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An Act to confirm an Agrecment made between the
Canadian Pacific Railway Company and the Hull
(Assented to 29th June, 1897.) JHEREAS the Canadian Pacific Railway Company has, by Preamble. ment with the Hull Electric Company set out in the schedule hereto, and has prayed for an Act to confirm the said agreement, 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. The agreement between the Hull Electric Company and Agreement the Canadian Pacific Railway Company, a copy of which is confirmed. contained in the schedule hereto, is hereby confirmed and declared to be legal and binding upon the respective parties thereto, and each of them may do whatever is necessary in order to give effect to the substance and intention thereof : Provided that nothing in the said agreement or in the lease to Proviso. be made in pursuance of it shall oblige the Hull Electric Company to exercise over the transportation of either freight or passengers a control which the Canadian Pacific Railway Company itself could not legally exercise if it continued to operate on its own account the railway which is the subject of the said agreement; and provided further that nothing in the said agreement, or in the lease to be made in pursuance of it, shall in any way affect or diminish such rights as the city of IIull now has in respect of regulating or controlling either freight or passenger traffic on any of its streets.
SCHEDULE. This INDENTURE made the sixteenth day of March, A.D. 1896, between THE CANADIAN PACIFIC RAILWAY COMPANY, hereinafter called “The C.P.R.” of the one part, and The HULL ELECTRIC COMPANY, hereinafter called “ The Electric Company” of the other part,
WITNESSETH that the parties hereto do hereby respectively covenant the one with the other as follows:
It being intended that the C.P.R. will demise to the Electric Company the railway of the C.P.R. between Aylmer and the point at which it joins the C.P.R.'s main line near Full, in the province of Quebec, about nine miles in length as hereinafter mentioned, hereinafter called "the said railway."
The Electric Company covenants that it will forthwith after the execution of these presents begin and thenceforward will continue to equip the said railway and its appurtenances so that the same can be conveniently and efficiently operated by electricity, and will complete such equipment on or before the first day of July next, time being of the essence of the contract, and that in doing so all work shall be so managed and all material so furnished and handled by the Electric Company as not to interfere with the convenient operation of the said railway by the C.P.R. either for freight or passenger traffic or any other business until the day when the use of steam power on the said railway can be abandoned and the traffic thereon efficiently handled by the Electric Company; the character of the equipment, including power installations, passenger cars electric motors, locomotives and all other matters to be furnished and completed according to specifications hereto attached as schedule "A."
The C.P.R. covenants that as soon as the said railway and its appurtenances are so equipped as aforesaid it will join with the Electric Company in executing the lease thereof to the Electric Company hereinafter more particularly described and will, in pursuance of such lease, deliver over to the Electric Company possession and control of the said railway in pursuance of the terms of the said lease.
The said lease shall contain covenants and provisions to the following effect :
The demise shall be for the term of thirty-five (35) years, terminable as hereinafter mentioned, which period is hereinafter referred to as “the said term.”
The rent shall be five thousand dollars per annum, payable quarterly, without deduction on any ground whatsoever.
The Electric Company shall pay all taxes and other impositions in respect of the said railway and its appurtenances during the said term whether imposed for provincial, municipal or school purposes or any other purpose whatsoever.
During the said term the Electric Company will at all times make the arrangements hereinafter described as profitable to the C. P. R. as can be accomplished by handling and carrying on the business of the said railway as an electric railway with efficiency and despatch.
The passenger business shall be carried in the cars of the Electric Company, and the freight business in the freight cars belonging to the C.P.R. or other railway companies, excepting freight business between local stations on the said railway for which the Electric Company shall furnish such freight cars as may be best adapted to the work.
All freight, passenger and express business originating on or passing over the said railway destined to points reached by the C.P.R.’s line or its connections, shall be handed to the C.P.R. at Hull station, and all passenger or freight business from the C.P.R. destined to points on or reached via the said railway shall be handed to the Electric Company at Hull station.
