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CHAP. 47.

An Act respecting the James Bay Railway Company.

[Assented to 29th June, 1897.]

WHEREAS the James Bay Railway Company has, by its Preamble. petition, prayed for the passing of an Act for the purposes 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, enacts as follows:

1. The James Bay Railway Company, hereinafter called Extension of "the Company," may lay out, construct and operate an exten- railway. sion of its line of railway from Parry Sound in the province of Ontario, to the city of Toronto or to some point along the line of some existing railway adjacent to the said city of Toronto, in addition to the line of railway authorized by the Act incor- 1895, c. 50. porating the Company.

2. The Company may acquire and utilize water and steam Use of elecpower for the purpose of generating electricity for lighting, tricity. heating and motor purposes in connection with its railway or any branch or part thereof.

lines.

3. The Company may, subject to the provisions contained in Telegraph and section five of this Act, construct, equip, work and maintain a telephone telegraph line and telephone lines along the whole length of the railway extension 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 operating such telegraph and telephone lines the Company may enter into a contract with any other company or may lease any of the Company's lines or any portion thereof.

2. The Company may enter into arrangements with any Arrangements other telegraph or telephone company for the exchange and with telegraph transmission of messages, or for the working in whole or in companies. part of the lines of the Company.

and telephone

3. No rates or charges shall be demanded or taken from any Approval person for the transmission of any message by telegraph, or

of rates by Governor in

R.S.C., c. 132.

Powers shall

apply to extension and branches.

Power to enter
upon high-
way, etc.

Erect poles,

for leasing or using the telegraphs or telephones of the Conpany, until such rates or charges have been approved of by the Governor in Council.

4. The Electric Telegraph Companies Act, being chapter one hundred and thirty-two of the Revised Statutes, shall apply to the telegraphic business of the Company.

4. All the provisions of the Act incorporating the Company as to the issue of bonds, debentures or other securities, and all the other powers of the Company, shall apply to the extension and branch lines hereby authorized.

5. With the consent of the municipal council or other authority having jurisdiction over any highway or public place, the Company may enter thereon for the purpose of constructing and maintaining its lines of telegraph and telephone, and lines for the conveyance of electric power, and, when deemed necessary by the Company for the purpose of its telegraph and telcphone systems, and its system for supplying electric power, may erect, equip and maintain poles and other works and devices, Stretch wires, and stretch wires and other telephonic or telegraphic or other electrical contrivances thereon; and, as often as the Company thinks proper, may enter upon, use, break up and open any highway or public place, subject, however, to the following provisions:

Break up

highway.

Travel not to

(a.) The Company shall not interfere with the public right be obstructed. of travel, or in any way obstruct the entrance to any door or gateway, or free access to any building;

Height of wires.

Kind of poles.

Cutting poles or wires in case of fire.

Injury to

trees.

(b.) The Company shall not affix any wire less than twentytwo feet above the ground, nor, without the consent of the municipal council, erect more than one line of poles along any highway;

(c.) All poles shall be as nearly as possible straight and perpendicular, and shall, in cities, be painted, if so required by any by-law of the council;

(d.) The Company shall not be entitled to damages on account of its poles or wires being cut by direction of the officer in charge of the fire brigade at any fire, if, in the opinion of such officer, it is advisable that such poles or wires be cut;

(e.) The Company shall not cut down or mutilate any shade, fruit or ornamental tree;

Supervision of (f) The opening up of streets for the erection of poles, or municipality. for carrying wires under ground, shall be subject to the direction and approval of such person as the municipal council appoints, and shall be done in such manner as the said council directs; the council may also designate the places where such poles shall be erected; and the streets shall, without any unnecessary delay, be restored, as far as possible, to their former condition, by and at the expense of the Company;

Surface of street to be restored.

Future legislation as to carrying wires under ground.

(g.) In case efficient means are devised for carrying telegraph or telephone wires under ground, no Act of Parliament requir

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ing the Company to adopt such means, and abrogating the right given by this section to carry lines on poles, shall be deemed an infringement of the privileges granted by this Act, and the Company shall not be entitled to damages therefor;

(h.) Every person employed upon the work of erecting or Workmen to repairing any line or instrument of the Company shall have wear badges. conspicuously attached to his dress a badge, on which are

legibly inscribed the name of the Company and a number by which he can be readily identified;

(2.) Nothing herein contained shall be deemed to authorize Private the Company to enter upon any private property for the pur- rights. pose of erecting, maintaining or repairing any of its works, without the previous assent of the owner or occupant of the property for the time being;

wires and

(J.) If for the purpose of removing buildings or in the exer- Temporary cise of the public right of travel, it is necessary that the said removal of wires or poles be temporarily removed, by cutting or other- poles. wise, the Company shall at its own expense, upon reasonable notice in writing from any person requiring it, remove such wires or poles; and in default of the Company so doing, such person may remove such wires and poles at the expense of the Company. The said notice may be given either at any office of the Company, or to any agent or officer of the Company in Notice to the municipality wherein are the wires or poles required to be Company. removed, or in the case of a municipality wherein there is no such agent or officer, then either at the head office, or to any agent or officer of the Company in the nearest or any adjoining municipality to that in which such wires or poles are;

(k.) The Company shall be responsible for all unnecessary Liability for damage which it causes in carrying out or maintaining any of damage. its said works.

tion of

6. If the railway and the extension hereby authorized are Time limited not commenced within two years, and if fifteen per cent on for constructhe amount of the capital stock is not expended thereon within railway. such two years, or if the railway is not finished and put in operation within five years from the passing of this Act, then the powers conferred upon the Company by Parliament shall cease and be null and void as respects so much of the railway and extension as then remain uncompleted.

as to future

7. Any Act hereafter passed for the purpose of controlling Power of railway companies incorporated by or subject to Parliament as Parliament to the issuing of stock or bonds, and as to rates or tolls and legislation. the regulation thereof, and as to running powers over or other rights in connection with the railway of any company by any other company, and the exercise of powers conferred upon railway companies, shall apply to the Company hereby incorporated from the time such Act goes into effect; but this

section shall not be construed to imply that such Act would not apply to the Company hereby incorporated without the enactment of this section.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty.

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