company shall be applied in the first place in the satisfaction of any mortgage thereon created by the company, and after payment of any such mortgage or lien created by the company thereon, shall be applied in accordance with the trusts in the next preceding section declared. have power to 22. The company shall have power and authority to become Company to parties to promissory notes and bills of exchange-for sums make notes, not less than one hundred dollars-and any such note or bill etc. made, accepted or endorsed by the president or vice-president of the company as president or vice-president thereof, and countersigned by the secretary, and under the authority of a majority of a quorum of the directors, shall be binding on the company, and any such promissory note or bill of exchange so made, as aforesaid, shall be presumed to have been made with proper authority until the contrary be shewn, and in no case shall it be necessary to have the seal of the company affixed to such promissory note or bill of exchange, nor shall the president or vice-president or secretary be individually responsible for the same, unless the said promissory notes or bills of exchange have been issued other than aforesaid; pro- Proviso not to vided, however, that nothing in this section shall be construed circulate as to authorize the company to issue any note or bill payable to money. bearer, or intended to be circulated as money or as the notes or bills of a bank. make notes to equal rights. 23. All shareholders in the company, whether British sub- All shareholdjects or aliens, or residents of Canada or elsewhere, shall have ers to have equal rights to hold stock in the company, and to vote on the same, and shall be eligible to office as directors of the company. lines. 24. The company shall have full power and authority to Telegraph construct, work and operate such line or lines of telegraph or telephone in connection with and along the line of their railway and branches as may be necessary or useful for the purposes of their undertaking. 25. The company may build, acquire, charter, hold and Company may navigate steam and other vessels, and for purposes of transport own vessels. may utilise all navigable waters along the line of their railway and branches, or touched upon by it. 26. This company may also construct across any streams, Bridges, pow rivers or lakes which may be in or near the route of the rail- er to construct. way, a bridge or bridges where the same shall be nececsary for the purposes of the railway, and this right shall not be exercised with respect to any navigable portions of said waters without the consent of the Governor-General in council. grounds Land for snow 27. The company shall have the right to acquire and take fences, station in the manner provided by "The Consolidated Railway Act, 1879," of Canada, such additional width of land along the line of the railway and its branches as may be needed for snow fences and barriers or land for station grounds, and the company may erect such fences and barriers wherever the same may be requisite in the opinion of the company, or may acquire Gravel beds. any gravel beds on lands near to the line of the said railway, on such terms and subject to the payment of such compensation to the owners of the said lands as may be agreed on, or as may be determined by arbitration in the manner provided by the sections of the said "The Consolidated Railway Act, 1879," relating to lands and their valuation. Leasing powers. Agents in any country. Transfer of shares to London office. 28. It shall be lawful for the company to enter into any agreement with any other company for the use or partial use of the railway of the company or for leasing or for hiring from such other company any other railway or part thereof or the use thereof, and for any period or term, or for leasing or hiring any locomotives, cars or movable property and generally so make any agreement with any other company touching the use of the railway, or of the railway of the other company, or the movable property of the other company, or touching any service to be rendered by the one company to the other and the compensation therefor: Provided that any such agreement, lease or contract in this section mentioned or referred to shall be first approved of and authorized by the shareholders of the company at a general annual or special meeting of the same. 29. The directors of the company may, subject to the rules and regulations from time to time, of the board, appoint an agent or agents in any other province, Great Britain or any foreign country, 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 Manitoba office to any such office or offices in another province or in Great Britain or any foreign country in the names of the transferees in the same manner as shares may be transferred in the former office and vice versa; and shares originally taken and subscribed for in another province or in Great Britain or any foreign country may be entered on the books 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 transfers 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. fers to be sent province. 30. Whenever any transfer shall be made in another pro- List of transvince or Breat Britain or any foreign country of any share or to secretary of stock of the company, the delivery of the transfer duly exe- company in cuted to any such agent of the company for the time being, or to the secretary of the company in Britain or foreign country, 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 submit 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 shall, from time to time, make such regulations as they shall think fit for facilitating the transfer of shares or stock as well in this Province as elsewhere, and as to the closing of the register or 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. of land to company. 