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RSM 1990, c. 161
The Rural Railway Company of Manitoba Amendment Act, 1911
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WHEREAS An Act to amend the Act incorporating "The Rural Railway Company of Manitoba" was assented to March 24, 1911;
WHEREAS the preamble to this Act when it was originally enacted provided as follows:
WHEREAS the Rural Railway Company of Manitoba have by their petition prayed that their Act of incorporation may be amended; and whereas it is expedient to grant the prayer of the said petition,
AND WHEREAS it is considered advisable to continue this Act in the body of Manitoba's laws in its original form without revision;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 Section 2 of chapter 110 of 10 Edward VII is hereby amended by striking out all after the word "each" in the third line thereof and inserting in lieu thereof "and money so raised shall be applied, in the first place, to the payment of all fees, expenses and disbursements for the procuring and passing of this Act, and for surveys, plans and estimates, and thereafter to the building, equipping and maintaining the said railway."
2 Section 6 of the said Act is hereby amended by adding at the end thereof the words "to be held at the City of St. Boniface, notice of which shall be given in a daily newspaper published in the City of Winnipeg for ten days prior thereto."
3 Section 7 of the said Act is hereby amended by striking out the words, "or special meeting called in accordance with the provisions of this Act," and inserting in lieu thereof the words, "meeting to be held in the City of St. Boniface in the first week in February in each year."
4 Section 8 of the said Act is hereby amended by adding thereto the following sub-section:
(a) The directors shall have full power in all things to administer the affairs of the company and to do all things necessary to carry out the objects and exercise all the powers incidental to the company, and may make or cause to be made for the company any description of contract which the company may by law enter into.
5 Section 9 of the said Act is hereby amended by inserting before the word "Railway" in the second to the last line thereof the words "The Manitoba," and striking out the word "before" in the last line thereof.
6 Section 10 of the said Act is hereby amended by striking out the words "steam or electric" and inserting after the word "railway" in the third line thereof the words, "operated by electric or some other power, steam power not included (except during constructing period)"; and also by inserting after the word "Emerson" in the thirteenth line thereof the words, "also from a point on the said railway in the Parish of St. Vital, on the west side of the Red River, westerly to a point at or near the southwest corner of the limits of the City of Winnipeg, thence northerly to and across the Assiniboine River to a point at or near the northwest corner of the limits of the City of Winnipeg, thence easterly to and across the Red River to a point in the Parish of Kildonan, at or near the northeast corner of the limits of the City of Winnipeg, thence southerly to or through or around the City of St. Boniface to a point on the said railway, on the east side of the Red River; also from a point on the said railway in or near the City of St. Boniface, running easterly to a point in or through or in the vicinity of Transcona; also from a point on the said railway in or near the City of St. Boniface to a point at or in the vicinity of Bird's Hill; also from a point on the said railway westerly along Portage avenue, or as the case may be, to a point at, in or near the City of Portage la Prairie, thence westerly through or around the City of Portage la Prairie to a point at, in or near the Town of Carberry; also from a point on the said railway in Kildonan northeasterly to a point at, in or near East Selkirk; also from a point on the said railway north of the City of Winnipeg northerly to a point in or near Stonewall; also from a point on the said railway in the Parish of St. Vital southeasterly to a point in or near Ste. Anne; also from a point on the said railway in the Parish of St. Vital southwesterly to a point at or near Starbuck, with power to construct and maintain or use bridges across the Red River in the Parish of St. Vital, and easterly from the Town of Morris and westward from the Town of Emerson; provided that said company shall not have the right to build on any road or highway on which any other company has acquired an exclusive right to build a railway"; and also by striking out the word "at" in the tenth line thereof and inserting the word "in" in lieu thereof, and by striking out the word "at" in the thirteenth line thereof and inserting the word "in" in lieu thereof.
Extent of Rights in Winnipeg
(a) The company, by and with the approval of the City of Winnipeg, as hereinafter set forth, shall have power to build and operate, for terminal purposes, from points on their railway into the City of Winnipeg, but nothing in this Act shall have the effect of giving said company power to build to a point in the City of Winnipeg for other than terminal purposes, and said company shall not have power to do any local business within said city, and shall not be allowed to stop its cars or discharge or take up passengers within the City except at its said termianl points, and shall not have the right to run along any street or highway on which the Winnipeg Electric Railway has any line of railway, or along any street or highway on which said Winnipeg Electric Railway Company has a right to build.
Must build five miles each year after 1911
(b) The company shall build five miles of their railway before December 31, 1912, and shall continue to build at an average of not less than five miles each year thereafter.
