thing authorized to be done under this Act by the Governor, may be done by him under an Order in Council; and any agreement made by the Government with any railway company, may be made with a majority of the directors de facto of such company, Government, and being certified as so made, by the signature of the President de facto of the company, shall be held to be made by the company and, have effect accordingly.

Agreements with the

Preamble.

CAP. LXXII.

An Act to incorporate the Inter-oceanic Railway Company of Canada.

W

[Assented to 14th June, 1872.]

THEREAS, by the terms and conditions of the union of British Columbia with Canada, the Government of Canada agreed to secure the commencement simultaneously within two years from the date of the union, of the construction of a railway from the Pacific Ocean towards the Rocky Mountains, and from such point as might be selected east of the Rocky Mountains towards the Pacific Ocean, to connect with the railway system of Canada; and further to secure the completion of the said railway within ten years from the date of the union;

And whereas the Parliament of Canada, passed a resolution declaring that the said railway should be constructed and worked by private enterprise, and not by the Government of Canada; and that public aid should be given to secure the completion of such railway, to consist of liberal grants of lands, and subsidies in money, or other aid, as the Parliament of Canada might determine;

And whereas it is highly expedient that a great national Interoceanic Railway, aided and subsidized by Parliament, should be managed, controlled and worked in the interest of the Dominion, and as far as possible, by persons who are residents of Canada and subjects of Her Majesty;

And whereas the persons hereinafter mentioned, residents of Canada, and subjects of Her Majesty, are desirous of associating themselves together as a company for the purpose of constructing the said railway; and, by their petition, have prayed to be incorporated and invested with such powers as may enable them effectually to carry out the undertaking; and it is expedient to grant their prayer:

Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Honorables D. L. Macpherson, William McMaster, Frank Incorporation. Smith, George W. Allan, Joseph Edouard Cauchon, Thomas Ryan, David E. Price, John McMurrich, . W. Cumberland, Esquire, The Honorables John Simpson, James Macdonald, Clement Francis Cornwall, C. S. Gzowski, Esquire, The Honorable John Carling, H. S. Howland, Esquire, Noah Barnhart, Esquire, John Crawford, M.P., Robert A. Harrison, M.P., John Turner, Esquire, Thomas N. Gibbs, M. P., Alexander P. Fulton, Esquire, The Honorable J. B. Robinson, Angus Morrison, M.P., The Honorable James Skead, A. Walsh, M.P., George P. Ridout, Esquire, William Thomson, Esquire, Robert Hay, Esquire, J. C. Hespeler, Esquire, George H. Simard, Adolphe Tourangeau, David Torrance, John Thomas Molson, Andrew Thomson, John Molson, John Starr, Thomas Kenny, M. H. Gault, Joseph Mackay, William Elliot, Esquires, Lewis Moflat, Esquire, John Macdonald, Esquire, William Fraser, Esquire, George Laidlaw, Esquire, Thomas C. Chisholm, Esquire, Francis Shanly, Esquire, John Boyd, Esquire, W. H. Cochrane, Esquire, R. W. Elliot, Esquire, The Honorables Thomas R. Jones, W. A. Henry, W. B. Vail, William Muirhead, D. McDonald, Walter Shanly, M. P., William Gooderham, Esquire, Edward N. Harris, Esquire, John Birrell, Esquire, Adam Brown, Esquire, Thomas Dick, Esquire, John Shedden, Esquire, D. D. Calvin, Esquire, John Robertson, Esquire, C. H. Fairweather, Esquire, Stephen J. King, Esquire, James Domville, Esquire, J. Spencer Thompson, M. P., Isaac Burpee, Esquire, A. Jardine, Esquire, William W. Turnbull, Esquire, J. C. Binney, Esquire, A. De Cosmos, M. P., Alexander Rocke Robertson, Esquire, The Honorable George Anthony Walkem, J. Israel Wood Powell, Esquire, M. W. I. Drake, Esquire, Edwin Russell, Esquire, Robert Wallace, M. P., Thomas Scatcherd, M. P., William Gooderham, Junr., Esquire, Jas. G. Worts, Esquire, Wm. H. Howland, Esquire, John Walker, Esquire, John Gordon, Esquire, A. R. McMaster, Esquire, C. J. Campbell, Esquire, A. P. Green Dodge, Esquire, James Michie, Esquire, W. H. Gibbs, Esquire, Jos. D. Ridout, Esquire, W. McGiverin, Esquire, David Thompson, M. P,, D. A. Macdonald, M. P., John Pickard, M. P., J. L. Blois Deveber, Esquire, J. Walter Scrammel, Esquire, William Elder, Esquire, Alexander Gibson, Esquire, John Gibson, Esquire, Thomas Temple, Esquire, A. J. Randolph, Esquire, W. Townsend, Esquire, S. S. Hall, Esquire, Thomas Temple, Esquire, Robert Robertson, Esquire, James Raymour, Esquire, or any of them, together with all such persons as shall become shareholders of the company hereinafter mentioned, shall be and are hereby ordained, constituted and declared to be a body corporate and politic in fact, and by the name, style and title of the "Inter- Corpora oceanic Railway Company of Canada ;" and, by that name, they and name and their successors shall and may have continued succession; and powers. be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever: and they and their successors may and shall have a common seal, and

