Power to acquire gravel lands.

What is necessary to be done on acquiring gravel lands.

Power to lay down sidings, &c.

shall have the same lien for the amount thereof upon such goods and commodities as the person to whom such charges were originally due, and shall be subrogated by such payment in all the rights and remedies of such persons for such charges.

19. Whenever it shall be necessary for the purpose of procuring sufficient lands for stations or gravel pits, or for constructing, maintaining and using the said railway, and in case by purchasing the whole of any lot or parcel of land over which the railway is to run, the Company can obtain the same at a more reasonable price, or to greater advantage than by purchasing the railway line only, the Company may purchase, hold, use, and enjoy such lands, 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 clauses of the " British Columbia Railway Act" shall not apply to this section.

20. When stone, gravel, earth, or sand is or are required for the construction or maintenance of the said railway, or any part thereof, the Company may, in case they cannot agree with the owner of the lands on which the same are situate for the purchase thereof, cause a Provincial Land Surveyor to make a map and description of the property so required, and they shall serve a copy thereof, for their notice of arbitration, as in the case of acquiring the roadway, and the notice of arbitration, the award, and the tender of the compensation shall have the same effect as in the case of arbitration for the roadway; and all the provisions of the "British Columbia Railway Act," and of this Act, as to the service of the said notice, arbitration, compensation, deeds, payment of money into Court, the right to sell, the right to convey, and the parties from whom lands may be taken, or who may sell, shall apply to the subject-matter of this section, as to the obtaining materials as aforesaid; and such proceedings may be had by the said Company either for the right to the fee simple in the land from which the said material shall be taken, or for the right to take materials for any time they shall think necessary; the notice of arbitration, in case arbitration is resorted to, shall state the interest required.

21. When said gravel, stone, earth, or sand shall be taken under the preceding section of this Act, at a distance from the line of railway, the Company may lay down the necessary sidings and tracks over any lands which may intervene between the railway and the lands on which said material shall be found, and all the provisions of the "British Columbia Railway Act," and of this Act, 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 so acquired for a term of years, or permanently, as the

Company may think proper; and the powers in this and preceding section may at all times be exercised and used in all respects after the railway is constructed for the purpose of repairing and maintaining the said railway.

22. The Company shall have power to purchase and hold such land Power to hold land as may be required at each extremity of the said railway for the for warehouses, &c. purpose of building thereon storehouses, warehouses, engine-houses, and other erections for the uses of the said Company, and the same or portions thereof in their discretion to sell, re-convey, and also to make use, for the purpose of the said railway, of any stream or water-course at or near which the said railway passes, doing, however, no unnecessary damage thereto, and not impairing the usefulness of such stream or water-course.

holders.

23. Aliens and companies incorporated abroad, as well as British Aliens may be share subjects and corporations, may be shareholders in the said Company, and all such shareholders, whether resident in the Province or elsewhere, shall be entitled to vote on their shares equally with British subjects, and shall also be eligible to office as Directors in the said Company.

Act."

24. All the provisions of the "British Columbia Railway Act," "B.C. Railway except as varied by this Act, shall apply to the said Company.

25. The railway authorized by this Act to be constructed shall be Commencement and commenced within three years and completed within five years.

completion.

26. This Act may be cited as the "Nicola Valley Railway Company Short title. Act, 1891."

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.

WHEREAS a Petition has been presented praying for the incor- Preamble.

poration of a Company for the purpose of constructing, equipping, maintaining, and operating a line of railway from the City of Vancouver, thence to run in a southerly direction to the North Arm of the Fraser River; thence across the North Arm to Lulu Island; thence in a southerly direction across Lulu Island to the South Arm of the Fraser River; thence to be connected by a steam ferry, or otherwise, with some point on the south bank of the Fraser River, near Ladner's Landing; such line of railway to be operated by steam, horse, or electric power:

And whereas it is expedient to grant the prayer of the said Petition : Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. Harry Abbott, John Milne Browning, and William F. Salsbury, Incorporation.

all of the City of Vancouver, in the Province of British Columbia, and

Dominion of Canada, and such other persons and corporations as shall

in

pursuance of this Act become shareholders, are hereby constituted

a body corporate and politic by the name of "The Vancouver and

Lulu Island Railway Company."

2. The Company may lay out, and construct, and operate a railway, Power to construct of a gauge not less than three feet, from the City of Vancouver; thence railway, to run in a southerly direction to the North Arm of the Fraser River; thence across the North Arm to Lulu Island; thence in a southerly direction across Lulu Island to the South Arm of the Fraser River;

Capital stock.

Provisional Direct

ors.

Head office.

First general meeting.

Annual general meeting.

Power to acquire land.

Power to construct telegraphs.

Power to drain marsh lands.

Power to make agreements with other companies.

(INCORPORATION).

thence to be connected by a steam ferry, or otherwise, with some point on the south bank of the Fraser River, near Ladner's Landing; such line of railway to be operated by steam, horse, or electric power.

3. The capital stock of the Company shall be one million dollars, divided into ten thousand shares of one hundred dollars each, which shall be applied first to the payment of all costs and expenses incurred in obtaining the passage of this Act, and the remainder for the purpose of the Company's undertaking.

4. The persons named in the first section of this Act shall be and are hereby constituted Provisional Directors of the Company, of whom two shall form a quorum for the transaction of business, and they shall hold office until the first election of Directors under this Act, and shall have power to open stock books and procure subscriptions of stock for the undertaking, and to proceed with all necessary preliminary undertakings and to cause plans and surveys to be made.

5. The head office of the Company shall be in the City of Vancouver, or at such other place in the Province as the Company may from time to time appoint.

6. The first general meeting of shareholders shall be held in the City of Vancouver, for the purpose of electing Directors, by giving at least two weeks' notice by public advertisement in the British Columbia Gazette and in some daily newspaper published in the said city.

7. The subsequent annual general meeting of shareholders shall be held at such times as may be determined by the by-laws of the Company.

8. The Company may receive, acquire, and hold grants of land for the purposes of the said Company, and may also purchase or lease any land grants or privileges for the same purposes.

9. The Company may construct and operate electric telegraph and telephone lines along and in connection with the railway, and may construct elevators, wharves, warehouses, and other buildings as may be found requisite for carrying on the traffic of the Company.

10. The Company may drain any marsh or flooded lands which may be granted or leased to the Company from time to time; provided such works of drainage shall not interfere with vested rights or injuriously affect other property.

11. The Company may enter into an agreement with any other company, whose line of railway connects with the railway, for conveying or leasing to such company the railway of the Company in whole or in part, or any rights or powers acquired under this Act, subject