Bill 8 (Legislature 4, Session 1)

L4 S1 9697

Alberta — Bills

BILL No.8 of 1918.

An Act to in.corporate The Calgary and South-\Vestern Railwa.y Company. C1s.<;(mted to , HHS.) WHEREA~ a petition has been presented, praying for the incorporat.ion of a company to construct and opemto a railway as hereinafter Rct forth, and it iR expedient to grant the prayer of the said petition; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts aR follows: 1. Arthur L. Smith, barrister and solicitor; William C.

Robertson, barrister and solicitor, and R.oy Manning Ed manson, barrister and solicitor, all of the City of Calgary, in the Province of Alberta, together with such persons as become shareholders in the company hereby incorporated, are hereby constituted a body corporate under the name of The Calgary and South-Western Railway Company, hereinafter called "the company." 2. The head office of the company shall he in the City of Calgary, in the Province of Alberta. 3.

The Reveral clauses of 'Phe Railway Act of Alberta shall be, and the same are hereby, incorporated with and shall be deemed to be part of this Act, and shall apply to the said company and to the railway to be constructed by it, excepting so far 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 clauRes of the Raid Railway Act as aforesaid. 4.

TIle company may layout, construct and operate a railway of the gauge of foUl' feet eight and one-half inches from a point within or near the City of Calgary in the Province of Alberta by the most fea,sible route to a point on the western boundary of the said province in township eighteen (18) nineteen (H)) or twenty (20); also from a point on the said l'P,ilway to a point at or near the Town of Okotoks on the Calgary and Edmonton Railway. 5. The persons mentioned by name in the first

section of this Act are hereby constituted provisional directors of the said company. 6. The capital stock of the company shall be two million five hundred thousand dollars ($2,500,000), and may be called up by the directors from time to time, as they deem necessa:I'Y, but no one call shall exceed ten per cent. on the shares subscribed. 7. The annual general meeting of the shareholders shall be held on the fifteenth day of February in each year. 2 8.

At such meeting the subsJribers 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 com pany. 9. The company may issue bonds, debentures or other securities to the extent of thirty-five thOluland dollars pN mile of the railway and hranches, mul sudt howls, dehcntul'(''; or other securities may be issued only in proportion to the length of railway constructed or under contract to be constructed. 10.

The company may enter into an agreement wit h 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, machinery and other property to it belonging, or for an amalgamation with such company or companies, on snch 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 such agreement has also received the approval of the Lieutenant Governor in Council. 11.

The company shall, at all stations upon its railway, always permit the loading of grain into cars from farmer:-;' vehicles or flat warehouses, subject to reaRonable regulatioll.R to be made by the said company, and shall at all reasonable times afford proper facilities therefor. 12.

The company agrees to afford all reasonable facilities to any other railway company for the receiving and for warding and delivery of traffic upon and from the line of railway belonging to or worked by such companies respec tively, 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 particula.r 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 un reasonable prejudice 01' disadvantage 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 o[ the several companies is at all times afforded to the public in that behalf. and any agreement made between the company and any other wmpany or com panies contrary to this agreement Ahall be null and void. 13.

The construction of the railway hereby authorized shall be commenced within two yeals and shall be com pleted within five years from the dnte of the coming into force of this Act. 14.

The company shall also ha\·o power for the purposes of its undertaking 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 b~idges over any navigable river or rivers, unless such bridge or bridges oyer such navigable rivers or waters has 0]' have been authorized by the Governor General in Council. 15.

Provided, however, that nothing contained in this Act shall or will be construed as conferring on th2 company any right or powe' to Opel ate n telegraph line, other than for the pmpose of the company's internal bllsiness, or any right or power to transact a public telephone business without express power or permisson having first been obtained from the Minister of Railways and Telephones. 16.

The eompany may enter into and carry out an agreement with the Alberta-Hudson Bay Railway Company for the acquiring by purchase, lease or otherwise of that portion of the railway which the said Albet'ta-Hudson Bay Railway Company is authorized to layout and construct <:overing generally the route of the railway which the company by this Act is authorized to layout, construct and operate and in connection therewith to acquire any rights or powers of the Alberta-Hudson Bay Railway Company and any plans, surveys, plant, material, machinery and other property of the said Alberta-Hudson Bay Railway Company, together with the benefit of any approval of the :\Enister of Railways of the Province of "-\lherta of the route of any such portion of its railway which the said Alberta-Hudson Bay Railway Company now has or may hereafter obtain; and in the event of the said agreement being ent()recl into, any suryeys or plans required by law to be made or furnished heretofore made or furnished by the Alberta-Hudson Ba,y Railway Company shall be accepted by the Department of RaHways of the Province of Alberta as if made by the company and such approval of th~ route of the Alb(~rta-Huclson Bay Railway Company shall be accepted by the said Department as of the route of the company and in respect of such route it :-;hall not be necessary for the comp::my to apply for or obtain any further or other a.ppnwal.

(2) The company may acquire from the said Alberta Hudson Bay Railway Company running rights over the said portiolls of the railway of the said Alberta-Hudson Bay Railway Company and in the event of acquisition by t.he company of any sueh portion as 3Joresaid of t.he said Alberta-Hudson Bay Railway Company the company may grant to the said company running rights Oye1' the same: Provided that any arrangement or agreement made or entered into under the provisions of this

section shall before the same becomes operative receive the approval of the Lieutena.nt (iovernor in Council. 17. This Act shall come in.to force on the day it is assented to. No.8. ]!"IRSrr' SESSION FOURTH J~EGlSLArrURE 8 G~jORGE V 1918 BILL

An Act to incorporate The Calgary and South-Western Railway Com pany. Received and read the First time. Second time. Third time. EDMONTON: J. W. JBPFBRY, KING'S PRINTER A.D. 1918 Title: 1918 (4th, 1st) Bill 8,

An Act to incorporate The Calgary and South-Western Railway Company

Document details

Collection	Alberta — Bills
Citation	L4 S1 9697
Type	bill
Volume / chapter	L4 S1 9697
Language	en
Format	json
Source	PROVINCIAL
Identifier	2f1f2af3b22a1e6265460d679dfa1f962c878791

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