the agreements of the eighteenth day of January, one thousand eight hundred and seventy-two, and the twentyseventh day of February, one thousand eight hundred and seventy-five, between the parties to the said lease and referring thereto and to the said bridge. 9. In the event of the said lease and agreements being so legalized, this agreement shall be co-extensive with the existence of the tenancy of the Great Western or its assigns thereunder, but if the lease of the Great Western shall at any time be determined by an act of the Great Western, then the Erie and Niagara and Canada Southern shall be entitled to the easements authorized by the order of the Railway Committee of the Privy Council of the ninth day of June, one thousand eight hundred and seventy-four, and to make connection with the bridge over the lands of the Great Western in the manner therein indicated, and in that event the Great Western shall restore and reconvey any rights, titles, properties or easements which they may have acquired under the tenth paragraph of this agreement. 10. Upon the legalizing of the said lease and agreements the Erie and Niagara shall vacate the said decrees, or procure the same to be vacated, and shall procure the said information and the said Bill to be dismissed, and shall abandon all proceedings taken in the premises, and they and the Canada Southern shall release, surrender, grant and convey to the Great Western all and every right, title, property and easement which they or either of them possess or have acquired or become entitled to in respect of the lands in the said Bill mentioned, or under or by virtue of any of the orders, decrees or proceedings herein before referred to, and the Erie and Niagara and Canada Southern shall each release and discharge the Great Western from every claim and demand of them and each of them, for or in respect of or arising out of any delay or hindrance to them or either of them in transporting their traffic or having the same transported across or via the said bridge, or in obtaining the possession or use of the right to cross the said bridge, or the said piece of land in the said Bill mentioned. 11. All parties shall bear their own costs of the said suits and proceedings, and the Erie and Niagara and Canada Southern shall pay the costs of the Attorney-General, if any. 12. This agreement shall take effect and operate as if made and entered into on the twenty-fifth day of August last. 13. The number of cars to be taken across the said bridge in one train shall be subject to the regulations from time to time of the Chief Engineer of the Great Western, so however that the same regulations shall apply to all persons and and companies whose cars and traffic shall be transported across the said bridge, and such regulations may discriminate between the several classes of cars and traffic and between loaded and empty cars. 14. The Erie and Niagara and Canada Southern_shall allow and give the Directors and Officers of the said Bridge Companies, free tickets to pass over their respective railways. 15. That neither the Erie and Niagara nor the Canada Southern shall do, suffer or permit any act or thing which by agreement with the Bridge Companies the Great Western or their sub-lessees are not to do, suffer or permit, and the rights of the Erie and Niagara and Canada Southern under this agree ment shall be subject to, and they the Erie and Niagara and Canada Southern shall and will observe all the restrictions and regulations which under any agreement with the Bridge Companies are to be observed by the Great Western or their sub-lessees. 16. That the stability and strength of the structure for railway purposes is not guaranteed by the Great Western, and the use of the same is at the sole risk of the Canada Southern and Erie and Niagara respectively. 17. That during any period of time when the Great Western may cease or suspend the hauling of its traffic over the said bridge until the safety of the same shall have been ascertained or until the bridge shall be strengthened and made safe, the rights of the Erie and Niagara and Canada Southern respectively under this agreement shall be suspended. 18. And the several parties hereto do further agree each with the other, that neither party shall be liable to any person or persons whomsoever, for or in respect of any injury to the persons of the agents, servants or employees of the other or others, whether caused by negligence or otherwise, and nothing in this clause shall be taken as an agreement, implied or otherwise, on the part of either of the Companies to indemnify the other Companies or either of them, against any claim made against any of the parties hereto for any such injury by the agents, servants or employees of any of them, or any person or persons claiming under or in respect of such agents, servants or employees. In witness whereof the parties hereto have hereunto affixed their respective Corporate Seals the day and year first above written. CHAP. CHAP. 73. An Act to incorporate a Company to construct, own and [Assented to 8th April, 1875.] WHEREAS the construction of a line of railway through Preamble. British Territory, from Red River, in the Province of Manitoba, to a point in British Columbia, on the Pacific Ocean, would be a work of great importance to the interests of the Dominion; and whereas the persons hereinafter named have formed themselves into an association for the purpose of constructing the said line of railway, and have prayed by petition to be incorporated as a company, and to be invested with the powers necessary for the purpose, and it is expedient to grant the prayer of their petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts follows: porated. 