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non-navigable waters and other like places, subject, however, to the following provisions, that is to say:

be obstructed.

(a.) The Company shall not in the construction or operation Travel not to of its telegraph or telephone lines interfere with the public. right of travelling on or using such public roads, highways, streets, bridges or watercourses, and other like places, and shall not do any unnecessary damage, nor in any way obstruct the entrance to any door or gateway, or free access to any building erected in the vicinity;

wires.

(b.) The Company shall not affix any telegraph or telephone Height of wire less than twenty-two feet above the surface of the street or road, nor, without the consent of the municipal council having jurisdiction over the roads or streets of the municipality, erect more than one line of poles along any street or road;

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

case of fire.

(d.) Whenever, in case of fire, it becomes necessary, for its Cutting poles extinction or the preservation of property, that the poles or or wires in wires should be cut, the cutting under such circumstances of the poles or any of the wires of the Company, under the direction of the chief engineer or other officer in charge of the fire brigade, shall not entitle the Company to demand or to claim compensation for any damage thereby incurred;

(e.) The Company shall be responsible for all damage which Liability for its agents, servants or workmen cause to individuals or damage. property in carrying out or maintaining any of its said works;

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

(g.) In all municipalities the opening up of streets for the Approval of erection of poles, or for carrying the wires underground, shall municipality. be subject to the supervision of such engineer or other person

as the council appoints for that purpose, and shall be done in such manner as the council directs; the council may also direct and designate the places where the poles are to be erected in Location of such municipality; and the surface of the street shall in all poles. cases be restored as far as possible to its former condition, by and at the expense of the Company;

carry wires

(h.) No Act of Parliament requiring the Company, in case Company may efficient means are devised for carrying telegraph or telephone be required to wires underground, to adopt such means, and abrogating the underground. right given by this section to continue carrying lines on poles through cities, towns or incorporated villages, shall be deemed an infringement of the privileges granted by this Act, and the Company shall not be entitled to damages therefor;

(i.) No person shall labour upon the work of erecting or Workmen to repairing any line or instrument of the Company, without wear badges. having conspicuously attached to his dress a medal or badge

on which shall be legibly inscribed the name of the Company

and a number by which he can readily be identified;

(j.) Nothing in this section contained shall be deemed to Private authorize the Company, its servants, workmen or agents, to rights.

Temporary removal of lines in certain cases.

Notice to company.

Agreements with other companies.

Provisional directors.

Capital stock and calls.

Annual meeting.

Number of directors.

Amount of bonds, etc., limited.

enter upon any private property for the purpose of erecting, maintaining or repairing any of its wires, without the previous assent of the owner or occupant of the property for the time being;

(k.) If in the removal of buildings or in the exercise of the public right of travelling on, or using any public road, highway or street, it becomes necessary that the said wires or poles be temporarily removed by cutting or otherwise, it shall be the duty of the Company, at its own expense, upon reasonable notice in writing from any person requiring the same, to remove such wires or poles, and in default of the Company so doing, it shall be lawful for any such person to remove the same at the expense of the Company, doing no unnecessary damage thereby; and such notice may be given either at the office of the Company or to any agent or officer of the Company in the municipality wherein such wires or poles are required to be removed, or in the case of a municipality wherein there is no such agent or officer of the Company, 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 require to be removed.

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

10. The persons mentioned by name in the first section of this Act are hereby constituted provisional directors of the Company.

11. The capital stock of the Company shall be eight millions of dollars and may be called up by the directors from time to time as they deem necessary, but no one call shall exceed ten per cent on the shares subscribed.

12. The annual general meeting of the shareholders shall be held on the third Wednesday in September in each year.

13. At such meetings the subscribers for the capital stock assembled, who have paid all calls due on their shares shall choose nine persons to be directors of the Company, one or more of whom may be paid directors of the Company.

14. The Company may issue bonds, debentures and other securities to the extent of twenty thousand dollars per mile of the railway and branches, and such bonds, debentures or other securities may be issued only in proportion to the length of railway constructed or under contract to be constructed.

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

CHAP. 8.

An Act amalgamating the Ottawa, Arnprior and
Parry Sound Railway Company and the Parry
Sound Colonization Railway Company under the
name of the Ottawa, Arnprior and Parry Sound
Railway Company.

[Assented to 5th October, 1896.]

WHEREAS the Ottawa and Parry Sound Railway Com- Preamble.

pany was duly incorporated by an Act of the Parliament

c.