7 Section 11 of the said Act is hereby amended by striking out the words "an electric telegraph line or lines along said railway" and inserting in lieu thereof the words "a telephone line for the purposes thereof," and also by adding thereto the following sub-sections:
Directors may have contracts with the Company
(a) No person shall be disqualified as a director or a provisional director of the company by reason only that the company has entered into, or may or do hereafter enter into, any contract or agreement with him, or by reason that he is interested in any other company with which this company may have any contract.
Liability of stockholders is limited
(b) No stockholder in the company shall be liable to any greater extent than the amount unpaid upon any stock held by him.
Persons holding stock in trust or pledge not liable personally as shareholders
(c) No person holding stock in the company as an executor, administrator, tutor, curator, guardian or trustee shall be personally subject to liability as a shareholder, but the estate and funds in the hands of such person shall be liable in like manner, and to the same extent, as the testator or intestate, or the minor, ward or other interested person in such trust fund, would be if competent to act and holding such stock in his own name, and no person holding such stock as collateral security shall be personally subject to such liability, but the person pledging such stock shall be considered as holding the same, and shall be liable as a shareholder accordingly; all stock issued by the company shall be deemed personal estate.
Who to vote on shares held in trust or pledge
(d) Every such executor, administrator, tutor, curator, guardian or trustee shall represent the stock in his hands at all meetings of the company, and may vote accordingly as a shareholder; and every person who pledges his stock may nevertheless represent the same at all such meetings, and may vote accordingly as a shareholder.
8 Notwithstanding any provisions to the contrary in this Act contained, none of the powers and privileges conferred upon the company by any of the provisions of this Act shall apply to or be exercised within any city, unless and until the company shall have obtained the consent of the said city or cities to the exercise of the same, signified by an agreement setting forth the terms and conditions of such consent, duly ratified by by-law, which by-law the council of the said city or cities is hereby authorized to make.
9 Section 12 is further amended by adding thereto the following sub-sections:
Use of streets and highways in municipalities enumerated
(a) Save as aforesaid, the company shall have full power and authority to use and occupy any and such parts of any of the streets or highways in the City of St. Boniface, the City of Winnipeg and the Rural Municipalities of St. Vital, Ritchot, Morris, Montcalm, Emerson, Franklin, Springfield, Macdonald, Tache and De Salaberry, or in any other rural municipality or any town or incorporated village, or any part thereof, as may be required for the purpose of their railway tracks, poles, wires, conduits, works and appliances, the laying of rails and the running of their cars and carriages; provided always that the permission of the said rural municipalities, incorporated villages, towns and cities shall first be had and obtained by by-law, and the said rural municipalities, incorporated villages, towns and cities are hereby resepectively authorized to grant such permission to the said company to use and occupy said streets and highways as aforesaid within their respective limits, upon such conditions and for such period or periods as may be agreed upon. Notwithstanding any provisions to the contrary in this Act contained, none of the powers and privileges conferred upon the company by any of the provisions of this Act shall apply to or be exercised within the City of Winnipeg unless and until the company shall have obtained the consent of the said city to the exercise of the same, signified by an agreement setting forth the terms and conditions of such consent, duly ratified by by-law, which by-law the council of the said city is hereby authorized to make. In case of disagreement between the railway company and any town, village or rural municipality, as to the use of any highway by the company, the same may be referred to the Railway Committee under The Railway Act.
Municipal by-laws carrying Agreements into effect
(b) The council of any city, town, incorporated village or rural municipality is hereby authorized to pass the necessary by-laws for the purpose of carrying into effect any such agreement and covenant, and containing all necessary clauses, provisions, rules and regulations for the conduct of all parties concerned, and for the enjoining and compelling obedience thereto, and also for facilitating the running of the company's cars and the carrying on of its business and operations, and for regulating the traffic and conduct of all persons travelling upon streets and highways through which said railway or telegraph or telephone lines may pass or such work may be carried on.
10 Section 14 of the said Act is hereby amended by inserting before the word "leasing" in the twelfth line thereof the word "purchasing," and by inserting the word "or" after the word "using" in the said twelfth line thereof, and by striking out the words "belonging to such other company or to this company, or either or both" in the thirteenth, fourteenth and fifteenth lines thereof, and by striking out the words "by the one company to the other or others" in the sixteenth and seventeenth lines thereof and by inserting in lieu thereof the words "to the said company," and by striking out the word "said" in the eighteenth line thereof and inserting in lieu thereof the word "the," and by striking out the words "voting in" in the eighteenth line thereof and by inserting in lieu thereof the word "present."
