Lay tracks and run cars the power of the Niagara River utilize the same as hereinafter provided; and may also construct, maintain and operate upon bridge. a railway track or tracks upon the bridge aforesaid for the passage of engines, cars and street cars operated by any power, and may construct a railway track or tracks not exceeding six miles in length of standard gauge as approaches to the said bridge, and may work trains, cars and street cars upon the said approaches and across the said bridge by any motive power, and connect the same with other railways; but the Company shall not commence the actual construction of the said bridge nor exercise any of the powers hereunder (save as hereinafter set forth) until an Act of the Congress of the United States or an Act of the Legislature of the said state of New York has been passed authorizing or approving the bridging of the said river, but the Company may in the meantime acquire the lands, submit its plans to the Governor in Council, and do all other things authorized by this Act. Proviso: May acquire lands. Tolls. Governor in 4. The rate of tolls to be charged for the passage of foot passengers, street cars, carriages and other vehicles shall, beApproval by fore being imposed, first be submitted to, and approved of, and may be from time to time amended or modified by the Governor in Council, but the Company may at any time reduce the same, and a notice showing the tolls to be charged shall at all times be posted up in a conspicuous place on the said bridge. Council. Notice of tolls. Head office. Union or agreement. company. 5. The head office of the Company shall be at the village of Fort Erie in the county of Welland. 6. The Company may, with the approval of two-thirds of with another the votes of the shareholders at a special general meeting 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 after obtaining the sanction of the Governor in Council in the manner provided in section two hundred and thirty-nine of The Railway Act, and subject to the provisions contained in this Act With a United States Company. With a Canadian com pany. (a.) unite with any other company incorporated in and under the laws of the said state of New York or of the United States, in building said bridge and approaches, and in working, maintaining and using the same, and may enter into any agreement with such company respecting the construction, maintenance, management and use of said bridge and its approaches and appurtenances; (b.) unite with any other company incorporated under the laws of Canada or the province of Ontario, or with any body corporate, in building said bridge and approaches, and in maintaining, working, managing and using the same, and may enter into any agreement with such company or corporation. respecting the construction, maintenance, management and use thereof. 7. So soon as the bridge is completed and ready for traffic Equal rights all trains of all railways and all street railways connecting all railway of passage to with the same either in Canada or the United States, now trains. constructed or hereafter to be constructed, and also the trains and cars of all companies whose lines connect with the line of any company so connecting with the said bridge and approaches, shall have and be entitled to the same and equal rights and privileges in the passage of the said bridge, so that no discrimination or preference in the passage of the said bridge and approaches, or in tariff rates for transportation, shall be made in favour of or against any railway whose business or trains pass over the said bridge. railway com 8. In case of any disagreement as to the rights of any rail- Disagreeway company whose business or trains pass over the said ments with bridge, or as to the tariff rates to be charged in respect there- panies. of, the same shall be determined by the Railway Committee of the Privy Council as provided in The Railway Act. directors. 9. The said Honourable Richard Harcourt, Thomas Dalziel Provisional Cowper, Alonzo C. Mather, Thomas Flett and Samuel Lount are hereby constituted provisional directors of the Company. 10. The capital stock of the Company shall be two millions Capital stock of dollars, and may be called up by the directors from time to and calls time as they deem necessary, but no one call shall exceed ten per cent on the shares subscribed. thereon. 11. The annual meeting of the shareholders shall be held on Annual the first Monday in September in each year. meeting. 12. At such meeting the subscribers for the capital stock Number of assembled who have paid all calls due on their shares shall directors. choose five persons to be directors of the Company, one or more of whom may be paid directors. spans to inter 13. The Company may construct and maintain a span or Company spans (which may, as herein provided, be continued to make may construct a bridge over the said river) to the international boundary line national bounin the said river at a point at or near the village of Fort Erie dary. aforesaid, in such manner as not to interfere with navigation, and, for the purpose of developing, controlling and utilizing the power of the Niagara River, may construct, erect and maintain Utilize river under such of the said spans as the Governor in Council power. approves of, as hereinafter provided, a water wheel or wheels not more than two hundred feet in length and forty feet in diameter to be worked and operated by the waters of the said Generate other power. river, and may lay and maintain along, upon or under the said electricity and bridge, and the span or spans, wires, cables and all other machinery and appliances for the generation and transmission of electricity and other motive power, and may enter into contracts with any persons or company for the use of the same. Time for commencement and comple 14. The Company shall not commence the said bridge or the span or spans, or any work thereunto appertaining, until it has first satisfied the Governor in Council that the bridge or span or spans or any work thereunto appertaining will not unduly interfere with navigation, nor until it has submitted to the Governor in Council plans of such bridge and spans and of all intended work thereunto appertaining, nor until the plans and site of such bridge, and of such span or spans have been approved by the Governor in Council, and such conditions as he thinks fit for the public good to impose touching the said bridge, spans and works have been complied with, and such conditions shall also set forth the means by which, and the extent to which, the waters of the said river may be utilized for power purposes, nor shall any such plans be altered or any deviation therefrom allowed except with the permission of the Governor in Council, and upon such conditions as he imposes provided always that from sunset to sunrise during the season of navigation suitable lights shall be maintained upon the said bridge and spans to guide vessels approaching the same. 15. The privileges hereby conferred and the lawful use and enjoyment thereof shall always be subject to such conditions as the Governor in Council may from time to time impose, including among others the payment of an annual rental or percentage of gross receipts for such privileges. 16. The Company may issue bonds, debentures or other securities to an amount not exceeding two million dollars in aid of the constructions herein mentioned, and such bonds. shall be secured by deed of mortgage, and such mortgage may contain provisions that all tolls and revenues derived from the use of such bridge by other corporations or persons shall be specially charged and pledged as security for such bonds, and may also provide that the Company shall pay to the trustees of such mortgage similar rates and tolls to those fixed for the use of the bridge by similar corporations-which rates and tolls shall also be charged as security for such bonds. 17. The work hereby authorized shall be commenced within two years after the Executive of the United States has contion limited. sented to and approved such bridging, and be completed within five years thereafter, otherwise the powers granted under this Act shall cease and be null and void as respects so much of the undertaking as then remains uncompleted; pro sent limited. vided however that if such consent is not obtained within five Time for obyears after the passing of this Act, then the powers granted for taining con the construction of the works herein authorized shall cease and be null and void. United 18. In case the state of New York or the United States at Joint commisany time provide for the appointment of a commission for sion with regulating the working of the bridge, the use thereof and the States. compensation to be made therefor, and for settling any dispute in respect thereof, the Governor in Council may join in the appointment to the said commission on such terms as he thinks proper, and appoint one or more persons as members thereof, and the decisions of the said commission shall first be submitted to the Governor in Council, and, if approved, shall thereafter be final and conclusive to the extent to which the same are final and conclusive by virtue of the provisions made by the state of New York or the United States. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |