constitute the board of directors of the amalgamated company shall be fixed, and the mode of appointing the first board of such directors shall be established, leaving subsequent boards of directors to be elected at the annual meetings of the amalgamated company in the manner provided by law for the election of the directors of the Northern Junction Railway Company. purchase lines 23. The company shall have the power of purchasing any Power to lines of railway already constructed, or which may be here- of railway. after constructed, and all branch lines in connection therewith, with the rights and privileges appertaining thereto. shares to 24. The directors of the company may, subject to the rules London agent. and regulations from time to time of the board, appoint an agent in the city of London, England, with power to pay dividends, to open and keep books of transfer for the shares of the company, and for the issue of scrip and stock certificates, and thereupon shares may be transferred from the Canada office to the London office in the name of the transferees in the same manner as shares may be transferred from the former office and vice versa; and shares originally taken and Transfer of subscribed for in Great Britain may be entered on the books London office. at the London office, and scrip certificates issued for them, and the agent or other officer shall transmit an accurate list of all such transfers and scrip certificates so issued to the secretary or other officer of the company in this Province, who shall thereupon make the requisite entries respecting such transfer and scrip certificates in the register kept in this Province, and thereupon the same shall be binding upon the company as to all rights and privileges of shareholders, as though scrip certificates had been issued by the secretary of the company in this Province. any List of transfers to be sent of company 25. Whenever any transfer shall be made in England of share or slock of the company, the delivery of the transfer to secretary duly executed to the agent of the company, for the time being, in Province. in London aforesaid, or the secretary of the London board, if formed, shall be sufficient to constitute the transferee a shareholder or stockholder in the company in respect of the share or stock so transferred, and such agent shall transmit an accurate list of all such transfers to the secretary of the company in this Province, who shall thereupon make the requisite entries in the register; and the directors may from time to time make such regulations as they shall see fit for facilitating the transfer of shares or stock in this Province as well as elsewhere, and as to the closing of the register of transfers for the purpose of dividend as they may find expedient, and all such regulations not being inconsistent with the provisions of this Act shall be valid and binding. The stock 26. The company shall from time to time cause the names register book. of the several parties interested in the stock of the said company and the amount of interest therein of such parties respectively to be entered in a book to be called "The Stock Register," and the several holders of such stock shall be entitled to participate in the dividends and profits of the company according to their respective interest therein, and such interest shall, in proportion to the amount thereof, confer on the respective holders the same privilege of voting qualification and otherwise as would have been conferred by shares of equal amount in the capital of the company, but so that none of such privileges, except that of participation in the dividends and profits shall be conferred by the holding of any aliquot part of such amount of stock, unless such aliquot part, if existing in shares, would have conferred such privileges respectively. Duplicates of registers of kept in London. 27. Duplicates of all registers of shares and debentures of shares may be the company and the shareholders thereof, or of the stock register, which shall at any time be kept at the principal office of the company in this Province (such duplicates being authenticated by the signature of the secretary of the company) may be transmitted to and kept by the agent for the time being of the company in London aforesaid, by the secretary to such board. Acquiring bonds for pits, etc. 28. Whenever it shall be necessary for the purpose of prostations, gravel curing sufficient lands for stations or gravel-pits, or for constructing, maintaining and using the said railway, or for opening a street to any station from any existing highway, the said company may purchase, hold, use or 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 parts thereof, from time to time as they may deem expedient; and may also make use of for the purpose of the said railway the water of any stream or water-course over or near which the said railway passes, doing, however, no unnecessary damage thereto, and not impairing the usefulness of such stream or Compensation water-course, and the compensation to be paid to the owners of such lands or for the use of such water, as also the powers of the said company to take possession thereof shall, in case of difference, be ascertained and exercised in the manner provided by the Railway Act of Manitoba. for. own vessels. Company may 29. The company may also build, purchase, acquire, lease or possess, work and operate steam and other vessels in any lakes, rivers, or other navigable waters as they may deem Construction of telegraphs, bridges, etc. proper. 