BILL No. 57 of 1911.

An Act to Incorporate The Maharg Electric Railway Company. (Assented to)

WHEREAS a petition has been presented praying for the incorporation of a company to construct and operate an electric railway as hrreinafter set forth, and it i:> expedient to grant the prayer of the said petition: The ref OJ c His Majesty, by awl with the advice and consent of the Legislative Assembly of the Province of Alberta, enact:> a:> follows: 1. C. A. Owens, G. de C. O'Grady, .Joseph Reise, E. M. Adams and F. W.

Phillips, all of the City of Calgary, in the Province of Alberta, together with such persons as become shareholders in the company hereby incorporated, arc hereby constit11ted a body corporate under the name of "The Maharg Electric Railway Company," hereinafter called "the company." 2 .. The !waLl office of the company shall be at the City of Calgary, in the Province of Alberta, or at such other place within the said province as the directors may from time to time determine. 3.

The sewra1 dauses of The !l?.?bvay Act nf .{lbertu shall be and tlw same arc hereby incorporated with and sflall bP dt•Pmed to be part of this Act, and shall apply to the said Company and to the railway to be com<tructed by an A('t, excepting f'O far as the same may be inconsistent with the <'Xprcss enactments hereof or inapplicable to a railway of the nat re hereby aut!w;·izetl, and the expressio;1 "this A .. t" when usprl he1·ein shall be under~tood to include the clauses of the :-aid R:1 lw17J Act a::; aforesaid. 4.

The company may lay out, construct and operate lines of railway operated by any motive power with a gauge of four feet eight anrl one-half inche:, (4ft. 8} ins.) between the following points in the Pmvince of Alberta: From a point at or near the city limits of the City of Calgary; thence in a :,outht'rl~· and south-westerly and westerly direction a distance of five (5) miles more or less.

The said railway may be carried upon and along such road allowanePs, public highways, streets, lanes and squan•s as may be necessary and convenient for the purposes of the construction of the said railway, the consent and approval of the Minister of Public Works first having been obtained ))('fore construetion of any of its works authorized by this Act are commpnct'rl.

It is fmther provided that the <·ompany shall not carry on or construct any of its works autho­ rized by this Act along or across any highway, street, lane or other public place in any city or town unless the company shall have first obtained the consent of the municipal council thereof by an agreement entered into between the company and the said municipality, and ratified by by-law of the said council, if required, by tht' ~tatute or Ordinance undr•r \\hieh the same derives its corporate powers, the municipal eouncil

2 thereof shall be deemed to haYe full power and authority to permit the usc by the company of the highways, streets, lanes, squares, ami other public places of the municipality for the purpose of any of its said works: Provided that the company shall not be entitled to usc any of the public streets, roads or highways or public places within the limits of the City of Calgary for the purposes of a street railway system or otherwise unlef?s it has obtained the consent of the council of the said city to an agreement entered into between the company and the said city ratified by by-law. 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 f'tock of the company shall be two hundred ant! fifty thousand dollars ($250,000.00), divided into twenty­ fivP hundred shares of one hundred dollars ($100.00) each, ant! may be called up by the directors from time to time as they deem necessary, but no one call shall exceed ten per cent. of the shares subscribed. 7. Th() annual general meeting of the shareholders shall be held on the first day of June in each year. 8.

At such meeting tlw shan•holders of the capital stock a:-;scmbled who have paid all calls due on their shares shall ehoosp not kss than three nor more than nine twrsons to be tlw din·etons of the eompany. !). The company may is::;ue bonds, debentures or other seeuri­ tics to the extent of t\venty thousaml dollars ($20,000.00) pC'I' mile of the railway and its branches or sidings, and such bonds, debentures or oth(•r securities may be issw~d only in proportion to the length of railway constructed or under coli­ tract to br~ co11structed. 10.

The eompany may enter into a11 agreement with anoth(_•r. <~ompanv or eompaniPs for conveying or leasing to such conl­ pany or companies the railway of the company hen•by ineor­ pomtcd, in whole or in part, or any rights or powers acquired u·11ler this Act, as also the surveys, plans, works, plant, material, machinery and other propprty to it belonging, or for an amal­ gamation with such eompany or companies, on such terms and con1litions as are agreed upon, an(l subject to such n·­ stridions as to the directors seem fit: Provide(! that such agreement has lwen first sanctioned by two-thirds of the votes at a special general mPeting of the l'hareholders duly caJ!ctl for the purpose of eonsidering the same, at which meeting shareholders representing at least two-thirds in value of the stock are present in person or repre­ sPntecl by proxy, and that such agreement has also received the approval of the LicutPtmnt Governor in Council. 11.

