49. In the event of the incorporation, within the meaning of the Municipal Acts for the time being in force in this Province, of the Town of Nelson, the said corporation so created shall at any time they may think fit have the right to purchase, and the Company shall be compelled to sell, the works and property of the Company, on the said corporation paying to the Company, a sum sufficient to make up the interest on the capital invested in cost of construction and maintenance to the amount of fifteen per cent. per annum to date of purchase, after taking into account any profit that may have been made up to that time, and a further sum equal to a bonus of fifty per cent. on the capital actually invested : (a.) In arriving at the sum to be paid by such corporation, the words "cost of construction" shall be deemed to include: - (1.) All sums of money actually and bonâ fide spent in and about the organization of the Company, including all engineering, legal, and clerical expenses: (2.) All sums of money actually and bonâ fide spent in and about the construction and maintenance of said works up to date of purchase of the said works and property: (3.) All sums paid by the Company as and for damages, value, and compensation, to any person or persons, or body of persons, in accordance with the provisions of sections 19 to 36, inclusive, of this Act: (4.) All or any sum or sums reasonably and actually paid by the Company to any person or persons, or body of persons, under the provisions of section 46 of this Act. 50. The books of the said Company, and the enteries therein, shall be deemed and taken for all purposes of the preceding section of this Act, to be primâ facie evidence of the payment of any and all sums of money referred to in the said section: Provided that the said books shall at all reasonable times be open to the inspection of the said municipality after it shall be incorporated; and provided also that the said books shall be audited annually by an auditor to be appointed by the Company, and to be approved by the Lieutenant-Governor in Council. 51. Upon payment of the said amounts by such corporation to the Company, the transfer of the said works and property to the said corporation by the said Company shall be immediately completed, and thereupon all the rights, privileges, and powers created and granted to the said Company by this Act, shall enure to the said corporation in the same manner as if the said corporation had been named therein in place of the said Company. Crown and future 52. The powers and privileges conferred by this Act, and the pro- Power and privileges visions hereof, are hereby declared to be granted, subject to the rights subject to rights of of the Crown, and also subject to any future legislation regarding the legislation, etc. subject matter of this Act, or of the powers and privileges hereby conferred, which the Legislature may see fit to adopt; and this Act is passed upon the express condition that the Lieutenant-Governor in Council may from time to time impose and reserve to the Crown, in right of the Province, such rents, royalties, tolls, and charges in respect of the waters, or of the lands of the Crown (if any), rights and privileges, which shall be set out, appropriated, or enjoyed by the Company, or are conferred by this Act, as by the Lieutenant-Governor in Council shall be deemed to be just and proper; and may likewise make and pass such regulations and rules as may be deemed necessary and advisable for the collection and enforcement of such rents, royalties, tolls and charges, or any of them, but so that no increase in the amount of any such rents, royalties, &c., fixed by any such Order in Council, shall be made within the space of five years from the passage of the Order in Council fixing the same. 53. This Act may be cited as the "Consumers (Nelson) Water Short title. Works Act, 1892." VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty An Act to create the Roman Catholic Bishop of [23rd April, 1892.] WH HEREAS a petition has been presented by the Right Reverend Preamble. John Nicholas Lemmens, the present Roman Catholic Bishop of Vancouver Island, praying that the said Roman Catholic Bishop and his successors in office be created a Corporation Sole: And whereas it is expedient to grant the prayer of the said petitioner : Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. The said John Nicholas Lemmens, the present Roman Catholic Incorporation. Bishop of the Diocese of Vancouver Island is, and he and his successors in office duly nominated and appointed as such Bishop according to the usages and rights of the Roman Catholic Church, shall be a Corporation Sole, with perpetual succession, under the name and style of "The Bishop of Vancouver Island," with power to acquire and hold lands; and all lands, real estate, tenements and hereditaments heretofore granted, conveyed, or devised to, or which are now vested in, the said John Nicholas Lemmens, or which hereafter shall be granted, conveyed or devised to "The Bishop of Vancouver Island," shall be vested in the said Corporation Sole, subject to any trust affecting the same, with power, subject to all existing trusts, to sell, convey, lease, mortgage, or otherwise deal with the same, or any part thereof. Vacancy. Short title. 2. Upon a vacancy happening in the office of "The Bishop of Vancouver Island," the person who shall for the time being be appointed, according to the usages and rites of the Roman Catholic Church, to administer the affairs of the Roman Catholic Church in Vancouver Island, shall have entire control over the rents, issues, and profits of the real and personal property of the said Corporation, until the nomination and appointment of another Bishop, in manner named in section. one of this Act. 3. This Act may be cited as the "Bishop of Vancouver Island Incorporation Act." VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. |