as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 208
The Waskada and North-Eastern Railway Company Incorporation Act
WHEREAS An Act to incorporate "The Waskada and North-Eastern Railway Company" was assented to April 13, 1899;
WHEREAS the preamble to this Act when it was originally enacted provided as follows:
WHEREAS the construction of a railway from some point in Township Five, Range Nineteen, Twenty or Twenty-one West of the First Principal Meridian, Manitoba, to a point in Township One, Range Twenty-four West of the First Principal Meridian in Manitoba, thence to Weskada and onward to the western boundary of the Province, would be of great benefit to the Province of Manitoba;
AND WHEREAS a petition has been presented praying for the incorporation of a Company for that purpose, and it is expedient to grant the prayer of such 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:
John Swan Thomson, Allan Slater, George Foster, farmers, of the Municipality of Arthur; John Alexander Mather, attorney, Philip Fraser Johnston, gentleman, Alexander James Falconer, merchant, George Paterson, barrister, George Ashmore, farmer, of Deloraine; Herman Mentz, farmer, of Lennox, together with all such other persons and corporations as shall become shareholders in the Company hereby incorporated, shall be, and the same are, hereby constituted and declared to be a body corporate and politic, by and under the name of "The Waskada and North Eastern Railway Company," and the words "the Company," hereinafter used, shall mean "The Waskada and North Eastern Railway Company."
The Company shall have full power and authority to locate, lay out, construct, build, furnish, operate, alter and keep in repair a railway, with double or single steel tracks, commencing at a point in Township Five, Range Nineteen, Twenty, or Twenty-one west of the First Principal Meridian, Manitoba, to a point in Township One, Range Twenty-four west of the First Principal Meridian in Manitoba, thence to a point at or near Waskada and onward to the western boundary of the Province.
The line may be divided into and constructed in sections of ten miles each.
The Company shall also have power to construct and operate an electric telegraph line or lines, and a telephone line or lines, along the said railway, and to construct and maintain such bridges as shall be necessary or convenient for the use of the said railway, not being bridges over any navigable river or water, unless such bridge or bridges, over such navigable river or waters, has or have been authorized by the order of the Governor-General in Council.
The several clauses of the Railway Act of Manitoba shall be, and the same are, hereby incorporated with, and shall be deemed to be part of this Act, except in so far as the same are inconsistent with this Act; and the expression "this Act" when used in this Act, shall be understood to apply to and include the clauses of the said Railway Act of Manitoba except as aforesaid.
John Swan Thomson, Allan Slater, George Foster, farmers, of the Municipality of Arthur; John Alexander Mather, attorney, Philip Fraser Johnston, gentleman, Alexander James Falconer, merchant, George Paterson, barrister, George Ashmore, farmer, of Deloraine; Herman Mentz, farmer, of Lennox, shall be and are hereby constituted provisional Directors of the said Company.
The capital stock of the Company shall be five hundred thousand dollars, with power to increase the same, to be divided into five thousand shares of $100.00 each.
No subscription for stock in the capital stock of the Company shall be binding on the Company, unless ten per cent of the amount subscribed has been actually paid thereon within one month after subscription.
The said Company may receive either from any Government or from any persons or bodies corporate or politic, except Municipal Corporations, bonuses, lands and loans or gifts, or moneys or securities for money, howsoever granted, in aid of the construction, equipment and maintenance of the said railway.
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 shareholders for the appointment of directors shall be held at the City of Winnipeg at such time as the provisional directors may appoint.
The annual meeting of the shareholders 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 as may be appointed.
There shall be five directors, of whom three shall form a quorum.
Special general meetings of the shareholders of the said Company may be held at the City of Winnipeg, and at such times and in such manner, and for such purposes as may be provided by the by-laws of the Company; provided, however, that notice of such meeting shall be given by advertisement in the same manner as provided by this Act.
All deeds and conveyances of land to the said Company, for the purposes of this Act, in so far as circumstances will 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 registration of the same, the Registrar or District Registrar for the District or Districts in which said lands may respectively be, is required to register in his registry books such deeds and conveyances upon the production thereof, with an affidavit of the due execution thereof, and shall minute the entry of registration on such deeds; and the Registrar or District Registrar shall receive from the said Company on any such deed set forth in the form of the said Schedule "A" 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.
All persons, whether British subjects or aliens, or residents of Canada or elsewhere, shall have equal rights to hold stock in the Company, and to vote on the same, and shall be eligible to hold office as Directors or officers in the said Company.
The Directors of the Company, under the authority of the shareholders, to them given by a resolution of the annual meeting, or of a special general 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 by another Director, and countersigned by its Secretary, and such bonds shall be made payable at such times and in such manner, and at such place or places in Canada or elsewhere, and bearing such rate of interest as the Directors shall think proper, but 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 the best price, and upon the best terms and conditions that at the time they may be able to obtain, for the purpose of raising money for prosecuting the undertaking; provided that the amount of such bonds so issued, sold or pledged 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; but, notwithstanding anything in this Act contained, the Company may secure the bonds to be issued by them 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, privilege or remedy granted by 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.
Whenever it shall be necessary, for the purpose of procuring sufficient lands for stations, or for gravel pits, or for constructing, maintaining and using the said railway, also for any other purpose connected with the said railway, or for opening a street to any station from an 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 and dam, for the purpose of the said railway, the water of any stream or watercourse over or near which the said railway passes, not being navigable waters, doing, however, no unnecessary damage thereto, and not impairing the usefulness of such stream or watercourse 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 the expropriation of lands.
The construction of the railway hereby authorized shall be commenced within one year, and completed within five years, from the date of assent to this Act.
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.
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.
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 line 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 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 railway 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.
Know all men by these presents
that in consideration
of dollars, to by The Waskada and North Eastern Railway Company now paid (the receipt whereof is hereby acknowledged) do grant all that certain parcel of land situate the same having been selected by the said Company for the purposes of their railway, to hold with the appurtenances thereof unto the said The Waskada and North Eastern Railway Company, their successors and assigns.
As witness hand and seal this day of A.D. one thousand eight hundred and
Signed, sealed and delivered
in the presence of
NOTE: This Act replaces S.M. 1899, c. 55.