11 Section 14 is further amended by adding thereto the following sub-section:
(a) The company is empowered to carry on an express business on the said railway.
12 Section 16 is amended by striking out the first four lines thereof and inserting in lieu thereof, "The company may carry on the business of an electric light, heat and power company in all its branches, and may construct and operate an electric telegraph," and is further amended by striking out the words "city or said" in the thirteenth line thereof and inserting the words "cities, towns, incorporated villages and " in lieu thereof.
13 Section 16 is further amended by adding thereto the following sub-sections:
Supply of light, heat or power to municipalities
(c) Any of the said cities, towns, incorporated villages or rural municipalities by its council is hereby empowered to contract with the company for the delivery to it, for its own use or for the use of the citizens thereof, through the said cities, towns, incorporated villages or rural municipalities, of light, heat, electricity or power.
Removal of Property of Company from premises where service discontinued
(d) If a customer of the company gives notice of his intention to discontinue the use of electricity, heat, light or power, or other service furnished by the company, or if the company lawfully refuses to continue any longer to supply the same, the officers and servants of the company may at all reasonable times enter the premises in and upon which such customer was so supplied for the purpose of removing therefrom any fittings, machines, apparatus, wires, pipes, meters or other things, being the property of the company in or upon such premises, and may remove the same, doing no unnecessary damage.
Remedies for Collection of Charges for Services
(e) If any person supplied by the company with electricity, light or heat or other service neglects to pay the rent, rate or charge due to the company at any of the times fixed for the payment thereof, the company, or any person acting under its authority, on giving ten days' previous notice, which may be left on the premises, may stop the supply of electricity, light, heat or power or other service from entering the premises of the person in arrear as aforesaid by cutting off the service, wires or pipes, or by such other means as the company sees fit, and may recover the rent or charge due up to such time, together with the expense of cutting off the same, as the case may be, in any competent court notwithstanding any contract to furnish for a longer time; and, in all cases in which the company may lawfully cut off and take away such supply from any house, building or premises, the company, its agents and workmen, upon giving forty-eight hours' previous notice to the person in charge or the occupier, or leaving the same on the premises, may enter into the house, building or premises between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, causing as little disturbance and inconvenience as possible, and may remove and take away the property belonging to the company, and any servant or person employed by the company, and duly authorized may, after giving forty-eight hours' previous notice as aforesaid, and between the hours aforesaid, enter into any house, building or premises into which said supply has been taken for the purpose of repairing and making good, renewing or replacing, any wires, pipes, meters, fittings or apparatus belonging to the company or used for its purposes, or any of them.
14 Section 17 of the said Act is hereby amended by adding after the word "grounds" in the third line thereof the word "hotels."
15 Section 18 of the said Act is hereby amended by striking out in the third line thereof the words "for masonry or any other uses," and by striking out all after the word "lands" in the fifth line thereof and inserting the words "and to work the same and to build any necessary branches for such purposes" in lien thereof.
16 Section 23 is hereby amended by striking out the words "the council of the said City of St. Boniface" and inserting in lieu thereof the words "the councils of the said cities, towns, incorporated villages or rural municipalities."
17 Section 24 of the said Act is hereby amended by striking out the words "city and" in the first line thereof and inserting in lieu thereof the words "cities, towns, incorporated villages and rural."
18 Section 225 of the said Act is hereby repealed and the following is substituted therefor:
Bonuses and grants in aid of company
25 The company may receive, either by grant, gift or otherwise, from any government or from any corporation or person, as aid in the construction of any of the works or operations authorized by this Act, or for carrying on the same, lands, properties, franchises, sums of money or debentures as gifts or by way of bonus or otherwise, and may dispose thereof and may alienate the same in promoting any of the affairs, businesses and operations of the company, and the company may receive exemptions from taxation and all other exemptions that may be granted by municipal or other authorities by by-law, resolution or otherwise.
Amalgamation with, or purchase or lease of, or sale or lease to, another Company with consent of shareholders and approval of government
(a) The company may, with the consent of the majority of shareholders present or represented by proxy, and subject to the approval of the Lieutenant-Governor-in-Council, enter into an agreement with any company for the purchase of or lease of the property, rights, franchises and undertakings of, or may lease or transfer by proper conveyance to any such other company, on such terms and for such price as may be agreed on, its rights, undertakings, franchises and properties, real and personal; and any other company may sell and convey to the company the undertakings, rights, franchises and properties, real and personal, of such other company; and, in case of any sale under this Act, the company to which such sale or conveyance is made shall have all the rights of exercising the powers, privileges and franchises of the company entering into such sale or purchase, and any such other company is empowered to do any of the acts referred to in this section.