30. The company may also construct an electric telegraph line in connection with the railway, and may also erect and construct across any rivers, streams, lakes, or water-courses which may be in or near the route of the railway, a bridge or bridges when the same shall be necessary for the purposes of the railway; bnt this provision shall not apply to navigable portions of any of the aforesaid waters without the assent of the Governor in council of the Dominion of Canada first obtained. Form of deeds 31. All deeds and conveyances of land to the said company and to for the purposes of this Act, in so far as circumstances will company. admit, may be in the form of Schedule A to this Act subjoined, or in any other form to the like effect and for the purpose of the due enregistration of the same, all registrars in their respective counties or districts are required to register in their registry-books such deeds and conveyances upon the production and proof of the due execution thereof, and shall certify the enregistration or entry on such deeds. and the registrar shall receive from the said company for all fees on every such Fes on registration and for a certificate of the same one dollar and no registration. more, and such registration shall be deemed to be valid in law any statute or provision of law to the contrary notwithstanding. co nmenced 32. This Act and all the provisions thereof shall become Railway to be null and void unless the construction of the said railway be within two commenced within two years and completed within five years of the passing of the same. years. Interpretation 33. The Interpretation Act shall apply to this Act, and this apply. shall be deemed a public Act. SCHEDULE "A." FORM OF DEED OF SALE. Know all men by these presents that I, A. B., do hereby in consideration of paid to me (or as the case may be) by the Northern Junction Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and confirm unto the said company, their successors and assigns for ever, all that certain parcel or tract of land situate (describe the land), the same having been selected and laid out by the said company for the purposes of their railway, or for purposes connected with their railway, to have and to hold the said land and premises, together with everything pertaining thereto, to the said company, their successors and assigns for ever. As witness my (or our) hand (or hands) and seal (or seals) day of this Thousand Eight Hundred and A. D. One Signed, sealed and delivered in the presence of E. E. A.B. (L.S.) Preamble. Names of corporators. Clauses of general RailWay Act to apply. CAP. LV. An Act incorporating the Brandon, Birtle and Swan River [Assented to 7th July, 1883.] Whereas the construction of a line of railway running from a point at or near the city of Brandon, in a northwesterly direction, to a point at or near the village of Beulah, in township 15, range 26 west, thence northerly to a point at or near the village of Birtle, in township 17, range 26 west, thence northwesterly in the direction of the village of Russell, crossing the Shell River, and thence to the northern or western boundary of the Province, would be of general benefit to the Province of Manitoba. And whereas a petition has been presented for the incorporation of a company for that purpose, and it is expedient to grant the prayer of such petition. Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: 1. Arthur Wellington Ross, barrister at law; Edward Philip Leacock, merchant; the Honorable William N. Kennedy, registrar; George G. Spencer, Esquire; John Somerset Aikins, broker, Charles A. Sadlier, Esquire; William Henry Disbrowe, real estate agent, all of the city of Winnipeg, together with such other persons and corporations as shall become shareholders in the company hereby incorporated, shall be, and the same is hereby constituted a body corporate and politic, by and under the name of the Brandon, Birtle and Swan River Railway Company. 2. The several clauses of the "Railway Act" of Manitoba shall be incorporated with and deemed to be part of this Act, and shall apply to the said company and to the railway to be constructed by them, except only in so far as the same may be inconsistent with the express enactments thereof, and the expression "this Act" when used herein shall be understood to include the clauses of the said Railway Act. Powers of of a certain 3. The said company shall have full power and authority company as to to lay out, construct and operate with a double or single iron construction or steel track, and an electric telegraph along the same or line of railway, connecting therewith, such railway, to commence at a point at or near the city of Brandon and running in a northwesterly direction to a point at or near the village of Beulah in township 15, range 26 west of the first principal meridian in the Province of Manitoba, thence northerly to a point at or near the village of Birtle, in township 7, range 26 west, thence northwesterly in the direction of the village of Russell, crossing the Shell River and to the northern or western boundary of the Province, and the company shall have power and authority to construct the different sections of the said railway, in such order as they shall see fit, keeping in view the general direction as herein provided. how divided 4. The capital stock of the company shall be two hundred Cap tal stock, thousand dollars (with power to increase the same as herein- and applied. after provided) to be divided into two thousand shares of one hundred dollars each, and shall be raised by the persons hereinafter mentioned and such other persons and corporations as may become shareholders in such stock; and the money so raised shall be applied in the first place towards the payment of all fees, expenses and disbursements for procuring the passing of this Act, and for making surveys, plans and estimates connected with the works hereby authorized, and all the rest and remainder of such money shall be applied towards the building, completing, operating and maintaining the said railway.. director and 5. Arthur Wellington Ross, barrister at law; Edward Phil- Provisional lip Leacock, merchant; the Honorable W. N. Kennedy, regis- their author.ty trar; George B. Spencer, Esquire; John Somerset Aikins, broker; Charles A. Sadlier, Esquire; William Henry Disbrowe, real estate agent, all of the city of Winnipeg, shall be and are hereby constituted directors of the said company, and shall hold office as such until other directors shall be elected under the provisions of this Act by the shareholders, and shall have power and authority immediately after the passing of this Act to open stock-books and procure subscriptions of stock for the undertaking, to make calls upon subscriptions, to cause surveys and plans to be made and executed, and as herein before provided to call a general meeting of the shareholders for the election of directors, |