any action may be brought within six months after such transfer. 4. The first meeting of the company shall be held at Meetings. such time and place as the majority of the above-named corporators may determine and of which written notice, signed by a majority of the said corporators, shall be deposited in the post office, registered and addressed to each of the said stockholders, at least twenty days prior to the time fixed for said meeting. The general meeting of the stockholders shall be holden at such time and place as the directors may determine. Special meetings of said stockholders may be held whenever a majority of the directors so order, or when the holders of one-third part of the capital stock issued shall, in writing, request. Annual and special meetings of the stockholders shall be called by a notice signed by the secretary of the company, addressed to each stockholder and deposited in the post office, postage paid and registered, at least fifteen days prior to the date fixed for said meeting. At the first meeting of the company the corporators present, in person or by proxy, shall organize the company, establish by-laws not inconsistent with the laws of the Province of Nova Scotia or Dominion of Canada elect a clerk and a board of directors, consisting of not less than five nor more than nine persons, who shall hold office one year and until others are elected and qualified in their stead. ing. 5. At each annual meeting after the year 1907, there Annual meetshall be chosen a clerk of the company who shall also be the clerk of the board of directors, and the board of directors, consisting of not less than five nor more than nine persons; said directors shall have the control and management of all the business of the company, choose a president of the corporation and all other officers that may be in their judgment necessary from time to time, determine their duties, fix their compensation and employ such other agents and servants as may be desirable. of directors. 6. Any stockholder holding in his own right ten shares Qualification of the capital stock of the company on which all calls are paid up shall be eligible to be elected a director, but upon his ceasing to hold the required number of shares his office shall, ipso facto, be vacated, and the directors shall be authorized to choose another shareholder to serve in his place. 7. In the event of the death or removal from other Vacancies. cause of any director or other officer of the company, the Agent. May take land. directors may choose one from among the stockholders eligible for election to fill the place until the next annual meeting. 8. The directors of said company shall appoint an agent residing in Nova Scotia, whose name and address shall be registered in the Registry of Deeds of the various counties through which its railway runs, and service of legal process or notice on such agent, or on the president or secretary of said company, shall be deemed to be sufficient and legal service of the same, and if no such agent is so resident within the province, such service may be made by leaving such notice or process at the principal place of business of said company within the province. 9. This company shall have the right and is hereby authorized to take land and other property for the purposes for which it is chartered, and in taking the same and in all matters relating thereto, shall be governed by and be entitled to the benefit of Chapter 99, Revised Statutes of Nova Scotia, 1900, and said company shall have the right to enter on any ungranted lands belonging to this province which may be required for the use of said railway, adjacent to the line thereof, for tracks sidings, yards or other purposes, and taking free of cost all materials required for said railway, and are hereby authorized and empowered to exercise all the powers necessary for locating, building, maintaining and operating such railway, and to purchase and hold within the province, lands, houses, materials, engines, cars, and all the appurtenances of a railway, to make such connection as they may think proper, with any other railway, or any other steamboat company or corporation within the province, either by leasing the whole or any part of said railroad or other corporations on such terms or for such length of time as may be agreed upon, or by consolidating the stock of their road with that of any other railroad company, upon such terms as may be agreed upon, or to sell any part of such railroad and the franchise to maintain and operate such part thereof, upon such terms as may be agreed upon, and to enter into and to execute appropriate contracts for any such purpose and to make, execute and deliver good and sufficient deeds of the whole or any part of said railway and its property and appurtenances, together with its franchise, to maintain and operate said railroad and any part thereof to such persons or corporators as may be for the interest of the stockholders, subject, however, to the laws of this province respecting railways and the approval of the Governor-in-Council. grants. 10. It shall be lawful for the company to receive, either May receive by grant from any government or from any individuals or corporations, municipal or otherwise, as aid in the construction of such railway and works, any Crown lands, or any other real or personal estate or property, or any sums of money or debentures, either as gifts by way of bonus or in payment, and legally dispose of the same, and to alienate the land and other real and personal property for the purposes of the company in carrying out the provisions of this Act. 11. It shall be lawful for the company to construct, Crossings. maintain and operate a railway over, under and across any land, railroad, tramways, highways, rivers, brooks r streams (navigable waters excepted), subject to chapter 99 of Revised Statutes of Nova Scotia, 1900. provisions. 