19 Section 32 of the said Act is hereby amended by striking out the word "such" in the second line thereof and inserting in lieu thereof the word "any," and by striking out all after the words "time to time" in the said section.
20 Section 33 is hereby amended by striking out the words "such property" in the fourth line thereof and inserting in lieu thereof the words "the property and undertaking and franchises."
21 Section 37 is hereby amended by adding thereto the following sub-sections:
(a) The directors of the company may, addition to the powers herein conferred, borrow money for any of the purposes of the company, and may secure the repayment of any moneys so borrowed, or any other moneys owing by the company, in such manner and upon such terms and conditions as the directors see fit, and particularly by the mortgage, pledge or hypothecation of all or any of the assets, property, powers or franchises of the company, subject, however, to the rights of the bondholders of the company, if any, as herein provided.
Filing mortgage deed with Provincial Secretary
(b) It shall not be necessary, in order to preserve the priority, lien, charge, mortgage or privilege purporting to appertain to or be created by any mortgage deed executed under the provisions of this Act, that such deed should be registered or filed in any manner or in any place other than in the office of the Provincial Secretary, of which filing notice shall be given in The Manitoba Gazette.
22 Section 38 is hereby amended by adding thereto the following sub-section:
Amalgamation with another railway company with approval of Government
(a) The said company may, subject to the approval of the Lieutenant-Governor-in-Council, amalgamate with any other railway company, and such amalgamation may be by deed, which, however, shall not have any force or effect until it shall have been submitted to and approved of by the shareholders of both companies at meetings of such shareholders respectively duly called for the purpose thereof, and approved by them, and by such deed of amalgamation it may be agreed that the amalgamating companies shall thereafter form one company under the name agreed upon and set forth in the said deed, of which change of name and amalgamation notice shall be given by advertisement published for four consecutive issues in The Manitoba Gazette; and after such amalgamation all debts due and owing by the companies, parties to such amalgamation, shall become due and owing by the amalgamated company in such manner as if they had been originally contracted by it, and, upon being approved of by the Lieutenant-Governor-in-Council, all the assets, powers, rights and franchises, and all the property of the companies parties to such amalgamation, shall ipso facto become vested in the amalgamated company in such manner and to the same extent as if they had been originally conferred on or granted to or acquired by it, but subject to all liens, privileges and charges thereon; and by such deed the proportion of stock which shall be represented by each company shall be settled and provision shall be made for giving the voting power to the stockholders of such of the companies as shall be entitled thereto, either by retention of the stock originally issued to them or by the conversion thereof, on terms which shall be agreed upon by the said deed, into stock of the amalgamated company; and by such deed also the number of directors to constitute the board of directors of the amalgamated company shall be fixed and the mode of appointing the first board of 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.
23 Schedule A to the said Act is hereby amended by adding after the word "grant" the words "or transfer."
24 Notwithstanding any of the provisions in this Act contained or of any agreement entered into between the company and any city, town or municipality in pursuance thereof, with reference to the construction and operation of a railway or street railway system within such city, town or municipality, as soon as any area outside the present territorial limits of the City of Winnipeg becomes a portion of the said city, the company shall henceforth operate that part of any railway or street railway system owned or leased by it (including all subsequent extensions thereof) situated within the said City of Winnipeg, subject to the whole terms, conditions and provisoes contained in sections 2, 2(a), 2(b), 3, 4, 5, 6, 7, 8, 9, 10, 11 (except the last sentence thereof), 12, 13, 15, 18, 19, 19(a), 31(a), 31(b), and 36 of by-law number 543 of the City of Winnipeg, as ratified and confirmed by 55 Victoria, chapter 56, in so far as the same can be made applicable thereto, the words "the company" being read in place of the words "the applicants" referred to in said sections, which terms, conditions and provisoes, and the due fulfilment thereof, shall be conditions precedent to the subsequent exercise and enjoyment within the city so enlarged of the rights and powers to build and operate a railway or a street railway system conferred by this Act or by any agreement made in pursuance thereof as aforesaid.
25 Notwithstanding anything herein contained, this Act shall not confer any monopoly or any exclusive right, privilege or franchise.
26 This Act shall come into force on the day it is assented to.
NOTE: This Act replaces S.M. 1911, c. 104.