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as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 136
The Portage and North Western Railway Incorporation Company Act
WHEREAS An Act respecting "The Portage and North Western Railway Company" was assented to April 13, 1899;
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:
William Martin, Robert J. Campbell, Alexander Nugent McPherson and John S. Ewart and all such other persons as shall or may be associated with them and their successors are hereby created and erected into a body corporate and politic in deed and in law by the name, style and title of the Portage and North Western Railway Company; and by that name shall have perpetual succession and shall be able to sue and be sued, to plead and be impleaded, defend and be defended in Courts of law, and may make and have a common seal.
The words "The Company", wherever used in this Act, shall mean the Portage and North Western Railway Company.
The Company is hereby authorized and empowered to locate, construct, furnish, maintain, operate and enjoy railway lines with the appurtenances in the Province of Manitoba as follows:--
Main line
(1) Commencing at a point at the Town of Portage la Prairie, on the south side of the tracks of the Canadian Pacific Railway Company as now laid down, thence north-westerly and westerly between the lines of the Canadian Pacific Railway on the south and the Manitoba and North-Western Railway and the Great North-West Central Railway on the north, to a point to the south or south-east of Hamiota, thence northerly and north-westerly to a point at or near the town of Birtle, thence northerly to the north boundary of the Province.
Branches
(2) A branch running from the main line at a point in range eighteen or nineteen west to a point at the City of Brandon on the south side of the tracks of the Canadian Pacific Railway Company as now laid down.
(3) A branch running from the main line at a point in range seventeen, eighteen or nineteen to a point at the Town of Rapid City.
(4) A branch running from the main line at a point in range twenty-four or twenty-five to a point at the Town of Virden.
(5) A branch from the Town of Portage la Prairie northerly for a distance of eight miles.
(6) A branch from some point on the main line in range fifteen to a point in or near the Town of Neepawa.
(7) A branch from some point on the main line in ranges eleven or twelve to a point in or near the Town of Gladstone.
(7)(a) A branch from some point on the main line in range seventeen to a point in the Town of Minnedosa.
(8) The main line may be divided into and constructed in sections of ten miles each.
Additional branches
(9) A branch running from a point on the line of said railway in the Municipality of Miniota or the Municipality of Birtle, westerly or northwesterly through the Municipality of Archie or Ellice, or partly through the one and partly through the other to the western boundary of the province.
(10) A line of railway commencing at a point at or near the Town of Portage la Prairie; thence extending southeasterly to a point at or near the Town of Morris; thence easterly and southeasterly to a point on the international boundary between range eight (8) east of the first meridian and the Lake of the Woods.
(11) The branch northerly from the Town of Portage la Prairie authorized by subsection (5) of this section may be extended northwards to a point at or near the waters of Lake Manitoba.
Deflection of line of railway
(12) The said Company shall have power to deflect its line at a point in range eighteen southwesterly to a point in the City of Brandon south of the Canadian Pacific Railway tracks, then commencing at a point on said southwesterly deflection northwesterly to a point at or near the southwest corner of township twelve in range nineteen, thence westerly or northwesterly as set out in the Act passed in the present session as aforesaid, the location of such point of departure and of said southwesterly and northwesterly deflection to be subject to the approval of the Railway Commissioner for Manitoba.
The Company is hereby authorized and empowered to construct, maintain and operate a system of telegraph and telephone lines along the said railway lines.
The Company is hereby authorized and empowered to engage in and carry on express business on said railway lines.
The said William Martin, Robert J. Campbell, Alexander Nugent McPherson and John S. Ewart are hereby constituted the provisional directors of the Company.
The capital stock of the Company shall be five hundred thousand dollars, divided into five thousand shares of one hundred dollars each. At least twenty-five per cent of such stock shall be subscribed, and at least ten per cent of the amount subscribed actually paid before the Company shall commence business.
No person shall be qualified to be a director unless he be the holder of at least ten shares of the stock of the Company, and unless he has paid all calls and assessments made thereon.
May receive bonuses, etc., in aid of construction
The Company may receive, either from the Government or from any person or bodies corporate or politic, lands, loans, gifts, money or securities for money howsoever granted, in aid of the acquisition, construction, completion, equipment and maintenance of the said railway, telegraph and telephone lines.
All deeds and conveyances of lands to the Company for the purposes of the Act, in so far as circumstances will admit, may be in the form of Schedule "B" to this Act subjoined, or in any other form to the like effect, and for the purpose of the due registration of the same, all registrars in their respective districts and the District Registrars, under the provisions of the Real Property Act, and amendments thereto, are required to register in their register books, such deeds and conveyances upon the production thereof, with an affidavit of the due execution thereof, and shall minute the registration of entry on such deeds, and the Registrar or District Registrar, as the case may be, shall receive from the Company on any deed set forth in the form of the said Schedule "B" for the registration thereof, and 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, but nothing in this clause shall compel the District Registrars to receive any such deed unless the land comprised therein has been brought under the operation of the Real Property Act.
