(NEW WESTMINster and Port MOODY). culverts, draws, wharves, and other works, and the approaches thereto, and also for the establishment of stations and other works, and the approaches thereto, at the ends and along the course of the line, for the convenience of passengers, the reception of goods and the accommodation of the public. A.D. 1882. Provincial taxation. 14. The said Railway and all station grounds, workshops, build- certain exemptions from ings, yards, and other property, rolling stock and appurtenances required and used for the construction and working thereof, and the capital stock of the Company shall be free from Provincial taxation up to the First day of July, 1885. ages done by trains on 15. The Company shall not at any time after such gates, hand- Limits liability for damrails, and other fences, as are referred to in sections 61 and 68 of certain works being done. the Act referred to in the "Vancouver Island Railway Clauses Consolidation Act, 1863," as the principal Act, have been made, and during such time as the requirements of the said section shall be complied with, be liable for any damage which may be done by their trains or engines to cattle, horses, or other animals, unless wilfully done or occasioned by wilful negligence; and the said section 61 shall be read as if the words "other than a public carriage way" were not inserted therein. Land Clauses Consol. Act, 16. The "Vancouver Island Lands Clauses Consolidation Act, The "Vancouver Island 1863," as modified by the provisions hereafter contained, shall be 1863," to form part of read with and form part of this Act. this Act. Act and the "Vancouver island Railway Clauses Consol. Act, 1863," apply to the undertaking au thorized by this Act. 17. All such parts of the "Vancouver Island Railway Clauses What sections of the said Consolidation Act, 1863," and the Act therein referred to as the Principal Act, which refers to the depositing of plans, sections, and books of reference, and to the construction of the Railway according to such plans and sections, or over the land referred to in the book of reference, and sections 6, 7, 8 and 11 of the "Vancouver Island Railway Clauses Consolidation Act, 1863," and Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 23, 25, 26, 27, 28, 29, 46, 47, 49, 50, 51, 54, 57, 59, 77, 81, 82, 94, 95, 107, 114, 159, 161, 163, 164, and 165 of the Act referred to in the "Vancouver Island Railway Clauses Consolidation Act, 1863," as the Principal Act, shall not apply to the undertaking authorized by this Act, but the remainder thereof shall apply. 18. The following expressions, wherever appearing in the clauses Definition of terms. of the "Vancouver Island Land Clauses Consolidation Act, 1863," and the "Vancouver Island Railway Clauses Consolidation Act, 1863," incorporated with this Act, shall in the construction and for the purposes of this Act have the several meanings hereby assigned to them, that is to say: A.D. 1882. "Vancouver Island and its dependencies." "Governor." "Colonial Secretary.' "Treasury." "Supreme Court of Civil Justice.' "Board of Trade." "Court of Petty or Quarter Sessions." Short title. (NEW WESTMINSTER AND PORT MOODY). "Vancouver Island and its Dependencies" shall mean the Province of British Columbia. The "Governor" shall mean the Lieutenant-Governor or other officer for the time being administering the Government of the Province of British Columbia. The "Colonial Secretary" shall mean the Provincial Secretary. The "Treasury" shall mean the Treasury of the Province of British Columbia. The "Supreme Court of Civil Justice" shall mean the Supreme or any Superior Court of British Columbia. 19. Whenever in any of the clauses referred to in this Act the Board of Trade is mentioned, or Court of Petty or Quarter Sessions is referred to, in lieu thereof there shall be read: The Chief Commissioner of Lands and Works, for the Board of Trade; and the Supreme or any Superior Court of British Columbia or a Judge thereof, for the Court of Petty or Quarter Sessions, as the case may be. 20. This Act may be cited as "The New Westminster and Port Moody Railway Company Act, 1882." (ESQUIMALT AND SEYMOUR NARROWS). A.D. 1882. CHAP. 15. An Act to Incorporate "The Vancouver Land and Railway [21st April, 1882.] WHEREAS a Petition has been presented praying for the incor- Preamble. poration of a Company for the purpose of constructing and working a Railway from Esquimalt Harbour to Seymour Narrows, and for a grant of public lands in aid thereof. And, whereas, it is expedient to grant the prayer of the said Petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. Lewis M. Clement, of San Francisco, Chief Engineer of the Incorporation. Atlantic and Pacific Railroad Company; Dennis Jordan, of San Francisco, Architect ; A. J. Rhodes, of Candelaria, Nevada, Capitalist; William Raymond Clarke, of Victoria, Auctioneer; John Herbert Turner, of Victoria, Merchant; Thomas Earle, of Victoria, Merchant, and such other persons and corporations, as shall in pursuance of this Act become shareholders, are hereby constituted a body corporate and politic, by the name of "The Vancouver Land and Railway Company" (hereinafter called the Company). 2. The Capital Stock of the Company shall be four million Capital stock $4,000,000. dollars, divided into four thousand shares of one thousand dollars each, which shall be applied first to the payment of all costs and expenses incurred in obtaining the passing of this Act, and the remainder for the purpose of the Company's undertaking. 