof given in the manner provided by this Act, or
by the by-laws, or before by-laws in that behalf have been
passed, and at a place other than at the chief place of business
of the Company in Montreal before the enactment of a by-
law authorizing the holding of such meeting elsewhere ; it
shall be lawful for the President or for any three of the Direc-
tors of the Company to call special meeti? gs cither of
directors or of shareholders, or of both, to be held at the City
of London in England, at times and places respectively, to
be stated in the notices to be given of such meetings
respectively. And notices of such meetings may be validly
given by a circular mailed to the ordinary address of each
director or shareholder as the case may be, in time to enable
him to attend such meeting, stating in general terms the
puipose of the intended meeting. And in the case of a
meeting of shareholders, the proceedings -of such meeting
shall be held to bo valid and sullicient, and to be binding on
the Company in all respocts, if every shareholder of the Com-
pany be pres(}nt thereat in person or by proxy, notwithstand-
ing that notice of such meeting shall not have been given
in the manner required by this Act.

11$. No shareholder holding shares ui)on which any call
is overdue and unpaid shall vote at any meeting of share-
holders. And unless otherwise provided by the by-laws,
the person holding the proxy of a shareholder shall be him-
self a shareholder.

14. No call upon unpa'.J shares shall be made for more
than twenty per centum upon the amount thereof.

IIAILWAY AND TELEGRAPH LINES.

15. The Company may lay out, construct, acquire, equip,
maintain and work a continuous line of railway, of the gauge
of four feet eight and one-half inches ; which railway shall
extend from the terminus of the Canada Central Railway
near Lake Nipissing, known as Callander Station, to Port
Moody in the Province of British Columbia ; and also, a
branch line of railway from some point on the main line of
railway to Port "William on Thunder Pay ; and also the exist-
ing branch line of railway from Selkirk, in the Province of
Manitoba, to Pembina, in the said Province ; and also other
branches to be located by the Company from time to time
as provided by the said contract ; the said branches to be of
the gauge aforesaid ; and the said main line of railway, and
the said branch lines of railway, shall be commenced and
completed as provided by the said contract ; and together
with such other branch lines as shall be hereafter constructed
by the said Company, and any extension of the said main
line of rail way that shall hereafter be constructed or acquired

by the Company, shall constitute the line of railway here-
inafter called The Canadian Pacific Kailwaa-.

IC. The Company may construct, maintain and work a
continuous telegraph line and telephone lines throughout
and along the whole line of the Canadian Pacific Eailway,
or any part thereof, and may also construct or accjuire by
purchase, lease or otherwise, any other line or lines of tele-
graph connecting with the line so to be constructed alonjr
the line of the said Railway, and may iindertake the trans-
mission of messages for the public by any such line or lines
of telegraph or telephone, and collect tolls for so doing; or
may lease such line or lines of telegraph or telephone, or any
portion thereof ; and, if they think proper to undertake the
transmission of messages for hire, they shall be subject to the;
provisions of the Iburteentn, fifteenth and sixteenth sections
of chapter sixty-seven of the Consolidated Statutes of Canada.
And they may use any improvement that may hereafter be
invented (subject to the rights of patentees) for telegraphing
or telephoning, and any other means of communication that
may be deemed expedient by the Company at any time
hereafter.

TOWERS,

17. ''The Consolidated Railwaif Ad, 18*70," in so far as
the provisions of the same are applicable to the undertaking
authorized by this charter, and in so far as they are not
inconsistent with or contrary to the provisions hereof, and
save and except as hereinafter provided, is hereby incorpo-
rated herewith.

l*^. As respects the said Railway, the seventh section of
" The Consolidated Railway Act, 1879," relating to Powers,
and the eighth section thereof relating to Plans and Sur-
veys, shall be subject to the following provisions : —

a. The Company shall have the right to take, use and hold
the beach and land below high water mark, in any stream,
lake, navigable water, gulf or sea, in so far as the same
shall be vested in Us and shall not be required by
Us, to such extent as shall bo required by the Company
lor its railway and other works, and as shall be exhibited
by a map or plan thereof deposited in the office of the
Minister of Railways. But the provisions of this sub-section
shall not apply to any beach or land lying East of Lake
Nipissing except with the approval of our Governor General
in Council.

b. It shall be suflicient that the map or plan and book ol
reference for any portion of the line of the railway not
being within any district or county for which there is a Clerk,
of the Peace, be deposited in the office of our Minister of

Railways and Canals of Canada, and any omission, mis-state-
ment 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
E ail way in accordance with such certified correction.

c. The eleventh snb-scclion of the said eighth section of
tht Railway Act shall not apply to any portion of the rail-
way passing over ungranted lands of Us, or lands
not within any surveyed township in any Province ; and
in such places, deviations not exceeding five miles from the
line shown on the map or plan as aforesaid, deposited by the
Company, shall be allowed, without any formal correction
or certificate ; and any further deviation that may be found
expedient may be authorized by order of our Governor Gen-
eral in Council, and the Company iuay then make their rail-
way in accordance with such authorized deviation.

d. The map or plan and book of reference of any part of
the main line of the Canadian Pacific Rail w^ ay made and
deposited in accordance with this section, after approval by
our Governor General in Council, and of any branch of such
railway hereafter to be located by the said Company in respect
of which the approval of our Governor General in Council
shall not be necessary, shall avail as if made and deposited as
required by the said " Consolidated Raihvay Act, 1879," for all
the purposes of the said Act, and of this Act ; and any copy of,
or extract therefrom, certified by our said Minister or his
deputy, shall be received as evidence in any court of law in
Canada.

c. It shall be suflicient that a map or profile of any part
of the completed Raihvay which shall not lie wathin any
county or district, having a registry office, be filed in the
oflice of our Minister of liailways and Canals of Canada.

lO. It shall be lawful for the Company to taive 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 tiseful lor the construction of the railway ; and
also to lay out and appropriate to the use of the Company, a
greater extent of lands, whether public or private, for stations,
depots, workshops, buildings, side-tracks, wharves, harbors
and road-way, and ibr establishing screens against snow,
than the breadth and the quantity mentioned in *' The
Consolidated Raihoay Act, 1879," such greater extent taken,
in any case, being allowed by our Governor General in
Council, and shown on the maps or plans deposited with our
Minister of Railways and Canals of Canada.

20. The limit to the reduction of tolls by our Parliament
of Canada provided for by the eleventh sub-section of the
17th section of " The Consolidated Railwaij Act, 1879,"
respecting tolls, is hereby extended, so that such reduction

may be to such an extent that such tolls when reduced shall
not produce less than ten per cent, per annum profit on the
capital actually expended in the construction of the Railway,
as such capital may be defined by an Act of our Par-
liament to be passed during the present session, instead
of not less than fifteen per cent, per annum profit, as
provided by the said sub-section ; and so also that such
reduction shall not be made unless the net income of the
Company, ascertained as described in said sub-section,
shall have exceeded ten per cent, per annum instead of
fifteen per cent, per annum as provided by the said sub-section.
And the exercise by our Governor General in Council of
the power of reducing the tolls of the Company as provided
by the tenth sub-section of sa^d section seventeen is hereby
limited to the same extent with relation to the profit of the
Company, and to its net revenue, as that to which the power
of Parliament to reduce tolls is limited by said sub-section
eleven as hereby amended.

91 . The first and second sub-sections of section 22, of " The
Consolidated Raihvai/ Act, 1879," shall not apply to the
Canadian Pacific Railway Company ; the transfer of
shares in the undertaking shall be madej only upon
the books of the Company in person or by attorney, and
shall not be valid unless so made, and the form and
mode of transfer shall be such as shall be from time
to tinxe regulated by the by-laws of the Company. And the
funds of the Compp.ny shall not be used in any advance upon
the security of any of the shares or stock of the Company.

"iiiS. The third and fourth sub-sections of said section 22
of " The Consolidated Railway Act, 1879," shall be subject to
the following provisions, namely, that if before the comple-
tion of the Railway and works under the said coriiract, any
transfer should purport to be made of any stock or share in
the Company, or any transmission of any share should be
effected under the provisions of said sub-section four, to a
person not already a shareholder in the Company, and if in
the opinion of the Board it should not bo expedient that
the person (not being already a shareholder) to whom such
transfer or transmission shall be made or effected should be
accepted as a shareholder, the Directors may, by resolution,
veto such transfer or transmission ; and thereafter, and vintil
after the completion of the said Railway and works under the
said contract, such person shall not be, or be recognized as
a shareholder in the Company ; and the original shareholder,
or his estate, as the case may be, shall remain subject to all
the obligations of a shareholder in the Company with all
the rights conferred upon a shareholder under this Charter.
But any firm holding paid-up shares in the Company
may transfer the whole or any of such shares to any partner
in such firm having already an interest as such partner in

such shares, without being subject to such veto. And in
the event oi' such veto being exercised, a note shall be taken
oi" the transfer or transmission so vetoed in order that it may
be recorded in the books of the Company after the comple-
tion of the Railway and works as aforesaid ; but until sucli
completion, the transfer or transmission so vetoed shall not
confer any rights, nor have any ellect of any nature or kind
whatever as respects the Company.

2J5. Sub-section sixteen of section nineteen, relating to
Tkesident and Diregtohs, their election and duties ;
sub-sectio]i two of section twenty-four, relating to By-Laws,
Notices, &c., sub-sections live and six of section twenty-
eight, relating to General Provisions, and section ninety-
seven, relating to Kailway Fund, of " The ConsoHdaled
RaUwaij Act, 1870," shall not, nor shall any of them apply
to the Canadian P;) ific liailway or to the C^ompnny hereby
incorporated.

31. The said Company shall atibrd all reasonable facili-
ties to th*^ Ontario Pacific Junction Eailway Company, when
their Railway shall be completed to a point of junction with
the Canadian Pacific Railway ; and to the Canada Central
Railway Company, for the receiving, forwarding and deliver-
ing of traffic upon and from the railways of the said Com-
panies, respectively, and for the return of carriages, trucks
and other vehicles ; and no one of the said Companies shall
give or continue any preference or advantage to, or in
favor of either of the others, or of any particular descrip-
tion of traffic, in any respect whatsoever ; nor shall any one
of the said Companies subject any other thereof, or any par-
ticular description of traffic, to any prejudice or disadvantage
in any respect whatsoever ; and any one of the said Com-
panies which shall have any terminus or station near any
terminus or station of either of the others, shall affiird all
reasonable facilities for receiving and forwarding all the
traffic arriving by either of the others, without any unreason-
able delay, and without any preference or advantage, or pre-
judice or disadvantage, and so that no obstruction may be
offered in the using of such Railway as a continuous line of
communication, and so that all reasonable accommodation
may at all times, by the means aforesaid, be mutually
afforded by and to the said several Railway Companies ;
and the said Canadian Pacific Railway Company shall
receive and carry all freight and passenger traffic shipped
to or from any point on the railway of either of the said
above named Railway Companies i)assing over the Cana-
dian Paiific Railway or any part thereof, at the same mileage
rate and subject to the same charges for similar services,
without granting or allowing any preference or advantage to
the traffic coming from or going upon one of such railways
over such traffic coming fn or going upon the other of

them, reserving-, however, to the said Canadian Pacific Rail-
way Company the right of making special rates for pur-
chasers of land, or for emigrants or intending emigrants,
which special rates shall not govern or aftect the rates of
passenger traffic, as between the said Company and the said
two above named Companies or either of them. And any
agreement made between any two of the said Companies,
contrary to the foregoing provisions, shall be unlawful, null
and void.

25. The Company, under the authority of a special general
meeting of the shareholders thereof, and as an extension of
the Railway hereby authorized to be constructed, may pur-
chase or acquire by lease or otherwise and hold and operate,
the Canada Central Railway, or may amalgamate therewith,
and may purchase or acquire by lease or otherwise and hold
and operate a line or lines of railway from the City of Ottawa
to any point at navigable water on the Atlantic seaboard or
to any intermediate point, or may acquire running powers
over any railway now constructed between Ottawa and any
such point or intermediate point. And the Company may
purchase or acquire any such railway subject to such existing
mortgages, charges or liens thereon as shall be agreed upon,
and shall possess with regard to any lines of railway so
purchased, or acquired, and becoming the property of the
Company, the same powers as to the issue of bonds thereon,
or on any of them, to an amount not exceeding twenty
thousand dollars per mile ; and as to the security for such
bonds, as are conferred upon the Company by the lioenty-
eighth section hereof, in respect of bonds to be issued upon
the Canadian Pacific Railway. But such issue of bonds
shall not affect the right of any holder of mortgages or other
charges already existing upon any line of railway so pur-
chased or acquired ; and the amount of bonds hereby author-
ized to be issued upon such line of railway shall be dimin-
ished by the amount of such existing mortgages or charges
thereon.

BY-LAWS.

27. The by-laws of the Company may provide for the
remuneration of the President and Directors of the Company,
1—4

and of any executive committee of such Directors ; and for the
transfer of stock and shares ; the re,!?istration and inscription
of stock, shares, and bonds, and the transfer of registered
bonds ; and the payment oi dividends and interest at any
place or places within or beyond the limits of Canada ; and
for all other matters required by the said contract or by this
Act to be regulated by by-laws ; but the by-laws of the
Company made, as provided by law, shall in no case have
any force or effect after the next general meeting of share-
holders, which shall be held after the passage of such by-
laws, unless they are approved by such meeting.

BONDS.

2S. The Company, under the authority of a special general
meeting of the shareholders called for the purpose, may issue
mortgage bonds to the extent of ten thousand dollars per
mile of the Canadian Pacific liailway for the purposes of the
undertaking authorized by the present Charter ; which issue
shall constitute a first moTLgage and privilege upon the said
Railway, constructed or acquired, and to be thereafter con-
structed or acquired, and upon its property, real and personal,
acquired and to be thereafter acquired, including rolling stock
and plant, and upon its tolls and reyenues (alter deduction
from such tolls and revenues of working expenses), and
upon the franchises of the Company ; the whole as shall be
declared and described as so mortgaged in any deed of mort-
gage as hereinafter provided. Provided always, however,
that if the Company shall have issued, or shall intend to
issue, land grant bonds under the provisions of the thirtieth
section hereof, the lands granted and to be granted by Us
to the Company may be excluded from the operation
of such mortgage and privilege ; and provided also that
such mortgage and privilege shall not attach upon any
property which the Company are hereby, or by the said
contract, authorized to acquire or receive from Us until
the same shall have been conveyed by Us to the Com-
pany, attach upon such property, if so declared in such
deed ; but shall as soon as the same shall be conveyed
to the Company. And such mortgage and privilege
may be evidenced by a deed or deeds of mortgage exe-
cuted by the Company, with the authority of its share-
holders expressed by a resolution passed at such special
general meeting ; and any such deed may contain such
description of the property mortgaged by such deed, and
such conditions respecting the payment of the bonds secured
thereby and of the interest thereon, and the remedies which
shall be enjoyed by the holders of such bonds or by any
trustee or trustees for them in default of such payment,
and the enforcement of such remedies ; and may provide for
such forfeitures and penalties, in default of such payment,
as may be approved by such meeting ; and may also contain,

fo]
Ui
to
co:
sa:

for

int,

■ain,

with the approval al'orosaid, authority to the trustee or trus-
tees, upon such clolault, as one of such remedies, to take
possession of the railway and property mortgaged and to
hold and run the same for the benelit of the bondholders
thereof for a time to be limited by such deed, or to sell the
said railway and property, after such delay, and upon such
terms and conditions as may be 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 shall be described in such deed, the right of voting
possessed by the shareholders of the Company, and by the
holders of preferred stock therein, or by either of them, shall
cease and determine, and shall thereafter appertain to the
bondholders, or to them and to the holders of the whole or of
any jtart of the preferred stock of the Company as shall be
decla-ed by such deed ; 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 ; or of any
or all of the preferred stock of the Company, or both ; and
may also, either directly by its terms, or indirectly by refer-
ence to the by-laws of the Company, provide for the mode of
enforcing and exorcising the powers and authority to be
conferred and defined by such deed, under the provisions
hereof. And such deed, and the provisions thereof mad.
under the authority hereof, and such other provisions thereof
as shall 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 to the
provisions of this Charter, shall be valid and binding. But if
any change in the ownership or possession of the said Rail-
way and property shall at any time take place under the
provisions hereof, or of any such deed, or in any other man-
ner, the said Railway and property shall continue to be held
and operated under the provisions hereof, and of " The Con-
solidated Railway Act, 1879," as hereby modified. And if the
Company does not avail itself of the power of issuing bonds
secured upon the land grant alone as hereinafter provided,
the issue of bonds hereby authorized may be increased to
any amount not exceeding twenty thousand dollars per mile
of the said Canadian Pacific Railway.

29. If any bond issue be made by the Company under the
last preceding section before the said railway is completed
according to the said Contract, a proportion of the proceeds
of such bonds, or a proportion of such bonds if they be not
sold, corresponding to the proportion of the work contracted
for then remaining incomplete, shall be received by
Us, and shall be held, dealt with, and, from time
to time, paid over by Us to the Company upon the same
conditions, in the same manner and according to the
same proportions as the proceeds of the bonds, the issue
l-4i

of which is contemplated by sub-section d, of Clause 9 of
the said Contract, and by the thirty-first section hereof.

30. The Company may also issue mortgage bonds to the
extent of twenty-five million dollars upon the lands granted
in aid of the said railway and of the undertaking authorized
by this Charter ; such issue to be made only upon similar au-
thority to that required by this Charter for the issue of bonds
upon the railway ; and when so made such bonds shall con-
stitute a first mortgage upon such lands, and shall attach upon
them when they shall be granted, if they are not actually
granted at the time of the issue of such bonds. And such
mortgage may be evidenced by a deed or deeds of mortgage
to be executed under like authority to the deed securing the
issue of bonds on the railway ; and such deed or deeds under
like authority may contain similar conditions and may con-
fer upon the trustee or trustees named thereunder and upon
the holders of the bonds secured thereby, remedies, authority,
power and privileges, and may provide for forfeitures and
penalties, similar to those which may be inserted and pro-
vided for under the provisions of this Charter in any deed
securing the issue of bonds on the railway, together with
such other provisions and conditions, not inconsistent with
law or with this Charter as shall be so authorized. And such
bonds may be styled Land Grant Bonds, and they and the
proceeds thereof shall be dealt with in the. manner provided
in the said Contract.

31. The Company may in the place and stead of the said
land grant bonds, issue bonds under the twenty-eighth
section hereof, to such amount as they shall agree with Us
to issue, with the interest guaranteed by Us as provided
for in the said contract ; such bonds to constitute a
mortgage upon the property of the Company and its
franchises acquired and to be thereafter acquired — including
the main line of the Canadian Pacific Kailway, and the
branches thereof hereinbefore d'escribed, with the plant and
rolling stock thereof acquired and to be thereafter acquired,
but exclusive of such other branches thereof and of such
personal property as shall be excluded by the deed of mort-
gage to be executed as security for such issue. And the
provisions of the said twenty-eighth section shall apply to
such issue of bonds, and to the security which may be given
for the payment thereof, and they and the proceeds thereof
shall be dealt with as hereby and by the said contract
provided.

32. It shall not be necessary to affix the seal of the Com-
pany to any mortgage bond issued under the authority of
this Act ; and every such bond issu' 1 without such seal
shall have the same force and effect, and be held, treated
and dealt with by all courts of law and of equity as if it

were sealed with the seal of the Company. And if it is pro-
vided by the mortgage deed executed to secure the issue of
any bonds, that any of the signatures to such bonds or
to the coupons thereto appended may bo engraved, stamped
or lithographed thereon, such engjuved, stamped or litho-
graphed signatures shall be valid and binding on the
Company.

J53. The phrase *' working expenses" shall mean and
include all expenses of maintenance of the railway, and of
the stations, buildings, works and conveniencies belonging
thereto, and of the rolling and other stock and moveable
plant used in the working thereof, and also all such tolls,
rents or annual sums as may be paid in respect of the hire
of engines, carriages or wagons let to the Company ; also,
all rent, charges or interest on the purchase money of 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 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 and traffic, and all office and management
expenses, including Directors' fees, agency, legal and other
like expenses.

♦J4. The bonds authorized by this Charter to be issued upon
the railway or upon the lands to be granted to the Company,
or both, may be so issued in whole or in part in the
denomination of dollars, pounds sterling, or francs, or in any
or all of them, and the coupons may be for payment in
denominations similar to those of the bond to which they
are attached. And the whole or any of such bonds, may be
pledged, negotiated or sold upon such conditions and t such
price as the Board of Directors shall from time to tiiue deter-
mine. And provision may be made by the by-laws of the
Company, that after the issue of any bond, the same may be
surrendered to the Company by the holder thereof, and the
Company may, in exchange therefor, issue to such holder
inscribed stock of the Company, which inscribed stock may
be registered or inscribed at the chief place of business of
the Company or elsewhere, in such manner, with such
rights, liens, privileges and preferences, at such place, and
upon such conditions as shall be provided by the by-laws
of the Company.

be deposited iu the olfice of Our 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 Com-
pany, under section thirty-six of this Charter, shall also be de-
posited in the said office. And a co]>y of any such mortgage
deed, or agreement, certified to be a true copy by Our said Se-
cretary of State or his Under Secretary or Deputy, shall be
received as primd facie evidence of the original in all courts
of justice, without proof of the signatures or seal upon such
original.

36. If, at any time, any agreement be made by the Com
pany with any persons intending to become bondholders of
the Company, or be contained in any mortgage deed executed
under the authority of this Charter, reptricting the issue of
bonds by the Company, under the powers conferred by this
Charter, or defining or limiting the mode of exercising such
powers, the Company, after the deposit thereof with Our
said Secretary of State as hereinbefore provided, shall not
act upon such powers otherwise than as defined, restricted
and limited by such agreement. And no bond thereafter
issued by the Company, and no order, resolution or pro-
ceeding thereafter made, passed or had by the Company, or
by the Board of Directors, contrary to the terms of such
agreement, shall be valid or effectual.

37. The Company may, from time to time, issue guaranteed
or preferred stock, at such price, to such amount, not exceed-
ing ten thousand dollars per mile, and upon such conditions
as to the preferences and privileges appertaining thereto, or
to dijfferent issues of classes thereof, and otherwise, as shall
be authorized by the majority in value of the shareholders
present in person or represented by proxy at any annual
meeting or at any special general meeting thereof called for
the purpose, notice of the intention to j^ropose such issue
at such meeting being given in the notice calling such meet-
ing. But the guarantee or preference accorded to such stock
shall not interfere with the lien, mortgage and privilege
attaching to bonds issued under the authority of this Act.
And the holders of such preferred stock shall have such
power of voting at meetings of shareholders, as shall be con-
ferred upon them by the by-laws of the Company.

EXECUTION OF AGREEMENTS.

38. Every contract, agreement, engagement.scrip certificate
or bargain made, and every bill of exchange drawn, accepted
or endorsed, and every promissory note and cheque made,
drawn or endorsed on behalf of the Company, by any agent,
officer or servant of the Company, in general accordance with
his powers as such under the by-laws of the Company, shall
be binding upon the Company ; and in no case shall it be
necessary to have the seal of the Company affixed to any

such bill, note, cheque, contract, ii<;]^rcemonl. ongagemeut,
bargain, or scrip certificate, or to prove that the same was
made, drawn, accepted or endorsed, as the case may bo, in
pursuance of any by-law or special vote or order ; nor
shall the party so acting as agent, oiiicur or servant of the
Company be subjected individually to any liability, what-
soever, to any third party therefor ; Provided always, that
nothing in this Charter shall be construed to authorize the
Company to issue any note payable to the bearer thereof, or
any promissory note intended to be circulated as money,
or as the note of a bank, or to engage in the business of
banking or insurance.

OENEBAL riiOVISIONS. '"

39.. The Company shall, from lime to time, furnish such
reports of the progress of the work, with such details and
plans of the work, uh Our Governor General in Council may
require.

40 As respects places not within any Province, any notice
required by " The Consolidated Railway Act, 1879," to be
given in the " Official Gazette " of a Province, may be given
in the Canada Gazette.

41, Deeds and conveyances of lands to the Company fo
the purposes of this Charter (not being letters patent from
Us), may, in so far as circumstances Avill 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 Canadian Pacific

Railway Company, the receipt whereof is hereby acknow-
ledged, grant, bargain, sell and convoy unto the said the
Canadian Pacific Bail way Company, their successors and
assign is, all that tract or parcel of loxid. {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

day of

A. B.

[LS.]

" Signed, sealed and delivered
in presence of

" C. D.

" E. R"
or in any other form to the like effect. And every deed
made in accordance herewith shall be held and construed
to impose upon the vendor executing the same the obliga-
tion 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,
and also that he has a good, valid and transferable title
thereto.

In Testimony Whereof, \Vc have caused these Our Letters
to be made Patent, and the Great Seal ot Canada to be
hereunto affixed. Witness, Our Right Trusty and
Well-Beloved Councillor, Sm John Douglas Suther-
i LAND Camphell, (commonly called the Marquis of
Lome), Knight of Our Most Ancient and Most Noble
Order of the Thistle, Knight Grand Cross of Our Most
Distinguished Order of St. Michael and St. George,
Governor-General of Canada and Vice-Admiral of the
same, &c., &c , &c.

At Our Govornmont House, in Our CITY of
OTTAWA, this day of

in the Year of Our Lord one thousand eight hundred
and eighty-one, and in the forty-fourth year of
Our Reiffu.

By Command.

Secretary of State of Canada.

J. 0. COTE,
Clerk Privy Council.

Letters Patent under the Great Seal of Canada have been
this day issued in accordance v/ilh the foregoing Order in
Council.

Dated 16th February, 1881.

JOHN O'CONNOR,

Secretari/ of Stale.

ROYAL LETTERS PATENT UNDER THE GREAT SEAL
OF CANADA ISSUED 16th FEBRUARY, 1881.

IThii document contained in the foregoing Order in Council and printed
at pages 29 to'_^Q is not here repeated.]

i), Ci''-",

CERTIFICATE OF DEPOSIT BY CANADIAN PACIFIC
RAILWAY COMPANY.

Finance Department,

Ottawa, Itth Foby., 1881.

I hcrphy certify that the Canadian Pacific Railway Com-
pany has dcpohitod with me out milliun dollars in money lor
the purpose and upon the conditions provided in and by the
second clause ol' a contract between Her Majesty the Quc^en
and certain pernons representing the said Company, executed
on ihe 21st day of October last, which contract is now held
by the said Company as a (Corporation under and by virtue
of" the Act passed during the pi esent Session of the Parlia-
ment of Canada, intituled : " An Act respeeiing the Canadian
Pacific Railivay," and of the Letters Patent issued under the
said Act.

(Signed), S. L. TILLEY,

Minister of Finance.

[True Copy.]

J. M. Courtney,

Deputy Minister Finance.

AMENDED DESCRIPTIO>T OF THE "STANDARD"
FOR CONSTRUCTION.

Ottawa, 16th December, 1880.

Sir, — With reference to the objections that have been
raised to the descripti'^u in the 3rd clause of the Pacific
Railway contiact of the approximate standard named in that
clause, we beg to state that Avhen the contract was framed,
it was lot considered that there was any diffennice of
importance between the time of the original construction
of the Union Pacific Railway and the date of the Allan con-
tract.

"We are therefore prepared to agree, on behalf of the
Syndicate, that the description of the Standard shall be con-
strued as applying to the Union Pa"ific Railway as it was in
February, 1873, =50 that the obligations of the Company will
virtually be the same as if that date were substituted in the
clause in question, for the words "as the same was when
first constructed."

We have no hesitation in agreeing to this construction, as
it is obvious that our own interest will lead us to construct
the railway in a substantial manner, with steel rails and
efficient equipment. And our reason for desiring that a
standard shouid be named was not in any degree to enable
us to construct an inferior railway, but merely to protect us
from captious or arbitrary criticism.

We have the honor to be. Sir,

Your obedient serx'ants,

(Signed) DUNCAN MoINTYRE,

JOHN S. KENNEDY,
R. E. ANGUS,
on behalf of the Pacific Railway Syndicate.

The Honorable

The Secretary of State for Canada,
Ottawa.

■

SUPPLEMENTARY AGTREEMENT IN REGARD TO
" RUNNING POWERS, RATES, &c."

Canadian Pacific Railway Company,
Secpetary's Office,
Montreal, February 25th, 1881.

Sir,— At the request of the Hon. J. J. C. Abbott, the
Counsel of this Company, I beg to transmit herewith, duly
certified and sealed with the corporate seal of the Company,
an extract from the minutes of the first meeting of the
Directors, held on the 17th instant, having reference to the
proposed agreement to be entered into between the Govern-
ment and the Company on the subject of running powers to
be granted under circumstances over a portion of the
Canadian Pacific Railway to Callaiider Station, &c.

Mr. Abbott desired me to say that this extract is forwarded
to you and the Hon. Sir Alexander Campbell, as the resolu-
tions embodied in it were passed by the Directors at your
joint request.

I have the honor to be. Sir,

Your obedient servant,

C. DRINKWATER,

Secretary.
The Hon. Sir Chas. Tupper, K.C.B.,

Minister of Railways, Ottawa.

THE CANADIAN PACIFIC RAILAVAY COMPANY.

Extracts from the minutes of the ilrst meeting of the
Directors of the Canadian Pacific Railway Company,
held at the Company's office in Montreal, on Thursday,
the 17th day of February, 1881.

And whereas in the course of the debate upon the
Canadian Paciiic Railway Act, certain questions arose which
the contractors present at Ottawa deemed it expedient to
meet by agreeing that this Company would enter into cer-
tain undertakings with the Government of Canada, so soon
as it should be organized, and it is expedient to provide
for entering into such arrangements, therefore it is uu? im-
ously

Resolved,—1\xixi this Company is prepared to enter into an
agreement with the DDminion Govcrnmont to the effect fol-
lowing, that is to say ;

If any Company other than the Canada Central Railway
Company builds a line from any point on the Canadian
Pacific Railway, at or about the Walmapit I\ rer, to any

point on Lake Huron or Lake Superior, or on the Eiver St.
Marie, such Company shall have running powers over the
Canadian Pacific Railway from the point of junction to Cal-
lander Station, on condition that such Company shall grant
to the Canadian Pacific Railway Company similar and
reciprocal runningjpowers over its Railway west of such
point of junction.

In the event of the Company purchasing, acquiring,
amalgamating with, leasing or holding and operating the
Canada Central Railway, the said Callander Station shall
continue to be a neutral or receiving and distributing point,
common to the Canada Central Railway, and any railway in
the Province of Ontario running southward from said Cal-
lander Station, and in that case all traffic to or from any
point in the AVest or North-West coming from or destined
for any t. leh Ontario Railway, shall be carried to or from
Callander Station at the same mileage rate as similar traffic
to or from such point coming from or destined for the said
Canada Central Railway. And such mileage rate shall not
be greater than the average rate per mile charged for similar
traffic from the point of shipment on the Canadian Pacific
Railway to the point of destination on the Canada Central
Railway, or from the point of shipment on the said Canada
Central Railway to the point of destination on the Canadian
Pacific Railway, as the case may be.