The Directors of the Company, under the authority of the shareholders, to them given by a resolution at the annual meeting or a special meeting called for that purpose, are hereby authorized to issue bonds under the seal of the Company, signed by its President, or other presiding officer, and countersigned by its Secretary, and such bonds shall be made payable at such times and at such place or places as may be designated in the bonds, and shall bear interest at a rate not exceeding six per cent per annum; and the Directors shall have power to issue and sell or pledge all or any of the said bonds, at such price and on such terms and conditions as they may think proper; provided that the total amount of such bonds to be issued shall not exceed sixteen thousand dollars per mile of the said railway, to be issued in proportion to the length of railway constructed or under contract to be constructed, and the Company is authorized to secure, and shall secure the payment of the principal and interest of said bonds by a mortgage deed creating such mortgages, charges and incumbrances upon the whole or any part of such property, assets, rents and revenues of the Company present or future or both, as shall be described in the said deed, but such rents and revenues shall be subject, in the first instance to the payment of the working expenses of the railway, and by the said deed the Company may grant to the Trustee or Trustees named in such deed all the rights, powers, immunities, franchises and property of the Company, including its corporate franchise and all and every the powers and remedies granted by this Act in respect of the said bonds, and all other powers and remedies not inconsistent with this Act, or may restrict the bondholders in the exercise of any powers, privileges or remedy granted by this Act, as the case may be, and all such powers, rights and remedies as shall be so contained in such mortgage deed shall be valid and binding and available to the bondholders in manner and form as therein provided.
The Company is hereby authorized and empowered to expropriate all lands necessary for right-of-way, station grounds, and also for gravel pits necessary for ballasting the said road, and water for the use of said railway, and said right shall be exercised in the manner provided by the Railway Act of Manitoba.
The directors, of whom there shall be five, and three shall be a quorum for the transaction of business, shall have full power to make and prescribe such by-laws and rules and regulations as they shall deem needful and proper touching the subscription, calls and disposition of the stock, and touching the disposition and management of the property, estate and effects of the Company, the transfer of shares, the duties and conduct of their officers and servants, touching the election and meeting of the directors, and all matters whatsoever which may appertain to the concerns of the Company; and the said Board of Directors shall have full power to appoint such engineers, agents and subordinates as may from time to time be necessary to carry into effect the object of the Company, and do all acts and things touching the acquisition, location and construction, maintaining and operation of said railway, telegraph and telephone lines.
Annual meeting of shareholders
The annual meeting of the stockholders shall be held on the first Monday in June of each and every year at the head office of the Company, which shall be in the City of Winnipeg, between the hours of eleven o'clock in the forenoon and four o'clock in the afternoon on said day as may be appointed.
General meetings of the shareholders of the Company shall be called at the instance of the president or any two directors or any five shareholders, and two weeks' notice shall be given in the Manitoba Gazette and one newspaper published in the City of Winnipeg.
The first meeting of the shareholders for the appointment of directors shall be held at the City of Winnipeg at such time as the provisional directors may appoint.
Arrangement with other railway companies
The Company is authorized to enter into arrangements for the lease or sale of the lines and property of the Company to or to make running arrangements with any other Company.
Privileges as to loading of grain
And the Company shall, at all stations upon their railway, always permit the loading of grain into cars from farmers' vehicles or flat warehouses subject to reasonable regulations to be made by said Company, and shall at all reasonable times afford proper facilities therefor.
Facilities for free interchange of traffic
The Company agrees to afford all reasonable facilities to any other railway Company for the receiving and forwarding and delivery of traffic upon and from the lines of railway belonging to or worked by such companies respectively, and the Company shall not make or give any undue or unreasonable preference or advantage to or in favor of any particular person or Company, or any particular description of traffic in any respect whatsoever, nor shall the Company subject any particular person or Company or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever, and the said Company shall afford all due and reasonable facilities for receiving and forwarding by its railways all the traffic arriving by such other railway or railways without any unreasonable delay, and without any such preference or advantage or prejudice or disadvantage as aforesaid, so that no obstruction is presented to the public desirous of using such railways as a continuous line of communication, and so that all reasonable accommodation by means of the railways of the several companies, is at all times afforded to the public in that behalf, and any agreement made between the Company and any other company contrary to this agreement shall be null and void.
This Act shall come into force on the day it is assented to.
SCHEDULE B
Know all men by these presents that I (or we)
in consideration of dollars to me (or as the case may be) by the Portage and North-Western Railway Company, now paid, the receipt whereof is hereby acknowledged, do grant all that certain parcel of land situate (describe the land), the same having been selected by the Company for the purposes of their railway to hold with the appurtenances thereof unto the said "Portage and North-Western Railway Company," their successors and assigns.
As witness my hand and seal (or our hands and seals) this day of , A.D., one thousand eight hundred and
Signed, sealed and delivered
in the presence of
(Seal.)
NOTE: This Act replaces S.M. 1899, c. 51, as amended by S.M. 1899, c. 52.