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oil, repair, and put in order such cars of the party of the second part as may be disabled while running over the said joint section, and it is mutually agreed between the parties hereto that such expenses as may be incurred by the said first party for such labour and material furnished in such oiling and repairs shall be settled and paid for by the second party according to such general rules and customs as shall prevail at the time among the railroads of the United States, as far as regards prices only, it being understood that the rules and customs appertaining to cars exchanged between railroads generally do not apply to the vehicles running over the said joint section under this agreement.

TWENTY-SEVENTH. If it should be found in practice that any right or interest of either party has not been fully protected or provided for by this agreement in accordance with its object and intent, then both parties shall negotiate with fairness and candour a new and other clause to obviate the injustice or difficulty.

TWENTY-EIGHTH.- Any difference that may arise under this contract either as to its construction or as to any violation of duty under it by either party, or as to any matter or thing not herein provided for, may, it it cannot be amicably adjusted by the parties hereto, be by either party submitted to arbitration in the following manner: each of the parties hereto shall appoint an arbitrator or referee a disinterested person skilled in railroad matters, and in case of either party failing to appoint such a referee within ten days after written notice of the intention to refer, then the party not in default may select both referees and the two so appointed or selected shall select a third and their award or the award of a majority of them shall, after due notice to all parties of the time and place of hearing the matter referred and hearing the party or parties that may attend, be final and binding on both parties to this contract and they expressly agree to abide thereby, and in case the two referees first appointed fail to appoint a third within ten days after they have both been appointed then a third referee may be appointed by a judge of the High Court of Justice for Ontario on application of either party after eight days' notice to the other party.

TWENTY-NINTH.—It is further agreed by and between the parties that if any disagreement shall arise as to the speed or time of trains the matter shall be submitted to arbitrators in the manner provided for above, and the time schedules in effect at the time such disagreement shall arise shall remain in full force until the decision of the arbitrators, and such decision shall be binding on both parties to this contract.

THIRTIETH.— Pending the settlement of the matter submitted for arbitration each party shall continue to carry on its business in the regular manner, and the standing and conduct of either party towards the other shall in no way be affected by the matter in controversy.

THIRTY-FIRST.–Either of the parties hereto will from time to time and whenever requested by the other of them so to do, join in any application that either of them may consider necessary or expedient to make to the Parliament of Canada, the Governor General in Council, or the Railway Committee of the Privy Council of Canada for any enactment, declaration, confirmation, authority, approval, or sanction, for the purpose of validating this agreement or any of the provisions thereof or of giving effect thereto.

In witness whereof the parties have hereunto caused their corporate seals to be affixed and the hands of their respective officials below named.



Per Chas. M. HAYS,

General Manager. E. H. FITZIUGH.





OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's

most Excellent Majesty.


An Act to incorporate the Hudson's Bay and Pacific

Railway Company.

(Assented to 5th October, 1896.] THEREAS a petition has been presented praying for the Preambla

incorporation of a company to construct and operate a railway as hereinafter set forth, and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows :


1. Admiral Albert Hastings Markham, Captain Edmund IncorporaBourke, R.N., Col. Josiah Harris and John Weston, all of Lon- tion. don, England, James Reid Stewart and James Reid, both of Glasgow, Scotland, G. H. Massy and James Cochrane, both of Montreal, John Ross, of Niagara Falls, Wesley Fletcher Orr, of Calgary, and Simon J. Dawson, of Port Arthur, together with such persons as become shareholders in the company hereby incorporated, are hereby constituted a body corporate under Corporate the name of “The Hudson's Bay and Pacific Railway Com- name. pany,” hereinafter called “ the Company.”

2. The undertaking of the Company is hereby declared to Declaratory. be a work for the general advantage of Canada.

3. The head office of the Company shall be in the city of Head office. Ottawa, or in such other place in Canada as the directors from time to time determine by by-law.

4. The Company may lay out, construct and operate by Line of railelectricity or steam power, or both, a railway, of the gauge of way describfour feet eight and one-half inches, from a point at or near Port Churchill on Hudson's Bay, through the territory north of the Churchill River to deep water at or near Fond du Lac, on Lake Athabasca, and from Port Churchill aforesaid, on Hudson's Bay, through the territory north of the Nelson River, to a point at or near the north-west end of Lake Winnipeg; thence through the territory of Saskatchewan to Prince Albert

in the said territory, thence continuing through the said territory and the territory of Alberta by the most practicable route to Calgary in the last mentioned territory; and may also lay out, construct and operate a branch line from a point on the said railway near Manitou Lake in the territory of Saskatchewan to Edmonton in the territory of Alberta.



5. The Company may construct, purchase or otherwise acquire, charter, control, navigate and keep in repair steamers and other vessels to ply between ports on its line of railway, and between such ports and ports outside of Canada, and carry and convey passengers and freight, and carry on a general transportation service in connection with the said railway, and may sell or otherwise dispose of such vessels, and may for such purposes construct, acquire by agreement, take on lease or hire, or contract for the use of elevators, warehouses, wharfs, quays and docks.

Elevators, docks, etc.

Steam and 6. The Company may acquire and utilize water and steam water power for electricity. power for the purpose of generating electricity for lighting

and motor purposes, in connection with its railway or its bridges, docks, wharfs, elevators and warehouses.

Telegraph and telephone lines.

7. The Company may construct, equip, work and maintain a telegraph line and telephone lines along the whole length of its railway and branches, and may establish offices for the transmission of messages for the public, and collect tolls for so doing; and for the purposes of erecting and working such telegraph and telephone lines, the Company may enter into a contract with any other company, or may lease the lines of such company or any portion thereof.

Company may 8. With the consent of the municipal council or other auenter on parle thority having jurisdiction over the roads and streets of any , etc.

city, town, municipality or district, the Company may, by its servants, agents or workmen, enter upon any public road, highway, street, bridge, watercourse, navigable or non-navigable water or other such places, in any city, incorporated town, village, county, municipality, district, or other place, for the purpose of constructing, erecting, equipping, working and maintaining its lines of telegraph and telephone, and lines for

the conveyance of electric power upon, along, across, over and Erect poles. under the same; and may erect, equip, and maintain such and

so many poles or other works and devices as the Company deems necessary for making, completing and supporting, using,

working and maintaining the system of communication by teleStretch wires. graph and telephone and for supplying power; and may stretch

wires and other electrical contrivances thereon; and, as often as the Company, its agents, officers or workmen think proper, may break up and open any part whatsoever of the said public roads, highways, streets, bridges, watercourses, navigable and

Break up


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