And for the purposes of this section the word " traffic"
includes not only passengers and their baggage, goods,
animals and things conveyed by railway, but also cars,
trucks and vehicles of any description adapted for running
over any railway, if offered for carriage as freight, but this
agreement shall not be construed as consenting to any run-
ning powers by any railway over the Canadian Pacific
Railway.

This agreement to be subject to the conditions as to
special rates for the purchasers of land, or for emigrants or
Intending emigrants, which are contained in the twenty-
fourth section of the charter of this Company.

If at any time the CanaJla Central Railway should be pur-
chased, acquired, leased in perpetuity by or amalgamated
with this Company, such amalgamation, acquisition, pur-
chase or lease shall be made subject to the existing legal
obligations of that Company created by its charter or any
amendment thereof, in respect of running powers or traffic
arrangements, as well as in respect of the matters and things
referred to in the letters patent incorporating this Company.

A true extract.

(Signed) C. DRINKWATER,

Secretary.

42 VICTORIA,

CHAP. 9.

An Act to amend and consolidate " The Railway Act,
1868," and the Acts amending it.

Note. — The dates in the margin opposite any provision is the year in which
it was made by this Act (187'J) or by An Act amending that of 1868, and repealed
by 8. 102 of this Act.

\Aisented to Ibth May, ISTS.]

HER Majesty, by and with the advice and consent of the Preamble.
Senate and House of Commons of Canada, enacts as
follows : —

1. In oitinj^ this Act, it shall be sufficient to use the ex- gbort title,
pression " The Consolidated Railway Act, 1879." 1879.

APPLICATION or ACT.

2. The provisions of this Act from section five to section Application "
thirty-four, both inclusive, being Part First of this Act, shall ofthQ several
apply to the Intercolonial Railway constructed under the ^^ll^ ° * '^
authority of the Act of the Parliament of Canada, passed

in the thirty-first year of Her Majesty's reign, and intituled

'' An Act respecting the construction of the Intercolonial Rail- 31 V., c. 13.

ivay,'^ so far as they are applicable to the undertaking, and in

so far as they are not inconsistent with or contrary to the

provisions of the said Act or ar^y other Act respecting it :

2. The said sections shall also apply to every railway con- xhe same,
structed or ' ^ oe constructed under the authority of any Act
passed by the Parliament of Canada, and shall, so far as they

are applicable to the undertaking, and unless they are ex-
pressly varied or excepted by the Special Act, be incor-
porated with the Special Act, form part thereof, and be con-
strued therewith as forming one Act.

3. For the purpose of excepting from incorporation with How any see-
the Special Act any of the sections forming Part First of ^'"^"^^^yj^e^^
this Act, it shall be sufficient in the Special Act to enact, incorporation
that the sections of this Act proposed to be excepted, referring r'"'*?^

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. ■

4. The i^rovisions of this Act from section thirty-four to To what Rail-
section ninety-eight, both inclusive, being Part Second, shall ^therprovis-
apply to the Intercolonial Railway, in so far as they are not itns of thin
varied by, or inconsistent with the Special Act respecting Act^shaii

it, to all railways constructed by the G-overnraent of Canada,

•62

or being or having become the property of the Dominion of
Canada, in or since the year 1868, in so far as they are not in-
consistent with any Special Act respecting them, and to all
railways which have been in or since the said year, or which
may be hereafter constructed under the authority of or made
subject to any Special Act passed by the Parliament of Canada,
and to all companies incorporated for their construction and
provMons of ^vorking, subject always to any provision hereinafter made
as to the application of any section or provision of either
part of this Act to any Province, place or railway, or as to
the time from which it is to be held as so applying.

PAET FIRST.

provisions
this Act.
1879,

INTERPRETATION.

Interpreta-
tion of words
"tho Special
Act."

5. 1, The expression " the Special Act," used in this Act
shall be construed to mean any Act authorizing the con-
struction of a railvv'ay, with which this Act or " The Rail-
way Act, 180;^," is incorporated:

"PreBcribed" 2. The word "prescribed," used in this Act in reference to
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 :

"TheLandB." 3. The expression "the lands" shall mean the lands which
by the Spetial Act are authorized to be taken or used for the
purpose thereof :

4. The expression " the undertaking" shall mean the rail-
way and works, of whatever description, by the Special Act
authorized to be executed :

5. The following words and expressions, both in this and
the Special Act, shall have the meanings hereby assigned to
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-
suages, lands, tenements and [hereditaments of any tenure :

"The under-
taking."

la this and
the Special
Act.

"Lands.'

'Lease.'

"Toll."

7. The word "Lease"
lease :

shallfinclude any agreement for a

"Go.di.'

8. The word " Toll " shall include any rate or charge or
ether 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
that may be conveyed upon the railway, or upon steam or
other vessels connected therewith : r

10. The word "County " shall include any union of Coun- "Ooumy."
ties, County, Riding or like division of a County in any
Province, or any division thereof into separate municipali-
ties in the Province of Quebec :

11. The word " Highways " shall mean aU public roads, "Highways."
streets, lanes, and other public ways and communications :

12. The word " Sheriff " shall include Under Sheriff, or "ShenfT."
other legal competent Deputy ; and where any matter in re-
lation 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 con- "cierk of the
strued to mean the Sheriff or Clerk of the Peace of the Dis- ^face."
trict, County, Riding, Division, or place where 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 Dis-
trict, County, Riding, Division, or place, the same expres-
sion shall be construed to mean the Sheriff or Clerk of the
Peace of any such District, County, Riding, Division or place
where any part of such lands are situate :

13. The word " Justice " shall mean a Justice of the "Justice."
Peace acting for the District, County, Riding, Division, City

or place 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
any one District, County, Riding, Division, City or place
the word " Justice " shall mean a Justice acting for the
District, County, Riding, Division, City or place where any
part of such lands are situate, and who is not interested in
such matter ; and where any matter is authorized or re-
quired to be done by two Justices, the expression " two "Two Jasti-
Justices ' ' shall be understood to mean two Justices assembled ^^^'
and acting together :

14. The word " owner," where, under the provisions of "Owner."
this Act or the Special Act, any notice is required to be
given to the owner of any lands, or where any act is author-
ized 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 com- "The f'om-
pany or party authorized by l,he Special Act to construct the ^*°^'
railway :

16. The exprestiion " the Railway " shall mean the rail- "The Rail-
way and the wo^ks by the Special Act authorized to be con- ^*^""
structed.

INCORPORATION.

Companies 6. Every company established under any Special Act
under's^eciai ^^^^^ ^® ^ hodj corporate under the name declared in the
Act"dedared Special Act, and shall be vested with all the powers, privi-
to be bodies Jeges and immunities necessary to carry into effect the inten-
corpora e, c. ^ .^^^ ^^^ objects of this Act and of the Special Act therefor,
and which are incident to such corporation, or are expressed
31 v., c. 1. or included in " The Interpretation Act.''

Powers.

To receive
erants of
land, &c.

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 rail-
way ; but the same shall be held and used for the purpose
of such grants or donations only ;

To pmcbase 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 ;

To occupy 3. No railway company shall take possession of, vise or

b"ache9*&c!' occupy any lands vested in Her Majesty, without the con-

with consent scut of the Govcmor in Council ; but with such consent any

of the Crown, g^^j-^ company may take and appropriate for the use of their

railway and works, but not alienate, so much of the wild

lands of the Crown lying on the route of the railway, as

have not been granted or sold, and as may be Uvcessary for

such railway, as also so much of the public beach, or of the

land covered with the waters of any lake, river, stream or

canal, or of their respective beds, as is necessary for making

and completing and using their said railway and works,

subject, however, to the exceptions contained in the next

following sub-section ;

As to lands
belonging to
Her Majebty,
&c.

4. "Whenever it is necessary for the company to occupy
any part of the lands belonging to the Queen, reserved for
Naval or Military purposes, they shall first apply for and
obtain the license and consent of Her Majesty, under the
hand and seal of the Governor, and having obtained such
license and consent, they may, at any time or times, enter
into and enjoy any of the said lands for the purposes of the
railway ; but in the case of any such Naval or Military
Reserves, no such license or consent shall be gix^en except
upon a report first made thereupon by the Naval or Military
authorities in which such lands are, for the time being, vested,
approving of such license and consent being so given ;

5. The company shall have power and authority to make, Power to
carry or place the railway across or upon the lands of any '^""'^ '^''"
corporation or person on the line of the railway, or within iIn^g*orcor
the distance from such line stated in the Special Act, Pf"|^i°°*'*'
althorti^h, through error or other cause, the name of such "
party has not been entered in the Book of Reference herein-
after mentioned, or although some other party has been
erroneously mentioned as the owner of or entitled to convey,
or is interested in such lands ;

others ;

an 1

:s,
fext

6. To construct, maintain and work the railway across, ^^^ ^^^^^^3 ^j^
along, or upon any stream of water, water-course, canal. Along streams
highway or railway which it intersects or touches ; but the *°-
stream, water-course, highway, canal or railway so inter- P'""'"*®'
sected or touched, shall be restored by the company to its

former state, or to such state as not to impair its usefulness ;

7. To make, complete, alter and keep in repair the railway. To complete
with one or more sets of rails or tracks, to be worked by the q *e'or*more'^
force and power of steam, or]of the atmosphere, or of animals, tracks, &c. ;
or by mechanical power, or by any combination of them ;

8. To erect and ma.utain all necessary and convenient xo erect
buildings, stations, depots, wharves and fixtures, and from necessary
time to time to alter, repair or enlarge the same, and to pur- wliarvea^c.
chase and acquire stationary or locomotive engines and car-
riages, wagons, lloats and other machinery necessary for the
accommodation and use of the passengers, freight and busi-
ness of the railway ;

9. To make branch railways, if required and provided by Branch Raii-
the Special Act, and to manage the same, and for that pur- ^*y^!
pose to exercise all the powers, privileges and authorities
necessary therefor, in as full and ample a manner as for the
railway ;

10. To construct and make all other matters and things All other
necessary and convenient for the making, extending and ^*"7n*°el
using of the railway in pursuance of this Act, and of the sarvfor Rail-
Special Act; ^"^^'i

11. To take, transport, carry and convey persons and To convey
goods on the railway, to regulate the time and manner in persons^and
which the same shall be transported, and the tolls and com- Railway;
pensation to be paid therefor, and to receive such tolls and
compensation ;

12. To borrow from time to time, either in Canada or else- To borrow
where, such sums of money as may be expedient for com- money, &c.'
pleting, maintaining or working the railway, and at a rate

of interest not exceeding eight per cent, per annum, and to
make the bonds, debentures or other securities granted for
1—6

e>6

To issue the sums so borrovvod, payable either in currency or in ster-

t^nres''* *'^*°" ^^^^' ^'^^ ^^ ^^^^ pluco or places within Canada, or without,
pledging ' as may be deemed advisable, and to sell the same at such
prices or discount as may be deemed expedient, or be neces-
sary, and to hypothecate, mortgac^e or pledge the lands, tolls,
revenues and other properties of the company lor the due
payment of the said sums and the interest thereon, — but no
such debenture shall be for a less sum i ban one hundred
dollars ;

Company's
property.

survey.

Toenternpon 13. To enter into and upon any lands of Iler Majesty
1*^^^^*°' ''°' without previous license therefor, or into and iipon the
lands of any corporation or i^erson whatsoever lying in the
intended route or line of the railway ; and to make surveys,
examinations, or other necessary arrangements on such lands
necessary for fixing the site of the railway, and to set out
and ascertain such parts of the lands as aie necessary and
proper for the railway ;

To remove
trees.

14. To fell or remove any trees standinff
lands or forests, where the railway
of six rods from either side thereof;

wood)!

p, in any woous,
passes, to the distance

To cross nr
unite with
other Rail-
ways.

But not with
out applica-
tion to the
RailwayCom-
mittee under
•ect. 35.

Aj to pro-
vincial llail-
ways. 1877.

15. To cross, intersect, join and unite the railway with
any other railway at any point on its route, and upon the
lands of such other railway, with the necessary convenien-
ces for the purposes of such connection ; and the owners of
both railways may unite in forming such intersection, and
grant the facilities therefor; and in case of disagreement
upon the amount of compensation to be made therefor, or
upon the point or manner of such crossing and connection,
the same shall be determined by arbitrators to be appointed
by a judge of one of the superior courts in the Province in
which the point of junction or intersection is situated :

IG. But no railway company shall avail itself of any of
the powers contained in the next preceding sub-section with-
out application to the Railway Committee constituted under
the thirty-fifth section of this Act, for approval of the
mode of crossing, union or intersection proposed,— of which
application, notice in writing shall be given to any other
railway aflected, by sending the same by mail or otherwise,
to the address of the President, Superintendent, Managing
Director or Secretary of any such railway company ; and
when such approval has been obtained, it shall be
lawful for either railway, in case of disagreement as to the
amount to be paid for compensation, to proceed for th(?
determination of such compensation as provided in the said
sub-aection ; and this sub-section and the next preceding it
shall extend and apply to a railway incorporated under any
Act of a Provincial Legislature, in any case in which it is
proposed that such railway shall cross, intersect, join or

pai
pof

unite with
Canada :

a railway under thf

leg'slative

control of

y' of
ith-
ider
the
lich.
Ither
rise,
^ing
and
be
the
the
I said
ig it
any
it is
In or

17. Any railway company may construct a branch or Any Railway

branches not exceeding six miles in length from any terminus J^ay con^

or station of their railway, whenever a by-law sanctioning Btruot branch

the same has been passed by the LIunicipal Council of the ?*JiT*^'^5i
■»«■•• 1-, •.! • 1 1- •. !■ 1 • 1 1 1 certain condi-

Municipality within the limits ot which such proposed tions.
branch is situate ; and no such branch shall, as to the quality
and construction of the road, be subject to any of the restric-
tions contained in the Special Act or in this Act, nor shall
any thing in either of the said Acts authorize the company
to take for such branch any lands belonging to any party
without the consent of such party first obtained :

Power to
construct
branch linea
for certain
piirpoacs.
1875.

Proviso :
Notice to be
given.

18. For the purpose oi connecting any city, town, villa^'e,
manufactory or manufactories, mine or mines, or any quarry
or quarries of stone or slate, or any well or spring, with the
main line of the railway of the company, or with any
branch thereof, or with any railway worked or leased by
the company; and for the purpose of giving increased
fticilities to business, or for the purpose of transporting the
products of any such manufactory, mine, quarry, well or
spring, it shall be lawful for the company to build, make
and construct, and to work and use, sidings, switches or
branch lines of railway, not to exceed in any one case six
miles in length : Provided always, that the company shall
not proceed to locate or build any branch line of more than
one quarter of a mile in length, under this section of this
Act, until public ? lOtice shall have been given for six weeks
in some newspaper i)ublished in the county or counties
through or in which such branch line is to be made, that it
is the intention of the company to apply to the Governor in
Council to sanction the building of such branch line, and to
appropriate the necessary lands for that purpose, under
the compulsory powers vested in them by this Act, or by
any other Act in their behalf; nor unless the company shall,
prior to the first publication of such notice, have deposited
in the Registry Ofiice of any city, county or part of a county,
in which the line or any part thereof is to be constructed,
the maps and plans indicating the location of the line ; nor
until the company shall have submitted the same to, and
such maps and plans shall have been approved by, the
Governor in Council, after the expiration of the notice : And
provided further, that the Order of the Governor in Council,
approving the said maps and plans, shall limit the time, not
exceeding two years from the date of such order, within
which the company may construct such branch line :

h. For any and every such purpose, each and every com- Powera of
pany herein referred to, shall have and may exercise all the fo°8uch°^ "
powers given them with respect to their main line, by the branch lia-s

Maps and
plans: and
approval of
Governor in
Council.

Proviso :
time for con-
Btruction
limited.

1— 5J

be made in
the line of a
Railway at
any time for
certain pur-
posea.

Proviso.

Capital Stock
may be in-
creased : how
and on what,
cunditiui s.

Act incorporating the company, and tlio Ads amending the
same or relatinGC to tlio company, or tho Act authorizing tho
construction of the main line, and iliis Act and any Act
amending the same ; and each and all jnovisions of the said
Acts which are api)licable to such extension shall extend
and apply to every such siding, switch or l)rauch line of
railway :

10. Any railway company desiring at any iimo to change
the locat'on of its lino of railway in any particuhir part for
the purpose of lessening a curve, reducing a gradient, or
otherwise benefiting such lino of railway, or lor any other
purpose of public advantage, may make such change ; and
all and every the clauses of this Act shall refer as fully to
the part of such line of railway, so at any time changed or
proposed to be (^hanged, as to the original line ; but no rail-
way company shall have any right to extend its line of rail-
way beyond the termini mentioned in the Special Act :

20. The original capital stocl" of any railway company
may bo increased from time to time to any amount ; but such
increase must be sanctioned by a vote in person or by proxy,
of at least two-thirds in amount of all the shareholders, at a
meeting expressly called by the directors for that purpose,
by a notice in writing to each shareholder, served on him
personally, or properly directed to him, and deposited in the
I'ost Oflice, at least twenty days previous to such meeting,
stating the time and place and object of the meeting, and
the amount of increase ; and the proceedings of such meeting
must be entered on the minutes of the proceedings, and
thereupon the capital stock may be increased to the amount
sanctioned by such a vote.

PLANS AND SURVEYS.

8. Plans
follows : —

and Surveys shall be made and corrected as

Provision re-
spectinj; sur-
veys and
levels.

Map and book 1. Suiveys and levels shall be taken and made of the lands

conteiDS°°* ' through which the railway is to pas.s, together with a map or

plan thereof, and of its course and direction, and of the lands

intended to be passed over and taken therefor, so far as then

ascertained, and also a Book of Reference for the railway in

which shall be set forth —

a. A general description of the said lands ;

b. The name of the owners and occupiers thereof, so far as
they can be ascertained ; and —

c. Every thing necessary for the right understanding of
Buch map or plan :

2. Tho map or plan juid IJook of Ittderonco shall bo exa- To be «i«ra-
minod and certified by the Minister of riiblic Works or his ji^'d 00^)10'"**'
d»iputy ; and a dupliciito th.-reol", so examined and certified, dtpogitod.

K hall be dei)o.site(l in tho odici' ol the Department of Public
Works; and the company shall be bound to furnish copies of
sueh map or plan and Ijook of lieference or of such parts
thereof as relate to eaeli district or county through which tho
railway is to pass, to be deposited in theollices of the Clerks
of the Peace for such districts or counties respectively :

3. Any person may resort to such copies, and make extracts Accesa to
therefrom or copies thereof, as occasion requires, paying to °°P'®'*
the Clerks of tho Peace, at the rate of ten cents lor every
hundred words :

4. Such map or plan and Book o( Reference so certified. Certified cop-
oratruo copy thereof certified by ( he Minister of Public d'eVrl''" ""
Works or by tho Clerks of the Peace, .shall be good evidence

in any court of law and elsewhere :

5. Any omission, misstatement or erroneous description of OmisHons or
such lands, or of the owners or occupiers thereof, in any *"""" ^"^
map or plan or Look of Reference, may, after giving ten
days notice to the owners of such lands, be corrected by two
justices on application made to them for that purpose ; and if
it appears to them that such omission, misstatement or erro-
neous description arose from mistake, the justices shall cer-
tify the same accordingly :

remedied.

G. The certificate shall state the particulars of any such Oertlfieatcs
omission, and the manner thereof, and shall be deposited thcret'o?
with the Clerks of the Peace of the districts or counties
respectively in which such lands are situate, and be kept by
them along with tho other documents to which they relate ;
and thereupon such map or plan or Book of Reference shall
be deemed to be corrected according to such certificate ; and
the company may make tho railway in accordance with
the certificate :

If any alterations from the original plan or survey are AUcrtttions
intended to be made in the line or course of the railway'', a ^'""°' •"■'g'"*^

survey.

plan and section of such alterations as have been approved of
by Parliament, on tho t5am(3 scale and containing the same
l^articulars as the original plan and survey, shall be deposited
in the same manner as the original plan ; and copies of, or ex-
tracts from such plan and section so far as they relate to the;
several districts or counties, in or through which sucli alter-
ations have been arthorized to be made, shall be deposited
w^ith the Clerks of the Peace of such districts and counties :

8. Until such original map or plan or Book of Reference, Railway not
or the plans and sections of the alterations, haye ^<?^^ ^o ^"^.p^"^®^'!'

IMAGE EVALUATION
TEST TARGET (MT-3)

.^* ^ J^

1.0

I.I

1.25

2.2

2.0

U IIIIII.6

^i ^

<$*^'JV

^>.

% y

//A

•%{%

^ ..js, OVA T"

'<i^

map, Ac, de- deposited, the execution of the railway, or of the part thereof
posited. affected by the alterations, as the case may be, shall not be
proceeded with :

Olerka of tbe
Peace to
retain copies
of original
plan, &c.

9. The Clerks of the Peace shall receive and retain the

copies of the original plans and surveys, and copies of the
plans and sections of alterations, and copies and extracts
thereof respectively, and shall permit all persons interested
to inspect any of the documents aforesaid, and to make
Ji2«lr. "'"^ *^' copies of and extracts from the same, under a penalty for
each default of four dollars :

tracts ;

■ Copies certi- 10. The cox)ies of the maps, ]")lans and Books of E-eference,

fo'be'Kood*'^ or of any alteration or correction thereof, or extracts there-

eridence in from, certified by the Clerk of the Peace, shall be received

Courts. |j^ qY[ courts of justice or elsewhere as good evidence of the

contents thereof, and the Clerk of the Peace shall give such

certificate to all parties interested when required :

Line not to
deviate more
than a mile
from Plan.

Ab to errors
in the name
of a person
entered in a
Book of Re-
ference.

11. No deviation of more than one mile from the line of
the railway or from the places assigned thereto in the said
map or plan and Book of Reference, or plans or sections,
shall be made into, through, across, under or over any part
of the lands not shown in such map or plan and Book of
Reference, or plans or sections, or within one mile of the
said line and place, save in such instances as are provided
for in the Special Act :

12. The railway may be carried across or upon the lands
of any person on the line, or within the distance from such
line as aforesaid, although the name of such person has not
been entered in the Book of Reference through error or any
other cause, or though some other person is erroneously
mentioned as the owner of or entitled to convey, or is inter-
ested in such lands : •

Map, Ac, of 13. A map and profile of llie completed railway and of
medWe^'^he land taken or obtained for the use thereof, shall,
Public Works within six months after completion of the undertaking,
Office. be made and filed in the ofiice of the Minister of Public

AVorks, and like maps of the parts thereof, located in differ-
ent districts and counties, shall be filed in the Registry
Offices for the districts and counties in which such parts are
respectively situate ; and any company failing or neglecting
to furnish such map within the said period, shall incur a
penalty of two hundred dollars, and a like penalty for each
and every montli such failure or neglect sb".ll rontinuc
recoverable in Her Majesty's name in any court of competent
jurisdiction : _ = . :

Onwhatscaie 14. Every such map shall be drawii on such a scale, and
beVaw"*° on such paper, as may, from time to time, be designated for

that purpose by the Minister of Public AV^orks, and shall be
certified and signed by ~ ""

corporation.

the President or Engineer of the

LANDS AND TIIKIK VALUATION.

O. The lands which may bo taken without the consent of Extent of
the proprietor thereof, shall not exceed thirty-three yards in J^kenwithout
breadth, except in places where the railway is raised more consent of
than five feet higher, or cut more than five feet deeper than propr'e'o".
the surface of the line, or where offsets are established, or
where stations, depots or fixtures are intended to be erected,
or goods to be delivered, and then not more than two hundred
and fifty yards in length by one hundred and fifty yar'ls in Extra breadth
breadth, without the consent of the person authorized to ^°' Stations,
convey such lands ; j,nd the places at which such extra
breadth is to be tak^n shall be shewn on a map or plan,
or plans or sections, so far as the same may be then ascer-
tained, — but their not being so shewn .shall not prevent such
extra breadth from being taken, provided it be taken upon
the line shewn or within the distance aforesaid from such
line :

2. The extent of the public beach, or of the land Extent cf
covered with the waters of any river or lake in Canada, to betaken*!
taken for the railway, shall not exceed the quantity limited
in the next preceding sub-section :

Ac-

may con<

vej lands to
CompaDj.

3. All Corporations and persons whatever, tenants in tail Corporations,
or for life, grev6s de substitution, guardians, curators, execu-
tors, administrators, and all other trustees whatsoever, not
only for and on behalf of themselves, their heirs and suc-
cessors, but also for and on behalf of those whom they re-
present, whether infants, issue unborn, lunatics, idiots, femes-
covert, or other persons, seized, possessed of, or interested in
any lands, may contract, sell or convey unto the company
all or any part thereof: Provided always, that in all cases
in which the parties hereinbefore enumerated have no right
in law to sell or convey the rights of property of said land,
it will be necessary for the said parties to obtain from a
competent judge, after due notice to parties interested, the
right to sell the said land ; and the said judge will give
such orders as may be necessary to secure the investment of
the purchase mpney in such a manner as he will deem neces-
sary, according to the law of the Province, to secure the
interests of the owner of said land : • .

Proviso :
order of
judge requir-
ed in certain
cases. 1879.

tarn case'.

4. But the powers by the next preceding sub-section con- Limitation o:
ferred upon Rectors in possession of fflebe lands in the Pro- powers in rer

• p g^ , . 1 • • 1 1 1 • tain t*t\car

vmce 01 Ontario, eccl3siastical and other corporations,
trustees of land for church or school purposes, or either,
executors appointed by wills in which they are not invested

Effect of sale
under precede
ing 8UD* sec-
tion.

with any powor over the real estate of the testator, admin-
istrators of persons dying intestate but at their death seized
of real estate, shall only extend and be exercised with respect
to any of such lands actually required for the use and occupa-
tion of any railway company ;

5. Any contract, agreement, sale, conveyance and assurance
so made, under the two next preceding sub-sections, shall be
valid and effectual in law to all intents and purposes A-hat-
soever, and shall vest in the railway company receiving the
same, the fee-simple in the lands in such deed described,
freed and discharged from all trusts, restrictions and limita-
tions whatsoever ; and the corporation or person so convey-
ing, is hereby indemnified for what it or he respectively does
by virtue of, or in pursuance to this Act :

Disposition cf 6. The company shall not be responsible for the disposition
mo'ne'y'*' ^^ ^^^Y purchase money for lands taken by them for their

purposes, if paid to tne owner of the land, or into court for

his benefit, as hereinafter provided :

Effect of con- ^, Any contract or agreement made by any party author-
before deposit ized by this Act to convoy lands, and made before the deposit
of msp. of the map or plan and Book of Reference, and before the

setting out and ascertaining of the lands required for the
railway, shall be binding at the price agreed upon for the
same lands, if they are afterwards so set out and ascertained
within one year from the date of the contract or agreement,
and although such lands may, in the meantime, have become
the property of a third party ; and possession of the land
may be taken and the agreement and price may be dealt
with, as if such price had been fixed by an award of arbi-
trators as hereinafter provided ; and the agreement shall be in
the place of an award :

GorporationB
and others
who cannot
sell in ordin-
ary course of
law, maj
a^i^ree upon a
fixed rent.

Lien for pay-
ment of such
rent.

8. All corporations or persons who cannot in common
course of law sell or alienate any lands so set out and ascer-
tained, shall agree upon a fixed an4iual rent as an equivalent,
and not upon a principal sum, to be paid for the lands ; and
if the amount of the rent is not fixed by voluntary agreement
or compromise, it shall be fixed and all proceedings shall be
regulated in the manner herein prescribed :

9. For the payment of the said annual rent, and every other
annual rent agreed upon or ascertained, and to be paid for the
purchase of any lands, or for any part of the purchase-money
of any lands, which the vendor agrees to leave unpaid, the
railway and the tolls thereon shall be liable and chargeable
in preference to all other claims and demands thereon what-
soever, — the deed creating such charge and liability being
duly registered in the Registry Office of the proper district,
county, or registration division :

o
n

S
d
n

10. After one raonl^^b ''lom the deposit of the map or plan
and Book of Reference, and from notice thereof in at least
one newspaper, if there be any. published in each of the dis-
tricts and counties through which the railway is intended
to pass, application may be made to the owners of lands or
to parties empowered to convey lands, or interested in lands
which may suffer damage from the taking of materials or
the exercise of any of the powers granted for the rail A^ay
and thereupon agveements and contracts may be made with
such parties touching the said lands or the compensation to
be paid for the same, or for the damages, or as to the mode
in which such compensation shall be ascertained, as may
seem expedient to both parties ; and in case of disagreement
between them, or any of them, then all questions which
arise between them shall be settled as follows, that is to
say :—

After one
month's no-
tice of deposit
of map, &c.,
applicntlon to
the owner of
lands.

Arbitratioc in
di)fiiult of
agreement

11. The deposit of a map or plan and Book of Reference, Deposit of
and the notice of (such deposit, shall be deemed a general be*eetierft'/'
notice to all the parties, of the lands which will be required notice.

for the railway and works ;

12. The notice served upon the party shall contain, — Notice to op-

posite party ;
• t .. P11T 1 1 n t "■'^^ what it

a. A description of the lands to be taken, or of the powers must contain.
intended to be exercised with regard to any lands, describ-
ing them ;

b. A declaration of readiness to pay some certain sura or
rent, as the case may be. as compensation for such lands or
for such damages ; and —

c. The name of a person to be appointed as the arbitrator

of the companv, if their offer be not accepted ; and such .^
notice shall be accompanied by the certificate of a sworn
Surveyor for the Piovinco in which the lands are situated, ' , .

disinterested in the matter, and not being the arbitrator

named in the notice, —

That the land, if the noiice relate to the taking of land,
shewn on the said map or plan, is required for the railway
or is within the limits of deviation heri'by allowed ;

That he knows the land or the amount of damage likely " t.'>t'
to arise from the exercise of the powers ; and —

That the sum so offered is, in his opinion, a fair com-
pensation for the land, and for the damages aforesaid :

13. If the opposite party is absent from the district or eUe pa°ty°be
county in which the lauds lie, or is unknown, then, upon absent or un-
application to the Judge of the Superior Court for the dis- appiTcaiion to

a Judge.

See B. lOI aa
to P.B.I.

