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CHAPTER 159.

An Act to amend Chapter 130 of the Acts of the year 1900,
entitled, "An Act to incorporate the Cape Breton
Electric Tramway and Power Company,
Limited," and to change the name
thereof.

(Passed the 4th day of April, A. D., 1901).

Chapter 130,
Acts of 1900,

amended by

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Be it enacted by the Governor, Council, and Assembly, as follows:

༤.

The "Act to incorporate the Cape Breton Electric Tramway and Power Company, limited," chapter 130 of changing name. the Acts of the year 1900, is amended by changing the name of the said company to the "Cape Breton Electric Company, limited," and wherever the name of "The Cape Breton Electric Tramway and Power Company, limited," appears in the said Act, it is hereby changed to "The Cape Breton Electric Company, limited.'

Section 2 of said chapter amend

ed.

2. Section 3 of said chapter is amended by adding at the end thereof the following:

The company may also, for the purpose of providing for the operation of its railway and for the purpose of furnishing electricity for any useful purpose, construct, erect and maintain over, upon or under the streets, roads. highways and public places situate in the said municipality of the county of Cape Breton, and in the incorporated towns which now are or hereafter may be contained therein, all poles, wires, conduits and conductors, which may be reasonably necessary for the purpose of transmitting electricity for the purposes aforesaid. The company may also construct, lay and maintain its railway, and its poles, wires, conduits and conductors for railway purposes over private lands wherever it may be necessary; and in such cases where it cannot obtain the necessary land or interests therein, shall have the right to take the same by expropriation proceedings, as provided in sections 27, 28, 29 and

30 of said chapter 130; provided that when such poles, wires, conduits or conductors are erected for such railway purposes the same may be used for any of the other purposes of the company. The company may also, at such points as it may deem desirable, with the permission of the municipal council of the county of Cape Breton, or of the incorporated towns, as the case may be, lay and maintain double instead of single tracks.

If in the construction of its said railway or in the construction and erection of its poles, wires, conduits or conductors it becomes necessary for the company to remove any poles, wires or other structures in, upon or over any public roads, streets or highways, or to interfere with any pipes or structures underneath the surface of the ground in such streets, roads or highways, it shall have the right to remove the same, provided that it shall at its own expense and under the direction of the corporation or its officials having ownership or control of such pipes or structures, make suitable provision for such structures so interfered with or removed. So much of section 21 of chapter 130 as is inconsistent herewith is hereby repealed.

In case it shall become necessary for the company in the construction and erection of its railway, or its poles, wires, conduits or conductors to cross any railroad, it shall have the right to make such crossing, but the same shall be made in such manner as may be agreed upon by and between the company and the owner of such railroad, or, in case of their inability to agree, in such manner as may be determined by the municipal council of the incorporated town in which such crossing is located; otherwise, in such manner as may be determined by the municipal council of the county of Cape Breton.

said chapter

3. Section 32 of said chapter 130 is hereby amended by Section 32 of inserting the words "an electric light plant" after the amended. word "operate" in the first line of said section, and after the word "operate" in the fourth line of said section the words "but the company is hereby empowered to enter into an agreement with any incorporated town in which no electric light company is operating, to do the public lighting in such town, and to do such lighting when an agreement as to the same is entered into between a town and the company."

Company authorized to purchase

similar in

4. The company is hereby given power to purchase, for undertaking cash, bonds or stock, any undertaking of a similar charac- character.

Rule 8 to sche

dule A to said chapter amend

ed.

Rule ro of said schedule amend. ed.

Meters, wires,

burners, &c., not subject to distress or execution.

ter to those which this company may carry on under its charter, from any person, firm or corporation, and the North Sydney Electric Light Company, limited, the Sydney Electric Light and Gas Company, limited, and the Sydneys Ferry Company, limited, are hereby empowered by a twothirds vote of their stockholders respectively present at general meetings of their companies or at special meetings thereof called for that purpose, to sell all or any part of their undertaking, business, franchises and property to this company.