1. Edwin Russel, I. W. Powell, Henry_Failing, Ebenezer Certain perBrown, M. T. Johnson, Hans Thielsen, J. H. Brodie, J. A. sons incorRaymur, Donald Macleay, F. J. Barnard, R. P. Rithet, Bernard Goldsmith, Thomas A. Bulkley, John Trutch, J. D. Pemberton, Wm. Meyer, J. A. Mara, Alfred Fellows, G. B. Wright and W. C. Ward, with all such other persons and corporations as shall become shareholders in the Company hereby incorporated, shall be and are hereby constituted and declared to be a body corporate and politic, by the name of "The Canadian Western Pacific Railway Company;" and Corporate the words "The Company" when used in this Act shall name and mean the Canadian Western Pacific Railway Company here- powers. by incorporated; and also they and their successors by the same name of the Canadian Western Pacific Railway Company shall be in law capable of taking, purchasing and holding to them and their successors any estate real, personal or mixed, to and for the use of the Company, and of letting, selling, conveying or otherwise departing therewith for the benefit and on the account of the Company from time to time as they shall deem expedient or necessary, and shall have all the powers incident to Railway corporations in general. general 2. "The Railway Act, 1868," so far as the provisions con- Railway Act tained therein are applicable to the undertaking authorized to apply. by this Act, and in so far as they are not inconsistent with or contrary to the provisions of this Act, are hereby incorporated with this Act. Line of railway and company. 3. The said Company and their agents and servants may works of the lay out, construct, equip, maintain and work a continuous double or single track iron or steel railway, with a gauge of four feet eight inches and a half, and also a telegraph line throughout the entire length of the said railway, with the proper appurtenances, from Red River in the Province of Manitoba to some point in British Columbia, on the Pacific Ocean, either upon the mainland or upon Vancouver Island, and the said Company shall also have power and authority to build, own and operate steam and other vessels Steamers and on all waters lying between Red River and the Pacific other vessels. Ocean, and on the waters of the Pacific Ocean, and to build wharves and harbours thereon, in connection with such line of railway. Line to be .4. The course and line of the said railway and the approved by termini thereof shall be fixed and determined by the Company subject to the approval of the Governor in Council. Governor in Railway Act 5. And as respects the said railway, the eighth section of altered as to "The Railway Act, 1868," relating to plans and surveys, plans and surveys. shall be subject to the following provisions : Deposit of map or plan. Deviations allowed. Map and book of reference. It shall be sufficient that the map or plan and book of reference for any portion of the main line, or of any supplemental line of the said railway, not being within any district or county for which there is then a Clerk of the Peace, be deposited in the office of the Minister of Public Works of Canada, and any omission, misstatement or erroneous description of any lands therein, may be corrected by the Company, with the consent of the Minister and certified by him; and the Company may then make the railway in accordance with such certified correction. The eleventh sub-section of the said eighth section of the Railway Act shall not apply to any portion of the railway passing over ungranted lands of the Crown, or lands not within any surveyed township in any Province; and in such places deviations not exceeding twenty-five miles from the line shown on the deposited map or plan shall be allowed without any formal correction or certificate; and any further deviation that may be found expedient may be authorized by order of the Governor in Council, and the Company may then make their railway in accordance with such authorized deviation. The map or plan and book of reference made and deposited in accordance with this section shall avail as if made and deposited as required by the said "Railway Act, 1868" for all the purposes of the said Act, and of this Act, and any copy of, or extract therefrom, certified by the said Minister, Minister, or his deputy, shall be received as evidence in any court of law in Canada. filed with It shall be sufficient that a map or profile of any part of Profile to be the completed railway, which shall not lie within any county Minister of or district having a registry office, be filed in the office of Public the said Minister of Public Works. Works. cient. The Company may, in making the map or plan of any por- Government tion of the railway, adopt and use for the purposes of this survey suffiAct, that survey and plan of such part made by the Government of Canada in the years one thousand eight hundred and seventy-one, and one thousand eight hundred and seventy-two, and the levels and other particulars ascertained by such survey, without making any new survey and plan of such portion. Council may grant right of The Governor in Council may in his discretion grant to Governor in the said Company the right of way (of such width as he may think fit) over any unimproved lands of the Dominion, or way. any lands required for stations or other necessary purposes of the Company in the Province of Manitoba or British Columbia, or in the North-West Territories. deal with 6. It shall be lawful for the Company to take, receive and Aid to the hold a grant or grants of public lands, along the line of company by grants of railway, and also in the territories of the Dominion, or from fands by Govthe Government of any Province, or from any municipality ernment or Municipaliin Canada, in aid of the construction of the railway, and to ties, and survey and subdivide the same in such manner as they power to shall see fit, and to lease, mortgage, sell or grant the said such land. lands or any part thereof upon such terms and conditions, as may hereafter be defined by Parliament, and for such price in money, bonds, stock of the Company, or other securities as the Directors of the Company may from time to time determine, subject to any agreement which may be made between the Company and the Government of Canada, or any Provincial Government, or any municipality in Canada respecting the said grant or grants of land. &c., on con 7. It shall be lawful for the Company to accept and Company receive from the Government of Canada, or from the Gov- may receive grants from ernment of any Province, or from any municipality in Government, Canada, a subsidy or aid in money or bonds, or securities, to co payable in such manner, at such times, on such conditions, agreed upon. and at such places in Canada or elsewhere as may be agreed upon between the Company and the Government of Canada, or the Government of any Province, or any municipality in Canada, or as may be prescribed and directed by any Act of Parliament authorizing the Government to grant a subsidy, or as may be provided in any agreement between the Company and the Government which may be lawfully made respecting |