If the County
Judge be in-
terested.

tricl, if it be in the Province of Quebec, or to the Judge of
the County Court for the County, if it be in either of the
Provinces of Ontario or New Brunswick, or to a Judge of
the Supreme Court if it be in the Province of Nova Scotia,
accompanied by such certificate as aforesaid, and by an
affidavit of some officer of the company that the opposite
party is so absent, or that, after diligent enquiry, the party
on whom the notice ought to be served cannot be ascer-
tained, the judge shall order a notice as aforesaid, out
without a certificate, to be inserted three times in the course
of one month in some newspaper published in the district
or county ; or if there be no newspaper published therein,
then in a newsnaper i>ublished in some adjacent district or
county^

14. Whenever any County Judge i.s interested in any
lands taken or required by the company within the coui;ty
in which he is such judge, any jadge of any of the superior
courts in the Province in which the lands are, shall, on the
application of the company, exercise in such cases all the
powers given by this section to the County Judge in cases
in which he is not interested :

Party not 15, jf within ten days after the service of siich notice, or

Company's ^ within one month after the first publication thereof, the

offer, and not opposite party does not notify to the company his accept-

ArbUrator.*" ance of the sum offered by them, or notify to them the name

of a person whom he appoints as arbitrator, then the judge

shall, on the application of the company, appoint a sworn

Surveyor, for the Province, as the case may be, to be sole

Arbitrator for determining the compensation to be paid as

aforesaid :

Appniatment
of Arbitrators
by opposite
party ; third
Arbitrator.

1(5. If the opposite party within the time aforesaid, notifies
to the company the name of his arbitrator, then the two
arbitrators shall jointly appoint a third, or if they cannot
agree upon a third, then the Minister of Public Works shall,
on the application of the party or of the company (previous
notice ol at least two clear days having been given to the
other party), appoint one of the Official Arbitrators to be a
third arbitrator.

Duties of 17. The arbitrators or two of them, or the sole arbitrator,

Arbitrators, being sworn before some Justice of the Peace for the district

or county in which the lands lie, faithfully and impartially

to perform the duties of their office, shall proceed to ascertain

the said compensation in such way as they or he, or a majority

Award of two of them, deem best ; and the award of such arbitrators, or

dent ^"^ ^^y ^^° °^ th«m, or of the sole arbitrator, shall be final and

conclusive ; but no such award shall be made or any official

act be done by such majority, except at a meeting held at

a time and place of which the other arbitrator has had at least

two clear days' iiolice, or to which some meeting at which ^

the third arbitrator was present, had been adjourned ; and
no notice to either of the parties shall be necessary, but each
party shall be held sufficiently notified through the arbitra-
tor appointed by hira, or whose appointment he required :

18. The arbitrators in deciding on such value or com- Arbitrators to

lands.

pensation, are authorized and required to take into considera- c?ea8ed%ai'-
tion the increased value that would bo given to any lands of remaiaing
or grounds through or over which the railway will pass by
reason of the passage of the railway through or over the
same, or by reason of the construction of the railway, and to
set off the increased value that will attach to the said lands
or, grounds, against the inconvenience, loss or damage that
might be suffered or sustained by reason of the company
taking possession of or using the said lands
aforesaid :

or grounds as

ifies
two
mnot
shall,
ious
• the
be a

19, If in any case where three arbitrators have boon Cost?, how
appointed, the sura awarded is not greater than that offered, P"^"^'
the cost of the arbitration shall be borne by the opposite
party, and be deducted from the compensation, but if other-
wise, they shall be borne by the company, and in either
case they may, if not agreed upon, be taxed by the judge :

xanime

20. The arbitrators, or a majority of them, or the sole Arbitrators
arbitrator, may examine on oath or solemn affirmation, the ™n oath^
parties, or such witnesses as voluntarily appear before them
or him, and may administer such oath or affirmation; and
any wilfully false statement made by any witness, under
such oath or affirmation shall be deemed wilful and corrupt
perjury, and punishable accordingly :

21. A majority of the arbitrators at the first meeting after Time within

- -- - - which award

may be made.

their appointment, or the sole arbitrator, shall fix a day on ^^^'^^ award

or before w^hich the award shall be made, and if the same is
not made on or before such day, or some other day to which
the time for making it has been prolonged, either by the
consent of the parties or bv resolution of the arbitrators,
then, the sum offered by the company as aforesaid, shall be
the compensation to be paid by them :

22. If tbe sole arbitrator appointed by the judge, or the Arbitrator
Official Arbitrator appointed by the Minister of Public gy'°4l S'of
Works, or any arbitrator appointed by the parties, or the isgs and 1876.
third arbitrator appointed by the two arbitrators, dies
before the award has been made, or is disqualified,
or refuses or fails to act within u reasonable time, then,
in the case of the sole arbitrator, the judge, upon the
application of either party, and in the case of the Official
Arbitrator, the Minister of Public Works, upon a like
tipplication, the Judge or Minister being satisfied by affi-

•76

Oompeny
may desist,
paying costs.

Surveyor or
Arbitrator
not disquali-
fied unless
personally
interested.

davit or otherwise of such death, disqualification, refusal or
failure, may appoint another arbitrator in his place ; and
in the case of any arbitrator appointed by the parties, the
company and party respectively may each appoint an
.vrbitrator in the place of his arbitrator so deceased or not
acting, and in the case of a third arbitrator appointed by
the two arbitrators, the provisions of the sixteenth sub-
section shall apply, but no recommencement or repetition
of prior proceedings shall be required in any case :

23. Any such notice for lands, as aforesaid, may be
desisted from, and new notice given, with regard to the same
or other lands, to the same or any other party ; but in any
such case the liability to the party lirst notified for all
damages or costs by him incurred in consequence of such
first notice and desistment, shall subsist ;

24. The surveyor or other person offered or appointed
as valuator or as sole arbitrator, shall not be disqualified by
reason that he is professionally employed by either party, or
that he has previously expressed an opinion as to the amount
of compensation, or that he is related or of kin to any mem-
ber of the company, provided he is not himself personally
interested in the amount of the compensation ; and no cause
of disqualification shall be urged against any arbitrator
appointed by the judge after his appointment, but the
objection must be made before the appointment, and its
validity or invalidity shall be summarily determined by the
judge :

25. No cause of disqualification shall be urged against any
arbitrator appointed by the company or by the opposite
party after the appointment of a third arbitrator ; and the
validity or invalidity or any cause of disqualification urged
against any such arbitrator, before the appointment of a
third arbitrator, shall be summarily determined by the
judge, on the application of either party, after two clear
days' notice to the other, and if the cause is determined to
be valid, the appointment shall be null, and the party offer-
ing the person so adjudged to be disqualified, shall be held
not to have appointed an arbitrator : •■.

26. No award shall be invalidated from any want of form
or other technical objection, if the requirements of this Act
have been complied with, and if the aw^ard state clearly the

' -'"' ' sum aw^arded, and the lands or other property, right or
thing for which such sum is to be the compensation ; nor
shall it be necessary that the party or parties to whom the
sum is to be paid, be named in the award :

ma'^b^'^take ^'* ' ^^P<^^^ payment or legal tender of the compensation

on payment or annual rent so awarded or agreed upon to the party

of tender, &c., entitled to rcceivc the same, or upon the payment into

ot sum award- ^ x j

ed.

When ditqua-
lification
mustbeurged.
No objections
admissible
after a third
Arbitrator
hau been ap-
pointea.

Awards not
avoided for
want of form.

Court of the amount of such compensation in tho manner
hereinafter mentioned, tho award or agreement shall vest in
tho company the power forthwith to take possession of tho
lands, or to exercise the right, or to do the thing lur which
such compensation or annual r(Mit has been awarded or
agreed upon, and if any resistance or forcible opposition be
made, by any person to their so doing, tho judge may, on Warrant of
proof to his satisfaction of such award or agreement, issue possession,
his warrant to the sheriff of the district or county, or to a
bailiff, as he may deem most suitable, to put the company in
possession, and to put down such resistance or opposition,
which the sheriff or bailiff, taking with him sufTicient assist-
ance, shall accordingly do :

28. Such warrant may also be granted by any such judge, ifvrhen war-
without such award or agreement, on aflidavit to his satis- rant of pos-
laction that the immediate possession of the lands or of the fg^a*ue°before
power to do the thing mentioned in the notice, is necessary award,
to carry on some part of the railway with whii^h the com-
pany are ready forthwith to proceed :

b. But no judge shall grant any warrant under this sub-
section unless ten days previous notice of the time and place
when and where application for its granting will be made
to him, has been served upon the owner of the land, or the
party empowered to convey tho land, or 'interested in tho
land -sought to be taken, or which may suffer damage from
the taking of materials sought to be taken, or the exercise of
the powers sought to be exercised, or tho doing of the thing
sought to be done, by the railway company ; nor shall any
judge grant any such warrant except upon the company
giving security to his satisfaction, by deposit in a chartered
bank indicated by him, to the credit of the company and
such person or party jointly, of a sum larger than his esti-
mate of the probable compensation, and not less than double
the amount mentioned in the notice served under sub-sec-
tion twelve of this section ; and the cost of the application
to and of any hearing before tlie judge, shall be borne by
the railway company, unless the compensation awarded
shall be less than they had declared their readiness to pay ;
and no part of such deposit or of any interest thereon shall
be repaid or paid to such company or paid to such owner
or party without an order from such judge, which he shall
have power to make in accordance with the terms of the
award.

On what con-
ditions only
Judge msy
grant audi
warrant.

Deposit of
compensation
required, 1879

Deposit to be
paid cut only
on Judge's
order.

29. The compensation for any lands which might be taken When the
without the consent of the proprietor, shall stand in the pompensatit
stead of such lands ; and any claitn to or incumbrance upon the place of
the said lands, or any portion thereof, shall, as against the *^® '»°<l'
company, be converted into claim to the compensation, or to
a like proportion thereof, and they shall bo responsible

Ab to inciim-
hrances, &c ,
upon laDda,
Ac, pnrclias-
ed or taken in
Ontario, NoTA
Hcotia or New
Brunswick.
See H 101 ns
to otlicr Pro-
vinces.

What notice
to be pub-
lialied.

Order cf
Court diatri-
butinf; coin-
pensRtion.

By whom
coat<9 shall be
naid.

When interest
shall be re-
turned to, or
paid hj the
Company.

accordingly whenever they have paid such compenisation, or
any part thereof, to a party not entitled to receive the same,
saving always their recourse against such party.

30. If the company has reason to fear any claims or incum-
brances, or if any party to whom the compensation or annual
rent, or any part thereof is payable, refuses to execute the
proper conveyance and guarantee, or if the party entitled to
claim the same cannot be founc], or is unknown to the com-
pany, or if for any other reason the company deems it advis-
able, the company, may, if the lands are situated in either of
the Provinces of Ontario, Nova Scotia or New Brunswick,
pay such compensation into the office of one of the superior
courts for the Province in which the lands are situated,
with the interest thereon for 'jix months, and may deliver to
the clerk of the oourfc an authentic copy of the conveyance,
or of the award or agreement if there bo no conveyance ;
and such award or agreeiaent shall thereafter be deemed to
be the title of the company to the land therein mentioned :

31. A notice, in such form and for such time as the court
appoints, shall be inserted in some newspaper, if there be
any, published in the district or county in which the lands
are situate, and at the seal of Government of the Province,
which shall state that the title of the company, that is, the
conveyance, agreement or award, is under this Act, and
shall call upon all i^ersons entitled to the land, or to any
part thereof, or representing oi being the husbands of any
parties so entitled, to file their claims to the compensation,
or any part thereof; and all such claims shall be received
and adjudged upon by the court, and the said proceedings
shall forever bar all claims to the lands, or any part thereof
including dower, as well as all mortgages or incumbrances
upon the same ; and the court shall make svich order for
the distribution, payment or investment of the compensa-
tion, and for the securing of the rights of all parties
interested, as to right and justice, and according to the
provisions of this Act and the Special Act, and to law,
appertain :

32. The costs of the proceedings, or any part thereof, shall
be paid by the company, or by any other paity, as the court
may order :

83. If such order of distribution be obtained in less than
six months fvom the payment of the compensation into
court, the court shall direct a proportionate part of the
interest to be returned to the company, indif from any error,
fault or neglect of the company, it is not obtained until after
the six months have expired, the court shall order the com-
pany to pay to the proper claimants the interest for such
further period as may be right.

34. If the lands so taken are situated in the Province of
Quebec, and if the company have reason to fear any such
claim, mortgage, hypothec or incumbrance, or if any party
to whom the compensation or annual rent, or any part there-
of, is payable, refuses to execute tlus proper conveyance and
guarantee, or if the party entitled to claim the compensa-
tion or rent cannot be ibund,ori.s ui5 known to the company,
or if for other reasons the company deems it advisable, the
company may pay such compensation into the hands of the
Prothonotary of the Superior Court for the District
in which the land is situate, with the interest thereon for
six months, and may deliver to the said prothonotary an
authentic copy of the; conveyance — or of the award if there be
no conv^eyance — , and such award shall thereafter be deemed
to be the title of the company to the land therein mentioned,
and proceedings shall thereupon l)ohiid for the confirmation
of the title of the company, in like manner as in other cases
of confirmation of title, except that, in addition to the usual
contents of the notice, the prothonotary shall state that the
title of the company (that is, the conveyance or award) is
under this Act, and shall call upon all persons entitled to
the lands, or any part thereof, or representing or being the
husband of any party so entitled, to file their claims to the
compensation or any part thereof; and all such claims shall
be received and adjudged upon by the court :

Oaie Id which
lands are sit-
uate in P.Q.,
and Company
have reason
to fearincum*
brancos, pro-
vided for.

Special no-
tice in such
case.

85. Such judgment of confirmation shall forever bar all Effect of a
claims to the land or any part thereof (including dower not ionfirmaiion.
yet open) as well as any mortgage, hypothec or incumbrance
upon the same ; and the court shall make such order for the
distribution, payment and investment of the compensation,
and for the security of the rights of all parties interested, as
to right and justice, and the Special Act, and the provisions
of this Act and to law, shall appertain :

36. The costs of the proceedings, or any part thereof, shall By whom
be paid by the company or by any other party, as the court ^'^^ ^" ^*
may order ; and if judgment of confirmation be obtained in '
less than six months from the payment of the compensation
to the prothonotary, the court shall direct a proportionate Interest,
part of the interest to be returned to the company, and if
from any error, fault or neglect of the company, it is not
obtained until after the six months have expired, the court
shall order the company to pay the prothonotary the interest
for such further period as may be right. ,. ,,, , ...

; \//T ■

37. If the railway passes through any land belonging to The case of
or in possession of any tribe of Indians in Canada, or if any i^g\^rou?1i^'
act occasioning damage to their lands be done under the Indian lands
authority of this Act or the Special Act, compensation shall P'o^ided for.
be made to them therefor, in the same manner as is provided

with respect to the lands or rights of other individuals ; and
whenever it is necessary that arbitrators should be chosen
by the parties, the Minister of the Interior is hereby author-
ized and required to name an arbitrator on behalf of the
Indians ; and where the lands belong to the Indians the
amount awarded in any case shall be paid to the said Minis-
ter of the Interior for the use of such tribe or body.

187a.

Power touke 38. Whenever stone, gravel, earth, sand or water is
materials (or required for the construction or maintenance of any railway,
of KoHd. or any part tnereoi, the company may, in case they cannot
agree with the owner of the lands on which the same are
situated, for the purchase thcireof, cause a Land Surveyor
duly licensed to act as such in the Province or Territory, to
make a map and description of the property so required,
and they shall serve a copy thereof with their notice of
arbitration, as in the case of acquiring the roadway ; and
all the provisions of this Act as to the service of the said
notice of arbitration, compensation, deeds, payment of
money into court, the right to sell, the right to convey, a .id
the parties from whom lands maybe taken, or who may sell,
shall apply to the subject-matter of this sub-section, and to
the obtaining materials as aforesaid ; and such proceedings
may be had by the company, cither for the right to the fee-
simple in the land, from which the said material shall be
taken, or for the right to take material ibr any time they
Notice in case shall think necessary ; and the notice of arbitration, i i case
ofarbitra- arbitration is resorted to shall state the interest and powders

tion. 1879. . , ^

required :

187P.

Power to 39. "Whenever any gravel, stone, earth, sand or water

cond*u?ts'°&c' taken as aforesaid, at a distance from the line of the railway,
— ' ' the company may lay down the necessary sidings, water-
pipes or conduits and tracks over or through any lands in-
tervening between the railway and the lands on which such
material or water is found, whatever the distance may be;
and all the provisions of this Act, except such as relate to the
filing of plans and publication of notice, shall apply and
may be used and exercised to obtain the right of way from
the railway to the land on which such materials are situated ;
and such right may be acquired for a term of years or per-
manently, as the company may think proper ; and the
powers in this and the next preceding sub-section contained
may at all times be exercised and used in all respects, after
the railway is constructed, for the purpose of repairing and
maintaining the railway.

May be exer-
cised for
repairing and
maintaining
>ad. I87a.

- hf „^.-i

Provision 40. Whenever, for the purpose of procuring sufficient lands

whdeiotor ^^^ stations or gravel'pits, or for constructing, maintaining
parcel ofiand and using the railway, any land may be taken under the
•an be pur-* compulsory provisions of this section, and by purchasing

the whole of any lot or parcel ol" land over which the railway chued with
is to run, or of which any part may be taken under the said JstY"***^*
provisions, the company can obtflin the same at a more
reasonable price or to j^reater advantage than by purchasing
the roadway line only or only such part an aforesaid, the
company may purchase, hold, use or enjoy the whole of such
lot or parcel, and also the right of way thereto, if the same
be separated from their railway, and may sell and convey
the same, or any part thereof, from time to time, as they
may deem expedient ; but the compulsory provisions of this
Act shall not apply to the taking of any portion of such
lot or parcel not necessary for .the purposes aforesaid.

10. Whenever atiy railway company, subject lor any proceeding
cause to the legislative authority of the Parliament of^a'e?B*re"
Canada, (and whether the provisions of this Act generally quired for the
do or do not for othoi* purposes apply to such company or Mcommoda-
their railway,) requires at any station or place on the line traffic at any
of such railway more ample space for the convenient ac- •Nation or
commodation of the public and of the traffic on the railway ^ **"**
than they then possess or can take without the consent of

the proprietors thereof, the company may cause a plan to be
made of the additional ground required at such station or
place for the purposes aforesaid, not being in actual use for
similar purposes by any other railway company, (and for
the purpose of making such plan shall have the powers
granted to railway companies for making surveys, by the
seventh section of this Act,) and may transmit such plan to
the Minister of Public Works, with an application (supported
by affidavit) on behalf of the company, referring to such
plan and stating that certain grounds shewn thereon is neces-
sary for the purposes aforesaid, and that no other ground
suitable for the purpose can be acquired at such place on
reasonable terms and with less injury to private rights, and
requesting the Minister to authorize the taking thereof for
such purposes under this Act, — of which application ten days
notice shall be given to the owner or possessor of such pro-
perty ; and the correctness of the plan and the truth of the
allegations in such application shall be certified by the Presi-
dent or one of the Directors of the company, and by their
Engineer ; and such plan and statement shall be made and
transmitted to the Minister in duplicate. ...

11. The Minister of Public Works shall inquire into the Certificate of
correctness of the plan and the truth of the allegations of the pubuc* Works
application aforesaid, and being satisfied thereof, shall grant required.

a certificate to that effect, and declaring it to be necessary in ^^^^' ^^
the public interest that the ground shewn on such plan, or
any less quantity should be acquired by ihe company ; and
such certificate shall be annexed to one of the duplicates of
the said plan and statement, and the other duplicate shall
remain in the office of the Minister.
1—6

Effect of BUuli
certificate,
and applica-
tion of certain
provisions of
this Act to
the land cer-
tified as neces-
•ary. 1871.

Sale of land
taken and
not after-;
wards re-
quired. 1871.

Proof of cer-
tificate. 1871,

12. Upon the grantingof such certificate as aforesaid by
the Minister of Public w orks, and by virtue thereof, the
company shall have power to take the ground shewn on the
said plan as required for the purposes aforesaid, without the
consent of the proprietors ; and the company and all cor-
porations or parties who could not otherwise convey the
same to the company, shall have, with respect to any such
ground, all the powers granted by the sections of this Act,
headed " Lands and their Valuation," to railway com-
panies, corporations and parties who could not otherwise
convey the same, with respect to lands which may be +aken
without the consent of the proprietors thereof ; p".^d the
enactments and provisions of the said section, except such as
refer to the map or plan and Book of Reference therein men-
tioned, or as limit the extent of land to be taken, shall apply
and are hereby extended to the ground mentioned in the said
certificate of the Minister of Public Works, and to all the
proceedings connected with or consequent upon the acquir-
ing or taking of such ground, or any part thereof, with or
without the consent of the proprietor; and if at any time
thereafter the company shall not require the whole or any
portion of the land acquired under the sections last afore-
said, then such land as is not so required shall be sold by
public auction after thirty days notice thereof in any news-
paper.

I : ,(

13. Any suchj certificate as aforesaid, purporting to be
signed by the Minister of Public Works, shall be received as
authentic in all courts of law or equity, without proof of
such signature or other evidence, unless its authenticity bo
called in question on behalf of the Crown. , , , ; „ .

Applicatloti
of four next
preceding
lections.
1871.

14. The provisions of the four nezt preceding sections shall
apply to every railway company heretofore, or which may
be hereafter incorporated, and to every railway heretofore
constructed, or now in course of construction or hereafter to
be constructed, as well as to those railways and railway
companies to which this Act is by its provisions declared to
be generally applicable. ,, , , > m ,xc'i.:-.i ,

HIGHWAYS AND BRIDGES.

Railway not
to be carried
alonf; any
bigbway
without leave
from munici-
pal author-
ities.

15. The railway shall not be carried along an existing'
highway, but merely cross the same in the line of the rail-
way, unless leave has been obtained from the proper muni*
cipal or local authority therefor ; and no obstruction of such
highway with the works shall be made without turning
the highway so as to leave an open and good passage for
carriages, and, on completion of the works, replacing the
highway, under a penalty of not less than forty dollars for
any contravention ; but, in either case, the rail itself, pro-
vided it does not rise above nor sink below the surface of

ot
he
ibr

'0*

the road more than one inch, shall not be deemed an obstruc-
tion:

2. No part of the railway which crosses any highway
without being carried over by a bridge, or under by a
tunnel, shall rise above or sink below the level of the high-
way more than one inch ; and the railway may be carried
across or above any highway within the limits aforesaid :

Railway not
to rise more
tbaa one inch
above level of
any highway
when crossing
the same.

Provision
with respect
to existing
bridges over
ra'lways.

3. The span of the arch of any bridge erected for carrying ^e\f^ht and
the railway over or across any highway shall at all times span of
be, and be continued of the open and clear breadth and space, h[ghwayl^'
under such arch, of not less than twenty feet, and of a
height from the surface of such highway to the centre qf

such arch of not less than tw^elve feet : and the descent
under anv such bridge shall not exceed one foot in twenty
feet:

4. The ascent of all bridges erected to carry any highway Ascent of
over any railway shall not be more than one foot in twenty bridges,
feet increase over the natural ascent of the highway : and a

good and sufficient fence shall be made on each side of every
bridge, which fence shall not be less than four feet above the
surface of the bridge : ■ i^

6. Every highway or other overher bridge or other erec-
tion or structure over any railway to ■•. Jch this Act applies,
existing at the time of the passing ox this Act, of which the
lower beams or members of the superstructure are not of a
sufficient height from the surface of the rails to admit of an
open and clear headway of at least seven feet between the
top of the highest freight cars then running on such railway
and the bottom of such lower beams or r .embers, shall,
within twelve months from that date, be reconstructed tc
that effect, with suitable approaches thereto, if a bridge, at
the cost of the railway company, municipality or other
owner thereof, and shall ut ail times thereafter be main-
tained at such height ; and every such railway company,
before using higher freight cars than thoso running on their
railways at the time of the passing of this Act, or of the
reconstrLction, as aforesaid of any such bridge or other erec-
tion or structure, as the case may be, shall after having first
obtained the consent of the municipality, or of the owners
of such bridge or other erection or structure, raise every
such bridge or other erection or structure over their railway
and the approaches thereto, if necessary, at the c^st and
charges of the railway company, so as to admit, as albresaid,
an open and clear headway of not less than seven feet over
the top of the highest freight car then about to be used on
the railway :

{b.) And whenever a highway bridge or any other erec- Highway
tion or stru-ture shall hereafter be constructed over a tail- ^'^^J'^?' **•'

^ _ hereafter coq»

1 —

And as to the
case where
Company is
about to nre
loftier freight
cars. 1879.

Btrnoted over
rail ways to be
made of a cer-
tain heif^ht
above the top
of the highest
freight cara,
and at whose
expense.
1879.

Provision in
case of higher
cars being
used there-
after.

^ /ay, or whenever it shall become necessary to reconstruct
any highway bridge, or other erection or structure already
built over a railway, or to make large repairs to the same,
the lower beams or members of the superstructure of any
such highway or overhead bridge, or of any other erection
or structure over any railway, and the approaches thereto,
shall be constructed or reconstructed at the cost of the rail-
way company or of the municipality or other owner of the
bridge, erection or structure, as the case may be, and shall,
at all times, be maintained, at a sufficient height from the
surface of the rails of the railway to admit of an open and
clear headway of not less than seven feet between the top of
the highest freight cars then running on the railway and
the lower beams or members of such bridge or other erection ;
and thereafter, any railway company, before using higher
freight cars than those running on their railway at the time
of the construction or reconstruction of, or large repair to such
bridge or other erection or structure, shall, after having first
obtained the consent of the municipality, or of the owners of
such highway bridge, or other erection or structure, raise the
said bridge or other erection or structure, and the approaches
thereto, if necessary, at the cost and charges of the railway
company, so as to admit, as aforesaid, an open and clear head-
way of not less than seven feet over the top of the highest
freight car then about to be used, on the railway :

6. Signboards stretching across or projecting over the
highway crossed at a level by any railway, shall be erected
and kept up at each crossing at such height as to leave six-
teen feet from the highway to the lower edge of the sign-
board, and having the words " Eailway Crossing " painted
on each side of the signboard, in letters not less than six
inches in length ; and for any neglect to comply with the
requirements of this sub-section, a penalty not exceeding
forty dollars shall be incurred.

FENCES.

Fences to b« 16. "Within six months after any lands have been taken
each^ifde'of ^^^ *^® ^^^ ^^ *^® railway, the company shall, if thereunto
Railway, with required by the proprietors of the adjoining lands, at their
crossing^ own costs and charges, erect and maintain on each side of
the railway, fences of the height and strength of an ordinary
division fence, with sliding gates, commonly called hurdle
gates, with proper fastenings, at farm crossings of the road,
for the use of the proprietors of the lands adjoining the rail-
way ; and also cattle-guards at all road crossings, suitable
and sufficient to prevent cattle and animals from getting on
the railway :

Com 'an °^ ^' ^^^^^ ^^^^ feuccs and cattle-guards are duly made, the
until cattle Company shall be liable for all damages which may be done
«°"^* *" by their trains or engines to cattle, horses or other animals
on the railway :

Precautions
when Rail-
way crosses a
highway.

3. After the fences or guards have been duly made, and When to b«
while they are duly maintained, no such liability shall accrue "empted.
for any such damages, unless noj.»'1 i gently or wilfully done :

4. If any person rides, leads or drives any horse or any pergone pro-
other animal, or suffers any such horse or other animal to hibited from
enter upon such railway, and within the fences and guards, fr°ac^,*&o., *
other than the farm crossings, without the consent of the jitb cattle,
company, he shall for every such offence forfeit a sum not '
exceeding forty dollars, and shall also pay to the party
aggrieved all damages sustained thereby :

6. No person other than those connected with, or employed uot to walk
by the railway, shall walk along the track thereof, except on track,
where the same is laid across or along a highway :

6. Each and every railway company heretofore incorpor- power to
ated or which may hereafter be incorporated, and subject to ^^o* ^nuw
the jurisdiction of the Parliament of Canada, as well as the adjoining
Government of Canada with respect to all railways con- i»nd8. i873.
structed by or being the property or under the control of the
Dominion of Canada, shall have the right, on and after the ^_ ,,,

first day of November, in each year, to enter into and upon - -y

any lands of Her Majesty, or into and upon the lands of any '^

corporation or person whatsoever, lying along the route or
line of any railway, and to erect and maintain snow fences
thereon, subject to the payment of such land damages (if
any) as may be thereafter established, in the manner pro-
vided by law with respect to sach railway, to have been ■
actually suffered : Provided always, that any snow fences Proviso,
so erected shall be removed on or before the first day of
. April then next following.

TOLLS.

17. Tolls shall be, from time to time, fixed and regulated Tolls to be
by the by-laws of the company, or by the directors, if f^^g^/^^'j^g,
thereunto authorized by the by-laws, or by the shareholders wise,
at any general meeting, and may be demanded and received
for all passengers and goods transported upon the railway,
or in the steam vessels to the undertaking belonging, and
shall be paid to such persons and at such places near to the
railway, in such manner and under such regulations as the
by-laws direct :

2. In case of denial or neglect of payment on demand of How pay-
any such tolls, or any part thereof, to such persons, the same may*be^en"'
may be sued for and recovered in any competent court ; or forced,
the agents or servants of the company may seize the goods
for or in respect whereof such tolls ought to be paid, and
detain the same until payment thereof, and in the mean-
time the said goods shall be at the risk of the owners there-
of:

Tpm^

When if toiii 3. If the tolls are not paid within six weeks, the company
gw)dB*dis^''' ^^y ®®^^ *^® whole or any part of such goods, and out of the
trained may money arising from such sale retain the tolls payable, and all
charges and expenses of such detention and sale, — rendering
the surplus, if any, or such of the goods as remain iinsold, to
the person entitled thereto :

be Bold.

When floods
distrained or

4. If any goods remain iu the possession of the company
detainr d may ^^^^laimed for the spacfe of twelve months, the company may
be sold. thereafter, and on giving public notice thereof by advertise-
ment for six weeks in the Official Gazette of the Province in
V which such goods are, and in such other newspapers as they
( i deem necessary, sell such goods by public auction at a time
and place to be mentioned in such advertisement, and out of
• the proceeds thereof pay such tolls and all reasonable charges

Proceedg,how for Storing, advertising and telling such goods ; and the
dealt with, balance of the proceeds, if any, shall be kept by the com-
pany for a further period of three months, to be paid over
to any party entitled thereto :

How balance 5. In default of such balance being claimed before the

to be disposed expiration of the period last aforesaid, the same shall be paid

over to the Receiver-General, to be applied to the general

purposes of Canada, until claimed by the party entitled

thereto :

A fraction of
A mile or ton
how estimat-
ed in charg-
ing tolls.