31. All deeds and conveyances of land to the said company Form of deeds for the purpose of this Act, not being letters patent from the Crown, in so far as circumstances will admit, may be in the form following, 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 minute the enregistration or entry of such deeds, and the registrar shall receive from the company on any deed in the form following for all fees on every such registration Fee on regisand for a certificate of the same, one dollar and no more, and such registration shall be deemed to be valid in law, any statute or provision of law to the contrary notwithstanding. Know all men by these presents, that I, A. B., in consideration of paid to me by the Rapid City Central Railway Company, the receipt whereof is hereby acknowledged, do grant, bargain, sell and convey unto the said Rapid City Central Railway Company, their successors and assigns, all that tract or parcel of land (describe the land) to have and to hold the said land and premises unto the said company, their successors and assigns for ever. tration. C. D. E. F. [L. S.] Company guaranteed against all charges, etc. Commence ment and com way. or in any other form to the like effect. And every deed made in accordance herewith shall be held and construed to impose upon the vendor executing the same the obligation of guaranteeing the company and its assigns against all dower and claim for dower, and against all hypothecs and mortgages and against all liens and charges whatsoever, not excepted in the grant, and also that he has a good and valid transferable title thereto. 32. The railway shall be commenced within two years from pletion of rail- the passing of this Act, and completed and put in operation within five years, in accordance with "The Railway Act of Manitoba, 1881," and in default thereof the powers hereby conferred shall absolutely cease with respect to so much of the railway as then remains incomplete. Preamble. Names of corporators. CAP. LXXXIV. An Act to incorporate "The Winnipeg Water Power Company." [Assented to 7th July, 1883.] Whereas, the persons hereinafter named have petitioned for incorporation as a company to construct and operate a millrace, or aqueduct, from some point on the Assiniboine river, in the parish of St. James, at or near the head of the rapids on the said river to a point at or near the foot of said rapids in the same parish; also a mill-race or aqueduct, from the point first or last mentioned to a point on the Red River, in the parish of Saint John, in the Province of Manitoba; also to erect and operate elevators, wharves, piers, docks, dockyards, warehouses and mills, and whereas, the works proposed would be of great public advantage by affording water power for milling and manufacturing purposes, and for these reasons, it is expedient to grant the prayer of the petitioners; Therefore, Her Majesty, by and with the consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: 1. The mill-race or aqueducts, authorized by this Act, are hereby declared to be for the general advantage of the Province of Manitoba. 2. The Honorable John Norquay; Edward P. Leacock, Esq.; Hector M. Howell, barrister; Duncan MacArthur, banker; George B. Spencer, Esquire; The Honorable Alexander M. Sutherland; The Honorable A. G. B. Bannatyne; Hugh S. Donaldson, Esquire; Elias G. Conklin, Esquire; William Murdoch, civil engineer; Charles Richard Tuttle, gentleman; Amos Rowe, publisher; Thomas Scott, Esquire, M. P.; and William Crawford, Esquire, M. P. P., all of the city of Winnipeg, in the Province of Manitoba, together with all such other persons and corporations as shall become shareholders in this company hereby incorporated, shall be and are hereby constituted a body corporate and politic by the name of "The Winnipeg Water Power Company" (hereinafter called "The Company.") 3. "The Company" shall have the power and authority mill etc. (a.) To construct and operate a mill-race, or aqueduct, for Power to conthe purpose of providing water power for mill and manufac-struct turing purposes, from a point on the Assiniboine river, at or near the head of the rapids, in the parish of St. James, in the Province of Manitoba, to a point on the same river at or near the foot of said rapids, in the said parish of St. James; also to Course of millconstruct and operate a mill-race, or aqueduct, for the same race. purposes, from the point first or last mentioned on the Assiniboine river, to a point on the Red river, in the parish of St. John, in said Province. own vessels. (b.) To acquire, own, hold, charter, work and run, steam or Company may other vessels for cargo upon the Assiniboine and Red river and having a connection with the said mill-race and aqueduct. (c.) To receive, hold and take all voluntary grants and dona- May receive tions of land or other property made to it to aid in construc- grants. tion, maintenance and accommodation of the company, but the same shall be held and used for the purposes of such grants or donations only. land, etc. (d.) To purchase, hold and take of any corporation or per- May acquire son any land or other property necessary for the construction, maintenance, accommodation and use of the company, and also to alienate, sell or dispose of the same. (e.) To make, carry or place their mill-races or aqueducts, May carry across or upon the lands of any corporation or person, on the line of the said mill-race or aqueduct. (f.) To construct, maintain and work the said mill-races, or aqueducts, along or across any stream of water, river, water courses, highway, or railways, which it intersects or touches, but so as not to create any damage or impair their usefulness. mill-races to be worked (g.) To make, complete, direct, widen, enlarge, alter, keep in Mill-races, etc., repair and operate the and all mill-races and aqueducts by the by any power. |