All empty freight cars required for the traffic from or over the said railway shall be hauled free from Hull to the point, or points, where the car or cars may be required.
The local earnings, that is, the earnings on all passenger or freight traffic between stations on the said railway shall belong to the Electric Company.
The through passenger or freight earnings, that is, the earnings on traffic between any point on the C.P.R.'s line or its connections, and any point on or reached via the said railway, shall be divided between the Electric Company and the C.P.R. in the proportion which the mileage of the said railway bears to the whole mileage over which the traffic was carried from point of origin to destination.
The C.P.R. shall have the right to quote rates for traffic of every description to or from any point on or reached via the said railway as if the said railway were operated and controlled by the C.P.R., but the Electric Company shall not have the right to quote rates to or from any point on or reached by the C.P R. without the approval, in writing, of the C.P.R.’s duly authorized traffic officers.
The Electric Company shall run passenger trains to connect with all of the regular passenger trains of the C.P.R. that are scheduled to stop at Hull station.
The Electric Company shall construct spur tracks from the sidings, or yard, of the Č.P.R. at Hull, to Gilmour's Mills and Eddy & Company's mills and factory at Ilull, and shall perform the service of switching empty and loaded cars between the above mentioned mills and the C.P.R.'s siding at Hull station. As compensation for that service the C.P.R. shall pay the Electric Company one dollar ($1) for each loaded car and fifty cents (50c.) for each empty car switched.
During the said term the Electric Company shall keep the said railway in good repair and at the expiry of the lease shall transfer the same to the C.P.R. with its tracks, buildings and appurtenances in as good condition as they were received.
The Electric Company will protect and indemnify the C.P.R. against every loss, damage or claim which may arise in consequence of the working of the said railway under the lease and shall do and perform all the acts, conditions, matters and things which the C.P.R. is bound to do and perform in respect of the said railway and the Government of Canada.
The Electric Company will bear and pay all expenses incurred in doing and performing all such acts, matters and things as are now or may hereafter be required for the maintenance and operation of the said railway in conformity with the laws of the Dominion of Canada.
The Electric Company will not transfer or set over or otherwise by any act or deed procure the said railway or any part thereof or the lease or any interest acquired by virtue of it to be assigned, transferred or set over or sub-let to any person or persons whomsoever or to any corporation whatsoever without the consent in writing of the C.P.R. or its successors or assigns first had or obtained.
And the Electric Company will during the said term provide and efficiently use on the said railway the property, equipment motive power and apparatus described in the said schedule.
A failure to fulfil any of the above covenants on the part of the Electric Company shall ipso facto terminate this agreement and the said lease if it shall have been executed, and thereupon without delay or process of law, the C.P.R. may at its option take possession of the said railway (surrendering to the Electric Company the electric equipment and appurtenances) and thereafter hold it and operate it as its own property without any right on the part of the Electric Company on that account to claim any compensation revenue or consideration of any description.
The above clauses of this agreement are to take effect as soon as it receives the consent and approval requisite to make it legally valid.
Witness the corporate seal of each of the parties and the signatures of its officials below named.
THE CANADIAN PACIFIC RAILWAY COMPANY.
T. G. SHAUGHNESSY,
Vice-president. C. DRINKWATER,
THE HULL ELECTRIC COMPANY.
(Referred to in Agreement.)
The Hull Electric Company shall provide at Deschênes Mills, or at some other point on the leased section, the necessary power house, power and plant for producing eight hundred and fifty (850) horse-power, or as much more as may be required to efficiently handle the traffic on the leased section.
They will equip the leased section with the most modern and complete electrical apparatus, build the pole lines, provide the necessary electric locomotive, or locomotives, and perform all the necessary works to enable the Electric Company to perform the service connected with the movement of freight and passenger business promptly and efficiently.
The Electric Company shall also provide as many closed and open passenger cars, as well as such mail, express and baggage cars as may be necessary for the reasonable requirements of the public, all subject to the approval of the managing officer of the C. P. R.
T. G. SHAUGHNESSY.
OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's
most Excellent Majesty.