Tolls— how 6. All or any of the tolls may, by any by-law, be reduced
reduce" ^^^ again raised as often as deemed necessary for the in-
terests of the undertaking ; but the same tolls shall be pay-
able at the same time and undsr the same circumstances
upon all goods and by all person^;, so that no undue advan-
tage, privilege or monopoly may be afforded to any person or
class of persons by any by-laws relating to the tolls :

7. In all cases, a fraction in the distance over which goods
or passengers are transported on the railway shall be con-
sidered as a whole mile ; and for a fraction of a ton in the
weight of any goods, a proportion of the tolls shall be
demanded and taken, according to the numbers of quarters of
a ton contained therein, and a fraction of a quarter of a ton
shall be deemed and considered as a whole quarter of a ton :

8. The Directors shall, from time to time, print and stick
up, or cause to be printed and stuck up, in the office, and in
all and every of the places where the tolls are to be collected
in some conspicuous place there, a printed board or paper
exhibiting all the tolls payable, and particularizing the price
or sum of money to be charged or taken for the carriage of
any matter or thing.

Tolls to be 9. No tolls shall be levied or taken until approved of by
by tbe^GoTer- ^^^ Governor in Council, nor until after two weekly publica-

Table of tolls
to be itucknp
in offices and
oars.

^87

tions in the Canada Gazette of the by-law establishing such nor in Ooun-
tolls, and of the Order in Council approving thereof : <''••

10. Every by-law fixing and regulating tolls shall be sub- The Governor
ject to revision by the G-overnor in Council, from time to ^'{awg*"
time, after approval thereof ; and after an Order in Council, fixing tolls,
reducing the tolls fixed and regulated by any by-law, has

been twice published in the Canada Gazette, the tolls
mentioned in such Order in Council shall be substituted for ... .-^^t.
those mentioned in the by-law, so long as the Order in
Council remains unrevoked :

11. The Parliament of Canada may, from time to time, When Pariu-
reduce the tolls upon the railway, but not without consent reducrSTiis
of the company, or so as to produce less than fifteen per cent, on Rillways.
per annum profit on the capital actually expended in its con-
struction ; nor unless, on an examination made by the
Minister of Public "Works of the amount received and
expended by the company, the net income from all sources,

for the year then last passed, is found to have exceeded -.> r.
fifteen per cent, upon the capital so actually expended :

12 No by-law of any railway company by which any By-laws im-
tolls are to be imposed or altered, or by which any party Jc"°| be*"'
other than the members, officers and servants of the com- approred by
pany are intended to be bound, shall have any force or effect [^ GoaJiji°°'
until the same has been approved and sanctioned by the
G-overnor in Council.

\-\;>'.

GENERAL MEETING OF SHAREHOLDERS.

18. The shareholders may assemble together at general Shareholders
meetings for purposes connected with or belonging to the M*nera*i meet-
undertaking, and at any annual general meeting, may elect »dk8.
directors in the manner provided by the next
section.

succeeding

PRESIDENT AND DIRECTORS— THEIR ELECTION AND DUTIES.

1©. A Board of Directors of the undertaking to manage its Board of
a,flairs, the number whereof shall be stated in the special Act, b^"ie*cted!°
shall be chosen annually by a majority of the shareholders
voting at such election at a general meeting, the time and
place for which shall be appointed by the Special Act, and if
such election is not held on the day appointed, the directors
shall cause such election to be held within as short a delay
as possible after the day appointed :

2. No person shall be admitted to vote on such subsequent Who entitle^
day except those who would have been entitled to vote had ^^ ^'''"'
the election been held on the day when it ought to have been
held:

.88

v»o»nciei, -S. Vacancies in the Board of Directors bhall bo flUt^d in
fiiied*u ^^ *^® manner prescribed by the by-laws :

Who qualified 4, No person shall be a director unless he is a stockholder,
to^be a Direc- Q-yy^ning stock absolutely in his own right, and qualified to
vote fpr directors at the election at which he is chosen :

OaiiinK of 6. The method of calling general meetings, and the time

special meet- and place of the first meeting of stockholders, for the ap-
">g8i 0" pointment of directors, shall be determined and settled in
the Special Act :

Votes to be in 6. The number of votes to which each shareholder shall

shares'*""* *** ^® entitled on every occasion when the votes of the members

.kvjrru*' - ^^^ *^ ^® given, shall be in the proportion of the number of

shares held by him, unless otherwise provided by the Special

Act:

:\t'.

Shareholders
may rote by
proxy.

Form.

Votes by
proxy to be
Talidf.

*7. All shareholders, whether resident in Canada or else-
where, may vote by proxy, if they see fit ; Provided that
such proxy produce, from his constituent an appointment in
writing, in the words or to the effect following, that is
to say, —

Term of
oflSce of Di-
rectors.

Vacaacies
how supplied.

one of the share-
holders of the , do hereby appoint
of , to be my proxy, and in my absence to vote or
give my assent to any business, matter or thing relating to the
said undertaking, that may be mentioned or proposed at any
meeting of the shareholders of the said company, or any of
them, in such manner as he, the said

thinks proper. In witness whereof, I have hereunto set my
hand and seal, the day of , in the

year

8. The votes by proxy shall be as valid as if the principals
had voted in person ; and every matter or thing proposed or
considered in any public meeting of the shareholders shall
be determined by the majority of votes and proxies then
present and given, and all decisions and acts of any such
majority shall bind the company, and be deemed the decis-
ions and acts of the company :

9. The directors appointed at the last election, or those
appointed in their stead in case of vacancy, shall remain in
oflB.ce until the next ensuing election of directors :

10. In case of the death, absence or resignation of any of
the directors, others may be appointed in their stead by the
surviving directors; but if such appointment be not made,
such death, absence or resignation shall not invalidate the
acts of the remaining directors :

11. The directors shall, at thoir first or at some other President.
meeting after the eleution, elect one of their number to bo the
president of the company, "who shall always, when present, Torm of office.
be the chairman of and preside at all meetings of the direc-
tors, and shall hold his oiiice until he ceases to be a director,

or until another president has been elected in his stead ; and

j-hey may, in like manner, elect a vice-president, who shall vice Presi-

act as chairman in the absence of the president ; *^*°*'

12. The directors at any meeting at which not less than a Quorum.
quorum, to be settled by the Special Act, are present, shall

be competent to use and exercise all and any of the powers
vested m them :

18, The act of a majority of a quorum of the directors Acts of ma-
present at any meeting regularly held, shall be deemed the {he^whoie.'"^
act of the directors :

14. No director shall have more than one vote except the Casting vote.
chairman, who shall, in case of a division of equal numbers,

have the casting vote :

15. The directors shall be subject to the examination and Directors to
control of the shareholders at their annual meetings, and be ghare'SoideM
subject to all by-laws of the company, and to the orders and and by-iawa,
directions from time to time made at the annual or special
meetings, -^such orders and directions not being contrary

to any express directions or provisions of this Act or the
Special Act : T^ "

16. No person holding any office, place or employment in or officers of
being concerned or interested in any contracts under or with Company
the company, shall be capable of being chosen a director, or Directors^
of holding the office of director, nor shall any person being a or contrao-
director of the company enter into, or be directly or indirectly, *°"'

for his own use and benefit, interested in any contract with
the company, not relating to the purchase of land necessary
for the railway, or be or become a partner of any contractor
with the company :

1*7. The directors shall make by-laws for the management Br-iaws for
and disposition of the stock, property, business and affairs of ^*g° ock"&o^
the company, not inconsistent with the laws of Canada, and '

for the appointment of all officers, servants and artificers, and
prescribing their respective duties :

18. The directors shall, from time to time, appoint such May appoint
officers as they deem requisite, and shall take sufficient officers,
security, by one or more penal be s, or by the guarantee of
the Canadian Guarantee Compar or of any society incorpo-
rated for like j "rposes, or otherwise, as they may deem expe-
dient, from the manager and officers for the time being, for

'" '" the safe keeping and accounting for by them respectively of

the moneys raised by virtue of this Act ind the Special Act,

'~ " '" '■ " and for the faithful execution of their offices, as the directors
think proper:

Vi-se-PreBi. 19. Jn case of the absence or illness of the president, the

the absence 'Jfvice-pretident shall have all the rights and powers of the

the Prefi- president, and may sign all notes, bills, debentures and other

*"*' instruments, and perform all acts which by the regulations

and by-laws of the company, or by the Acts incorporating

the company, are required to be signed, performed and done

by the president :

Absence of
President
may be enter-
ed in the
minutes, and
certified, &c.

Directors to
cause annual
accounts to
be rendered.

fiO. The directors may, at any meeting, require the secre-
tary to enter such absence or illness among the proceedings
of such meeting ; and a certificate thereof signed by the
secretary, shall be delivered to any person or persons requir-
ing the same on payment to the treasurer of one dollar, and
such certificate shall be taken and considered as primd facie
evidence of such absence or illness, at and during the
period in the said certificate mentioned, in all proceedings in
courts of justice or otherwise : ,.

21. The directors shall cause to be kept, and annually on
the thirty-first day of December to be made up and balanced,
a true, exact and particular account of the moneys collected
and received by the company or by the directors or man-
agers thereof, or otherwise, for the use of th3 company, and
of the chaj ges and expenses attending the erecting, making,
supporting, maintaining and carrying on of the undertaking,
and of all other receipts and expenditures of the company or
the directors.

CALLS.

Galls, how
made and
after what
notice.

20. The directors may, from time to time, make such
calls of money upon the respective shareholders, in respect
of the amount of capital respectively subscribed or owing by
them, as they deem necessary, and thirty days' notice at the
least shall by given of each call, and no call shall exceed the
prescribed amount determined in the Special Act, or be made
at a less interval than two months from the previous call,
nor shall a greater amount be called in, in any one year, than
the amount prescribed in the Special Act :

Notice of 2. All notices of meetings or of calls upon the shareholders

how publish- o^ ^^^ company shall be published weekly in the Canada
ed. Gazette, which shall be conclusive evidence of the sufficiency

of such notice :

If I

Payment of
callB how to
beowle,

3. Every shareholder shall be liable to pay the amount of
the call so made in respect of the shares held by him to the

persons, and at the times and places from time to time
appointed by the company or the directors :

4. If before or on the day appointed for payment, any intere«t to be
shareholder does not pay the amount of the call, ho shall be chargehbie
liable to pay interest for the same, at the rate of six per ^iib'*' ""
centum per annum, from the day appointed for the payment
thereof to the time of the actual payment :

" 5. If at the time appointed for the payment of any call, Amount of
any shareholder fails to pay the amount of the call, he may ^^i' may be
be sued for the same in any court of competent jurisdiction, by^Buft?
and the same may be recovered with lawful interest from
the day on which the call became payable :

■ l.n

6. In any action or suit to recover any money due upon What aiiega)-'
any call, it shall not be necessary to set forth the special fo^'J^fpg
matter, but it shall be sufficient to declare that the defend- necesaarv ia
ant is the holder of one share or more, stating the number of HH^^'
shares, and is indebted in the sum of money to which the

calls in arrear amount, in respect of one call or more upon
one share or more, stating the number and amount of each
of such calls, whereby an action had accrued to the com-
pany by virtue of the Special Act : i. -

7. The certificate of proprietorship of any share shall be Certificate of
admitted in all courts, as primd facie evidence of the title of ^h?p wi'ma
any shareholder, his executoiR, administrators, successors or /a«e evi-
assigns to the share therein specified ; dence. n;

8. But the want of such certificate shall not prevent the Proviso,
holder of any share from disposing thereof:

9. Any person neglecting or refusing to pay a rateable Penalty for
share of the calls as aforesaid, for the space of two months "fusai to pay
after the time appointed for the payment thereof, shall forfeit

his shares in the undertaking, and all the profit and benefit
thereof, — which forfeiture shall go to the company for the
benefit thereof :

10. No advantage shall be taken of the forfeiture, unless when only
the shares are declared to be forfeited at a general meeting of forfeiture of
the company, assembled at any time after such forfeiture taken advan-
has been incurred : *»8° °^-

11. Every such forfeiture shall be an indemnification to Effect of for-
and for every shareholder so forfeiting against all actions, [?'!*".*«*"
suits or prosecutions whatever, commenced or prosecuted for
any breach of contract or other agreement between such
shareholder and the other shareholders with regard to carry-
ing on the undertaking :

Directors may
■ell forfeited
ibarea.

Oertificate of
Treasurer to
be evidence
of forfeiture
and of title of
purchaser.

12. Tho directors may sell, oithor by public auction or
private sale, and in such manner and on such terms as to
them may seem meet, my shares so declared to be forfeited,
and also any Hhares remaining unsubscribed for in the
capital stock of the company, or pledge such forfeited or
unsubscribed shares for the payment of loans or advances
made or to be made thereon, or of any sums of money bor-
rowed or advanced by or to the company :

13. A certificate of the treasurer of the company that tho
forfeiture of the shares was declared, shall be sufficient
evidence of tho fact, and of their purchase by the purchaser :
and such certificate, with the receipt of the treasurer for
the price of such shares, shall constitute a good title to the
shares ; and the certificate shall be, by the said treasurer,
enregistered in the name and with the place of abode and
occupation of the purchaser, and shall be entered in the
books required to be kept by the by-laws of the company ;
and such purchaser shall thereupon be deemed the holder of
such shares, and shall not be bound to see to the application
of the purchase money, nor shall his title to such shares be
affected by any irregularity in the proceedings in reference
to such sale ; and any shareholder may purchase any shares
so sold :

Interest may 14. Shareholders willing to advance the amount of their
Shareholders** shares, or any part of the money due upon their respective
paying money shares beyond the sums actually called for, may pay the same,
their shares"" ^^^ upou the principal moneys so paid in advance, or so
much thereof as from time to time exceeds the amount of the
'«! calls then made upon the shares in respect to which such

advance is made, the company may pay such interest at the
legal rate of interest for the time being, as the shareholders
paying such sum in advance and the company agree upon ;
but such interest shall not be paid out of the capital sub-
scribed.

DIVIDENDS.

I>eclaration 21. At the general meetings of the shareholders of the
° '" ^° • undertaking from time to time holden, a dividend shall be

made out of the clear profits of the undertaking, unless such

meetings declare otherwise :

2. Such dividend shall be at and after the rate of so much
per share upon the several shares held by the shareholders
in the stock of the company, as such meeting may think fit
to appoint or determine :

toSjaSX* 3- ^^ dividend shall be made whereby the capital of the

capiuL company is in any degree reduced or impaired, or be paid

out of such capital, nor shall any dividend be paid in respect

At so much
per share.

ion or
as to
•feited,
n the
ited or
vances
ey bor-

liat the
fficient
chaser :
arer for
3 to the
sasurer,
do and
in the
npany ;
older of
lication
lares be
Bference
f shares

of their

spective

ne sa'uie,

or so

at of the

ch such

; at the

holders

upon ;

tal sub-

of the
shall be
ess such

60 much
eholders
think fit

I of the
be paid
L respect

of any share, after a day appointed for payment of any call
for money in respect thereof, until such call has been paid :

a •

4. The directors may, in their discretion, until the rail- Direotori may
way is completed and opened to the public, pay interest at on'iumrciiU-
any rate not exceeding six dollars per hundred dollars per ed up in
annum, on all sums called up in respect of the shares, from [ji^rea! "
the respective days on which the same have been paid, such
interest to accrue and be paid at such times and places as

the directors may appoint for that purpose :

5. No interest shall accrue to the proprietor of any share No intereit
upon which any call is in arrear in respect of such share or °°j|^"*' '"
upon any other share held by the same shareholder while

such call remains unpaid.

' SHARES AND THEIR T^IANSFKR.

22. Shares in the undertaking may, by the parties, be Shareholders
sold and disposed of by instrument in writing, to be made ^fYhares""
in duplicate, one part of which shall be delivered to the
directors, to be filed and kept for the use of the Company,
and an entry thereof shall be made in a book to be kept for
that purpose; and no interest or dividend on the shares
transferred shall be paid to the purchaser until such dupli-
cate is so delivered, filed and entered :

.ii>iM),. •

■Iv

2. Sales shall be in the form following, varying the namds Form of sale
and descriptions of the contracting parties as the case may
require : —

I, A.B., in consideration of the sum of , paid to

me by CD., hereby do sell and transfer to him share (or
shares) of the stock of the , to hold to him, the

said CD., his heirs, executors, administrators and assigns,
subject to the same rules and orders, and on the same condi-
tions that I held the same immediately before the execution
hereof And I, the said CD., do hereby agree to accept of
the said share {or shares) subject to the same rules,

orders and conditions. Witness our hands this
day of in the year 18 :

3. The stock of the company shall be deemed personal Stock to be
estate, but no shares shall be transferable until all previous eatate— No
calls thereon have been fully paid in, or the said shares have transfer of
been declared forfeited for the non-payment of calls thereon ; Bhlre°
and no transfer of less than a whole share shall be valid :

4. If any share in the company be transmitted by the Transmission
death, bankruptcy or last will, donation or testament, or by °[^''*!?"
the intestacy of any shareholder, or by any lawful means transfer* pr<?^
other than the transfer hereinbefore mentioned, the party to '^'^^^^ fo'-

whom snch share is transmitted shall deposit in the office
of the company a statement in writing, si jned by him, de-
claring the manner of. such transmission, together with a
duly certified copy or probate of such will, donation or tes-
tament, or sufficient extracts therefrom, and such other
documents or proof as may be necessary ; and without «uch
proof the party shall not bo entitled to receive any s' a of
the profits of tne company, nor to vote in respect of an^
share as the holder thereof:

'/: ■

Cotnpnny not
bound to ice
to the execu-
tion of truiti.

The company shall not be bound to see to the execu-
tion of any trust, whether express, implied or constructive,
to which any of the shares may be subject; and the receipt
of the party in whose name any share stands in the books
of the company, or if it stands in the name of r^o- rtarties
than one, the receipt of one of the parties na^ ' ^, ; the
register of shareholders shall, from time to tii.i»^, bo a
sufficient discharge to the company for any dividend or
other sum of money i)ayable in respect of the share, notwith-
standing any trust to which the share may then be subject,
and whether or not the company have had notice of the
trusts ; and the company shall not be bound to see to the
application of the money paid upon such receipt : , i (...

Company not 6. The funds of the company shall not be employed in
In thefr own* *^^ purchase of any stock in their own or in any other

or any other Company,
companies.

■ SHAREHOLDERS. '' '

Shareholders 23. Each shareholder shall be individually liable to the
iia1)ie*^and^to Creditors of the company to an amount equal to the amount
what extent, unpaid on the stock held by him, for the debts and liabili-
ties thereof, and until the whole amount of his stock has
been paid up ; but shall not be liable to an action therefor
before an erecution against the company has been returned
unsatisfied in whole or in part :

When and
bow munici-
pal corpora-
tions may
take stock,

2. Municipal corporations in any Province in Canada
being duly empowerad so to do by the laws of the Province,
and subject to the limitations and restrictions by such laws
prescribed, may subscribe for any number of shares in the
capital stock of the company ; and the Mayor, "Warden or
Reeve, or other head of any such corporation holding stoc k
to the amount of twenty thousand dollars or upwards, shall
be ex officio one of the directors of the company in addition
to the number of directors authorizod by the Special Act :

Account of S. A true and perfect account of the names and places of

relSdenM of ^^hode of the several shareholders shall be entered in a book

Shareholders to be kept for that purpose.

to b« kept.

)yed in
r other

BY-LAWS, NOTICES, &C. *

2i. All by-lnw8, rules nnd orders regularly made, shall Bj-Uwi to tw
be put into writing and signed by the chairman or person fn"(c,'»nd*''*
presiding at the meeting at which they are adopted, and iiRned by
shall be kept in the office of the company ; and a printed Ch»i"n»D.
copy of so much of them as relates to or affects any party
other than the members or servants of the company, shall
be affixed openly in every place where toll's are to be gathered;
and a printed copy of so much of them as relates to the
safety and liability of passengers shall be openly affixed in
each passenger car, — and in like manner so often as any
change or alteration is made to the same ; and any copy of " "

the same, or of any of them, certified as correct by the
President or Secretary, shall bo evidence thereof in any
court : . .

2. All such by-laws, rules and orders shall be submitted By-laws to be
from time to time to the Governor for approval : o'oTernor/'*

3. Copies of the minutes of proceedings and resolutions of Copies of
the shareholders of the company, at any general or special ",',>„"*"«> ***
meeting, and of the minutes of proceedings and resolutions endence.
of the directors, at their meetings, extracted from the
minute-books kept by the Secretary of the company, and by
him certified to be true copies extracted from such minute-
bool s, "=hall be evidence of such proceedings and resolutions
in anv court :

anada
ovince,
laws
in the
den oT
stock
, shall
idition
Act :

laces of
a book

4. All notices given by the Secretary of the company, by Noticeaby
order of the directors, shall be deemed notices by the ^^jj^'**'^
directors and company.

WORKING OF THE UAILWAY.

Ji5. Every servant of the undertaking employed in a pas- Serrants to
senger train or at a station for passengers, shall wear upon ^ear badges,
his hat or cap a badge, which shall indicate his ofiice ; and
he shall not, without such badge, be entitled to demand or
receive from any passenger any fare or ticket, or to exercise
any of the powers of his office, or to interfere with any pas-
senger or his baggage or property :

2. The trains shall be started and run at reguh' Sours to Trains to
be fixed by public notice, and shall furnish sufficieL . accom- start at
modation for the transportation of all such passengers and houM*"^
goods as are within a reasonable time previous thereto offered
lor transportation at the place of starting, and at the junc-
tions of other railways and at usual stopping-places estab-
lished for receiving and discharging way-passengers and
goods from the trains :

fl^

Carriage on
payment of
fare or
freight.

3. Snch passengers and poods shall be ttiken, transported
and discharged at, from and to such places, on the due pay-
ment of the ' '.], freight or fare legally authorized therefor :

The Company 4. The party aggrieved by any neglect or refusal in the
liable for premises, shall have an action therefor against the company ;
w^isaj. °' from which action the company shall not be relieved by any
1868 and 1871. notice, condition or declaration, if the damage arises from
any negligence or omission of the company or of its servants :

Checks to be
fixed on
parcels.

Penalty for
ret using to
give checks.

5. Checks shall be affixed by an agent or servant to every
parcel of baggage having a handle, loop or fixture of any
kind thereupon, and a duplicate of such check shall be
given to the passenger delivering the same :

6. If such check be refused on demand, the company shall
pay to such passenger the sum of eight dollars, to be recovered
in a civil action ; and further, no fare or toll shall be col-
lected or received from such passenger, and if he has paid
his fare the sama shall be refunded by the conductor in charge
of the train :

Passenger a 7. Any passenger producing such check may himself be a
witness^in his witness in any suit brought by him against the company to
prove the contents and value of his baggage not delivered
to him ; ,

Baggage cars 8. The baggage, freight, merchandise or lumber cars shall

reaVof^^a'" ^^^ ^^ placed in rear of the passenger cars, and if any such

senger cars", be SO placed, the officer or agent directing or knowingly

suffering such arrangement, and the conductor of the train,

shall severally be guilty of -x misdemeanor, and be punished

accordingly :

LocomotiTes 9. Every locoinotive engine shall be furnished with a bell
and whistles. ®^ ^^ ^^^^ thirty pounds weight, and with a steam whistle ;

To be rung or 10. The bell shall be rung, or the whistle sounded at the

sounded at-- -. .. --

every cross
ing, &c.

Penalty and
damages.

distance of at least eighty rods from every place where the
railway crosses any highway, and be kept ringing or be
sounded at short intervals, until the engine has crossed euch
highway, under a penalty of eight dollars for every neglect
thereof, to be paid by the company, who shall also be liable
for all damages sustained by any person by reason of such
neglect ; and one-half of such penalty and damages shall be
chargeable to and collected by the company from the engineer
having charge of such engine and neglecting to sound the
whistle or ring the bell as aforesaid :

Intoxication 11. Any person in charge of a locomotive engine or acting
-^-i*!.V«?- as the conductor of a car or train of cars, who is intoxicated,

conductor a i. n i. -li. r • j

misdemeanor. Shall be guilty of a misdemeanor :

•9t

the
the
)r be
I such
tglect
liable
such
Lll be
rineer
the

Icting
mted,

12. Any passenger refusing to pay his fare, may, by the pasgenger
conductor of the train and the servants of the Company, be refusing to
put out of the train, with his baggage, at any usual stopping Se^t'ou™"^
place, or near any dwelling-house, as the conductor elects,

the conductor first stopping the train and using no unneces-
sary force :

13. Any person injured while on the platform of a car, or PassenKer to
on any baggage, wood or freight car, in violation of the jn^j °red^*™
printed regulations posted up at the time in a conspicuous when on plat-
place inside of the passenger cars then in the train, shall ^™ ^'^ ^"''
have no claim for the injury, provided room inside of such
passenger cars, sufficieuc for the proper accommodation of , ^
the passengers, was furnished at the time :

14. No passenger shall be entitled to carry, or require the As to goods
Company to carry upon their railway, aquafortis, oil of nature*'*'""'
vitriol, gunpowder, nitre-glycerine, or any other goods which

in the judgment of the Company may be of a dangerous
nature ; and if any person sends by ilie said railway any They most be
such goods without, at tlie time of so sending the said goods, marked,
distinctly marking their nature on the outside of the pack-
age containing the same, and otherwise giving notice in
writing to the station-master or other servant of the Com-
pany with whom the same are left, he shall forfeit to the
Company the sum of five hundred dollars for every such .othas^

ofience :

16 the Company may reluse to take any package or Dangerous
parcel which they suspect to contain goods of a dangerous refused!'*^ ***
nature, or may require the same to be opened to ascertain
the fact ; and it shall not be lawful for che Company to carry In what man-
any such goods of a dangerous nature except in cars specially goods must be
designated for that purpose, on each side of each of which carried. 1868
shall be plainly painted in large letters the words " danger- ^^^ ^^^^'
ous explosives" ; and for every default of the observance of
this provision the Company shall be liable to forfeit and pay
the Bum of five hundred dollars, to be recovered by any
person suing for the same

TRAINS OVERDUE.

26. It shall be the duty of every railway Company, upon Duty of
whose road there is a telegraph line in operation, to have a K.^.Therr*
blackboard put upon the outside of a station-house, over the train is orer-
platform of the station, in some conspicuous place at each ^"'"
station of such Company at which there is a telegraph office ;
and when any passenger train is overdue for half an hour at
any such station according to the time table of such Com-
pany, it shall be the duty of the station-master or person in
charge at such station to write or cause to be written with
white chalk on such blackboard a notice in English and Notice to b«
French in the Province of Quebec, and in English in the ^**^*"* ^^'
1— t

98*

and whkt to
■how.

Penalty for
contraTea-

Buita for
penalty, how
brought.
1873.

.' 'M .

Application
of penalty
And limita-
tion of
actions.

ProTiso.

This section
to be posted
np at stations.
1873.

other Provinces, stating to the best of his knowledge and
belief the time when such overdue train may be expected to
reach such station ; and if when that time has come, the
train has not reached the station, it shall be the duty of the
station-master or person in charge of the station to write or
cause to be written on the blackboard in like manner a fresh
notice, stating, to the best of his knowledge and belief, the
time when such overdue train may then be expected to reach
such station. And every such railway Company, station
master or person in charge at any such station, shall be
liable to a penalty not exceeding five dollars for any wilful
neglect, omission or refusal to obey the provisions aforesaid ;
and any proceeding for the recovery of any such penalty
may be brought, in the Province of Quebec, before any two
Justices of the Peace or before the Circuit Court of the dis-
trict or of the county in which district or county such station
is situate, and, .in the other Provinces, belore any two
Justices of the Peace or the Stipendiary or Police Magistrate
for the city, town, district or county in which such station
is situate :

The penalty recoverable under the provisions of this
section shall belong to the Crown ; and every proceeding
brought by virtue of this section shall be commenced within
one month following the commission of the offence and
not after ; but nothing in this section shall prejudice the
right of any person to the recovery of damages from any
such railway Comr>iny by reason of the detention of trains
as aforesaid; and evjry such railway Company is hereby
required to have v. .inted copy of this section posted up in
a conspicuous place at each of its stations at which there is
a telegraph ojfice.

Limitation of
actions tor
damages.

Fines, how
recovered.

ACTIONS FOR INDEMNITY ; AND FINES AND PENALTIES AND

THEIR PROSECUTION.

27. All suits for indemnity for any damage or injury
sustained by reason of the railway shall be instituted within
six months next after the time of such supposed damage
sustained, or if there be continuation of damage, then within
six months next after the doing or committing such damage
ceases, and not afterwards ; and the defendants may plead
the general issue, and give this Act and the Special Act and
the special matter in evidence at any trial to be had there-
upon, and may prove that the same was done in pursuance
of and by the authority of this Act and the Special Act :

2. All fines and forfeitures imposed by Part First of this
Act, or the Special Act, or by any by-law, except those for
the levying and recovering of which special provision is
herein made, shall be recovered in a summary manner
before any one or more Justice or Justices of the Peace for
the district, county or place where the act occurred :

8. All the fines, forfeitures and penalties recovered under How appll-
the next preceding paragraph, the application whereof is not '^^^^'
hereinbefore particularly directed, shall be paid into the
hands of the treasurer of the Company, to be applied to the
use thereof ;

4. Any contravention of this Act or of the Special Act by Oontraven-
the Company or by any other party, for which no punish- ^°° ^c ''to
ment or penalty is herein provided, shall be a misdemeanor, be a mie'^e-
and shall be punishable accordingly ; but such punishment °»eaaor.
shall not exempt the Company, if they be the oflFending proTiso.
party, from the forfeiture by this Act and the Special Act, of
the privileges conferred on them by the said Acts, if by the
provisions thereof or by law, the same be forfeited by such
contravention.

GENERAL PROVISIONS.

AND

lere-
lance

this

for

n is

ner

for

28. Her Majesty's Mail, Her Majesty's Naval or Military provision aa
Forces or Militia, and all artillery, ammunition, provisions *? ^^^ car-
or other stores lor their use, and all policemen, constables Stfe^s^y's *'
or others travelling on Her Majesty's service, shall at all Mail, &c.
times, when required by the Postmaster General of Canada,
the Commander of the Forces, or any person having the
superintendence and command of any Police Force, and
with the whole resources of the Company if required, be
carried on the railway, on such terms and conditions, and
under such regulations as the Governor in Council may
make:

2. The Company shall, when required so to do by the ooTemment
Governor in Council, or any person authorized by him, place *» *>»▼« «»■
any electric telegraph, and the apparatus and operators teSjjtraph^if'
they may have, at the exclusive use of the Government, required,
receiving thereafter reasonable compensation tor such service :

8. The Governor may, at any time, cause a line or lines Telegraph
of electric telegraph to be constructed along the line of the line may be
railwayj for the use of the Government, and for that pur- by°GoTernor.
pose may enter upon and occupy so much of the lands of the
Company as may be necessary for the purpose :

4. Any further enactments which the Parliament of farther
Canada may hereafter make, for the carriage of the Mail or *°**'*^°°*",
Her Majesty's Forces, and other persons and articles as |^*^arii™* *
aforesaid, or the tolls therefor, or in any way respecting the ment.
use of any electric telegraph or other service to be rendered
to the Government, shall not be deemed an infringement of
the privileges intended to be conferred by this Act or the
Special Act :

1-n

100

Tenders to be 5. No contracts for works of construction or maintenance
fo7 asto** of the railway, except works of ordinary repair, or of im-
works not of mediate necessity, shall be entered into until after tenders
immediate for guch works respectively have been invited by public
notice therefor, given for at least four weeks in some news-
paper published in the place nearest to that at which the
work is required to be done, but the Company shall not be
compelled to accept any such tender :

neceaiitj.