may

general

Railway Act to apply.

Lines of

company.

&c.

may change and alter the same at their will and pleasure: and also they and their successors, by the same name of the "Inter-oceanic Railway Company of Canada" shall be in law capable of taking, purchasing and holding to them and their successors, any estate, real, personal or mixed, to and for the use of the said Company, and of letting, selling, conveying or otherwise departing therewith, for the benefit and on the account of the said Company, from time to time as they shall deem expedient or necessary.

2. "The Railway Act, 1868," so far as the provisions contained therein are applicable to the undertaking authorized by this Act, and in so far as they are not inconsistent with or contrary to the provisions of this Act, are hereby incorporated with this Act

3. The said company, and their agents and servants, may lay railway and works of the out, construct, equip, maintain and work a continuous double or single track iron or steel railway, of such width or gauge as may be directed by any Act of the present session, and also a telegraph line throughout the entire length of the said railway, with the proper appurtenances, from a point at or near Lake Nipissing, in the Province of Ontario, to the waters of the Pacific Ocean, in the Province of British Columbia; with power to extend the said railway to Victoria or Nanaimo, or some other point in Vancouver Island, and along or across the said island to Barclay Sound, or to such other point on the coast of said island as may be Branches to St. found expedient; and to construct branch lines from the main Mary's River, line, to the River St. Mary, at some point between Lake Huron and Lake Superior, and from the main line to some point on Neepigon Bay or Thunder Bay, and from or near Winnipeg River to the Lake of the Woods, and from Fort Garry or Winnipeg to Pembina, or to any other point on the south boundary line of the Province of Manitoba, and from any point on the main line in British Columbia to any point on the boundary line of that Province, so as to connect with the railway system of the United States of America; and to construct a railway bridge across the said River St. Mary, and across Johnson's Straits. The said company shall also have power and authority to build, own and operate steam and other vessels in all Canadian lakes, rivers and waters lying between Lake Nipissing and the Pacific Ocean and on the waters of the Pacific Ocean, and to build wharves and harbors thereon, and shall be entitled to charge fares and freight for passengers and goods carried on board such vessels.

Bridges.

Owning vessels.

Line to be

4. The course and line of the said railway, and the termin approved by thereof shall be fixed and determined by the Company, subject to the approval of the Governor in Council.

Governor in
Council.

Materials from public lands, and extra width of lands.

5. It shall be lawful for the Company to take from any public lands adjacent to or near the line of the said railway, all stone, timber, gravel and other materials which may be necessary or useful for the construction of the railway; and also to lay out, and appropriate to the use of the Company, a greater extent of lands,

for

for stations, depôts, workshops, buildings, side-tracks, wharves, harbours and roadway, and for establishing screens against snow, than the breadth and quantity mentioned in "The Railway Act, 1868," but such land shall only be taken by the Company, under grant of the Governor in Council as hereinafter provided.

Proviso.

company.