The company shall, at all stations upon their railway, always permit the loading of grain into cars from farmers' vehieles or flat warehouses, subject to reasonable regulations to be rn~dr by tlw s:tid company, and sh!1ll at nil re~!so~ubk times afford propl'!' facilities therefor. 12. The company agrees to afford all reasonable facilities to any other railway company for the n~ceiving and forwanling and delivery of traffic upon and from the line of railway belonging

3 to or worked by such companies respectively, and the compa1 y shall not make or give undue or unreasonable preference r aLlvantagc to or in favour of any particular person or compan , or any particular description of traffic in any respect wh, t­ ::mcver, nor shall the company subject any particular pers n or company, or any particular description of traffic to a1 y undue or unreasonable prejudice or disadvantage whatsoevt r, and the said company shall afford all due and reasonable faci i­ ties for receiving and forwarding by its railways all the tra <~ arriving by such other railway or railways without any ur­ reasonable delay, and without any such prcf!'rcncc or advanta< e nr prejudice or disadvantage m; aforesaid, so that no obstmcti 1 is presPntcd to the public desirous of using such railway , s a continuous line of communication, and so that all rcasonab e aceommorlation by means of the railways of the several con - panicH is at all times afforded to the public in that bchal , anrl any agreement made br)twecn the company and any otlu r company or companies contrary to this agreement shall null antl void. 13.

The construction of the railway hereby authorized sha I be comnHmced within two years and shall be completed withi five years from the date of the coming into force of this Act. U.

The eompany shall also have power for the purpost· · of its umkrtaking to construct and operate electric powe · transmission lim·s and to construct along the line of the sait railway or transmission lines such tekgraph or telephone line. as may be convenient for the purpose of its undertaking aJH further shall have power to construct and maintain such bridgt\ as may be necessary or convenient for the use of the said rail way, not b~·ing bridgc•s ovN any navigable river or rivers unles. such bridge or bridges over Ruch navigable river or rivers ha. or haw been authorized by the Governor G<·neral in Council. 15.

The company shall also have power to acquire, construct, nmintain, operate and dispose of any public parks, places of amusenwnt and hotels, and t~ otherwiRc improve the sam!' .subjeet to any law in force in that behalf 16. T;w comp:tny Rhall also have the power to purchase, tl1ke on lcasr· or ot-herwise acquire and to hold, use and occupy any landi:i, buildings, ot· any interest therein, and to sull, lease or otherwise usc the s'1nw in any manner the company may th":n\ IWC()Ssary or convenient. 17.

The company shall also have power to purchase or acquire the shares, stock or any other securities whatsoever and to holcl, sell or othcriViRc diRpose of said shares, stock or otlwr sl'curitiP" in any other company having objects similar in whole or in part to those of the company, and to vote all shares so held through such agent or agents as the directors of the eompany may appoint. ~8 The company shall al:-;o have power to gencrak, procun·, ~ell and distribute elcct1·icity for power, light or domestic pur­ ::os •s, and for such pmposcs shall have power to eonstruct, acquire, operate and maintain such lands, water power site!:', buildings or ereetions aR arc m•cessary or con •cnient therefor.

And for the purposes of the powers conferred by this claust· the provisions of the Ordinance respecting water, gas, elect ie nnd telephone companies shall be deemed to be incorporate:·. v\ ith and be part of this Act and shall apply to the sairJ. eou:­ pmy.

No. 57 THIRD SESSION SECOND LEGISLATURE 2 GEORGE V 1911 BILL

An Act to Incorporate The Maharg Electric Railway Company. Received and read the Fimt time ................... . Second time ................. . Third time .................. . L. M. RoBERTS EDJ\10\'TON: JA~n;s E. RICHAnns, Government Printer 1\.D 1011 Title: 1911 (2nd, 3rd) Bill 57,

An Act to Incorporate The Maharg Electric Railway Company