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It has been in effect since November 14, 1990, when this Act came into force.
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R.S.M. 1990, c. 51
The Emerson-Churchill Colonization Railway Company Incorporation Act
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WHEREAS An Act to incorporate "Emerson-Churchill Colonization Railway Company" was assented to May 17, 1929;
WHEREAS the preamble to this Act when it was originally enacted provided as follows:
WHEREAS a petition has been presented praying for the incorporation of a railway and colonization company to construct and operate a railway as hereinafter set forth, and 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, as amended, 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:
Emerson-Churchill Promotion Company, Limited, Frederick Charles Hamilton, financial agent; David Anthony Keizer, civil engineer; Charles James Jamieson, physician; William Gordon Gunn, barrister-at-law; Alexander Douglas Sutherland, salesman; Clifford Barclay, farmer; Roderick Duncan McMillan, retired; Charles Frederick Gray, consulting engineer; and John Hugh Sutherland, contractor, all of the city of Winnipeg, in the Province of Manitoba, together with such persons as become shareholders in the company hereby incorporated, are hereby constituted a body politic and corporate under the name of the "Emerson-Churchill Colonization Railway Company" (hereinafter called the "company").
The head office of the company shall be at the city of Winnipeg in the said Province, or at such place in the said Province as may be directed by the by-laws of the company.
The several sections of The Manitoba Railway Act, including those relating to the control of rates, shall be, and the same are hereby incorporated with and shall be deemed to be part of this Act, and shall apply to the said company and to the railways to be constructed by it, except in so far as the same may be inconsistent with the express enactments hereof, and the expression "this Act" when used herein, shall be understood to include the sections of the said Railway Act, except as aforesaid.
The company may and shall have full power and authority to survey, lay out, construct, equip, maintain and operate a line or lines of railway, from a point at or near the town of Emerson, in the Province of Manitoba, to a point at or near Slave Falls, on the Winnipeg River, in the said Province of Manitoba, thence north-westerly to a point of intersection with the Hudson Bay Railway, at or near Waboden, on said Hudson Bay Railway, thence north-westerly to Churchill Harbor, together with a branch line from, at, or near Pine Falls, in said
Province, to the nearest point on the above-described route, and a branch line from a point on the above-described route at or near its crossing of the east branch of the Nelson River north of Norway House, easterly to a point at or near Island Lake, and a further branch line from a point on said route at or near its crossing of the Burntwood River to a point at or near Granville Falls on the Churchill River, and to acquire, establish and work lines of steamers and other vessels, and to acquire or construct elevators, sheds, warehouses, wharves, docks and terminals for use in connection with the said railway line or lines.
The company is hereby authorized to construct and operate an electric telegraph line or lines along the said railway, and to carry on an express business on and along the same.
The persons named in the first clause of this Act are constituted provisional directors of the company, of whom three shall form a quorum, and shall remain in office until the election of a permanent board. They shall, while in office, have power and authority, among other things, to fill vacancies which may occur in their number, to cause surveys and plans to be made and executed, to procure subscriptions for stock, and generally to perform all the deeds of directors of the company.
The capital stock of the company shall be Five Million Dollars ($5,000,000.00), divided into Fifty Thousand (50,000) shares of One Hundred Dollars ($100.00) each, provided that on application of the company the Lieutenant-Governor-in-Council may increase the amount of the capital stock to any amount not exceeding $50,000,000.00.
The directors of the company are authorized to borrow, in Canada or elsewhere, the sums of money needed for the construction, maintenance and operation of the railway or lines of steamers, the purchase of land and buildings, and the construction or acquisition of other properties or works of any kind in connection with its undertaking; to issue bonds, debentures and other securities for any sums borrowed, bearing the seal of the company, signed by the president or other officer acting as such, and counter-signed by the secretary or other officer acting as such, and to hypothecate, mortgage, and pledge the railway and the franchises of the company and the rolling stock, revenues and all other properties and assets whatsoever of the company, or any part thereof, to secure the payment of all or any such sums and the interest thereon. Such bonds, debentures and other securities may be issued in whole or in part in the denomination of dollars or pounds Sterling. They may be made payable in such manner and at such place in Canada or elsewhere, and may be for such amounts and bear such rates of interest as the directors may determine, and they may from time to time sell or pledge the same at such price and on such terms and conditions as they may deem expedient. And such bonds, debentures or other securities pledged as aforesaid, may, when redeemed, be again issued in the same manner and with the same effect as if no pledge thereof had been made.
The company may amalgamate with any other railway company.
The company is authorized to enter into agreements with any other railway company:
(1) for the passing of its cars and running of its trains over any line of railway which its own line may cross or join, as well as for the running of the trains of any other railway company over its own line;
(2) for acquiring branch lines;
(3) for facilitating communication between its railway and any other;
(4) for acquiring, by purchase or otherwise, the property, rights and privileges of other railway companies.
The company may sell, lease or transfer to any person or other company, or to the Crown, the whole of the road or its interest therein, or in any part thereof, of all or any of its property or undertakings, including steamship lines, on such conditions as to the directors may seem advisable.
The company may receive, either from any Government or from any persons or bodies corporate or politic authorized to grant the same, bonuses, lands, loans or gifts of moneys, or securities for money, or guarantees, howsoever granted, in aid of the construction, equipment and maintenance of the said railway and its works or property.
The company is further authorized and empowered to enter into schemes with any Government or persons or bodies, corporate or politic, for the settlement and colonization of such lands as it may own, and such other lands as may be available for that purpose in the territory through which its said line or lines operates or operate, without, however, interfering with the private rights of any owners of such other lands.
The company is authorized to purchase, lease, take in exchange, or otherwise acquire, lands or interests therein, together with any buildings or structures that may be on the said lands or any of them, and to sell, lease, exchange, mortgage, or otherwise dispose of the whole or any portion of the lands, and all or any of the buildings or structures that are now or may hereafter be erected thereon, and to take such security therefor as may be deemed necessary.
The directors may issue as paid-up stock, shares of the company, whether subscribed or not, and may allot and hand over such paid-up stock and bonds, debentures or other securities of the company, in payment of right-of-way, plant, rolling stock or materials of any kind, and also for the services of contractors, employees of the company and others, and may also allot and hand over such shares, bonds, debentures or other securities to the creditors of the company, whether such creditors are or are not directors or shareholders of the company, in payment of any indebtedness of the company. Such issue and allotment of bonds and stock shall be binding on the company and shall not be assessable for calls.
This Act and all the provisions thereof shall become null and void unless the construction of the railway hereby authorized shall be commenced before April 7, 1939 and shall be completed before April 7, 1943.
This Act shall come into force on the day it is assented to.
NOTE: This Act replaces S.M. 1929, c. 105, as amended by S.M. 1936, c. 96.