60-61 VICTORIA.

CHAP. 36.

An Act respecting the British Columbia Southern Railway Company.

[Assented to 29th June, 1897.]

WHEREAS the British Columbia Southern Railway Company has, by its petition, represented that it was incorporated by an Act of the Legislature of the province of British Columbia, being chapter forty-four of the statutes of 1888, under the name of "The Crow's Nest and Kootenay Lake Railway Company,"—that the said Act was amended by chapter sixty-three of the statutes of 1890,—that the said Acts were amended and the said Company's name was changed to "The British Columbia Southern Railway Company," by chapter fifty-six of the statutesof 1891,—that the said Acts were further amended by chapter forty-seven of the statutes of 1893,—that the said Acts were consolidated by chapter fifty-three of the statutes of 1894,—that by the said Acts the said Company is authorized to build its railway, of a gauge of not less than three feet, from the eastern boundary of British Columbia, to New Westminster, in three sections, and a branch, as follows :—

(a.) The Eastern Section to consist of that portion of the said railway commencing at the junction of Summit Creek with Michel Creek; thence by way of Michel Creek to Elk River and the Upper Kootenay River, with power to go to the forty-ninth parallel and the Tobacco Plains;

(b.) The Central Section to consist of that portion of the railway commencing at a point on the Elk River, near the junction of the Elk River with the Kootenay River, thence in a northerly direction to a point at or near Cranbrook, thence by the Moyee Pass to the Lower Kootenay River, or by the alternative route from Cranbrook by way of St. Mary's River to Pilot Bay on Kootenay Lake, or to the Lardo River;

(c.) The Western Section to consist of that portion of the railway commencing from the western terminus of the Central Section to the coast, by the most convenient route, to a favourable place for crossing the Fraser River to the city of New Westminster, thence to a suitable terminus on Burrard Inlet, and shall include a branch line to Nelson, via Salmon River;

(d.) A branch line from a point on the main line at or near the forks of Michel Creek, thence by way of Michel Creek to Martin Creek;

And whereas by an Act of the Legislature of the province of British Columbia, being chapter fifty-three of the statutes of 1896, the time for the completion of the said sections and branch was extended as follows : "The Company shall construct and equip the Eastern Section on or before the 31st day of December, 1898; the Central Section and the branch line mentioned in subsection (d.) of the preceding section, on or before the 31st December, 1899, and the Western Section on or before the 31st December,1900:" and whereas the said Company has, by its petition, further prayed that the said Company and its undertaking may be brought within the legislative jurisdiction of the Parliament of Canada, and that certain additional as hereinafter set forth be conferred upon the said Company, and it is expedient to grant the prayer of the said petition:
Therefor, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows:—

  1. The undertaking of the British Columbia Southern Railway Company, hereinafter called "the Company," is hereby declared to be a work for the general advantage of Canada.


  2. The Company may extend its line of railway from its eastern terminus in the Crow's nest Pass, across and over the eastern boundary of British Columbia, into the district of Alberta, thence in an easterly direction to Macleod, or to a point on the line of the Calgary and Macleod Railway and there to connect with the same, and thence easterly to Lethbridge.


  3. The Company may issue bonds, debentures or other securities to the extent of thirty thousand dollars per mile of its railway and branches, including the extension to Lethbridge, but such bonds, debentures or other securities may be issued only at the said rate for the length of railway constructed or under contract to be constructed.


  4. The Company may lease its works, or any part thereof, to the Canadian Pacific Railway Company, on such terms and conditions, and for such period as is agreed upon between the directors of the said companies: Provided that the lease be sanctioned by the consent in writing of every shareholder of the Company, and by the Governor in Council; or failing such consent of every shareholder, then by two-thirds of the votes of the shareholders present or represented at a special general meeting duly called for the purpose, and by the Governor in Council, after notice of the proposed application therefor has been published in the Canada Gazette, and in a newspaper published at Vancouver in British Columbia at least four weeks previous to the hearing of such application and a duplicate of the said lease shall within thirty days after its execution be deposited in the office of the Secretary of State, of which deposit notice shall be given by the Company in the Canada Gazette.


  5. Any Act hereafter passed for the purpose of controlling railway companies incorporated by or subject to Parliament as to the issuing of stock or bonds, and as to rates or tolls and the regulation thereof, and as to running powers over or other rights in connection with the railway of any company by any other company, and the exercise of powers conferred upon railway companies, shall apply to the Company from the time such Act goes into effect ; but this section. shall not be construed to imply that such Act would not apply to the Company without the enactment of this section.

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