12. The company shall own such railways and generally General shall do such acts and make such rules and regulations in respect to the operation thereof as it may consider necessary and expedient, and shall have full power and authority to make, ordain, establish and enforce by-laws and regulations, not inconsistent with the laws of the province, for its own government, the due and orderly conduct of its affairs, the levying of tolls, and the general management of its property, such rules, regulations and by-laws to be subject to the approval of the Governor-in-Council; provided, always, that said company and the franchises hereby granted shall be subject to such conditions for securing such running powers or traffic arrangements and other rights as will offer any reasonable facilities and equal mileage rights to all railways connecting with said line of railway as the Governor-in-Council may prescribe. holders. 13. A list of the stockholders of the company and the List of stocknumber of shares held by each, shall be filed on the first day of July in each year in the Registry of Deeds of each county in which said railway is situate, and it shall not be necessary to file any other certificate of transfer or copy thereof. 14. The Nova Scotia Railway Act "Of Railways," as Railway Act to comprised in chapter 99 of the Revised Statutes of Nova apply. Scotia, 1900, is hereby incorporated into this Act and made a part thereof. 15. The directors of said company are hereby authorized Bonds. and empowered to issue the registered or coupon bonds of the company to an amount not exceeding the amount of stock outstanding and actually paid up at the time of said ...Mortgage. Painting and affixing. When Act shall cease. issue, upon such terms, in such denominations, upon such rate of interest, and upon such other terms, stipulations and conditions as they may, by vote, determine; and said bonds shall be under the seal of the corporation and signed by its president and treasurer. 16. To secure the payment of the aforesaid bonds the directors of said company are hereby authorized and empowered to cause to be executed and delivered, in the name and behalf of said company, a deed of mortgage of the whole or any part of its railroad, right-of-way, or equipments, or of its real or personal estate, wherever situated, and of its franchise to be a corporation, to such person, persons or corporation, as trustee for the holders of the aforesaid bonds, upon such time, terms, stipulations, conditions and agreements as they may by vote determine, and may include therein such provisions, stipulations and agreements as may be necessary or appropriate to convey to such trustee any property said company may acquire after the date of said deed, and subject the same to all the provisions thereof. Said deed shall be under the seal of the said company and be signed by the president and treasurer. Said directors may grant to said trustees such powers as they may see fit, and prescribe his duties, and shall determine and insert in said mortgage the way and manner in which the same may be foreclosed. 17. This company shall paint or affix, and keep painted or affixed, its name with the word limited" after it on the outside of every office or place of business of the company, in a conspicuous position, in letters easily legible, and shall have its name, with the word "limited" after it, mentioned in legible characters in all notices and advertisements and other official publications of the company, and other writings used in the transaction of its business; and for every neglect or non-compliance with the provisions of this section by any officer of the company, such officer shall be liable to a penalty of twenty dollars. 18. This Act shall become null and void if the construction of the railway herein contemplated be not commenced within two years after the passing of this Act. CHAPTER 165. An Act respecting the Port-Hood-Richmond Railway Coal Company, Limited. (Passed the 28th day of March, A. D., 1907.) SECTION. 1. Interpretation. SECTION. 2. Section 15, Chapter 181, Acts of Be it enacted by the Governor, Council, and Assembly, as follows: دو 1. In this Act the expression "the company shall be Interpretation. understood to mean the Port Hood-Richmond Railway Coal Company, Limited. ,, 181, Acts of 2. Section 15 of chapter 181 of the Acts of 1903, is Sec. 15, Chap. amended by omitting the words from "the" to "company," 1903, amended. both inclusive, in the last three lines thereof. 3. The scheme of reconstruction and arrangement of the Port Hood Coal Company, Limited, sanctioned by the Supreme Court of Nova Scotia, on the 27th day of July, 1906, by an order made "In the matter of the Port Hood Coal Company, Limited, 1906, A. No. 14879," and which said scheme of reconstruction and arrangement is attached as a schedule to the said order on file at the Prothonotary's office at Halifax, the deed of transfer and assignment of the Port Hood Coal Company, Limited, to the company, the mortgage-deed to secure the sum of $74,000.00, made by the company to the Union Bank of Halifax, the indenture of trust of the company to the Eastern Trust Company to secure a bond issue of $101,000.00, the indenture of trust of the company to the Eastern Trust Company to secure a bond issue of $135,000.00, therein called first mortgage bonds, and a bond issue of $865,000.00. therein called second mortgage bonds, all bearing date the third day of August, 1906, and registered and filed in the Registry of Deeds for the County of Inverness, and also recorded in the office of the Honourable the Commissioner of Public Works for the Province of Nova Scotia, at Halifax, in said Province, and the bonds issued under the said two indentures of trust, and all other lawful acts and deeds of the Port Hood Coal Company, Limited, and of the company in connection with the said order, are hereby confirmed and declared to be binding on the bondholders, creditors and |