3. The persons named in the first section of this Act shall be and Provisional Directors. are hereby constituted Provisional Directors of the Company, of whom five shall form a quorum for the transaction of business; and they shall hold office until the first election of Directors under this A.D. 1882. Head Office. First general meeting of shareholders. Annual meetings. Power to borrow money. Tolls, how fixed and regulated. Gives power to construct to Seymour Narrows. (ESQUIMALT AND SEYMOUR NARROWS).) Act, and shall have power to open stock books and procure subscriptions of stock for the undertaking. 4. The office of the Company shall be at the City of Victoria. 5. The first general meeting of Shareholders shall be held upon two weeks' notice being given at such time as the Directors shall specify therein. 6. The subsequent annual general meetings of Shareholders shall be held as may be determined by the By-Laws of the Company. 7. The Company shall be entitled to borrow money on mortgage or bond. 8. Tolls shall be from time to time fixed and regulated by the By-Laws of the Company, or by the Directors, if thereunto authorized by the By-Laws or by the Shareholders at any general meeting, and may be demanded and received for all passengers and goods transported upon the Railway, and shall be paid to such persons and at such places near to the Railway, in such manner and under such regulations as the By-Laws direct. 9. The Company shall lay out, construct, acquire, equip, maintain railway from Esquimalt and work a continuous line of Railway, with double or single track of iron or steel, and uniform gauge of four feet eight and one-half inches, from a point on Esquimalt Harbour to a point on Seymour Narrows. When survey to be commenced. Ten miles between Esqui completed by 1st July, 1883. Twenty miles by July, 1884. 10. The survey of the said Railway shall be commenced within 60 days after the Government of British Columbia shall have notified the Company that the Government are prepared to set apart and reserve to the Company the lands hereinafter mentioned. 11. Not less than ten miles of that portion of the said Railway malt and Nanaimo to be between Esquimalt and Nanaimo shall be completely constructed, equipped, and in running order on or before the first day of July, 1883, and not less than twenty miles thereof on or before the first day of July, 1884, and not less than thirty miles thereof on or before the first day of July, 1885, and the balance of the said portion on or before the first day of July, 1886. Thirty miles by July, 1885. Balance by July, 1886. Fifty miles between Na rows to be completed by July, 1888. 12. Not less than fifty miles of that portion of the said Railway naimo and Seymour Nar- between Nanaimo and Seymour Narrows shall be completely constructed on or before the first day of July, 1888, and the balance of that portion of the said Railway shall be completely constructed and equipped on or before the first day of July, 1890. Balance by July 1890. Power to extend line to 13. The Company shall have power to extend and continue the said Railway from Esquimalt Harbour to the City of Victoria. Victoria. (ESQUIMALT AND SEYMOUR NARROWS). A.D. 1882. Lands may be taken, railway purposes. 14. The Company may take, purchase, hold and occupy such lands as may be deemed necessary or convenient for the construction purchased, &c., for or maintenance of the Railway, and for the establishment of all proper sheds and warehouses, sidings, embankments, bridges, culverts, draws, and other works, and the approaches thereto, and also for the establishment of stations and other works, and the approaches thereto, at the ends and along the course of the line for the convenience of passengers, the reception of goods and the accommodation of the public. 15. The Railway constructed under the terms hereof shall be the The railway to be the property of the company. property of the Company. ages done by trains on 16. The Company shall not at any time after such gates, hand Limits liability for damrails, and other fences, as are referred to in Sections 61 and 68 of certain works being done. the Act referred to in the "Vancouver Island Railway Clauses Consolidation Act, 1863," as the principal Act, have been made, and during such time as the requirements of the said section shall be complied with, be liable for any damage which may be done by their trains or engines to cattle, horses, or other animals, unless wilfully done or occasioned by wilful negligence; and the said Section 61 shall be read as if the words "other than a public carriage way" were not inserted therein. 17. Within ten days or such further time not exceeding three weeks as the Lieutenant-Governor in Council may order after the passing of this Act, the Company shall deposit with some bank in Victoria the sum of ten thousand dollars to the credit of the Government of British Columbia, there to remain until the Company shall have given security to the satisfaction of the Government of British Columbia to the extent of two hundred and fifty thousand dollars, for the due completion of the said Railway in accordance with the terms of this Act: Provided that if the security aforesaid is not given within sixty days from the repeal by the Legislature of this Province of the "Esquimalt and Nanaimo Railway Act, 1875." the said sum of ten thousand dollars shall be forfeited to the Government of British Columbia and the provisions of this Act shall be null and void. Company to deposit after the passing of this given to the Government The above mentioned security of $250,000 shall be given to the $250,000 security to be Government of British Columbia and shall remain deposited with of British Columbia. the Government as security for the due commencement, construction, completion and equipment of the said Railway by the Company under the terms and conditions of this Act; and if, in the opinion of the Lieutenant-Governor in Council, default be made by the Company in the due fulfillment of the several conditions of the Act respecting the commencement, construction, completion and |