Period for
snbicripticn
of Capital,
and com-
pletion of
Railway.

6. If the construction of the railway be not commenced,
and ten per cent, en the amount of the capital be not ex-
pended thereon, within three years after the passing of the
Special Act, or if the railway is not finished and put in
operation in ten years from the passing of such Special Act,
the corporate existence and powers of the Company shall
cease :

Aceonat to be
nabmitted to
Legislature
yearly.

Ponn or
details of
aoconnt may
be varied by
Parliament.

7. After the opening of the railway or any part thereof
to the public, and within the first fifteen days after the
opening of each Session of Parliament, an account shall be
annually submitted to the three branches containing a
detailed and particular account, attested upon oath of the
President, or in his absence, of the Vice-President, of the
moneys received and expended by the Company, and a
classified statement of the passengers and goods transported
by them, with an attested copy of the last annual statement :

8. No further provisions which Parliament may hereafter
make with regard to the form or details of such account, or
the mode of attesting or rendering the same, shall be deemed
an infringement of the privileges hereby granted to the
Company:

Parliament 9. Parliament may at any time annul or dissolve any
an*/ Corpora- corporation formed under this Act ; but such dissolution
tion formed shall not take away or impair any remedy given against any
under t is g^^^j^ corporations, its shareholders, officers, or servants, for
any liability which had been previously incurred :

SavinB of 10. Nothing herein contained shall afiect in any manner

ifghul^&a^'* the rights of Her Majesty, or of any person, or of any body

pohtic, corporate or collegiate, — such only excepted as are

herein mentioned.

Woifd "Com-
pany" what
to mean.
1876.

RAILWAY STATISTICS.

29. In this and the five next following sections the , term
" Company " means a Company incorporated either before or
after the passing of this Act, for the purpose of constructing,
maintaining or working a railway in the Dominion, or in
any Province thereof, or connecting any Province with any
other or others of the Provinces, or extending beyond the

101

;erm

e or

ing,

any

the

limits of any Province, by any Act of the Parliament of
Canada, or of the late Province of Canada, or of the Legisla-
tures of the late Provinces of Upper Canada, Lower Canada,
Nova Scotia, New Brunswick, British Columbia, or Prince
Edward Island, or of the Legislatures of any of the Provinces
composing the Dominion of Canada (either alone or in con-
junction with any other purpose), and includes any indivi-
dual or individuals not incorporated, who ' are owners or
lessees of a railway in the Dominion, or parties to an agree-
ment for working a railway in the Dominion :

The term " person " includes a body corporate. Person.

1876.

80. Every Company shall annually prepare returns of their Oompaniei to
capital in accordance with the form contained in Schedule returas^o*''^
One to this Act, and a copy of such returns signed by the QoTemment;
President or other head officer of the Company resident in foi^'^Jd''*'
Canada and by the officer of the Company responsible for the with what
correctness of such return or any part thereof, shall be for- iIt^J'*'
warded by the Company to the Minister of Public "Works,
not later than three months after the end of the calendar
year ; together with a copy of the then last annual return
of the traffic and working expenditure which every such
Company is required to keep, in accordance with the pro-
visions of their respective Acts of incorporation, to be verified
in manner and form aforesaid, and furnished in such form as
the Minister of Public Works shall approve of or prescribe.
Any Company which fails to forward the said returns in
accordance with the provisions of this section, shall be liable
to a penalty not exceeding ten dollars for every day during
which such default continues

)j(

Weoklv re-
tarns for pub-
lication to be
famished hj
Oompanies ;
and copy to
be posted up
in Head
Office. 1875.

81. Every Compi ly shall weekly prepare returns of their
traffic for the last preceding seven days in accordance with
the form contained in Schedule Two to this Act, and a copy
of such returns signed by the officer of the Company respon-
sible for the correctness of such return, shall be forwarded
by the Company to the Minister of Public Works within
seven days from the day in each week to which the said
returns snail have been prepared ; and another copy of each
of such returns, signed by the same officer, shall be posted up
by the Company within the same delay, and kept posted up
for seven days, in some conspicuous place in the most public
room in the head office of the Company in Canada, and so as
the same can be perused by all comers ; and free access
thereto shall be allowed to all comers during the usual hours
of business at such office on each day of* the said seven not
being a Sunday or holiday :

And every Company which fails to forward the said weekly Penalty for
return to the Minister of Public Works, or which fails to jlJ"**'
post up and keep posted up a copy thereof as aforesaid, and

102

allow free access thereto as aforesaid, shall be liable to a
penalty not exceeding ten dollars lor every day during which
such default continues.

Penalty for
false retara.
1876.

32. If any return which is required by the two next pre-
ceding sections is false in any particular to the knowledge
of any person who signs the same, such person shall be
liable, on conviction thereof on indictment, to fine and im-
prisonment, — such fine not to exceed two hundred and fifty
dolii.^s :

How recover-
able. 1878.

2. All penalties imposed by this or the two next preceding
sections shall be recoverable by the person suing for the
same for his own use and benefit in any court having juris-
diction in civil cases to the amount.

Pariutn^t **' '^^^ Minister of Public Works shall lay before both
im*"*"' Houses of Parliament within twenty:one days from the com-
mencement of each Session, the returns made and rendered
to him, in pursuance of section thirty of this Act.

ReturDB to be

priTileged.

187S.

34. All returns made in pursuance of any of the provisions
of this Act, shall be privileged communications, and shall
not be evidence in any court whatsoever.

PART SECOND.

THE RAILWAY COMMITTEE.

Railway

Committee

constituted.

Dnties.

35. The Governor Greneral may, from time to time, ap-
point such Members of the Privy Council, to the number of
four at least, as he may see fit, to constitute the Eailway
Committee of the Privy Council, and such Committee shall
have the powers and perform the duties assigned to them
by this Act.

Railway not

to be opened

till after one

- -

month's

notice to

Railway

Committee

of intention

■• ,;^

to open the

|! ^^

game.

f ^

i i '^^'

i 1

: 1

'^' •£•'

Mar appoint 36. The Railway Committee shall appoint one of its mem-
a^^Hecw- ^®^^ *® ^® Chairman, and the Deputy of the Minister of Public
tary. ' "Works, or some other fit person appointed by the Committee,
shall be the Secretary of the Committee.

37. No railway or portion of any railway shall be opened
for the public conveyance of passengers until one month after
notice in writing of the intention to open the same has been
given by the Compftny to whoiti the railway belongs to the
Railway Committee, and until ten days after notice in writing
has been given by the Company, to the Railway Committee,
of the time when the railway or portion of railway will be,
in the opinion of the Company, sufficiently completed for
the safe conveyance of passengers, and ready for inspection.

103

88. If any railway or portion of a railway be opened Penalty for
without such notices, the Company to whom such Railway ^jj,"*'*^'"'
belongs shall forfeit to Her Majesty the sum of two hundred
dollars for every day during which the same continues open,
until the notices have been duly given and have expired.

Railwaj
Oommittee
npon report
or an engi-
neer and
sanction of
Gorernor in
Oounoil maj
postpone the
opening of
road.

89. The Railway Committee, upon receiving such notifi-
cation, shall direct one or more of the engineers attached to
the Department of Public "Works to examine the railway
proposed to be opened, and all bridges, culverts, tunnels,
road crossings and other works and appliances connected
therewith, and also all engines and other rolling-stock
intended to be used thereon ; and if the inspecting engineer
or engineers report in writing to the Railway Committee
that, in his or their opinion, the opening of the same would
be attended with danger to the public using the same, by
reason of the incompleteness of the works or permanent
way, or the insufficiency of the establishment for working
such railway, together with the ground of such opinion, the
Railway Committee, with the sanction of the Governor in
Council, and so from time to time, as often as such engineer
or engineers, after further inspection thereof so report, may
order and direct the Company to whom the railway belongs
to postpone such opening not exceeding one month at any
one time, until it appears to the Committee that such open- •
ing may take place witbout danger to the public.

4.O. If any railway, or any portion thereof, be opened con- penalty for
trary to such order or direction of the Railway Committee, opening con-
the Company to whom the railway belongs shall forfeit to ©rdM of the
Her Majesty, the sum of two hundred dollars for every day Oommittee.
during which the same continues open contrary to such
order or direction.

41. No such order shall be binding upon any railway when only
Company unless therewith is delivered to the Companv a l^'^^. °I?®' ^'^

^ n A. J. !• j.i_ • L' • . ^ J be binding on

copy of the report oi the inspecting engineer or engineers on the Company.
which the nider is founded.

42. The Railway Committee, whenever they receive in-
formation to the eflfect that any bridge, culvert, viaduct,
tunnel, or any other portion of any railway, or any engine,
car, or carriage used or for use on any railway, is dangerous
to the public using the same, from want of repair, insufficient
or erroneous construction or from any other cause, or when-
ever circumstances may arise which, in their opinion, render
it expedient, may direct any engineer or engineers as
aforesaid to examine and inspect the railway or any portion
thereof, or of the works connected therewith, or the engines
and other rolling stock in use thereon or any portion thereof;
and upon the report of the engineer or engineers may
condemn the railway, or any portion thereof, or any of the

Committee
may cau8&
any work to
be inspected
and may.on
report of
engineer,
condemn
railway or
rolling stock
with sanction
of Governor
in Council
and may or-
der certain
alterations in
the works,
Ac.

104

Inspecting
engineer
may, in caae
of dncffer,
forbid the
running of
trains, Me-

Must report
to the Oom-
mittee, who
may confirm
or disallow
his order.

Power of
engineer to
examine the
works, &o.

Oompany
to afford all
necessary
information
to eogineer.

Tolling-stock or other appliances used thereon, and with the
approval of the Governor in Council, may require any change
or alteration therein or in any part thereof, or the substitu-
tion of any nev7 bridge, culvert, viaduct or tunnel, or of any
material for the said railway ; and thereupon the Company
to which such railway belongs, or the Company using,
running or controlling the same, shall, after notice thereof
in writing signed by the Chairmain of the Committee and
countersigned by the Secretary thereof, proceed to make good
or remedy the defects in the said portions of the railway, or
in the locomotive, car or carriage which have been so con-
demned, or shall make such change, alteration or substitution
hereinbefore referrc\ to, as has been required in manner
aforesaid by the Committee.

43. If in the opinion of any such engineer, it is danger-
ous for trains or vehicles to pass over any railway, or any
portions thereof, until alterations, substitutions or repairs
have been made thereon, or that any particular car, carriage
or locomotive should be run or used, the said engineer may
forthwith forbid the running of any train or vehicle over
such railway or portion of railway, or the running or using
of any such car, carriage, or locomotive, by delivering or
causing to be deliverer! to the President, Managing Director,
or Secretary or Superintendent of the Company owning,
running or using such railway, or to any officer having the
management or control of the running of trains on such
railway, a notice in writing to that effect with his reasons
therefor, in which he shall distinctly point out the defects or
the nature of the danger to be apprehended.

44. The inspecting engineer shall forthwith report the
same to the Railway Committee, who, with the sanction of
the Governor in Council, may either confirm, modify or dis-
allow the act or order of the inspecting engineer, and such
confirmation, modification or disallowance shall be duly
notified to the railway Company affected thereby.

45. Any engineer or engineers so appointed as aforesaid
to inspect any railway or works, may at all reasonable times,
upon producing his or their authority if required, enter upon
and examine the said railway and the stations, fences or
gates, road crossings, cattle-guards, works and buildings,
and the engines, cars and carriages belonging thereto.

46 Every railway Company and the officers and directors
thereof shall afford to the inspecting engineer or engineers
such information as may be within their knowledge and
power in all matters inquired into by them, and shall sub-
mit to such inspecting engineer or engineers, all plans,
specifications, drawings and documents relating to the
construction, repair or state of repair of such railway or any
portion thereof, whether a bridge, culvert or other part :

106

ctors
neers
and
snb-
>lans,
the
any

2. Any such inspecting engineer shall have the right, Engineer to
whilst engaged in the business of such inspection, to travel ^® oom*»DT
without charge on any of the ordinary trains running on
the railway, and to use the telegraph wires and machinery
in the offices of or under the control of any such railway
Company:

8. The operators or officers employed in the telegraph offices Telegraph
of or under the control of the Company, shall, without operatora to
unnecessary delay, obey all orders of any such inspecting ^^^J '"* *"''
engineer for transmitting messages ; and any such operator
or officer refusing or neglecting so to do, shall forfeit for
every such offence the sum of forty dollars :

4. The authority of any such inspecting engineer shall be proof of hia
sufficiently evidenced by instructions in writing, signed by authority.
the Chairman of the Railway Committee, and countersigned
by the Secretary thereof.

47. The Grovernor in Council, upon the report of the Rail-
way Committee, may au<»horize or require any railway
Company to construct fixed and permanent bridges, or to
substitute such bridges in the place of the swing, draw or
moveable bridges on the line of such railway, within such
time as the Grovernor in Council directs ; and for every day
after the period so fixed during which the Company uses
such swing, draw or moveable bridges, the Company shall
forfeit and pay to Her Majesty the sum of two hundred dol-
lars ; and it shall not be lawful for any railway Company
to substitute any swing, draw or moveable bridge in the
place or stead of any fixed or permanent bridge already built
and constructed withoTit the previous consent of the Rail-
way Committee.

48. In any case where a railway is constructed, or autho-
rized to be constructed, across any turnpike road, street or
other public highway, on the level, the Railway Committee,
if it appears to them necessary for the public safety, may,
with the sanction of the Governor in Council, authorize and
require the Company to whom such railway belongs, with-
in such time as the said Committee directs, to carry such
road, street or highway either over or under the said rail-
way, by means of a bridge or arch, instead of crossing the
same on the level, or to execute such other works as under
the circumstances of the case appear to the said Committee
the best adapted for removing or diminishing the danger
arising from such level crossing ; and all the provisions of
law at any such time applicable to the taking of land by
railway Companies and its valuation and convevance to
them, and to the compensation therefor, shall apply to the
case of any land required for the construction of any works
for effecting the alteration of such lev^l crossing.

Governor
may order
permanent
bridges to be
substituted
for moveable
bridges.

Penalty f jr
neglect.

Certain pow-
ers vested in
Railway
Committee
with respect
to crossing
public high'
ways, on n
level.

106

Railway
Company
may be re-
quired to re-
pair any lerel
croKBinf; out
of repair.

Inspecting
Engl Beer's
certificate to
becoDcIusire.

Proviso.

49. Whenever any level crossing on any railway shall bo
out of repair, the chief officer of the municipality, or other
local division, having jurisdiction over the highway so
crossed, may serve a notice upon the Company in the usual
manner, requiring the repair to be forthwith made, and if
the Company shall not forthwith make the same, such ofi&cer
may transmit a copy of the notice so served to the Secretary
of the Railway Committee : and thereupon it shall be the
duty of the Committee, with all possible despatch, to ap-
point a day for an examination into the matter ; and the
Committee shall, by mail, give notice to such chief officer,
and to the Company, of the day so fixed ; and upon the day
so named such crossings shall be examined by an engineer
appointed by the Railway Committee ; and any certificate
under his hand shall be final on the subject so in dispute
between the parties ; and if the said engineer determines
that any repairs are required, he shall specify the nature
thereof in his certificate, and direct the Compony to make
the same ; and the Company shall thereupon, with all possi-
ble despatch, comply with the requirement of such certifi-
cate ; and in case of default i^e pro'per authority in the
municipality or other local division, within whose jurisdic-
tion the said crossing is situate, may make suet repairs, and
may recover all costs, expenses and outlays in the premises,
by action against the Company in any court of competent
jurisdiction, as money paid to the Company's use ; Provided
always, that neither this section nor any proceeding had there-
under shall at all affect any liability otherwise attaching to
such Company in the premises.

When the
Committee
may regulate
apeed of
trains, timt.s
of running^,
he.

Penalty for
non-compli-
ance.

Notice of ac-
cidents to be
given to the
ommittee.

50. The Railwa^ Committee, or the inspecting engineer
or engineers, may li oiit the number of times or rate of speed
of running of trains or vehicles, upon any railway or portion
of railway, until such alterations or repairs as they or he may
think sufficient have been made, or until such times as they
or he think prudent ; and the Company owning, running or
using such railway shall comply forthwith with any such
order of the Railway Committee or inspecting engineer,
upon notice thereof as aforesaid ; and for every act of non-
compliance therewith every such railway company shall
forfeit to Her Majesty the sum of two thousand dollars.

«51. Every railway Company shall, as soon as possible,
and at least within forty-eight hours after the occurrence
upon the railway belonging to such Company of any acci-
dent attended with serious personal injury to any person
using the same, or whereby any bridge, culvert, viaduct or
tunnel on or of the railway has been broken or so damaged
as to be impassable or unfit for immediate use, give notice
thereof to the Railway Committee ; and if any Company
wilfully omits to give such notice such Company shall for-
feit to Her Majesty the sum of two hundred dollars Ibi

107

every day during which the omission to give the same con-
tinues.

52. No inspection had under this Act, nor anything in inspection
this Act contained or done or ordered or omitted to be done oo^J^^ny'*'^*
or ordered under or by virtue of the provisions of this Act, fromlfabiiity
shall relieve or be construed to relieve any railway com-
pany of or from any liability or responsibility resting upon
it by law, either towards Her Majesty or towards any person,
or the wife or husband, parent or child, executor or
administrator, tutor or curator, heir or other personal repre-
sentative of any person for any thing done or omitted to be
done by such Company or for any wrongful act, neglect or
default, misfeasance, malfeasance or nonfeasance, of such
Company, or in any manner or way to lessen such liability
or responsibility, or in any way to weaken or diminish the
liability or responsibility of any such Company under the
laws in force in the Province in which such liability or
responsibility arises.

58. Every railway company, shall, as soon as j)ossible Company to
after the receipt of any order or notice of the Railway Com- "f o'jmmittee
mittee or inspecting engineer, give cognizance thereof to to iia officers,
each of its officers and servants, in one or more of the ways *"•
mentioned in the sixty-fourth section of this Act.

54, All orders of the Railway Committee shall be con- What to be
sidered as made known to the railway Company by a notice cfenTnotiro
thereof signed by the Chairman and countersigned by the thereof.
Secretary of the Committee, and delivered to the President,
Vice-President, Managing Director, Secretary or Superinten-
dent of the Company, or at the office of the Company ; and

orders of the inspecting engineer or engineers shall be
deemed to be made known to the railway Company, by a
notice thereof, signed by the engineer or engineers, and
delivered as above mentioned.

55. Every railway Company shall, within one month Return of ac-
after the first days of January and July, in each and every made wmi-''^
year, make to the Railway Committee, under the oath of the annually, and
President, Secretary or Superintendent of the Company, a ^j** ^ ''°°'
true and particular return of all accidents and casualties
(whether to life or property) which have occurred on the
railway of the Company during the half year next pre-
ceding each of the said periods respectively, setting forth, —

1. The causes and natures of such accidents and casualties ;

2. The points at which they occurred and whether by
night or by day ;

108

Copy of By.
Uwt.

Form of re-
turn to be
appointed by
the Railway
Committee.

Penalty for
neglect.

8. Tho full extent thereof, and all the particulars of the
same ; and —

4. Shall also at the same time return a true copy of the
existing by-laws of the Company, and of their rules and
regulations for tho management of the Company and of their
railway.

56. The llailwny Committee may order and direct, from
time to time, the form in which snch returns shall be made
up, and may order and direct any railway Company to
make up and deliver to them from time to time, in addition
to the said periodical returns, returns of serious accidents
occurring in the course of the public traffic upon the rail-
way belonging to such Company, whether attended with
personal injury or not, in such form and manner as the
Committee deem necessary and require for their information,
with a view to the public safety.

57. If such returns so verified be not delivered within the
respective times herein prescribed, or within fourteen days
after the same have been so required by the Committee, every
Company making default shall forfeit to Her Majesty the
sum of one hundred dollars for every day during which the
Company neglects to deliver the same.

Such returns 5S. All such returns shall be privileged communications
leged wmmu. ^^^^ shall not be evidence in any court whatsoever,
nicationa.

Railway
Gommittee to
have, with
respect to
certain Rail-
ways, the
powers of the
former Rail-
way Cummis-
sioners.

59. With respect to all railways coming within the juris-
diction of the Parliament of Canada, to which the provisions
of the Railway Act, chapter sixty-six of the Consolidated
Statutes of Canada, apply, the Railway Committee consti-
tuted by this Act shall be invested with all the rights and
powers vested in t}ve Board of Railway Commissioners under
the said Act, collect Vely, or in any single member thereof;
and such powers may be exercised by the said Committee
collectively or by any single member thereof, as the case may
be, in the same manner and as effectually as they might have
been exercised by tht said Board of Railway Commissioners ;
but any inspection ',hat raight be required in respect of any
such railway, shall be performed in conformity with the
provisions of this Act :

And may 2. All proceedings heretofore commenced by the said Board

"'eedin'^i com- ^^ Railway Commissioners may be taken up and continued ;
menced by and all orders and regulations of the said Bourd, and all ]3en-
R. Oommis- alties and forfeitures, for their contravention, may be enforced
and recovered by the Railway Committee in the same man-
ner and with the same effect as they might have been by the
said Board before the passipg of this Act.

109

op*rd
ed ;
3en-
rced
■nan-
the

TRAFFIC AKRANGKMKNT8.

60. The directors of any railway Company may, at any one Oom-
time, make agreements or arrangements with any other pany m^y
Company, either in Canada or elsewhere, for the regulation *Sothor re-
and interchange of traffic passing to and from their Bpecting
railways, and for the working of the traffic over the ^^'^^''•
said railways respectively, or for either of those objects
separately, and for the division and apportionment of
tolls, rates and charges in respect of such traffic, and
generally in relation to the management and working
of the railways, or any of them, or any part theveof,
and of any railway or railways in connection therewith, for
any term not exceeding tw3nty-one years, and to provide
either by proxy or otherwise, for the appointment of a Joint
Committee or Committees for the better carrying into effect «.

any such agreement or arrangement, with such powers ajid
functions as may bo considered necessary or expedient, sub-
ject to the consent of two-thirds of the stockholders voting
in person or by proxy :

2. But every railway Company shall, according to their
respective powers, afford all reasonable facilities to any
other railway Company for the receiving and forwarding
and delivering of traffic upon and from the several railways
belonging to or worked by such Companies respectively, and
for the return of carriages, trucks, and other vehicles ; and
no Company shall give or continue any preference or advan-
tage to, or in favour of any particular Company, or any par-
ticular description of traffic, in any respect whatsoever, nor
shall any Company subject any particular Company or any
particular description of traffic to any prejudice or disadvan-
tage in any respect whatsoever ; and every railway Company
having or working a railway which forms part of a con-
tinuous line of railway, or which intersects any other
railway, or which has any terminus, station or wharf of the
one near any terminus, station or wharf of the other, shall
afford all reasonable facilities for receiving and forwarding
by the one railway all the traffic arriving by the other,
without any unreasonable delay, and without any prefer-
ence or advantage or prejudice or disadvantage, and so that
no obstruction may be offered in the using of such railway
as a continuous line of communication, and fo that all reason-
able accommodation may at all times, by the means afore-
said, be mutually afforded by and to the said railway Com-
panies ; and any agreement made between any two or more
railway Companies contrary to the foregoing provisions,
shall be unlawful, null and void :

8. Any railway Company granting any facilities to any
incorporated express Company shall grant equal facilities on
equal terms and conditions to any oilier incorporated express
company demanding the same :

Railway
Companies
must afford
each other
every facility
for the for-
wardiof; of
traffic, T/ith-
out prefer-
enceorfavoar.

Agreements
made in con-
travention of
this Act to be
Toid.

Must grant
equal faci-
lities to all
express com-
panies.

110

Penaltj on
Companies or
their officers
refusinK or
neglecting to
forward traf-
fic as aboTe
required.

How vecover-
able and how
to l^e applied.

Interpreta-
tion of word
"TraflBc."

Railway
Companj,

4. If any officer, servant or agent of any railway Company,
having the superintendence of the traffic at any station or
depot thereof, refuses or neglects to receive, convey or delive-
at any station or depot of the Company for which they may
be destined, any passenger, goods or things, brought, con-
veyed or delivered to him or such Company for conveyance
over or along their railway from that of any other Company,
intersecting or coming near to such first-mentioned railway,
— or in any way wilfully contravenes the provisions of the
second sub-section of this section, — such first-mentioned rail-
way Company, or such officer, servant or agent, personally,
shall, for each such neglect or refusal, incur a penalty not
exceeding fifty dollars over and above the actual damages
sustained ; which penalty may be recovered with costs, in a
summary way, before any Justice of the Peace, by the rail-
way Company or any other party aggrieved by such neglect
or refusal, and to and for the use and benefit of the Company,
or other party so aggrieved :

6. For the purposes of the four next preceding sub-sections,
the word "Traffic " includes not only passengers and their
baggage, goods, animals and things conveyed by railway,
but also cars, trucks and vehicles of any description adapted
for running over any railway, — the word " railway " in-
cludes all stations and depots of the railway ; — and a rail-
way shall be deemed to come near another when some part
of the one is within one mile of some part of the other.

RAILWAY CONSTABLES.

Constables 61. The Justices of the Peace for any County in the
pointed^tcTact ^^ovinces of Ontario, Nova Scotia or New Brunswick
on the line of or Prince Edward Island, assembled at any General or
lal how^^^' Q^si^t^r Sessions of the Peace, and any Judge of the
Court of Queen's Bench or Superior Court, or Clerk of
the Peace or Clerk oi the Crown or Judge of the
Sessions of the Peace in the Province of Quebec, on the ap-
plication of the Board of Directors of any railway company,
whose railway passes within the local jurisdiction of such
Justices of the Peace, Judge, Clerk, or Judge of the Sessions
' of the Peace, as may be, or on the application of any clerk or
agent of such Company thereto authorized by such Board,
may, in their or his discretion, appoint any persons recom-
mended to them for that purpose by such Board of Directors,
clerk or agent, to act as constables on and along such rail-
"^" way; and every person so ai>pointed shall take an oath or

make a solemn declaration in the form or to the effect fol*
lowing, that is to say : —

Oath of office* " j^ j|^, g.^ having been appointed a constable to act upon
" and along {here name the railway), under the provisions of
•* {here insert the title of this Act), do swear that I will well

tlf^^M

Bj whom to
be adminis-
tered.

And tee », 101
at to other
Provineet.

1878.

Powers of
such con-
stables, and
to what lo*
calities ther
shall extend.

Ill

" and truly serve Our Sovereign Lady the Queen, in the said
" office of constable, without favour or affection, malice or ill-
" will, and that I will, to the best of my power, cause the
" peace to be kept, and prevent all offences against the peace,
" and that while I continue to hold the said office, I will, to
" the best of my skill and knowledge, discharge the duties
" thereof faithfully, according to law. So help me Grod:"

2. Such oath or declaration shall be administered in either
of the Provinces of Ontario, Nova Scotia or New Brunswick,
or Prince Edward Island, by any one such Justice, and in the
Province of Quebec by any such Judge, Clerk or Judge of
the Sessions of the Peace ; and every constable so appointed,
and having taken such oath or made such declaration,
shall have full power to act as constable for the preserva-
tion of the peace, and for the security of persons and pro-
perty against felonies and other unlawful acts, on such
railway, and on any of the works belonging thereto, and on
and about any trains, roads, wharves, quays, landing-places,
warehouses, lands and premises belonging to such Com-
pany, whether the same be in the county, city, town,
parish, district or other local jurisdiction within which
he was appointed, or in any other place through which
such railway passes, or in which the same terminates, or
through or to which any railway passes, which may be
worked or leased by such railway company, and in all
places not more than one-quarter of a mile distant from such
railway or railways ; and shall have all such powers, pro-
tections and privileges for the apprehending of offenders, as
well by night as by day, and for doing all things for the
prevention, discovery and prosecution of felonies and other
offences, and for keeping the peace, which any constable
duly appointed has within his constable-wick ; and it shall
be lawful for any such constable to take such persons as
may be punishable by summary conviction for any offence
against the provisions of this Act, or of any of the Acts or
by-laws affecting any such railway, before any Justice or
Justices appointed for any county, city, town, ^ arish, district
or other local jurisdiction within which any such railway
may pass ; and every such Justice shall have authority to
deal with all such cases, as though the offence had been
committed and the person taken within the limits of his
local jurisdiction :

8. Any two Justices of the Peace, in either of the Pro- Dismissal of
vinces of Ontario, Nova Scotia or New Brunswick, oi "°Jgt]Jbie
Prince Edward Island, and any Judge of the Court of ^ni»e«».*ioi
Queen's Bench or Superior Court, or Clerk of the Peace,
or Clerk of the Crown, or Judge of the Sessions of the
Peace, in the Province of Quebec, may dismiss any such
constable, who may be acting within their several jurisdic-
tions ; and the Board of Directors of such railway Company,

Further
duties and
powers of
such con«
stables.

Record of
appointment
of each coa-
Btable to be
kept. 1868
and 1879.

112

or any clerk or agent of such Company thereto authorized
by such Board, may dismiss any such constable who
may be acting on such railway ; and upon every such
dismissal, all powers, ^protections and privileges belonging
to any such person by reason of such appointment, shall
wholly cease ; and no person so dismissed shall be again
appointed or act as coi: stable for such railway, without
the consent of the authority by which he was dismissed :

4. Every such railway Company shall cause to be recorded
in the office of the Clerk of the Peace for every county, city,
town, parish, district or other local jurisdiction wherein
such railway or railways may pass, the name and desig-
nation of every constable so appointed at their instance, the
date of his appointment, and the authority making it, and
also the fact of every dismissal of any such constable, the

. date thereof, and the authority making the same, within one

week after the date of such appointment, or dismissal, as

,.,,,^ may be ; and the Clerk of the Peace shall keep such record

in a book, to be open to public inspection, charging such f'" .