6. The buildings, right of way, permanent way, rolling As to taxation stock and earnings of the Company, and all property thereof, on property of except the land granted or to be granted by any government in aid of the said railway, shall be exempt from taxation in any Province hereafter to be constituted from the territory of the Dominion for fifty years after the completion of the said railway, under any law, ordinance or by-law of any provincial, local or municipal authority, to any other or greater extent than if the same were the property of the Dominion,-the said railway being in fact a public work constructed mainly at the expense of the Dominion for the benefit of all the Provinces thereof.

7. And as respects the said railway, the eighth section of "The Railway Act Railway Act, 1868," relating to Plans and Surveys, shall be sub- altered as to ject to the following provisions :

It shall be sufficient that the map or plan and book of reference. for any portion of the main line, or of any supplemental line of the said railway, not being within any district or county for which there is then a Clerk of the Peace, be deposited in the office of the Minister of Public Works of Canada, and any omission, misstatement or erroneous description of any lands therein may be corrected by the Company, with the consent of the Minister and certified by him; and the Company may then make the railway in accordance with such certified correction:

The eleventh sub-section of the said eighth section of the Railway Act shall not apply to any portion of the railway passing over ungranted lands of the Crown, or lands not within any surveyed township in any Province; and in such places deviations not exceeding twenty-five miles from the line shown on the deposited map or plan, shall be allowed without any formal correction or certificate; and any further deviation that maybe found expedient may be authorized by order of the Governor in Council; and the Company may then make their railway in accordance with such authorized deviation:

The map or plan and book of reference made and deposited in accordance with this section, shall avail as if made and deposited as required by the said " Railway Act, 1868," for all the purposes of the said Act, and of this Act: and any copy of, or extract therefrom, certified by the said Minister or his deputy, shall be received as evidence in any court of law in Canada:

It shall be sufficient that a map or profile of any part of the completed railway, which shall not lie within any county or district having a registry office, be filed in the office of the said Minister of Public Works:

The

plans and surveys.

Governor may

way.

The Company may, in making the map or plan of any portion of their railway, adopt and use for the purposes of this Act, that survey and plan of such part made by the Government of Canada in the years one thousand eight hundred and seventyone and one thousand eight hundred and seventy-two, and the levels and other particulars ascertained by such survey, without making any new survey and plan of such portion:

The Governor in Council, may in his discretion, grant to the grant right of said Company the right of way (of such width as he may think fit) over any unimproved lands of the Dominion, or any lands required for stations or other necessary purposes of the Company, in the Province of Manitoba or British Columbia, or in the North West Territories.

Aid to the company by grants of lands.

from Govern

conditions to be agreed

upon.

8. It shall be lawful for the Company to take, receive and hold a grant or grants of public lands, along the line of railway, and also in the territories of the Dominion, or from the Government of any Province, or from any municipality in Canada, in aid of the construction of the railway, and to survey and subdivide the same in such manner as they shall see fit, and to lease, mortgage, sell or grant the said lands or any part thereof, upon such terms and conditions, and for such price in money, bonds, stock of the Company or other securities, as the Directors of the Company may from time to time determine, subject to any agreement which may be made between the Company and the Government of Canada, or any Provincial Government, or any municipality in Canada, respecting the said grant or grants of land.

Company may 9. It shall be lawful for the Company to accept and receive receive grants from the Government of Canada, or from the Government of ment. &c., on any Province, or from any municipality in Canada, a subsidy or aid in money or bonds, or securities, payable in such manner, at such times, on such conditions, and at such places in Canada or elsewhere as may be agreed upon between the Company and the Government of Canada, or the Government of any Province, or any municipality in Canada, or as may be prescribed and directed by any Act of Parliament authorizing the Government to grant a subsidy, or as may be provided in any agreement between the Company and the Government, which may be lawfully made respecting the said subsidy; and the provisions of any Public Act passed during the present session, respecting the Canadian Pacific Railway, shall apply to this Act, and to the railway thereby authorized to be constructed in so far as shall be necessary to enable the Company to make any such agreement with the Government of Canada as shall be authorized by such Act, and to carry out and perform all the terms and conditions of such agreement, and all the provisions, terms, and conditions contained in the said Act, in so far as they apply to the said railway, either in its construction or working. And the said Company and the Board of Directors thereof for the time being whether provisional or elected, are hereby

authorized