CHAPTER 129. An Act relating to the Nova Scotia Eastern Railway. Be it enacted by the Governor, Council, and Assembly, as follows:: extended. 1. Notwithstanding any provision of chapter 130 of the Charter Acts of 1901, chapter 136 of the Acts of 1902, chapter 213 of the Acts of 1903, or chapter 138 of the Acts of 1903-4, being Acts relating to Nova Sootia Eastern Railway Company, Limited, the body corporate known as The Nova Scotia Eastern Railway Company, Limited, is continued with all its rights, franchises, powers and privileges, until the first day of June, A. D., 1905, and for such further period as the Governor-in-Council directs, but not exceeding one month from the said first day of June, A. D., 1905. extended by 2. The Governer-in-Council is authorized and empower-Contract ed, upon sufficient cause shewn, to extend the time for filing Gov.-in-Council. plans, commencing the construction of and completing the Nova Scotia Eastern Railway, as fixed by the contract entered by the Nova Scotia Eastern Railway Company, Limited, for the construetion and operation of said railway, dated the fourth day of February, A. D., 1903, and confirmed by chapter 1 of the Acts of 1903, for such period or periods as may be deemed expedient, notwithstanding the non-compliance by the said company with the requirements of said contract in respect to filing plans and commencing construction. 3. In case the Nova Scotia Eastern Railway Company, Power to grant Limited, fails to comply with the provisions of its Act of new charter. Incorporation and amendments thereto, and with the terms, conditions and covenants contained in said contract, within the extension or extensions of time granted by the next two preceding sections, and satisfactory evidence is furnished by any persons, not incorporated in Nova Scotia, that they are financially in a position to construct and operate the railway proposed to be constructed and operated by the Nova Scotia Eastern Railway Company, Limited, and are prepared to enter into a contract for such con Power to make new contract. struction and operation, the Governor-in-Council may grant a charter to such persons incorporating them under such name as is deemed fitting, and conferring upon the corporation so created the rights, franchises, powers_and privileges conferred upon The Nova Scotia Eastern Railway Company, Limited, by the Legislature of Nova Scotia, with such modifications and additions as are deemed expedient, and such charter from and after the publication thereof in the Royal Gazette, shall have the same effect as if it were an Act of the Legislature of the Province. 4. The Governor-in-Council may authorize a contract to be made with the corporation so created, for the construction and operation of said railway in the terms of the said contract with The Nova Scotia Eastern Railway Company, Limited, with such modification and additions as are deemed expedient. Preamble. CHAPTER 130. An Act respecting the sale of Property of the Midland Whereas, the Midland Railway Company, Limited, has constructed its line of railway from Windsor, in the county of Hants, to Truro, in the county of Colchester, and owns the said railway and certain franchises, equipment and other property in the province of Nova Scotia; And whereas, the shareholders of the said Midland Railway Company, Limited, have duly authorized a sale of its entire undertaking, railway, property, assets, rights, privileges and franchises, to the Dominion Atlantic Railway Company; And whereas, the Dominion Atlantic Railway Company has agreed to issue and deliver to the Midland Railway Company, Limited, certain debenture stock as the consideration for the sale aforesaid; Be it enacted by the Governor, Council, and Assembly, as follows: property. 1. The said Midland Railway Company, Limited, is Power to convey authorized and empowered to transfer and convey its entire undertaking and all or any part of its railway, property, assets, rights, privileges and franchises to the Dominion Atlantic Railway Company, and to acquire, hold, sell, pledge and dispose of the debenture stock so to be issued by the Dominion Atlantic Railway Company to the Midland Railway Company, Limited, as a consideration for the sale and transfer of its undertaking and property. shall cease to 2. After the conveyance of its said undertaking, rail- When company way, franchises, equipment and property by the Midland do business. Railway Company, Limited, to the Dominion Atlantic Railway Company hereby authorized, the Midland Railway Company, Limited, shall not carry on any business as a railway company and shall not exercise its corporate powers or make use of its corporate name for any purpose whatever, except for the purpose of enforcing and collecting any claims which it may have against the Dominion government in respect of claims for subsidy, and, as soon as the conveyances, assignments, transfers and releases necessary or proper to carry into effect the proposed sale to the Dominion Atlantic Railway Company, have been duly made, done and executed by it, and the said claims for subsidies or bonuses have been enforced and collected, the said Midland Railway Company, Limited, shall be wound up under The Winding Up Act of the province of Nova Scotia. to build railway. 3. The Dominion Atlantic Railway Company is em- Power granted powered to construct a line of railway from Truro to the shores of Northumberland Strait along such route as the Governor-in-Council shall approve. Section 39 amended. CHAPTER 131. An Act to amend Chapter 132, Acts of 1902, entitled, "An Railway Company, Limited." (Passed the 7th day of April, A. D., 1905.) SECTION 1. Section 39 amended. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 39 of chapter 132 of the Acts of 1902, entitled, "An Act to incorporate the Cape Breton Northern Railway Company, Limited," is amended by striking out the word three" in line three, and inserting in lieu thereof the word "six." CHAPTER 132. An Act to amend Chapter 110, Acts of 1895, entitled, “An amendment thereof." (Passed the 7th day of April, A. D., 1905.) Section 15 amended. Mortgage confirmed. Be it enacted by the Governor, Council, and Assembly, as follows:: 1. Section 15 of chapter 110 of the Acts of 1895, is amended by adding after the word "trust," in the thirtyseventh line of said section, the words "which purports to be covered by said mortgage or deed of trust." 2. The mortgage of the company, made to the Guardian Trust Company of New York, as trustee, and bearing date the first day of May, 1903, and recorded in the office of the commissioner of mines for the province of Nova Scotia, at Halifax, in said province, and the coupon bonds secured by said mortgage, are hereby confirmed and declared to be binding as in said mortgage expressed, and as fully as if the same were set out herein, and shall be, subject to the provisions of chapter 171, Revised Statutes, 1900, and amendments thereto, a first lien upon the property of the company, at present owned and possessed and hereafter acquired by the said company. 3. The stock of the said company heretofore issued, is stock valid. hereby declared to be validly issued, and where issued as fully paid stock to be fully paid up stock. binding. 4. The deed of trust dated the 7th day of March, 1903 Deed of trust made between the said company of the first part, and the Royal Trust Company, the trustee, of the second part, and recorded in the said office of the said commissioner and the bonds secured or to be secured thereby, are hereby confirmed and said bonds are hereby declared to be binding as in said deed expressed and as fully as if the same were set out herein and shall be subject to the provisions of chapter 171, Revised Statutes, 1900, and amendments thereto, a first lien upon the property at present owned and possessed or hereafter acquired by the said Cape Breton Coal, Iron and Railway Company, Limited. CHAPTER 133. An Act to amend Chapter 133 Acts of 1902, entitled, An Act to incorporate the Nova Scotia Northern Railway Company, Limited. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Section 1 of chapter 133 of the Acts of 1902, is here- Section I by amended by inserting after the word "broker" in the amended, 3rd line thereof, the words "Thomas Drummond, George E. Drummond, Edgar MacDougall, all of Montreal, capitalists; Nathaniel Curry, of Amherst, Nova Scotia, merchant; and G. Fred. Pearson, of Halifax, Nova Scotia, barrister-at-law." |