■ ■; or fees as the Railway Committee may, from time to time,

^ authorize, and in such form as the Committee mav, from

time to time, direct:

Punishment 6 Every such Constable who is guilty of any neglect or
SafuJ rf'iei- breach of duty in his office of constable, shall be Hable, on
ipct of duty, summary conviction thereof, within any county, city, dis-
trict or other local jurisdiction wherein such railway may
pass, to a penalty of not more than eighty dollars, the amount
of which penalty may be deducted from any salary due to
such offender, if such constable be in receipt of a salary
from the railway Company, or to imprisonment, with or
without hard labour, for not more than two months, in the
gaol of such county, city, district or other local jurisdic-
tion :

And of per. 6. Every person who assaults or resists any constable
them."*'**'°^ appointed as aforesaid, in the execution of his duty, or who
incites any person so to do, shall, for every such offence, be
liable, on summary conviction, to a penalty of not more than
eighty dollars, or to imprisonment, with or without hard
labour, for not more than two months.

GENERAL PROVISIONS.

Companies to 62. Every railway Company shall make such by-laws,

™r're ^uiaur' ^"^^'^ *^*^ ^®S^^*ti<*^s, to be observed by the • conductors,

of conductors engine-drivers and other officers and servants of the com-

and other offi- pany, and by all other Companies and persons using the

' ' railway of such Company, and such regulations with regard

to the construction of the carriages and other vehicles, to be

used in the trains on the railway of the Company, as are

113

laws,
jtorSj
icom-

the
[gard
to be

are

requisite for ensuring the perfect carrying into effect of the
provisions of this Act, and the orders and regulations of the
Railway Committee :

2. The Company may, from time to time, repeal or alter Altering by-
such by-laws and make others, provided that such by-laws J|??.
be not repugnant to the provisions of this Act or the Act in-
corporating the company, or any Act or Acts amending any
of them ; '

8. And such by-laws shall be reduced into writing and Form,
shall have affixed thereto the common seal of the Company : ^*"^

4. Any of the conductors, engine-drivers, and other imposing
officers and servants of the Company or other railway Com- ^375 ^*'***
panics using any railway, offending against any such by-law

shall forfeit for every such offence a sum not exceeding forty
dollars, — such forfeiture to be imposed by the Company in
such bylaw as a penalty for every such offence :

5. If the infraction or non-observance of any such by-law, Summary
by any of the classes in the next preceding sub-section jn'^ertaln*''
mentioned, bo attended with danger or annoyance to the cases.
public, or hindrance to the Company in the lawful use of '^^^'

the railway, it shall be lawful for the Company summarily
to interfere, using no violence or unnecessary force, to obviate
or remove such danger, annoyance, or hindrance, and that
without prejudice to any penalty incurred by the infraction
of any such by-law :

6. No such by-law shall have force or effect unless or Sanction,
until it has^^bee.^ approved by the G-overnor in Council : ^^^'**

7. The substance of any such by-law, when approved as How such by-
aforesaid, if it affects any officer or servant of the Company, JfJ^fied^to''*^
may be proved by proving the delivery of a copy to or its railway ser-
receipt by such officer or servant ; and if it affects any other ^„^ifg*°^ ^''®
railway Company using the railway, shall be painted on ists!
boards, or printed on paper and pasted on boards, and hung

up and affixed, and continued on the front or other conspicu-
ous part of every wharf or station belonging- to the Company,
according to the nature or subject matter of such by-laws
respectively, and so as to give public notice thereof to the
parties interested therein, or affected thereby; and such
boards shall, from time to time, be renewed as often as the
by-laws thereon or any part thereof shall be obliterated or
destroyed ; and no penalty imposed by any such by-law
shall be recoverable unless the same shall have been pub-
lished, and kept published in the manner aforesaid :

8. Such by-laws, when so confirmed, shall be binding upon What parties
and be observed by all parties mentioned in the fourth sub-sec- ^y guch*bv-*
tion of this section, and shall be sufficient to justify all persons wwa!*^ 1876.

1—8

Proof thereof.
1876.

Company
may impose
penalties for
contraven-
tion of by-
aws.

acting under the same ; and for proof of the publication of
any such by-laws affecting only any other railway Company
using the railway, it shall be sufficient to prove that a printed
paper or painted board, containing a copy of such by-laws,
was affixed and continued in manner by this section directed,
and in case of its being afterwards displaced or damaged,
then that such paper or board was replaced as soon as con-
veniently might be.

63. Any railway Company may, by a by-law, impose upon
any officer, servant, or person who, before the contravention
of such by-law has had notice thereof and is employed by
the Company, a forfeiture to the Company of not less than
thirty days' pay of such officer or servant, for any contraven-
tion of such by-law, and may retain any such forfeiture out
of the salary or wages of the offender.

How notice of 64. The notice of the by-law or of any order or notice of
by-laws or ^he Kailway Committee, or of the inspecting engineer or

orders TLiaj . •' , ' . ,5 j t <>

be provad. engineers, may be proved by proving the delivery ot a copy
thereof to the officer, servant or person, or that he signed a
copy thereof, or thn*^ a copy thereof was posted in some place

' where his work or his duties, or some of them, were to be

performed.

When snch 65. Such proof, with aproof of the contravention, shall be
b"a^i*en*e ^ ^^^^ answer and defence for the Company in eny suit for the
for the Com- recovery of the amount so retained; and such forfeiture shall
pany. be over and above any penalty under this Act.

Not to impede ^^' No such Company shall cause any obstruction in or
navigation, impede the free navigation of any river, stream or canal to or
across or along which their railway is carried.

Railways
crossing

rivers, sc,
regulated.

67, If the railway be carried across any navigable river
or canal, the Company shall leave openings between the
ibutments or piers of their bridge or viaduct over the same,
and shall make the same of such clear height above the sur-
face of the water, or shall construct such draw-bridge, or
swing-bridge over the channel of the river, or over the whole
width of the canal, and shall be subject to such regulations
as to the opening of such swing-bridge or draw-bridge
as the Governor in Council from time to time makes :

As to bridges 2. No railway Company shall, from and after the first

gabie°river8 ^^^ ^^ August, 1S*19, be allowed to pass over any canal, or

of Canada, over the navigable channel of any river, without having

1879. ^j.g|. lai^j g^gjj proper flooring under and on both sides of

their railway tifack over such canal or channel, as shall be

deemed by the Minister of Public "Works sufficient to prevent

any thing falling from the railway into such canal or river,

or upon the boats or vessels, or craft, or persons iiavigating

such canal or river.

116

68. It shall not be lawful for any such Company to con- Plans to be
struct any wharf, bridge, pier or other work upon or over JSe'ooTornor
any navigable river, lake or canal, or upon the beach or bed in Council.
or lands covered with the waters thereof, until they have
first submitted the plan and proposed site of such work to
the Railway Committee, and the same has been approved ;
and no deviation from such approved site or plan shall be
made without the consent of the Committee.

69. Nothing contained in the three next preceding sec- Exception
tionsofthis Act, shall be construed to limit or affect any jj^^^,''?;^'''**
power expressly given to any railway Company by its given by ?he
Special Act of incorporation or any Special Act amending °P«<!'*1 ■^'^*-
the same.

river
»n the

same,

Ihe sur-

Ige, or

whole

lations

-bridge

le first
Inal, or
Ihaving
lides of

lall be

jrevent
river,

ligating

70. In all cases where a railway passes any draw or wi»en a Rai)-
swing-bridge over a navigable river, canal or stream o*/j^*g"fng.
which is subject to be opened for the purposes of navigation, bridge, &c., ,
the trains shall in every case be stopped at least three f'*'°i,ree'*°^
minutes, to ascertain from the bridge tender that the said minutes.
bridge is closed and in perfect order for passing; and in

default of so stopping during the full period of three minutes,
the said railway Company shall be subject to a fine or
penalty of four hundred dollars.

71, Whenever any railway Company or other road com- Certain
pany is lawfully incorporated by an Act of a Provincial app\y°o ***
Legislature, with power to construct a railway or other road Provincial
on a line intersected by any navigable water, and it is neces- eroTsmg'*^
sary for such construction that such road shall be carried navigable
Across or along such navigable water, the sixty-sixth, sixty- fg*^""
seventh, sixty-eighth, and seventieth sections of this Act shall,
subject to the provisions hereinafter made, apply to such
Company in respect of the carrying such road by such '
Company across or along such navigable water :

2. Any Company proposing to construct any work under Notice to be
this section shall give public notice for six weeks, in two ^^"^^^q^^^^
newspapers published nearest the site of the proposed work, pany.
that the plan and proposed site has been submitted to the ^87«.
Eailway Committee of the Privy Council under the sixty-
eighth section, and that it is intended to apply to the G-over-
nor in Council to authorize the work :

8. Subject to the provisions of the said sixth-sixth, sixty- How only
seventh, sixty-eighth and seventieth sections, the Governor J^e road may
in Council may, after the expiration of the notice prescribed atructed in
by the second sub-section of this section, authorize such fnch places.
Company to carry such road across or along such navi-
gable water, pursuant to a plan and on a site to be approved
by the Railway Committee under the said sixty "eighth section,
upon such, conditions as shall appear reasonable : Provided
1-8J

1876.

IIG

Proviso.

Aet respeoU
ing BriugeF,
36 V , c. 26,
to applr.
1870.

that no unnecessary damage be caused to any lands by
reason of tlie work, and that compensation be made for any
damage caused to any lands by reason of the work,— the
amount of such compensation in case of disagreement to be
settled under the provisions of this Act :

4. In case any Company constructs any work under the
provisions of this section, such Company shall, as to the work
so constructed, but no further or otherwise, be subject to the
provisions of the A.ct passed in the thirty-fifth year of Her
Majesty's reign, intituled "An Act respecting^ Bridges"
and the whole of such work shall be deemed to be " bridge"
within the purview of the said Act and subject to all the
provisions thereof :

•
6. Parliament may, at any time, annul or vary any order
of the Governor in Council, made under the third sub-section
of this section ; and no such legislation shall be deemed an
infringement of the rights of the Company :

6. No order shall be made under this section to authorize
the crossing of the River St. Lawrence or the River St. John.

■72. Every railway Company which runs trains upon the
railway for the conveyance of passengers shall provide and
cause to be used in and upon such trains such known
apparatus and arrangements as best afford good and sufficient
means of immediate communication between the conductors
and the engine-drivers of such trains while the trains are in
motion, and good and sufficient means of applying by the
power of the steam-engine or otherwise at the will of the
engine-driver, or other person appointed to such duty, the
brakes to the wheels of the locomotive or tender, or both, or
. of all or any of the cars or carriages composing the trains,

and of disconnecting the locomotive, tender and cars or
carriages from each other by any such power or means, and
also such apparatus and arrangements as best and most
securely place and fix the seats or chairs in the cars or car-
riages, and shall alter such apparatus and arrangements or
supply new apparatus and arrangements from time to time
as the Railway Committee may order.

Penalty fot VS. Every railway Company which fails to comply with
fng wi^^t^e *^y ^^ *^® provisions contained in the next preceding section
»2nd lection, of this Act, shall forfeit to Her Majesty a sum not exceeding

two hundred dollars for every drvy during which such default

continues.

Power re-
served to
Pftrliament.
1876.

Not to apply
to certain
rivers.
1876.

U( mpany to
use the best
apparatus for
communica-
tion between
conductors
and engine-
di'ivers, and
for stopping
or disconnec-
ting cars,
fixing seats in
cars, kc.

Further pre*
cautions at
level cross-
ings.

74. Every railway Company shall station an officer at
every point on their line crossed on a level by any other
railway, and no train shall proceed over such crossing until
signal has been made to the conductor thereof that the way
is clear*

RXKJni

75. Every locomotive or railway oiigine or train of cars, Further pre.
on any railway, shall, before it crobteb the track of any other ^"hen""
railway on a level, be stopped for ot least the space of one Railway
minute. crossei

another on »
lerel.

76. No locomotive or railway engine shall pass in orormns
through any thickly peopled portion of any city, town or through a
village at a speed greater than six miles per hour, unless the ^cf ' *°''°'
track is properly fenced.

77. Whenever any train of cars is moving reversely in Or movea
any city, town or village, the locomotive being in the rear', reversely.
the Company shall station on the last car in the train a per-
son who shall warn parties, standing on or crossing the track

of such railway, of the approach of such train ; and for any
contravention of the provisions of this and the three next
preceding sections the Company shall incur a penalty of one
hundred dollars.

provided for
that purpose
at level cross*
ing.

78. If the Railway Committee orders any railway com- Foot PMsen
pany to erect at or near or in lieu of any level crossing of a ^o" bridge, if
turnpike road, or other public highway, a foot-bridge or foot- " • -
bridges over their railway for the purpose of enabling per-
sons passing on foot along such turnpike road or public high-
way to cross the railway by means of such bridge or bridges,
then, from and after the completion of such foot-bridge or
foot-bridges so required to be erected, and while the Com-
pany keeps the same in good and sufficient repair, such level
crossing shall not be used by foot passengers on the said
turnpike road or public highway, except during the time
when the same is used for the passage of carriages, carts,
horses or cattle along the said road.

79. No horses, sheep, swine or other cattle shall be per-
n.ilted to be at large upon any highway within half a mile
of the intersection of such highway with any railway on
grade, unless such cattle are in charge of some person or
persons to prevent their loitering or stopping on such high-
way at such intersection.

No cattle to
be allowed to
be at large on
any highway
within half a
mile of any
Railway.

SO. AH cattle'^found at large in contravention of the last Such cattle
preceding section may, by any person finding the same at ^(JSlided™
large, be impounded in the nearest pound to the place where
the same are so found, and the pound-keeper with whom
the same are so impounded shall detain the same in the like
manner, and subject to the like regulations as to the care and
disposal thereof, as in the case of cattle impounded for tres-
pass on private property.

81. No person, any of whose cattle being at large, con- if killed,
trary to the provisions of section seventy-nine, are killed by ®^'*" "***

^^Sim

entitled to
any action.

118

any train at such point of intersection, shall have any action
against any railway Company in respect to the same being
so killed.

Crotsinjti to 83. At ovcry road and farm crossing on the grade of the

be fenced. railway, the crossing shall be sufficiently fenced on both

sides so as to allow the safe passage of the trains.

Ground be- 83. Every railway Company- shall cause all thistles and
the^Oompany other nozious Weeds growing on the cleared land or ground
to be cleared adjoining the railway and belonging to such Company to be
o wee B, c. ^^^ down and kept constantly cut down, or to be rooted out
of the same.

ConsequenccB 84. If any railway Company fails to comply with the
to d^'eo."* requirements of the last preceding section within twenty
days after they have been required to comply with the same,
by notice from the mayor, reeve, or chief officer of the
municipality of the township, county or district in which
the land or ground lies, or from any Justice of the Peace
therein, such Company shall thereby incur a penalty of two
dollars to the use of the municipality, and in the Provinces
of Nova Scotia and New Brunswick, to the overseer of the
poor for the locality, for each day during which they neglect
to do anything which they are lawfully required to do by
such notice; and the said mayor, reeve, or officer or Justice
of the Peace may cause all things to be done which the said
Company were lawfully required to do by such notice, and
for that purpose may enter by himself and his assistants or
workmen upon such lands or grounds; and may recover the
expenses and charges incurred in so doing, and the said
penalty, with costs of suit, in any court having jurisdiction
in civil cases to the amount sought to be recovered.

Intereit of 85. The interest of the purchase-money or rent of any real

moneyo'rrent Property acquired or leased by any railway company, and

of real pro- necessoty to the efficient working of such railway, and the

§eemed°work- pi"ice or purchase-money of any real property or thing, with-

ing expenges. out which the railway could not be efficiently worked, shall

be considered to be part of the expenses of working such

railway, and shall be paid as such out of the earnings cf the

railway.

TENAL CLAUSES.

Penalty on 86. Every person who, by any means or in any manner

stnictinK free OY Way whatsoever, obstructs or interrupts the free use of

use of Rail- the railway, or the carriages, vessels, engines or other works

^*^' incidental or relative thereto, or connected therewith, shall

be guilty of a misdemeanour, and on conviction thereof, shall

ba punished by imprisonment in the common gaol of the

district or county where the conviction takes place, for any

110

term less than two years ; or in the penitentiary, for a cerm
not to exceed five years, and not less than two years.

87. All persons wilfully and maliciously, and to the penalty on
prejudice of the railway, breaking, throwing down, damag- pertonsdam-
ing or destroying the same, or any part thereof, or any of the ^"ayf
buildings, stations, depots, wharves, vessels, fixtures, ma-
chinery or other works or devices incidental or relative there-
to, or connected therewith, or doing any other wilful hurt or
mischief, or wilfully or maliciously obstructing or interrupt-
ing, hindering or preventing the carrying on, completing, sup-
porting and maintaining the railway, vessels or works, shall
be guilty of a misdemeanour, unless the ofience committed it the offence
amounts, under some other Act or law, to a felony, in which ^ * ftiony-
case such person shall be guilty of a felony ; and the court
by and before whom the person is, tried and convicted may
cause such person to be punished in like manner as persons
guilty of misdemeanour or felony, as the case may be, are
directed to be punished by the laws in force in Canada.

88, If any person wilfully and maliciously displaces or
removes any railway switch or rail of any railway, or breaks
down, rips up, injures or destroys any railway track, or rail-
way bridge or fence of any railway or any portion thereof, or
places any obstruction whatsoever on any such rail or railway
track or bridge, with intent thereby to injure any person or
property passing over or along such railway, or to endanger
human life, such person shall be guilty of misdemeanour, and
shall be punished by imprisonment with hard labour in the
common gaol of the territorial division in which such offence
is committed or tried, for any period not exceeding one year
from conviction thereof; and if in consequence of such act
done with the intent aforesaid, any person so passing over and
along such railway, actually suffers any bodily harm, or if
any property passing over and along such railway be injured,
such suffering or injury shall be an aggravation of the
offence, and shall render the offence a felony, and shall sub-
ject the offender to punishment by imprisonment in the
penitentiary for two years, or in any other prison or place of
confinement for any period exceeding one year and less than
two years.

89. Whosoever unlawfully and maliciously puts or throws
upon or across any railway, any wood, stone or other matter
or thing, or unlawfully and maliciously takes up, removes or
displaces any rail, sleeper or other matter or thing belonging
to any railway, or unlawfully and maliciously turns, moves
or diverts any point, or other machinery belonging to any
railway, or unlawfully and maliciously makes or shows,
hides or removes any signal or light, upon or near to any
railway, or unlawfully or maliciously does or causes to be
done any other matter or thing, with intent in any of the

Ponishment
of persons
doing any
thing to Kail-
way with
intent to in-
jure persoDB
or property.

And if such
damage be ac-
tually done.

Placing any
obstruction
on Railway,
remoring
rails, moving
points, Ac ,
with intent to
endanger
life or pro-
perty, to be
telony, and
how punish-
able.

120

1879. And cases aforesdid, to endanger tho safety of any person travol-
2i^B.'ft^ ''^' ^'"ff ®^ being upon such railway, is guilty of felony, and
shall be liable to be imprisoned in the penitentiary for life,
or for any term not less than two years, or to be imprisoned
in any other gaol or place of confinement for any terra less
than two years with or without hard labour.

Committing 90. If any person wilfully and maliciously does or causes
stap^^agej&c, ^0 be doue, any act whatever whereby any building, fence,
to be a misde- construction or work of any railway, or any engine, machine
meanrur. ^^ structure of any railway, or any matter or thing appertain-
ing to the same is stopped, obstructed, impaired, weakened,
injured or destroyed, the person so offending shall be guilty
of a misdemeanour, and be punished by imprisonment with
hard labour not exceeding one year, in the common gaol of the
territorial division in which the offence was committed or has
been tried.

Punisbment 91, Every person who bores, pierces, cuts, openh, or other-

borin"o"'cut- wise injures any cask, box or package, containing wine,

ting casks or spirits or other liquors or any case, box, sack, wrapper, pack-

fialfwfy! ""* ^S^ o^ ^oU of goods, in, on or about any car, wagon, boat,

vessel, warehouse, station-house, wharf, quay or promises of

or belonging to any such railway Company, with intent

feloniously to steal or otherwise unlawfully to obtain or to

injure the contents, or any part thereof, or who unlawfully

drinks or wilfully spills or allows to run to waste, any such

liquors, or any part thereof, shall, for every such offence, be

liable, on summary conviction before one or more Justices

of the Peace, to a penalty of not more than twenty dollars,

over and above the value of the goods or liquors so taken or

destroyed, or to imprisonment, with or without hard labour,

for not more than one month.

Puniehment 03. Every person wilfully obstructing any inspecting
obBtrucUng engineer in the execution of his duty shall, on conviction
inspectort in before a Justice of the Peace having jurisdiction in the place
ofVefr'duTy! where the offence has been committed, forfeit and pay for
every such offence any sum not exceeding forty dollars, and
in default of payment of any penalty so adjudged, im-
mediately, or within such time as the said Justice of the
Peace appoints, the same Justice, or any other Justice having
jurisdiction in the place where the offender resides, may
commit the offender to prison for any period not exceeding
three months ; but such commitment shall be determined
on payment of the amount of the penalty ; and every such
penalty shall be returned to the next ensuing Court of Gene-
ral or of Quarter Sessions in the usual manner.

Punishment OS, If any officer or servant of, or person employed by any
coStraTcnhig' railway Company, wilfully or negligently contravenes any
^y.iaws, 4c, by-law P?" regulation of the Copipany lawfully mj|de an4

121

in force, or any ordor or notice of the Railway Committee
or of the inspecting engineer or engineers, of which a cojiy
has been delivered to him, or has been posted up or
open to his inspection in some place where his work or his
duties, or any of them, are to be performed, then if such con-
travention causes injury to any property or to any person, or
exposes any property or any person to the risk of injury, or ren-
ders such risk greater than it would have been without such
contravention, although no actual injury occurs, such contra-
vention shall be a misdemeanour, and the person convicted
thereof shall, in the discretion of the court before whom the
conviction is had, and according as such court considers the
offence proved to be more or less grave, or the injury or risk
of injury to persons or property to be more or less great, ba
punished by fine or imprisonment, or both, so as no such
fine exceeds four hundred dollars, nor any such imprisonment
the term of five years ; and such imprisonment, if for over
two years, shall be in the penitentiary.

94. If such contravention does not cause injt.ry to any Penalty in
property or person, nor expose any person or property to the an'^^how^r"*'
risk of injury, nor make such risk greater than it would coverabie. "
have been without such contravention, then the ofl&cer, ser-
vant or other person guilty thereof, shall hereby incur a
penalty not exceeding the amount of thirty days' pay, nor

less than fifteen days' pay of the offender from the Company,
in the discretion of the Justice of the Peace before whom
the conviction is had ; and such penalty shall be recoverable
with costs, before any one Justice of the Peace having juris-
diction where the offence has been committed, or where the
offender is found, — on the oath of one credible witness other
than the informer.

95. One moiety of such penalty shall belong to Her Application
Majesty for the public uses of Canada, and the other moiety " '*"'* ^'
to the informer, unless he be an oflicer or servant of, or per- ,

son in the employ of the Company, in which case he shall
be a competent witness, and the whole penalty shall belong
to Her Majesty for the uses aforesaid.

96. The Company may, in all cases under the three next The Company
preceding sections, pay the amount of the penalty and costs, fuWna ^*°
and recover the same from the offender or deduct it from his deduct from
salary or pay. -vifea.

RAILWAY FUND.

97. Every railway in Canada to which this Act applies. Railway
shall, so soon as any portion thereof is in use, pay to the p° ndf**°°
Receiver General an annual rate tc be fixed by the Railway
Committee, not exceeding ten dollars per mile of railway
constructed and in use; such rate to be paid hajf-yearly on

189

the first days of January and July in each year, and to form
a special fund for the purposes of this Act, to bo called "The
Railway Inspection Fund."

What the
words "Rail-
waj Oom-
pany" ihill
Include.

INTEnPRKTATION CLAUSE.

08. In the construction of the provisions of this Act, from
section thirty-five to section ninety-seven, both inclusive, the
expression " Kailway Company," or " Company" shall include
any person boing the owner or lessee of or a contractor
working any railway constructed or carried on under the
powers of an Act of Parliament.

APPLICATION OF PKNAIiTIKS.

Howpenaltiei
reooT»red
shall be
applied.

90. All penalties recovered under this Act, in respect to
the application of which no other provision is made, shall
be paid to the Receiver General of Canada, to the credit of
" The Railway Inspection Fund."

APPLICATION OF CERTAIN SECFlOXS

Extent of lOO. The enactments contained in sub-section eighteen of

menu^inXa* sectiou seven, in sub-section twentv-eight (b) of section nine,
Act declared, and in sub-sections one to eight, both inclusive, of section
1876. sixty-two, and sub-section four of section twenty-five, of this

Act, were declared by the Act thirty-eighth Victoria, chapter
twenty-four (1 8*75), to apply to every railway Company there-
tofore incorporated or which might thereafter be incorpo-
rated and subject to the jurisdiction of the Parliament of
Canada, and also to the Governor in Council with respect to
all railways constructed by or under the control and manage-
ment of the Government of Canada, or of any Minister or
Department thereof, or being the property of the Dominion
of Canada, and they shall so apply accordingly.

This Act, ex- 101. All the provisions of this Act, except those contained
29^0 Hto'ap- ^^ sections twenty-nine to thirty-four, both inclusive, shall,
as provided by the Act forty-one Victoria, chapter three
(ISf 8), be held to have applied thereafter to the Province of
Prince Edward Island, unless declared to be applicable to one
or more only of the Provinces composing the Dominion ;
but this shi-ll not be construed as a declaration that any
part of this Act or of the Acts consolidated in it, did or did
not apply to the said Province before the passing of the said
Act in 1878 :

ply. to P.E.I

18.8

As to appii- 2. "Whenever, under any provision of this Act applying to
Judge i*n The *^® ^aid Province, application is to be made to a judge,
said Province such application may, in the said Province, be made to
137^.^ ^ ^ Judge of the Supreme Court or of a County Court ; and the
compensation referred to in sub-section thirty of section nine

to form
id "The

ct, from
ive, the
include
(1 tractor
ider the

speot to
le, shall
redit of

hteen of
on nine,
' section
;, of this
chapter
ly there-
incorpo-
iment of
jspect to
manage-
dster or
[)niinion

)ntained
e, shall,
ar three
vince of
le to one
minion ;
lat any
d or did
the said

lying to
judge,
nade to
and the
on nine

128

of this Act, may, in the said Province, be paid into the office
of the Supreme Court, which shall be held to be the court
referred to in sub-sections thirty-one, thirty-two and thirty-
three of the said section :

8, The provisions made in section nine of this Act certain pro-
as to incumbrances on lands acquired for railway purposes ▼'•loni to
Khali apply to lands in the Provinces of Manitoba and odum'bia,
British Columbia, and in the North-West Territories ; and as Manitoba Hmi
respects lands in the said Territories the Court of Queen's fo^'j^^,/^*"""
Bench in the Province of Manitoba shall, unless and until there )819.
be a Superior Court therein, be held to be the Court referred
to in the said section : in the said Provinces and Territories
any judge of a Superior Court or County Judge shall have
all the powers given by this Act to a County Judge, and in
the said Territories such powers shall, if there be there no
such Judge or County Judge, be held and exercised by a
Jiidge of the Court of Queen's Bench for Manitoba ; and the
Justices of the Peace in the said Provinces and Territories
respectively, shall have and exercise the powers given by
section sixty-one to Justices of the Peace in the Provinces
therein mentioned.

REPEALING AND SAVING CLAUSE.

109. Subject to the provisions hereinafter made, the Act
passed in the thirty-first year of Her Majesty's reign, and
known as " The Railway Act, 1868 ; " the Act passed in the
thirty-fourth year of Her Majesty's reign, and intituled " An
Act to enable certain Railway Companies to provide the neces-
sary accommodation for the increasing traffic over their Rail-
loays, and to amend The Railway Act, 1868 ; " the Act passed
in the thirty-sixth year of Her Majesty's reign,'and intituled
" An Act to amend the general Acts respecting Railways ; " the
Act passed in the year last mentioned, and intituled " An
Act to amend the Act thirty-fourth Victoria, chapter forty-
three, intituled, ' An Act to enable certain Railway Companies
to provide the necessary accommodation for the increasing
traffic over their Railways, and to amend The Railway Act,
1868 ; " the Act passed in the thirty-evghth year of Her
Majesty's reign, and intituled " An Act further to amend.the
general Acts respecting Railways ; " the Act passed in the
year last mentioned, and intituled " An Act to extend and
amend the laio requiring Raihoay Companies to furnish returns
of their capital, traffic and working expenditure ; " the Act
passed in the thirty-ninth year of Her Majesty's reign, and
intituled " An Act to amend ' The Railway Statistics Act ; ' "
the Act passed in the year last mentioned, and intituled
" An Act to make provision for the crossing of navigable
waters by Railway or other road Companies incorporated under
Provincial Acts ; " the Act passed in the same year, and
intituled " An Act to amend the Railway Act, 1868 ; " the Act

Repeal of fur-
mer Acts.

31 v., c 63,
(1868.)

34 v., c. 43,
(1871 )

36 v., c. 80,
(1873 )

36 V., C. 81,
(1873.)

38 v., c. 24,
(1876.)

38 v., c. 25,
(1876.)

39 v., c. 14,
(1876.)

39 V., c. 15
(1876.)

39 v., c. 32,
(1876.)

124

40 v., 0. 45.
(1877.)

41 v., c.
(1878.)

Proviso AS to
the effect of
Buch repeal.

passed in the fortieth year of Her Majesty's reign, and
intituled " An Act to amend ' The Railioay Act, 1868 ; ' " and
the Act passed in the forty-first year of Her Majesty's reign,
and intituled " An Act to extend to the Province of Prince
Edward Island * The Railway Act, 1868,' and certain Acts
amending ihe same," are hereby repealed and this Act is
substituted for them : Provided always, that all Acts or
enactments repealed by any of the said Acts shall remain re-
pealed, and that all things lawfully done and all rights
acquired under the Acts hereby repealed, or any of them,
shall remain valid and may be enforced, and all proceedings
and things lawfully commenced under them or any of them
may be continued and completed, under the corresponding
How this Act provisions of this Act, v^hich shall not be construed as a new
law but as a consolidation and continuation of the eaid
repealed Acts, subject to the amendments and new provi-
sions hereby made and incorporated with them ; and any-
thing heretofore done in pursuance or in contravention of
any provision in any of the said repealed Acts which is
repeated without material alteration in this Act, may be
alleged or referred to as having been done in pursuance or
in contravention of the repealed Act in which such provision
was made or of this Act ; and every snch provision shall bo
construed as having and as having iuA the same effect and
from the same time as under such repealed Act ; and any
reference in any former Act or document to any such repealed
Act or to any provision in any of the said repealed Acts
shar. hereafter be construed as a reference to this Act or to
the corresponding provision in this Act.

