Bill 9 (Legislature 10, Session 3)

L10 S3 7442

Alberta — Bills

BILL No.9 of 1946.

An Act to incorporate the Highw'Ood Western Railway Company. (Assented to , 1946). W~EREAS a.Petition has been presented praying for the . Incorpora~Ion of a company to c'Onstruct and 'Operate a raIlway as hereInafter set forth, and it is expedient t'O grant the prayer 'Of the said Petition; Therefore His Majesty, by and withthe advice and consent of the Legislative Assembly of the Province of Alberta enacts as follows:' , 1.

Gord'On Hollis All~n, MacDonald Millard (Barristers), and Margaret Grace RIley (Secretary), all of the City 'Of Calgary, in the Province 'Of Alberta, together with such persons as becDme shareholders in the Company hereby incorporated, are hereby consJtituted a b'Ody c'Orporate under the name of "Highwood Western Railway Companv" (here- inaf.ter call "the company") . . 2. The head office of the cDmpany shall be at the City of Calgary. . 3.

The several clauses of The Railway Act of Alberta shall be, and the same are hereby incorporated with and shall be deemed t'O be part of this Act, and shall apply to the said c'Ompany and to the railway t'O be constructed by it, excepting so fa.r 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 clauses of the said Railway A'ct as aforesaid. 4.

The· company may layout, construct and operate a railway of the gauge of 4' 8112" fr'Om a point at Dr near Okot'Oks on the Calgary and Edmonton branch of the Cana dian Pacific Railway, thence south-westerly to a p'Oint on. the boundary between the Province 'Of Alberta and the ProvInce of British C'Olumbia in township 16, range 6, west of the 5th meridian. 5. The persons mentioned by nam~ ~n the ~irst

section of this Act are hereby c'Onstituted provISIOnal dIrectors of the said company. 6. The capital stock of the company shall be two .million dollars (~2,OOO~OOO.OO) and may be called up by the dIrect'Ors

2 from time to time as they deem necessary, but no one call shall exceed 10 per cent on the share subs:cribed. 7. The annual general meeting of the shareholders shall be held on the first Monday in April in each year, or at such other times as the directors in general meeting shall deter mine. 8. At such mee,ting the suhscriber.s for the capital stock assembled, who have paid all calls due on their shares, shall choose five persons to be directors 'Of the company, one or more of whom may be paid directors of the company. 9.

The company may issue bonds, debentures or other ~ecurities to the extent of thirty-five thousand dollars ($35,- 000.00) per mile of the railway and branches, and such bonds, debentures or other se,curities may be issued only in proportion to the length of railway constructed or under contract to be constructed. 10.

The conlpany may enter into an agrrement with another company or companies for conveying or leasing- to such company or companies the railway of the Company hereby incorporated, in whole or in part, or any rights or powers acquired under this Act, as also the surveys, plans, works, plant, material, ma~hinery and other property to it belonging, or for an amalgamation with such company or companies, on such terms and conditions as are agreed upon, and subject to such restrictions as to the directors seem fit; provided that such agreement has been first sanctioned by two-thirds of the votes at a special general meeting of the shareholders duly called for the purpose of considering the same, at which meeting shareholders representing at least two-thirds in value of the stock are present in person or represented by proxy, and that su~h agreement has also received the approval of the Lieutenant Governor in Council. 11.

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 reas'Onable regulations to be made by the said company, and shall at all reasonable times afford proper facilities therefor. 1.2.

The '00mpany agrees ,to afford all reasonable facilities to any other railway company for the receiving and forward ing and delivery of traffic upon and from the line of railway belonging to or worked by such cOlnpanies. respectively, and the company shall not make or give undue or unreasonable preference or advantage to or in favour 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 descrip tion of traffic, to any undue or unreasonable prejudice or disadvantage whatsoever, and the said Company shall afford all due and reasonable facilities for receiving and forwarding

3 by it~ railway:s all the traffic arriving by such other railway or raIlways wIthout any unreasonable delay, and witho.ut any such preft:rence or advantage or prejudice o.r disadvantage as ~foresaId, S?' that no o.b;struction is presented to. the public desIrous o.f uSlng such raIlway as a continuo.us line of co.m munication, and so that all reaso.nable acco.mmodation by means of the railways of the several companies, is at all times afforded to the publi:c in that behalf, and any agreement made between the cnmpany and any other c{)mpany nr co.m panies co.ntrary to. this agreement shall be null and Vo.id. 13.

The company shall also. have Po.wer for the purposes o.f its undertaking to cnnstruct and o.perate, an electric tele graph line or l,ines and a telephone line o.r lines along the said railway, and to. construct and maintain such bridges as shall be necessary or ,convenient for the use o.f said railway, not being bridges o.ver any navigable river o.r rivers, unless such bridge nr bridges o.ver such navigable rivers or waters has or have been autho.rized by the Governnr G€neral in Co.Un:eil. 14. The railway hereby authorized shall be constructed and put in operatio.n within the time prescribed by

section 70 o.f The Railway Act, being

chapter 197 of the Revised Statutes o.f Alberta, 1942. 15. Pro.vided, however, that no.thing co.ntained in this Act shall nr will be cnnstrued as 'conferring nn the Co.mpany any right or power to operate a telegraph line, other than for the purpnse of the co.mpany'~ internal busin~ss, o.r ~ny right o.r Po.wer to. transact a pubhc telephone bUSIness ~Ith o.ut express power o.r permissinn having first been o.btaIned from the Minister of Railways and Telephones. 16. This Ac't shall co.me into. fo.rce nn the day upon which it is assented to..

THIRD SESSION TENTH LEGISLATURE 10 GEORGE VI 1946 BILL

An Act to Incorporate the Highwood Weg,tern Railway Company. Received and read the First time Second time .................................... . Third time ....................................... . MR. ANDERSON. EDMONTON: A. Shnitka, King's Printer 1946 Title: 1946 (10th, 3rd) Bill 9,

An Act to Incorporate the Highwood Western Railway Company

Document details

Collection	Alberta — Bills
Citation	L10 S3 7442
Type	bill
Volume / chapter	L10 S3 7442
Language	en
Format	json
Source	PROVINCIAL
Identifier	2a64edc2261fc1b652fe85307433da99baa4d983

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