5. Rule 8 of schedule A, forming part of said chapter 130, is amended so as to read as follows:—

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'Rule 8. The time table as to rate of speed for running cars and the tariff of rates shall be regulated by a table to be approved by the Governor-in-Council, but the minimum rate of a single fare between any two points in any incorporated town shall be five cents. Suitable transfer stations must be arranged by the company, to meet with the approval of the Governor-in-Council, so that the payment of a fare shall entitle a passenger to a continuous ride between any two points within any incorporated town; provided, however, that no such transfer shall be good except upon the first connecting car at the point of transfer, and then only for a ride in the same general direction. Policemen in uniform, and firemen on duty provided with a badge affixed to a conspicuous portion of their dress, shall be carried on the cars of the company free of charge.'

6.

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Rule 10 of said schedule A is amended so as to read as follows:

"

Rule 10. After the railway or tramway has been completed the company shall maintain the whole of the work herein required to be done in good and efficient working order and condition."

7. No meters, wires, burners, lamps and fittings supplied. or placed upon the premises of any person or corporation by the said company for the purposes of its said business. shall be subject to distress or to the landlord's hypothee for rent of the premises where the same may be used, nor be taken in execution under any process of a court of law or equity or under any warrant or process for the collection of taxes against the person in whose possession the same may be.

stop supply in

ment.

8. If any person supplied with electricity by this com- Company may pany neglects to pay the rent for the same, or if having case of non-pay-any electric fixtures rented from the company shall neglect to pay the rent for the same, this company may stop the supply of electricity from entering the premises of such person by cutting off the supply wire and taking away the apparatus of the company, or by such means as the company shall think fit, and recover the rent due from such person up to such time, together with the expense of cutting off the same, in any competent court, notwithstanding any contract to furnish for a longer period.

lawful or mali

ment, &c.

9. Any person who shall unlawfully or maliciously Penalty for uninjure or destroy the tracks, rolling stock, or any portion of cious injury to the equipment of the company used in the operation of its track or equip. . railway, any person who unlawfully or maliciously cuts or injures any electric line or work with which to cut off any supply of electricity, any person who shall wilfully remove, destroy or damage any pipe, pillar, post, plug, lamp, wire or other work of the company for supplying electricity, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the electric current supplied by the company, and every person who shall lay or suspend, or cause to be laid or suspended, any pipe or wire to communicate with any pipe or wire belonging to the company without its consent, or shall fraudulently use any meter, lamp, wire, heater, radiator, engine or machinery other than such as has been approved or provided by the company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer period than he has contracted to pay for, or shall otherwise improperly use such electric current, or shall supply any other person with any part thereof supplied to him by the company, shall for each such offence forfeit and pay unto the company the sum of twenty-five dollars of lawful money, which said penalty may be imposed and collected upon the information of any officer or member of the company under the provisions of chapter 161, Revised Statutes of Nova Scotia, 1900, "Of Summary Convictions."

CHAPTER 160.

An Act to revive and amend Chapter 82 of the Acts of
1897, entitled, An Act to Incorporate the Granville
and Victoria Beach Railway and Develop-

ment Company, Limited.

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Chapter 82 of Acts of 1897 amended and revised.

Section 1 of said

ed.

Be it enacted by the Governor, Council, and Assembly, as follows:

1. Chapter 82 of the Acts of 1897 as amended by chapter 129 of the Acts of 1899, is hereby revived and extended for the period of six years from the date of the passing of said Act.

2.

Section 1 of said chapter 82 is amended by striking chapter amend out the words "Granville and Victoria Beach Railway and Development Company, limited," in the sixth and seventh lines thereof and substituting the words "Middleton and Victoria Beach Railway Company, limited," and by striking out the words " Hector McLean" in the first line thereof, and inserting in lieu thereof the words "M. J. O'Brien."

section 2 amend

Sub-section 1 of 3. Sub-section 1 of section 2 of said chapter 82 is amended by striking out the word "Bridgetown" in the fourth line thereof and substituting the word " Middleton."

ed.

Section 26 amended.

Section 41 amended.

Section 45 amended.

Section of cap.

4. Section 26 of said chapter 82 is amended by striking out the figures "10" in the second line thereof and inserting the figures "13."

5.

Section 41 of said chapter 82 is amended by striking out the figures "19" in the fourth line thereof and inserting the figures " 18" in lieu thereof.

6.

Section 45 of said chapter 82 is amended by striking out the word "two" in the second line thereof and by substituting the word "six."

7. Section 1 of chapter 129 of the Acts of 1899 is hereby 1899, amended. repealed.

129, Acts of

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