Bball be coa
strned and
have effect

125

RETURNS BY RAILWAY COMPANIES.

Schedule One (1875.)

Return in pursuanoeof The Consolidated Railwai/ Act, 18*79, by the
Railway Company of their authorized Share and Loan Capital, and
the sums received in respect of their Ordinary Capital and Prefer-
ential Capital, and Debenture Stock, or Funded Debt, on the 31st
December, 18 , specifying the rate per cent, of the Dividends for
the year 18 , on each of the said Capitals, showing also the Loans
outstanding on the 31st December, 18 , classified according to the
several rates per cent, of interest, and the Capital subscribed to
other undertakings, whether such undertakings are on lease to, or
worked by the subscribing Company, or are independent.

Nam a

•r

Company.

♦Authorized Capital up to the 31st
December, 18 , including capital
authorised as aubscriptions to
other undertakings, whether such
other undertakings are on lease
to, or worked by the subscrib-
ing Company, or are indepen-
dent.

fBy
Shares.

Loans.

.'otal.

Paid-up Stock and Share Capital at 31st
December, 18 , including subscriptions
paid up to other undertakings.

a (U

a
<i>

O
O

■a
■a

a
S

-3

•a

-S-o

••3 O

<»H

»;«

Capital raised by Loans and Debenture Stock
at 31st December, 18

a«

-«j

«.-

£3

<»

+-♦■

a u
t» o

o -J

j3 a r

0) «r\

m^ *— *

2Q.2

* C --
(-. * *

"Sri. ~

03 s, u

" OS mm

« -"OJ cs
o &.0

.—<..-. o
H

Cu m

(.1

NoTB. — This Return should be dated and signed by the otBcer or officers of the Company
responsible for its correctness.

• This should include all capital authorized to be raised by Acts of Parliament, or bv Pro-
vincial Legislatures, but should not include capital authorized only for purposes which have
lapsed by abandonment or otherwise.

t In cases where a subscription is authori/.ed out of existing capital, no addition should b«
made in respect of it to the sum entered in this column, but only to the sum entered in the last
column.

X Careabould be taken not to confound debenture stock with ordinary dobcntvire loans, and
not to enter the same under both heads.

126

Schedule Two (18*76.)

Railway of Canada.

Return of Traffic for week ending

corresponding week, 18

Increase ,
Decrease

18 , and tho

Date.

Passengers.

Fie'ght and Live Stock.

Mails

and

Sundriea.

Total.

Miles
Open.

Aggregate Traffic^from 18.

Date.

Passentrers.

Freight
and Live Stock.

Mails

and

Sandries.

1
Total.

Miles Open.

88 v., c. ib. ^Schedules.

the

MEMORANDUM.

Ilea
ten.

Part8 of this Act in which provisions of former Acts, &c., amending " The Railway Act, 1868 "

are incorporated. j 'j >

1871— 3i Vic , cap. 43-In sections 10, 11, 12, 13, 14 and 2 5.

1873—36 do 80 do 16, sub-section 6.

1873—36 do 81 do 26.

1875—38 do 24 do 7, sub-sec. 18 ; 9, sub-sec. 28 ; 62, 9ub-secs. 1 to 7.

1875-38 do 25 do 29, and 31 to 34, both inclusive, and schedule.

1876—39 do 14 do 30 and 32, sub-section 2.

1876—39 do 15 do 71.

1876—39 do 32 do 9, sub-section 22.

1877—40 do 45 do 7 do 16.

1878-41 do 3 do 61 and 101.

1879-J\VM'.-In sections 9, sub-sees. 38, 39, 40 ; 15, sub-sec. 5 ; 67, sub-sec. 2 ; 89, 101.

pen.

.ii'

: ,

44 VICTORIA,

CRAP. 24.

An Act to amendi tl^a CoBsolidptt^^ I^M^W^y Act.

[Assented to 21st March, 1881.]

WHli^EAS donl^ts have arisen as to t|ip txuie in,tQnt and Prefimbif.
meaniag of the word " capital" ii)b t}i0 e|eyen,tb. subr
section of the seventeenth section of '■' Whe ConsQlidlQied 42 v , c. 9.
Railway Act, 1879," hereinafter called " The Railway Act,"
and it is expedient to remove such doubts : Therefore, Her
Alaiesty, by and with the advice and consent of the Senate
and ^oiise of Commons of Canada, e^apts as follows : —

|. ^he 8f|i4 word " capital" as u^ed iji the said sub-section Capital
i^e^^t and n^eans th,e p^d-up stpcl^ aiid share capital of the d«fiif((d[.
company with interest added for periods during which no
dividend is paid, to the exclusion of all subsidies and Rzceptioo.
bonuses, aiid as regaids the Cai^adi^in Pacific Railway
of any dejbt of the cpmpany contracted qu the pledge
theiQqf, or of any part thereof : And this interpxe^tipn of Application
the said word shall apply to all r^way opnupani^esi aflfected o''a«fi°'t'<"''
by the s||id sub-section or by any amendment of the said
sub-sootion in whiph the said word is used, which i§ pr shall
be ineoiporated with th>^ special Act or chi^rter qI any rail-
Way coiji^p^ny.

2. The word " or " i^ t^e third line of the saiji eleventh Error cor-
sab-section, ^& prinlied in thp Statut(8-Bopk, is deolase4 to "»**^-
have been insprted by i» clerical errpr and sh^ ^^ Btiuc^
out, i^d shall be held to have beei^ inserted coi^tr^^ry to the
intentioji of ^arliaijient.

iS. 4^d whereas it is expedient to ampnd section thirty s^c^^qo 3^
of the 5#VTay Act ; therefore, the words " threp i^ipnths »™S'>af<*-
afke;' the end of th,e paijendar year" are hereby strnck out of
said K^ctiqn thirty, aja4 the wordsf "three |:i:^pi^h^ a^> the
fi^^ da^ of inly in eaph year" %Ee 8u]l^stitu(;ed ior tl^pxn ;
and the retmnf of capital, tramo, working eX:PQndjture e^d
1—9

130

all other information to be famished to the Minister of Rail-
ways and Canals shall be in the form contained in schedule
One appended to this Act, which is hereby substituted for
schedule One appended to the said Railway Act, schedule
Two remaining in force for the weekly returns required by
the said Act ; and such returns shall be dated and signed by
and attested upon the oath of the Secretary or some other
chief officer, and of the President, or in his absence of the
Vice-President or Manager of the company ; and such returns
shall be made for the period included from the date to which
the then last yearly returns made by the same company
extended, or from the commencement of the operation of the
railway, if no such return has been made, to the last day of
June, in the then current year ; and shall, in addition to the
information contained in the schedule hereto, furnish such
other information and returns as shall, from time to time, be
required by the Governor in Council."

Sub-section 5 3. And whereas it is expedient to amend sub-section five
wp'eaied^aid of Section fifteen of the Railway Act; therefore, the said
new anb-sec- sub-section five is hereby repealed, except as to things done
tuted."''^"" ®^' offsJices committed before the passing of this Act, and the
following substituted for it : —

Form and
time of yearly
returns.

Attestation
of returns.

What peiiod
shall be in-
cluded in
returns.

Further in-
formation.

Clear head-
way of 7 feet
above highest
freigbt cars
to be left in
all bridges,
ice-, over the
fiailway.

Cost by
whom de-
frayed.

Provision
when com-
pany wishes
to use higher
freight cars.

"5, Every bridge or other erection or structure over or
through or under which any railway to which this Act
applies, passes, and every tunnel through which any such
railway passes, existing at the time of the passing of the
Act, of which the lower beams, members or portions of that
part of such bridge, erection, structure or tunnel which is
over the railway, are not of a sufficient height from the
surface of the rails to admit of an open and clear headway
of at least seven feet between the top of the highest freight
cars used on the railway and the bottom of such lower
beams, members or portions, shall, with suitable approaches
thereto where necessary, be reconstructed or altered within
twelve months from the passing of this Act so as to admit of
an open and clear headway of at least seven feet between
the top of the highest freight cars used on the railway and
the bottom of such lower beams, members or portions, and
shall at all times thereafter be eo maintained as to admit of
such open and clear headway of at least seven feet. Such
bridges or other erections, structures or tunnels shall be
reconstructed or altered at the cost of the company, muni-
cipality or other owner thereof as the case may be. The
company before using higher freight cars than those used
on the railway at the time of the passing of this Act, or of
the reconstruction or alteration as aforesaid, of any such
bridge or other erection, structure or tunnel, as the case may
be, shall, after having first obtained the consent of the muni-
cipality or of the owner of such bridge or other erection,
structure or tunnel, reconstruct or alter such bridge or other

181

the

I be

erection, structure or tunnel, and the approaches thereto, if
necessary, so as to admit of an open and clear headway of
not less than seven feet between the top of the highest
freight cars used on the railway and the bottom of such
lower beams, members and portions aforesaid. Provided proTlio.
always, that the Governor may, by Order in Council, exempt
any bridge, erection, structure or tunnel now existing from
the operation of this section.

Oase of
bridges, kc,
hereafter oon<
struoted or
re-construc-
ted prorided
for in like
manner.

" b. And whenever any such bridge, erection, structure or
tunnel shall hereafter be constructed over or on the line of a
railway, or whenever it shall become necessary to reconstruct
any such bridge, erection, structure or tunnel already built
over or on the line of a railway, or to make large repairs to
the same, the lower beams, members or portions of the
superstructure of any such bridge, erection, structure or
tunnel, and the approaches thereto if necessary, shall be
constructed or reconstructed at the cost of the company or
of the municipality or other owner of the bridge, erection,
structure or tunnel, as the case may be, and shall, at all
times, be maintained at a sufficient height from the surface
of the rails of the railway to admit of an open and clear
headway of not less than seven feet between the top of the
highest freight cars then used on the railway and the lower
beams, members or portions of such bridge, erection, structure
or tunnel ; and thereafter, the company, before using higher
freight cars than those used on their railway at the time of
the construction or reconstruction of, or large repair to such
bridge, erection, structure or tunnel, shall, after having first
obtained the consent of the municipality, or of the owner of
such bridge, erection, structure or tunnel, raise the said
bridge or other erection, structure, or tunnel, and the
approaches thereto, if necessary, so as to admit, as aforesaid,
of an open and clear headway of not less than seven feet
over the top of the highest freight car then about to be used
on the railway."

4. Section thirty of the Railway Act, as amended by this xo what rail-
Act, and sub-section five of section fifteen of said Act, as ways ceruin
amended by this Act, shall apply to every railway and [haU appij
railway company subject to the legislative authority of the
Parliament of Canada.

5, And in correction of the French version of sub-section Error in
six of section sixty-one of the Act hereby amended, the word French in rer-
'*plus " shall be substituted for the word " moins " in the last rected. "
line but one thereof.

And when
company in-
tends to use
higher freight
cars.

ion,
her

1^2

SCHEDULE ONfi.

Fortn of Yearly Rettlms to the kinist6r of Hwlwity* and
CJiinAls, teqnired from Railway €ohipaiii€ls tihd«ir th'd
" HJo'hsoliduted lUtUway Act, 18T9," ai attlendM fcy tMB

'ACt.

Rift^ftNS maide by the (ddrjioriiie khthe of the Claf^H^) in
jitirtt^ahce of the Act 44 Victort«, chap. 24, for tBte ji^iidfd
iHcluded between the (iksert ikb day to tdhich thk la^ Rk-
turns extend, &r the dath of the iiotniMHctrlttHt o/ dp^'MlioWs,
as the ease fnay be), to thfe felsi diy of SiiUte, iA thfe yWw
18 .

Skomh^ the (ktunty br tkiu%ii%s thtowj^h whith ike Rafliifay
rumis, tht Terminal Poms, VortnectioitSt if, ahy, aHd gfyflig-
a gifneral desdriptfoH dfthe Line dM the VoimtYjf fhi^'^h
which ft passes.

Statement cohtadnihg 'copies of all contracts made by the
cbmpfcny, fbt the ctonS'trtiction of any pArt of the railway.

No. 1.

Returns of the Capital Accoiint of the said Riiil Way, *,1«0
the Revenue and Expenditure, &o.

Ill

No. C— Capital AccotJNT,

ordinary

Total atnouiit

caoital

ToUl amount of preference share

capital

do do

m , ^° do ,

Total amount oi ordinary bonds.
qo do

4o do

do do

Total amount of Government loans..,,
do do bonuses.

Total amount of Government sub-
scription to shares

Total amount of Government sub-
scription to bonds

Total amount of municipal loans

•Rate of
Interest or
Dividend.

$ cts.

do
do

do bonuses ...

of municipal subscrip-
tion to shares

of municipal subscrip-
tion to bonds. ..

from other sources

Total capital.

This statement must agree with the totals shown in the
report of the company, a copy of which is to be transmitted
also. If there are more than one issue of preference shares
or bonds, state them and the amount of each class
*J..!^J floating debt exists it must be stated so as to make
tlife total agree with the published report.

•State whether dividehd is cumulative ornbt.

1^^"

184

No. 8.— Loans oe Bonuses from Governments or

Municipalities.

ted.

From what source.

•St

moant of
scriptioa
Shares.

moant of
scriptioa
Boads.

B£

^"^

■<

•<

$ cts

$ cU.

$ cts.

$ cti.

OnvArnniontfl

Total

Bluoicipalities

•

Total

No. 4.— Bonds or other Securities Neootiated by the

Company.

Amounts.

Rate of Interest.

Date of Sale.

Prices Realized.

1 cts.

$ cts.

No. 6. — Sales of Land made by the Company.

Acres Sold.

Price per Acre.

Amount.

1 cts.

$ cts.

186
No. 6.— Floitino Debt.

Amount.

Rate of Interest.

Remarks,

$ eta.

f cts.

No. 7.— Characteristics of. Roid, &c.

OWNID.

'Lenirtb of main line from to.,

do branch from to.

do do to.

do do to.,

LlASBD.

Length of railway from to..

do do to.

do do to..

Total mileage worked.

id.

cts.

do
do
do
do
do
do
do
do
do
do
do
do
do
do
do

Its.

Length of road laid with iron rails

do do steel rails

do of sidings ,

do of double-track (if anv)

Weight of rail per yard, main line, iron

do do do steel

do do branches, iron

do do do steel ,

Number of engine-houses and shops

do of engines owned by company ,

do hired

of iirst-clasB passenger cars owned by company

do do hired

of second class and emigrant cars owned by company...

do do hired

baggage, mail and express cars owned by company,...

do do hired

cattle and box freight cars owned by company ,

do do hired

platform cars owned by company

do hired , .,

coal cars owned by company :

do hired

ties to mile, main line ;%

do branches ,

Nature of fastenings used to secure joint of rail

Number of grain elevators..

fCspacity of do at

do do

Number of level road crossings at which watchmen are employed..

do do without watchmen

do overhead bridges

Beight of do above rail level

Number of level crossinn of other railways

do junctions with other railways

do do branch lines

Radius of sharpest curve

Number of feet per mile of heaviest gradient

Gauge of railway

Miles.

Lbs.
do
do
do

* It the line or any portion of it is under construction, the length being con-<
structed to be given.

t State where these are situated, and the capacity of each.

139

No. S.— Actual Cost of ^j^U'Wai and Rolling Stock.

1. Cost of land and land damagoa

2. Coat in connectfion with the administration «t the Land Qrant in
aid, if any

3. Cost of grading, masonry and bridging, station bnildingi, Ac, Ac.

4. Cost of rolling stuck of all kinds, including workshops

ToU(.

cti.

Tbe above total to show the real cash cost of construction and rolling stock.

No. 9.— Operations of the Year and Number of

Miles Hun.

1. Miles run by passenger trains

2. do freight trains

3. do mixed trains

4. Total miles run by trains

6. do engines

n. Total number of pasaengcri carried

7. do tons of freight (of 2,000 Ibg.) carried.

8. Average rate of speed of passenger trains

0. do do freight trains

10. Average weight of passenger trains in motion

11. do freight trains in motion

No. 10.— Description of Freight Carried.

1. Flour in barrels, No

2. Grain in bushels, No

3. Live stocky No

4. Lumber of all kinds, e^Fcepting fireFOod, ft
6. Firewood, number of cords of 128 cubic ft..

6. Manufactured goods

7. All other articles

Total weight carried.

Weight in
Tons.

ICK.

No. 11.— Earnings of T^K Railway.

cts.

ck.

1. From pasBenger traffic

a. From rreiKht traffic

3. From mails and cxpresB freight

4, Prom other aources

ToUl

^o. 12.— General Tariff of Tolls

Company.

Established by the

No. 18.— Special Rates of Tolls Established by the

Company.

it in

13.

No. 14, A.— Operating Expenses — Maintenance of Li^e,

Buildings, &o.

1. Wages, &c., of labour employed on track, including siding,

2. Cost of iron rails and fastenings ,

3. Cost of 8teel rails and fastenings

4. Ballastins — ,

6. Repairs of bridges and culverts

6. Repairs and renewals of buildings

7. Repairs of fencing

8. Clearing snow

9. Engiaeering superintendence

Total

1—10

188

No. 14, B. — Operating Expenses— "Working and Repairs

OP Engines.

Wagea of engineers, firemen and cleaners.

Cost of coal for fuel ;

OoBt of wood for fuel

Repairs of engines and tenders

Oil. tallow, waste, &c. , for engines

I'umping engines

Repairs of tools and machinery

Superintendence

Total.

No. 14, C. — "Working and Repairs of Cars.

1. Wages and materia! for repairs of passenger cars

2. do do freight cars and snow ploughs

3. Superintendence

Total

No. 14, D.— Oprratinq Expenses G-eneral and Oper-
ating Charges.

9.
10.
11.
12.
13.

OflSce expenses, including directors, auditors, management,

travelling expenses, stationei'V, &c

Station agents, clerks, porters, &c

Conluctors, baggagemen and brakemen

Compensation for personal injuries

Loss or dunmge to freight

(iftttle killed

(/'ost of ferries and ferry-boats

Cost of foreign agencies

Small stores, including lights, lamps and signals

All other charges

Total

Blanks are left for any other items of Expenditure not included above.

189

LIBS

cts.

No. 16.— Summary of Operating Expenses.

A. Maintenance of line, buildings, tec

a. tost of working and repairs to engines
n" nl °l working and repairs to cars
V. Uost of general operating expenses.,

Total cost of operating railway

^"'^^^^'^t^^^^^^^}^^^^^^^'^^^::^

ixiAqatco

cts.

IR-

cts.

« 5C3 £.5-3.* o.S
«3t5«3 SOS'S

140

No. It. — Names anb Residences of Directors a>d
Officers of the Company.

Names of Directors.

Residences.

' . .

President.

Secretary and Treasurer.

General Manager.

Engineer.

Superintendent.

The following is the official name and address of the
company : —

'ii

45 VI CTORIA.

. CHAR 53-

An Act to authorize the construction, on certain conditions
of the Canadian Pacific Railway through some Pass other
than the Yellow Head Pass.

\; ' •'■ [Assenled to 11th May, 1882.] , : ;;.

WHEREAS by clause thirteenth of the contract with Her preamble
Majesty the Queen now held by the Canadian Pacific
Railway Company (which contract is contained in the
schedule to the Act passed in the forty-fourth year of Her
Majesty's reign, chapter one, intituled, " An Act respecting 44 \r ^ i
the Canadian Pacific Railway") it is provided that the said cited': aa tj
Company shall have the right, subject to the approval of the throuff"th«
Grovernor in Council, to lay out and locate the line of the Rocky Moun-
railway thereby contracted for as they may see fit, preserv- '*'"^
ing the following terminal points, namely, from Callander
Station to the point of junction with tho Lake Superior
Section and from Selkirk to the junction with the western
section at Kamloops by way of the Yellow Head Pass, and
whereas it may be found to be in the public ii;^':erest that
the junction with the western section at Kamloops should ■

be made byway of some pass other than the Yellow Head , ,
Pass ; Therefore Her Majesty, by and with the advice and
consent of the Senate and House of Commons ot Canada,
enacts as follows : —

1. The Canadian Pacific Railway Company may, subject q^^^„^ ^f
to the approval of the Governor in Council, lay out and Pass may be
locate their main line of railway from Selkirk to the junction ^^l^^^^^"^
with the western section at Kamloops by way of some pass Council,
other than the Yellow Head Pass, provided that the pass be -^ ^.^^
not less than one hundred miles from the boundary between
Canada and the United States of America.

f V

>i i. t

'■A

1 ' ' r

INDEX

RAILWAY ACT, 42 Vict, Cap. 9-1879.

a
.2

58
72, 73
74, 76
76, 77

2
4

100
101

102
20
20
23

' 26

2,4

100

101

9
9

9
9
9

9
9
9
9
9
9
9
9
9

a
.2
o

3,4
13

20
6

7
7-8

19
38

16
16
16

17
18
20
21
22
22
24
24
25
37

Accidents, — notice of, to be given to Railway Committee

do apecial returns of serious to be made ■

do and casualties, semi-annual returns of

do returns of, to be privileged communications

do prevention of, bj apparatus for stopping trains.-...

do precautions at road crossings

do " in passing througk towns or arriving

do foot passengers to use bridges when provided .

do precautions as to cattle. See cattle.

Accounts, — yearlj to Parliament

do Parliament may require further details

Act,— application, part first of tnia

do do part second.

do do on certain enactments in

do do to Prince Edward Island, British Columbia, and North- West

Territories

Acts repealed, — saving clause, and how this Act shall be construed

Action to recover calls

do do estopped by forfeiture of shares

do agiilnst shareholders for debts of Company, execution against Com-
pany must precede

do against Company, for refusal to carry passenger or goodj

do do for refusing baggage checks

Administrators, — powers of, to convey lands, &c ~

Affidavit,— of absence of owner, &c., ot property taken

Affirmation in place of oath «

Agreement made by Corporation valid...

do made before property is set out lor railway

Alterations in plan and survey, provisions respecting

Animals, penalty for suf ng to enter on railway »

Apparatus for quick stoppmg, best to be used » „

>Application of Act, and parts^f ~

Arbitration, as to compensation for crossing or uniting, &c , with othei

railways

do costs of, how paid ~

do in case of materials required for railway

Arbitrator, — name of, to be given to opposite party, if Company's olfer is not

accepted

do sole, when and how to be appointed

do appointment of

do third, official, to be appointed by Minister of Public Works, if

not appointed by the other two »

Arbitrators, duties of; award of two on vote to be final

do
do
<io
do
do
do
do
do
do

to consider increased value of land

to examine persons on oath or affirmation ■ -

to fix day for making award »

d^ing or becoming disqualified.

it he be the third arbitrator •

vote not disqualified unless personally interested

appointed b^ the Judge, when disqualification must be urged.

and if appointed by party •...

in case of Indian lands when used by Railway....

106
108
107
108
116
10, 117
117
117

100
100
61
102
122

122

123

94
96
96
71
73
75
72
72
72
85
116

61-12]

66
75

74
74

74
74
75
75
75
75
75
76
76
76
79

1-lli

144

INDEX TO EAILWAY ACT.

12
IT
9
9
9
9
9
9

26
25
2S

•"n"

9
25

7
7
7
7

• y

• «

• 8

• 8
9
9

15
15
t 16
t 15
39
42
47
47

7
17

• 17
17
21

• 24
62
i>2
U2
62
62
62
6J

20
20

20
20
20
20
21
21
7
42

S
•a

4
7
20
21
26
27
37

7
4,5

2
10
12

9
17
18

2
11
12
10
11

" 2*"

4
6,6

2
3
4
6
6
9
3
4
6

Atmospheric or animal powers may be used on railway

Auction— sale by, of land not required by railway

do goods, unclaimed, may be sold by ,.

Award— price agreed upon to be considered as fixed by

do may be made by majority, or by sole arbitrator

do if not made on day appointed, price olTered to stand

do not inTalidated by want of form

do or agreement to give power to take posssf^sion

do amount of, bow paid in case of Indian lands

Badges — Company's servants to wear

Baggage cars not to be in rear of passenger cars ••.

do checks to be furnished for

do do do do. Claims for lost

Balance of proceeds of sale of unclaimed goodc, how dealt with

deach — public, extent to be taken

Bell to be sounded at crossings ~

Borrowing, powers of Company, bonds, &c

Branch railways — powers to make ac \ manage ,

do provisions respect ng •

do and after notice, deposit of plan, &c

Breadth of lands to be taken for roadway ordepots, &c

Book of reference— errors in, iiow corrected

do contents of

do how examined and deposited

di) deviation from line shewn in, limited

do names of owners entered, how corrected

do deposit of, when t} be made

do to be general notice to owners

Bridges over highways, width and height of -.

do grade of highway under, limited

carrying highway over railway, clear height of

existing bridges to be altered, if lower

carrying railway to be examined by order of the Railway OoniiuiUee

may be condemned by Committee

permanent may be ordered in place of moveable

Company may not substitute moveable without consent of Railway

Committee

Buildings — Comnany may erect.....

By-laws— to fix and regulate tolls.

do to be subject to approval of Governor in Council

or, if affecting others than employes of Company

for management of Company, how made, and tor what purpoEes

to be subject to approval by Governor

for regulation of employes

may be altered ~

may impose penalties

may authorize summary interference in certain cases

how notified to employes and public

who bound by, and how proved

penalties for contravention of..........

do
do
do
do
do
do

do
do
do
do
do
do
do
do
do
do

Calls— how made, what notice, and interval

do to be published In Canada Gazette

Shareholder liable to pay amount of

not paid, to bear interest at G per cent

amount of, may be recovered by suit

formalities required in actions to recover ,

non-payment to entail forfeiture of sLares

on share to be paid before dividend paid

paid, Directors may pay interest on, until railway is completed.

Canal, power to construct railway across or along

Cars or carriages— may be condemned by Railway Committee

do
do
do
do
do
do
do

65
82

86
72
75
75
76
76
79

96
96
It!
8b
71
96
t5
65
67
67
71
6a
6j
t.y
Vo
7U
73
"li
83
S,i
83
S3
lU3
103
105

1(5

»j

112

113

in)
yo
yj

91
91
91
91
92
93
b5
103

* See G.l'.R. Act, 44 Vict., Gap. 1.
\ Aviended by Act 44 Vict., Cap. 21.

INDEX TO EAILWAY ACT.

145

• 17
■20
79
80
81
16
16

45
■^0
20
20
11

13
13

• 8

• 8
19

• 8

• 28
60

5
7
29
9
9

25
61
61
61
61
Gl
61
9

• 28

• 19
9-<

• 8

9
9
9
9

a
o
•a

20
3

10
2

2,3

7
8

30, 31

2,3

9, 10

6, 8

34-36
18

29
11

2
3

4
6
6
7
6
16

10
2
3

Cars or carriages— considered danjrerous may be forbiddno to run

do InspectiDfr Engineer may at all times examine.

Capital stock of raihvny, how it may be increased

do not to be impaired by dividends

Canada Gazette — tolls on railway to be published in.

do Order-iii-Uouncil reducing tolls to be published in

do notices uf meetings and calls to be published in

Cattle — not to be at large within a certain distance of railway

do or may be impounded, if so found

do and no compensation for, if killed

Caltle-guards at all road crossings may be required

do until made, Company responsible for damages, but not after they

are made

do Inspecting Engineer may st all times examine

Certificate, Treasurer*!?, of forfeiture, to be title and evidence.

do
do
do

do
do
do
do
do

ol proprietorship of share, to be evidence

do want of, not to prevent disposal of share,

of Minister of Public Works, when extra ground required by

Company ^

cfToct of such certificate

proof of such certilicate... ,

Crown may question authenticity of

of two Justices of omission, &c., in map, plan, &c., effect of

of correction, &c., of map, &c., to be deposited

Chairman of Directors to have casting vote

Change in location of line, for certain purposes

Checks — to be affixed on parcel of baggige and duplicate given to passenger

do penalty tor refusing to give

do passenger producing, may be witncus to prove contents of lost baggage.

Church and school trustees, limitation of powers to convey to Company

City or town, branch to connect with main line or branch of

Claims, Ac, on lands taken, how cleared, by payment into Court, Ac

"Clerk of tbe Peace," interpretation of

do duties and powers of

do copies of plan of alterations, Ac, to be deposited with...

do duties with respect to copies of plans, &c

Commencement and completion of railway limited

Committee, joint, to be a])pointed for carrying out traffic arrangements between

two railway companies - ..«.

" Company," interpretation of

do powers of ~ » m....

do what to mean, as respects railway statistics ,

Confirmation of title of Company in Quebec and its effect

Compensation — Arbitrators in lixing to consider increased value of remaining

lands ~

do for lands to stand instead of such lands as to claims, &c^

Conductor, intoxication of, to be a misdemeanor.

Constables— Railway, appointment of.

do
do
do
do
Contract
do

powers of and to what localities they extend

dismi.'sal of

record of, to be kept by Clerk of Peace

penalty for neglect of duty

penalty for resisting

&c., to convey lands, made before survey, &;., binding

for works, not to be given until tenders invited

Contractor not to be Director of Company

Contractors included by word " Company " in certain cases

Copies of plans, &c., or of alterations, certified by Clerk of Peace, to be evidence.

do maps, &c., of proposed railway, where to be deposited

do do •. r

do do cert tied by Minister of Public Works or Clerk of Peace,

to be evidencu

Costs of arbitration, how paid

do Company liable for, if desisting from first notice

do of proceedings on such claims, by whom ppid .m

Corporations, &c., may convey lands to Company

104
104

90
117
117
117

84 86

104

73
73
73
73
69
69
89
68
96
96
96
71
67
78
63
6d
69
7«
100, 69

109

64
100

75
77
96

111
111
112
112
112

72
100

89
122

69
76
76
78
71

* See G.P.H, Act, 41 Vict., Cap. 1.

146

INDEX TO RAILWAY ACT.

a
2

'•3
u

30
49
15
1«

7
83

7
42
42

87
88
89
00
91
25

7
9

• 9
9

• 8
17

18,19
19
19
19
19
19
19
19
19

• 19
19
19
19
20
23

60
61

21
21
21

• 22
28

8,9

IS, 16

Corporations, preriong order of JiidKe, in certain caf^es

do Ac, conveying to Company, indemnified

do kc, who cannot sell, may agree upon annual rent, with lien for
do Municipal, may take stock of Company

Crossings— to be examined by Engineer, directed by Railway Committee

14, IS

do
" County,'
County Judge, provision if he is interested in lands required.

