CHAPTER 36.

An Act to make further provision for a Land Subsidy for and in aid of the British Columbia Southern Railway.



[12th. April, 1893.]

WHEREAS by, sections 1 and 16 of the Act passed by the Legislature of this Province in the fifty-third year of Her Majesty's reign, intituled "An Act in aid of certain Railways," a certain land grant was authorizeel to be made in aid of the British Columbia and Southern Railway, under the name of the "Crow's Nest and Kootenay Railway":

And whereas by an Act passed by the Legislature of this Province in the 54th year of Her Majesty's reign, the Company was authorized, in addition to the powers conferred upon it, to construct a branch line from Elk River to Tobacco Plains, near the 49th parallel:

And whereas an Act has been passed at the present session of the Legislative Assembly of the Province of British Columbia amending the Act of Incorporation of the said British Columbia Southern Railway Company, by, amongst other things, authorizing the Company to construct as an alternative route to the line from Cranbrook to the Lower Kootenay River, authorized by its first charter, a line of railway, from Cranbrook to Pilot Bay, on Kootenay Lake, or to the Lardo River by way of St. Mary's River, and by further dividing the undertaking of the Company, and all routes over which its various charters extend, into three distinct sections as in the Schedule to said Act set out:

And whereas it is advisable to make provision for a land grant in respect of either or both of the sections in said Schedule, known as the Eastern and Central sections, and to define the manner in which the said "Railway Aid Act, 1890," shall apply to the respective undertaking of the Company:

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—

  1. The Lieutenant-Governor in Council may grant to the said Company lands in the Electoral Districts of East and West Kootenay, not exceeding twenty thousand acres for each mile of railway to be constructed by the said Company, under the authority of section 4 of the "British Columbia Southern Railway Act Amendment Act, 1891," and of section 1 of the "British Columbia Southern Railway Act Amendment Act, 1893."


  2. Such lands shall be taken up and acquired in accordance with the provisions of sections 1 and 16 of the "Railway Aid Act, 1890," save and except, however, and it is hereby provided, that such portion of Section 1 of the said "Railway Aid Act 1890," as requires guarantees to be taken for the completion of the whole road, shaill be read as requiring guarantees for the completion, within the time limited in the said "British Columbia Southern Railway Act Amendment Act, 1893 of the remaining portion of the section as described in the Schedule to the "British Columbia Southern Railway Act Amendment 1893," in respect of a portion of which, then constructed, the Company may be applying for a land grant.


And whereas part of the land which otherwise would be available to the Company in respect of the construction of portion of the eastern section of their said railway, and lying to the south of Elk River, is already taken up by the Kootenay Valley Company and the Canadian Pacific Railway Company: Therefore it is hereby enacted:—

The land mentioned in section 16 of the "Railway Aid Act, 1890," is to be made available to the Company as portion of the grant in respect of the construction of the eastern section of its said railway, and may be applied for as portion of the block to be granted upon completion of the second twenty miles of the eastern section of the said Company's railway.


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