Curators, Sec, may convey lands to Company

Curve, to lessen, location of line may be changed

Culverts to be examined by Rn^^ineer, directed by Railway Committee,
do may be condemned by liailway Committee

level, out of repair.

railway, signboards to be ])laced at

farm. Company may be required to erect gates at.
intersecting or connecting with other railways....

to be fenced; And tee Accidents

interpretation of word.

••»«• •«•••••»

12
11

3
4
9
10
11
12
13
15
16
17
18
21

Damages— contract?, kc, as to compensation for, to lands

do compensation for, to be otfered in notice

do arising from neglect, Ac, of Company not avoided by notice, con-
dition or declaration o( Company

Damaging railway— punishment for

do and if with intent to injure persons or property

do by placing obstructions on track, kc

do or injuring in any way

do goods, or packages of freight, &c

Dangerous goods — no passenger to carry ; must be plainly marked; Company

may refuse to take ; must be carried in special ears

do places or works, or roUingstock, reported to the Railway Committee,

who may condemn or order alterations

Debentures, bonds, Ac, power to issue, — amount

Deposit of map, kc, to be general notice to owners of land required

Depots or stations, extra breadth of land allowed for

Desistment from first notice and proceedings upon «.

Deviation from plans, how fat allowed

Directors, kc, may fix tolls on railway

do general meetings for election of

vacancies in Board of, how filled..

who qualified to be

terms of office of ;....

vacancies among, how filled

to elect President and Vice-President

quorum of, to exercise powers of whole

act of majority of quorum of, to be act of

to be suViject to control of shareholders, kc

employes or contractors uot to be

to make by-laws for management of Company

shall appoint officers and take security from them....

shall Iceep accouat of receipts and expenses of Company

may make calls after notice, and with certain interval

Mayor, kc, of Municipal Corporation taking $20,000 of stock to be

onoof ~

may make traffic arrangements with another Company

of Company may a])ply to Justice and Judges for appointment of rail-
way constableti

Discharge, from party in whcse name share stands, to bo a sufiScient, to the

Company

Oivldeuds to be declared at general meetings

do determined by general meeting

do not to impair capiti\l

do or interest on transferred shares, when paid to purchaser

Dissolution of Corporation not to affect previous liability

do
do
do
do
do
do
do
do
do
do
do
do
do
do

do
do

Earth, stone, &c,^reqnired hy railway, proceedings for purchase of lands for
containing

71
72

103

1C6

118

103

73
73

96
119
119
119
120
120

i)7

10^

65
73
71
76
70
85
87

H8
88
88
89
8J
89
89
89
89
89
90
9J

1U9

110

94
92
92
92
93
100

• *?«« C'-P-R- ^ct, 44 Vict,, Cap. I.

INDEX TO RAILWAY ACT.

Mir

a
o
'i*

9
9
19
19
42
25
39
46
8
44

46
46
49

63
60
64
9
9
60
34

26
45
15
16

£0

■••■-••*

• 17

U, Ifi

• 24

a
o

39,40
4

2, i

Earth, atone, &c., rany be takea bj traversing intervecing lairds

Ecclesiastical corporations, powers of couTeTanee to OompaLy limited '...

Election of Board of Directors '.. ^

do Directors on subsequent day, who to vote at »

Engine may be condemned by Railway Committee

'lo driver, intoxication ot, a misdemeanor ~ >

Engines to be examined by Engineer directed by Railway Committee

do Inspecting Engineer may at all times examine

Engineer or President of Company to certify map of railway

Engineer, inspecting — to report bis order to forbid running of trains, ice, to

Railway Committee

do Company and ofiScers to aflford him all necessary infor-
mation .,

do to be conveyed by Company

do proof of bis authority

do his certificate as to condition of level crossing to be final

in dispute between municipality and railway
do orders of, to be notified to servants of Company

do may regulate speed of trains, or times of running

do orders of, what to be deemed sufficient notice thereof,

Executors, kc. — may convey lands to Company

do powers to convey land limited

Express Companies, all to be allowed equal facilities

Evidence, returns by railway not to be, in Court

• •« • ••••#<

Fare, passenger refusing to pay, may be put out ,

fences— Inspecting Engineer may at all times examine.

do on each side of bridge carrying highway over railway

do Company to erect on each side of railway, if required br proprietors of

adjoining lands within 6 months »

do &c., until made. Company liable for damages to cattio, &c., on rail-
way, but not afterwards •.

do Snow, Company may enter lands after 1st November, to erect, must

be removed before Ist April m..»..

Fines and forfeitures— how recovered

do how applied. And i»t Penalty

Fixtures — machinery, Ac, Company to have power and authority to erect or

purctiase m ,

do extra breadth of land allowed for

Forces, Her Majesty's, enactments made bv Parliament for i :riage of, not to

be deemed infringement of privileges of Company..

Forfeited or unsubscribed shares — Directors may sell or pledge

Forfeiture of shares on non-payment of calls

do to bo declared at general meeting. ,

do to indemnify against actions for breach of contract

rorfeiture — certificate of, from Treasurer, to be title and evidence

do by Company, of privileges, by contravention of Act

Freight, ucc. — cars not to be in rear of passenger cars

84
71
8T

103

104

lOi

104

105
105

106
107
106
107
71
71
109
102

101

Gates, sliding or hurdle, at farm crossings, to be erected if required

do Inspecting Engineer may at all times examine

Glebe lands, Rectors in possession of. in Ontario, powers over, limitod as to con-
veyance to Railway Company

Goods, Interpretation of word -

do may be seized and detained until payment of toll therefor, and to be at

owners' risk

detained for non-payment of tolls, may be sold after six w°:ks,— surplus

money or gojds to be returned to person entitled

unclaimed after 12 months, may be sold by Company, by auction, after

notice ~,

trains to furnish sufficient accommodation for

to be taken, carried and discharged, on payment of legally authorized

toll or freight

dangerous. See Diiugerous

do
do

Governor— Bj-lawij subject to approval of, kc.

84,8 5

99
9i
91
91
91
92
99
96

84
104

71
62

86
96

96
97
95

♦ Se? CP.R. Act., 44 Vict., Cap. I.

INDEX TO lUILWAY ACT.

a
o
■J
u

42
44

• 17
17

7
7
»

9
9

6
9
9

4
7
9

20
21
21
22
5
26

9
9

6
8

8
61

10
12

Governor may came line of telefi^raph to be madu along line of railway for use

of UoTernment

do may appoint Railway Committee from Privy Council

do may sanction order of Uailway Committee to postpone opening of

railway ^

do alterations in railway or rulliug stock, required by Railway

Committee, aubjeci to approval of

do to sanction action of Railway Committee on order of Bngineer

forbidding running of trains

do oa Report of Railway Committee, may order permanent bridges

to be substituted for moveable bridges

do may sanction order of Railway Committee, requiring Company to

carry road crossed by railway ut^i^er or over it

Qovernor in Councilto approve of maps and plans inaicating location of branch

line

do may revise by-laws of Company, fixing tolls

do by-laws, imposing or altering tolls or affecting others than

employe's subject to approval of

do to make regulations for carriage of H. M. Mail, Naval or

Military Forces and Militia

do may require Company to place electric telegraph exclvsi vely

at disposal of Government„ ,

19 Gradient— to reduce, location of line may be changed

1 Grants and donations of lanas — power to receive and hold

36-40 Gravel, &c. — required for railway, proceedings for obtaining lands on which

they are situated , ,

Grev6B de substitution, &c.— may convey lands to Company ^

Guardians, &c. — may convey laads to Company

30-37
37

Highways— word interpreted

12
33-36

4
4
6

13
6

Idiots, &c. — infants, isauo unburn, persons representing may convey lands to

Company ,

Incorporation of Companies under Special Act

locumbfances on lands taken.by Company, how cleared off

Indians — case of railways passing through lands belonging to

Inspection— not to relieve Oompany from liability

do of Railways— <$«« Railway Committee

Inspectors of Railways— penalty tor obstructing

Intercolonial Railway — Part First, to apply to

do Part Second do

Interest on loans to Company — not to exceed 8 per cent, per annum

do on compensation paid into Court to be returned to Company, and when

additional required to be paid -

unpaid call liable to >

may be paid on paid up calls until railway is completed

none to be paid on any share while call remains unpaid

&c., on transferred shares when paid to purchaser

Interpretation of words and expressions in this Act and Special Act

Intoxicated Engineer or Conductor, to be guilty of misdemeanor

3-6
3

do
do
do

Judge, County, provision if he is interested in lands required

do of any of Superior Courts, to exercise powers given to County Judge, if

latter is interested in lands required.... ,

"Justice," word interpreted ~

Justices, two, may correct description, &c., of lands in map, &c, after notice to
Oivii6rB ••••••••■ ••■••• •*>••••»• •■••••••• ••••■* •■••■* • •••••• *••••• •••■•■ «■••••••• ••»••> »•••••••• • •••

" and grant certificate of correction

Justices of Peace, may appoint railway constables on application of Directors or
authorized agents of Company.,.,, ,

Lands, interpretation of word

do public, wild, and beaches, power to occupy.

lOi

103

104

105

67
87

99
68
(51

80
71
71

107

102

120

78, 79
91
93
93
93
6^
96

74
63

69
69

110

62
64

• ^ee V.P.R. Act, 44 Vict., Cap. 1.

INDEX TO RAILWAY ACT.

149'

lOi

103

104

105

67
87

99
68
61

80
71
71

71
64
79
79
107

loa

120
61
61
65

78, 79
91
93
93
93
6i
96

74
63

69
69

110

62
64

a
o

7
7
7

• 8

• 9

• 9
12

9
9
9
t»

9
9

9
9
»
9

49
18
62
33
7

25
25
4J

25
9

7
7

a
o

S
11
12

3
B
7

8
12

12
18

28
29
37

13
14

Landa, (Vayal and Military Resprves), power to occupy

do of Her Mfljesty or any corporation of pei'iionB, power, ttc, to enter upon.

required for branch fine, notice to be given a

to be passed over and taken for propoied route, map of, Ac, to be de-
posited with Department of Public Works

erroneous description, Ac, in map, Ac , may be corrected

not shewn on map, provisions respecting

of persons not entered or erroneously mentioned in book of reference,

may be taken, Ac, within limits of deviation

proceedings when more required at any station or place on line of railway

proceedings for taking, without consent of proprietors

sale by auction of, whra not required for railway

extent^of which may be taken without consent of proprietor

persons representing any persons interested in, may convey to company.

the fee simple of, conveyed by corporations to railway company

contract to convey, before setting out of railway binding if set out one

year from date of contract ,

corporations, Ac, who cannot sell, may rent

description of, &o., in notice to be served on owner in case of disagree-
ment

compensation for, sum offered to be included in notice to opposite party,
the increased value of remaining, to be considered by Arbitrators when

deciding compensation » ~

immediate possession of, before award, may be givea on aflSdavit and

after security given

notice to be given to owner of, before granting warrant of possession....

compensation for, to stand instead of, as to claims, tec

Indian, case of railway passing through ^ >

proceedings, for the purchase of, where stone, gravel, &e., are situated

and required for railway ~~

between main line of railway and lands on which gravel, &c., is found,

right of way over ,.

for stations or gravel pits, company may sell part not required, but com-
pulsory provisions not to apply to portion not necessaiy

Lease, interpretation of. , ^

Lessees included by word "company" in certain cases ./

Levels and surveys, maps, plans, kc, provisions respecting

Level crossing. Railway Committee may require railway to alter crossing so

that road may pass over or under it m >

do out of repair

Liability incurred not affected by dissolution of corporation

do inspection not to relieve company from

do of shareholders limited ~

Location of line, change in, may be made for certain purposes »

Locomotive engines to have bells and whistles

do misdemeanor for person in charge of to be intoxicated ,.

do considered dangerous by Inspecting Engineer may be forbidden to

run

Lumber, &c , cars not to be in rear of passenger cars

Lunatics, &c., persons representing, may convey lands to .....

do
do

do
do
do

do
do
do
do
do
do
do

do
do

do
do
do
do

Machinery, Company to have power and authority to purchase

Mails, H. M., carriage of, on railway ^

Manufactory, branch to connect with main or branch of railway

Map and plan of branch line to be deposited in Registry Office, of city, e ->unty,
&c., and approved by Govornor-in-Oouncil

do
do

and books of reference, to be examined by Minister l ublic
Works, and copies deposited in Department of Public
Works, and with Olorks of the Peace for districts and
counties through which railway is to pass*

omissions, &c., in, may be corrected after notice to owners
of lauds erroneously described

original, or of alterations, deposit required before work is

proceeded with

Map and profile of completed railway to be filed with Minister of Public Works,
do do how drawn and certified »

0)
M

Gt
6t^
67

69
69

70
71
71
82
71
71
72

72
72

73
73

77
77
77
79

122

106

100

107

104
98

65
99
67

69
70

♦ See O.P.R. Act, 44 Vict,, Cap. I.

tso

INDEX TO RAILWAY ACT.

•AS

4»

28
7
7
7
7
8
10
}2
9

9
9
9
9
9
9

9
9

17
20
25
26
28
37

43
43

49
49

61
64
64

9
61
86
89

'"i"

30-36

6 66 73
9

12
13
16
17

4
o

Map, pUcci ware extra breadth reaiiired to bo aliowa on

do Dotices of deposit, before applicatioa to owners of lands

do do to be (renural notice to owners of lands

Materials, power to take land for

Mayor, kc , of Manicipal Corporation holding $20,000 of stock to be Director of

Company tx-officio

Mine, branch to connect, with main line or branch, &c ^

Miademt^anor, any contravention of Act not provided for, to bo ^...

Meetings, General, of pbareholders for election of Directors

do do how called

do notices of, published in Canada Gmetle

Military and Naval Forces, Iler Majesty's, Militia, &c., carriage of, on railway.

Mortgage, &c., of property of Company

do on lands, bow cleared by paying compensation into court, Ac...

Municipal Council, sanction of, forbraucb of railway when required >

do corporations may take stock, Ac

Municipality may require Company to repair level crossing out of repair

do make repairs bnd recover cost in default of Company obeying
Inspecting Engineer's directions

.66,

Xaval Forces, Her Majesty's, carriage of on railways

do and Military Reserves, power to occupy >

Navigable waters, provisions respecting railway carried across or abng,

Notice of intention to build branch line, and to appropriate lands ».....,

do to shareholders of meeting to increase capital stock

correction to owners of lands erroneously described, Ac, in map, &e.

to owner of additional ground required for station, &c

previous to soiling land not required by railway ~

of deposit of map, kc, to bo a general notice to all owners of lands

required by Company

to owner of land in case of disagreement, what it shall contain ...

to be inserted in newspaper if owuer is absent or unknown

of appointment of one or official arbitrators to be third arbitrator

of meetings of arbitrators, two clear days

to either of parties in arbitration not necessary

for lands may be desisted from and new notice given, Company paying

costs >

to owner of land before granting of warrant of possesaion

of arbitration in case of lands containing stone, &c., required by

Company

in Official 6^a2«f/(! before selling unclaimed goods

of meetings or of calls ~

in writing to Company when sending dangerous goods

at station when overdue trains maybe expected

inviting tenders for works of railway »

to Railway Committee of intention 10 open railway, and readiness for

inspection

to Railway Committee before opening railway, and penalties for opening

without , M

to Company by Railway Committee to make good defects

to Company by Inspecting Engineer forbidding running of carriages

or locomotive

to Company of cooiirmation, &c., of such order of Inspecting Engineer...

by municipality requiring Company to repair level crossing

by Railway Committee to municipality and Company of day fixed for

examination as to repairof level crossing.

of accidents to be given to Railway Committee ~

of orders of Railway Committee, what to be

of orders of Inspecting Engineer, what to be

do
do
do
da

do
do
do
do
do
do

do
do

do
do
do
do
do
do

do
do

do
do
do

Oath, &c.. Arbitrators may examine witnesses on...<

Oath of office of Railway Constable

Obstructing free use of railway, punishment for.......

do and causing damage to life or property.

71
73

103

94
67
St9
87
88
90
99
65
78, 79
67
94
106

106

«J

114, 116

81
82

73
73
73
74
74
74

76
77

80
86
90
97
97
100

102

1C3
103

104
104
106

106
106
lo7
107

76
110
118
119

See C.F.R. Act, 44 Vict., Cap. \.

INDIiX TO RAILWAY ACT.

151

Chi

71
73
73

1U3

94
67
DO
87
88
90
80
66
78, 79
67
94
10({

106

09
«t
114, 116
65
68
6d
81
82

73
73
73

74
74

76
77

80
86
90
97
97
100

102

1C3
103

104
104
106

106
106
11)7
107

75
110
118
119

• 9

5
9

t*17
25
2S

25
26

37
86-96
• 8

94
9G
t30
31
32
32
38

40
46
47

60
61
61
9
29
27
10

4f.

•a

14
13

14
8

13
9

95
99

4
5
6

2
11
19
30
13
16

Obstruction ofhighwaj by works ofrAilwny

UiBoers of Company, Directors shall appoint and talcc sicurity from

do &c., contraveninff by-laws, punislimeat of

OflTseti, extra breadth allowed fur ^

Orders, Ac, to be certified and kept in wriliog, in office of Company. And i«e

Bv-laws

Orerane passenger train, notice on blackboard at gtatiun, stntioK when train is

expected

Owner, interpretation of word

do of lands if absent or unknown, proceedings

Parliament— enactments by, as to service to Government, not to be deemed

infringement of privilege of Company

do may annul or dissolve any Company

do may reduce tolls by consent, after leaving 15 per cent, profit ,

Passenger;, Company to furnish sufficient, accommodation for

do to be taken, transported and discharged, on payment of legally

authorised toll or fare

refusing to pay fare may be put out

injured while on platform of car have no claim on Company for

damages <

not to carry dangerous goods

cars to be placed behind freight, ftc. cars

formalities required before opening railway for conveyance of

Penal clauses, offences and punishment

Penalty, for neglecting to file map, &c. of completed railway in office of Minister

of Public Works

on Clerk of Peace refusing to exhibit plan, &c »

for not putting up notice of probable arrival of overdue train at

station ~

how recoverable »

Penalty, Company may pay for employus and deduct from wages

do for failing to forward annual returns of capital, traffic, &c

for default in forwarding weekly returns of traffic, &c

for false return .'.

respecting railway statistics, liow recoverable

for opening railway without preliminary notices to Railway Com-
mittee y „

for opening railway contrary to order of Railway Committee

on telegragh operators refusini; to obey orders of Inspecting Engineer

for Company using moveable bridges when directed to use permanent..

for Company omitting to give notice of accidents to Railway Com-
mittee

for neglecting to deliver returns of accidents

for neglecting to forward traffic ..,. ~ ~

on constable neglecting duty

for resisting constable

Perjury, false statement made before Arbitrators to be m ~...

"Person," what to include under head "Railway Statistics."

Plea of general issue by Company when sued for damages ^

Plan of additional ground required for station, &c., to be transmitted to Minister

of Public Works with application, &c

Plan. 5'eeMapand Plan

Plans, documents, &e., to be submitted to Inspecting Engineer

Powers, general, of the Company m..„

"Prescribed," interpretation of

President to be elected by other Directors

do in absence of, Vice-President to act

do absence of, to be entered in minutes

Profile and map of completed railway to be filed with Minister of Public Works
Provincial Railways, subs. 16 and 16 of sec. 7 to apply to, in certain cases .......

Public wild lands and beaches, power to occupy

Public Works, Minister of, to examine and certify map, plan and book of refer-
ence of proposed railway

do
do

do
do
do

do
do

do
do
do
do

It
0*

82
f)9

i:.)
71

97
61

109
87
95

90
HI

102

118,121

70
70

97
121
121, 12J
101
101
102
102

10.1
103
105

105

106
108
110
110
112

75
100

104
61
62
89
90
90
70
66
64

• See C.P.R. Act, 44 Vict., Cap. 1.
f Amended by 44 Act Vict., Cap. 21.

INDEX TO RAILWAY ACT.

a
.2
o

8
12
13
33
3«
•J9

7
19
19

4
35
36
42
39
61
47

48
49

60
54
59

61
9

7
9

86
102

16
6

18
\?.
13

6
2

4
li

1.4

Public Workr, Department of, copies of maps, &c. of railway to be deposited in
do Company may take extra ground, &c., oa certificate of Minister of

do Proof of certii ate

do Minister of, to lay railway returns before Parliament ,

do Deputy of Minister of, to be Secretary of Railway Oomraittoe

do Railway Committee may direct one of engineers of Department

of, to examine railway proposed to be opened

do Minister of, to designate scale and pap«r of map of completed

road ~

do do may appoint an arbitrator in case of death disqualifica-
tion, &c

do do lo appoint third arbitrator, if not otherwise appointed...
Purchase money, Cump:iny not respons Itile f^jr disposition of

Quarry, branch, to connect with main or brancli line

Quorum of Directors to exercise powers of wliole

do act of majrrity of, to be act of Directors

Rails, one or more lines of, may be Inid ~...

do not to rise more than one inch from level of higiiway _.

Railway, penalty for opening contrary to orde." of Railway Committee

do Company not bound by order unless notified

"Railway, The," interpretation of expression

Railway, incorporated by Provincial liegislature, certain provision to apply to..

do and tolls, chargeable for rent or purchase money

commencement and completion of «

not to be opened until after one months' notice

penalty for opening without notices from Railway Committca

Inspecting Engineers may examine ..• -.

Company, kc, to afford necessary information

i jterpretalion of word, as respects traffic "•

Inspection Fund

constructed under Special Act of Parlip.mrnt of Canada, to be

governed by this Act, unless excepted by Special Act.....

Committee, the approval of, of mode of crossing, interssction, &c.,

with other lir«s mist be obtained

certain, to be subject to, nart 2 of this Act

do
do
do
do
do
do
do
do

Railway Committee, Governor may appoint from Privy Council.

do
do
do
do
do

do
do

do
do
do

do
do
no

to appoint Chairman and Secretary

may condemn railway, &c., order alterations in works

may postpone opening of railway

10 fix forii of record, appointment, &c

consent of, must bo. obtained before substituting moveable

bridge for permanent bridge ~

may lequire highway to be carri'^d over or under railway ..
to settle dispute beiween Municipality and Company as

to level crossing out of repair

may regulate speed of trains, times of running

orders of, what to be deemed .sufficient notice thereof.

to have powers qf Board of Railway Commis?ionera, under

Chap. 66, C.S C.

with sanction of Oov(^rnor-iti-(Jouiicil miy confirm or
disallow order of Engineer, foibiddiag running of

trains

Con°ttt'.V"s, appointment of See Constables

Rectors, pov/ers 1' ;;ed as to glebe lards in Ontario

Registry ol^ice of tiiy, county,'&c., deposits in, of maps, &c

Rent, offer to pay, to tie made to opposite party.

do on interest of purchase money, to be worlting cxpens •

Repeal of fu'mer Acts and saving clause

Return, false, penalty for

do semi-anrual, of accidents to be made to Railway Committee
do what rj set forth

lOJ

102

103

75
74

67
89
89

103

100

102

103

104

lot

110

121

66
61

ie.<

102
103
103
112

105
105

Hi6
107

108

104

112

118

Vi-

107

107,8

III

See C.I'.Ji. Act, 44 Vict., Cai>. 1.

INDEX TO EAILWAY ACT.

163

lOJ

102

103

7.5
74
72

67
89
89

103

100

102

103

104

lot

110
12 V

66
61

le.'.

102
103
103
112

105
106

lii6
107

108

104

112

118

12'

107

1107,8

a
o

-3

* 30

■ •••••••

t ....
58

9
9

24
24
60

23
2J
20
20
20

• 22

7
15
16

7
1

• 9

29-34

• 22

48
27
7
8
9
9

28
23

1-4

3
12
13

3
3
4

18
6
6

•>.

'40"

20
3
6

Returns of capital and traffic and working expenditure to be annually forwarded

by Company ~ ~

do weekly, of traffic to be forwarded, &c , and posted in head office of
Company

do to be privileged communications

do Bpeuial return of serious accidents to be made >

do railway companies, form of, schedules 1 and 2

do of accidents to be privileged commuuications

Ri(;hts of Her Majesty and others, not aifected except as mentioned in Act . ...
Rivera, &c., what extent of land covered by waters of, may be taken »....-

do and Canals. See Navigable waters, &c.
RoUinp Stock', to be examined by Engineer directed by Railway Committee...

do may be condemned by Railway Committee on report

Rules and Orders. See By-laws.

Sale to Company by corporations, &e., to vest fee simple.

School or church purposes, power of trustees limited

Secretary, certificates of, and their effect

do notices by, to be evidence

i Shareholders, two-thirds of, to consent to traffic arrangements made between

railway companies

do individual liability of

do account of names and residence entered in book

.shares, forfeited or unsubscribed. Directors may sell or pledge

do forfeited, purchaser's title not affected by irregularity in proceedings

do nmy be paid up in advance, interest allowed ^.^^

do Kow transferred, dividend on, &c

do form of sale

do not transferable until all rails ]iaid

do no transfer of a fraction of ^

do transmission of, otherwi.^^e than by transfer

"Sheriff," interpretation of word

Short title of Act

Siding, this Act and amenaii^g Acts ^ apply to

Signboards at highway crossings, provisions respecting

.Snow-fences, when may be erected and when to be removed „

Special Act, this Act to be incorporated with, unless varied or excepted

do manner of excepting parts from incorporation

"Special Act, The," interpretation of the expression

Spring, branch to connect with

12
i5

Station, proceedings when more land is required for

Stations, power to erect

do extra breadth of land allowed for

do or gravel pits, whole lots may be purchased for, and portion not'
necessary may be sold I

do Inspecting Engineer may at all times examine

Stati.sticB and returns ,

Stock, capital, may be inci'eased, and how

do of Company to be personal estate .

dc Company not to purchase stock in their own or in any other company...
Stone, sand, &c. See Earth, materials, &c..
Streams. See Rivers. Navigable waters,

Street, railway crossing, on tlia level

Suits for damages, Ac, limitation of

Surveys, examinations, &c., power to make, and where ~ ,.

do and levels, maps, plan.s and book of reference, proviu.^ns respecting....
Surveyor, certificito of, as to land, required ,

ao Judge to appoint, as sole arbitrator in certain cases...... . ..m..

101

101
102
108
126, 126
108
100
71

103
103

72
71
95
95

109
94
9t
92
92
92
93
93
93
93
93
63
61
67
84
85
61
61
6i
67
81
65
71

Telegraph, Company, may be required to place at exclusive disposal of Qovern-

mtnt

do line may be constructed by and for use of Government ..., ,

do enactments, Parliament, respecting use of «....

80
104
100-102
68
93
94

105
98
66
68
73
74

90
89
99

• Sec CP.R. Act, 44 Vict. Cap. 1.
t AnunJcd by Act 44 Via., Ca^, 21.

\ v

154

INDEX TO EAILWAY ACT.

§•

•a

• 28

2,3

• 17

9- '.2

• 17

tM7

•••••••••

■•■ •••••

1-2

7,8

27, 23

do
do
do
do

do
do
do

all

Teleerapo Gompany's may be used by Inspecting Engineer

do operators to obey orders of do « »•••■

Tenants in tail or for life, kc, may convey lands to Company

Tenders for works to be invited by public notice

Termini, railway not to extend beyond, in Special Act

''Toll," interpretation of word ,

Tolls, &c., power, &c., to regulate, for transport of persons, &c

do for passengers and goods transported to be fixed by by-law

enforcement of psymentof

on unclaimed goods to be paid out of proceeds of

may be raised or reduced

same, to be payable at same time, under same circumstances, upon

goods ana by all persons

fractions of a mile or ton, how reckoned in charging

table of, to be posted where tolls are collected -^

subject vO approval of Governor in Council and publication in Canada

Gazette

how altered by Order in Council » ^

may be reduced by Parliament by consent

for carriage of fler Majesty's mail or forces, &c., enactments by Parlia

ment, provisions respecting

Town or city, branch line to „

Track, one or more, mav be made ^. _

do none but employes to walk on. » ~

TrafSc, interpretation of > ~

do arrangements may be made by one company with another

do railway companies to afford each other every facility for

do penalty for neglecting to forward

Trains overdue, what notice to be posted at station

Trains to start at regular hours, and furnish sufiScient accommodation for

passengers and goods »

do may be forbidden to run on railway considered dangerous

do speed of, and times of running may be regulated by.

Trees, power, &c., to fell and remove on either side

Trusts, &&, lands conveyed to Company discharged from

do Company not bound to see to execution of.

Trustees, &c., may convey lands to Company. And Sei Church, School, &c
Tunnel to be examined by Engineer directed by Railway Committee

do may be condemneo by^ Railway Committee.,
"Two Justices," interpretation of expression

Undertaking, interpretation of word

Unsubscribed or forfeited shares, how dealt with.

Vactacies in Board of Directors, how filled

Valuator, &c., not disqualified unless personally interested.

Viaduct may be condemned by Railway Committee,

Vice-President to be elected by other u\ 3stors

do to act in absence of President

Village, branch line to connect with

Vote, who entitled to, at election of Directors

do each Director to have but one

do casting, of Chairman.

Votes to be in proportion to number of shares held

" and proxies, majority c' to determine question

Voting by proxy, permitted to all Shareholders

Warrant of possession, to put Company In possession of lands

do notice to be given,— deposit of compensation required, and how dealt

with >

Water course, power to construct railway across or along

105

1C5

100

86,86

86
86
86

86.87
87
87

110

109

III)

101

lO^J

103

62
92

88
76
103
89
90
67
87
89
8»
88
88
88

77
65

• Ste C.P.L. Act, 44 Vict., Cap. 1.
t AmtmM by Act 44 Vict., Cop, 21.

y^t-

••

105

„

105

100

fli

• ■

••

86,86

»*

86
86
86

86.87
87
87

110

109

110

301

lOfi

103

62
92

88
76
103
89
90
67
87
89
89
88
88
88

77
65

INDEX TO RAILWAY AQT.

15$

•a

38, 39

10,

^eeds, noxious, removal of !."...'.".".'!! "."." "'■"

Well, branch to connect with lines .^.."..'. "

wharves, power tc jiact " "

Whistle of locomotive to be sounded arevei^''cros3inB

dn^^t^^^"'-!'' Interest of, purchase money ot rent, to be.V.V:;;.;

do the railway, provisions respecting..... „ "!!!!!."""!

80
118
67
62
96
118
95

Pacific Railway are 37 V;, c 14 fextend^to N W T hv 4 v ' 1""* ^?,^"' '«^**^"« *<> ^^^ Canadian
the firs* of these Railways this Act aDnlies so' S;«Ttf J"' •*'-''^' "' ">-*,? ^- "• " «"»<» I*. To
lecond in like manner, un^der 37 y.^c 14, s 4 subs 9 ?o 18 P'"'"""^' "« applicable, s. 2 ; and to the

i' I

llsfc.