of Canada, being chapter sixty-five of the Statutes of 1888; 1888, c. 65. and whereas the Ottawa, Arnprior and Renfrew Railway Company was duly incorporated by an Act of the Legislature of Ont. 1888, the province of Ontario, being chapter seventy-one of the Sta- c. 71. tutes of 1888, which Act was amended by chapter ninety-one Ont. 1891, of the Statutes of 1891; and whereas the said two companies . 91. were duly amalgamated and incorporated under the name of the Ottawa, Arnprior and Parry Sound Railway Company, by an Act of the Parliament of Canada, being chapter ninety-three 1891, c. 93. of the Statutes of 1891; and whereas the said last mentioned Act was amended by an Act of the Parliament of Canada, 1895, c. 57. being chapter fifty-seven of the Statutes of 1895; and whereas the Parry Sound Colonization Colonization Railway Company was duly incorporated by an Act of the Legislature Ont. 1885, of the province of Ontario, being chapter seventy-eight c. 78. of the Statutes of 1885, subsequently amended in divers particulars by certain Acts of the Legislature of the province of Ontario, being chapter seventy-three of the Statutes Ont. 1888, of 1888, chapter one hundred and twenty-three of the Statutes of 1890, chapter ninety-two of the Statutes of 1891, and chapter c. 123. ninety-five of the Statutes of 1893; and whereas the said two c. 92. companies, pursuant to the powers severally conferred upon Ont. 1893. them by the said Acts, have become amalgamated into one corporation, under the name of the Ottawa, Arnprior and Parry Sound Railway Company, under a deed of amalgamation (of which a copy with the four schedules annexed thereto is appended hereto) which said deed has been duly confirmed by the respective shareholders of the said two amalgamated companies,

c. 73.

Ont. 1890,

Ont. 1891,

c. 95.

Amalgama

as provided by the said respective Acts of the said Parliament and Legislature relating thereto; and whereas the Ottawa, Arnprior and Parry Sound Railway Company by its petition has represented that it is desirable that the said deed of amalgamation should be confirmed by the Parliament of Canada, and has prayed that an Act be passed for that and other purposes, 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 deed of amalgamation, a copy of which with tion confirmed the said four schedules annexed thereto is appended hereto, is hereby approved, ratified and confirmed and shall be taken and read as a part of this Act, and the said amalgamation thereby effected is hereby declared to be valid and operative as and from the date of the said deed.

Railway laws of Canada to govern.

Declaratory.

Corporate

name of amalgamated company.

Combined powers.

Agreements

company.

2. Nothing in this Act or in the said deed of amalgamation or the schedules thereto shall be held to release either of the said companies from any of its duties or liabilities under the railway laws of Canada.

3. All the lines of railway and branch railways authorized to be laid out, constructed and operated by the said Acts of the said Parliament and Legislature respectively, are hereby declared to be works for the general advantage of Canada.

4. From the date of the said deed the said amalgamated railway company and the shareholders thereof shall be deemed to have become and are hereby declared to have been and to be a body corporate and politic under the name of the Ottawa, Arnprior and Parry Sound Railway Company, hereinafter called "the Company" and from the date of the said deed shall be vested with and have, possess, be entitled to and capable of having and exercising each and all of the rights, franchises, powers, privileges, property, assets and credits of the said amalgamated companies and each of them mentioned and referred to in the Acts recited in the preamble to this Act or in the said deed.

5. The Company may enter into an agreement with the with another Grand Trunk Railway Company of Canada, the Canada Atlantic Railway Company, the Northern and Pacific Junction Railway Company, or the Kingston and Pembroke Railway Company, for conveying or leasing to such company the railway of the Company, in whole or in part, or any rights or powers acquired under this Act, as also the franchises, surveys, plans, works, plant, material, machinery, and other property to it belonging, or for an amalgamation with such company, on such terms and conditions as are agreed upon, and subject to such restrictions as to the directors seem fit; provided that

Approval of the shareholders and of

such agreement has been first approved by two-thirds of the the Governor votes at a special general meeting of the shareholders duly in Council. 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 that such agreement has also received the sanction of the Governor in Council.

2. Such sanction shall not be signified until after notice of Notice of application for the proposed application therefor has been published in the sanction. manner and for the time set forth in section two hundred and thirty-nine of The Railway Act, and also for a like period in one newspaper in each of the counties through which the railway of the Company runs, and in which a newspaper is published.

6. The head office of the Company shall be in the city of Head office. Ottawa.

7. The capital stock of the Company shall be four million Capital stock two hundred thousand dollars, and may be called up by the and calls. directors from time to time as they deem necessary, but no one call shall exceed ten per cent of the shares subscribed.

8. The annual general meeting of the shareholders shall be Annual meetheld on the last Tuesday in September in each year.

ing.

liable for debts

9. The Company shall be liable for all the debts, duties and New company obligations of the Ottawa, Arnprior and Parry Sound Railway of amalgamatCompany and of the Parry Sound Colonization Railway Com- ed companies. pany so amalgamated which may by law be established, and no proceedings of any nature either by or against the said companies so amalgamated or either of them shall be abated or discontinued by reason of the said amalgamation, or of this Act, but any such proceedings may be continued to their natural and ordinary termination as if the said amalgamation had not been effected, and if any judgment is rendered or order made therein, such judgment or order shall be binding upon and executory against the amalgamated company, or shall inure to the benefit thereof and may be enforced thereby, as the case may be.

limited.

10. The Company may issue bonds, debentures or other Amount of securities to the extent of twenty-five thousand dollars per mile bonds, etc., of the railway and branches of the Company, and such bonds, debentures or other securities may be issued only in proportion to the length of railway constructed or contracted to be constructed.

11. The directors of the Company may from time to time Lease of enter into an agreement with any company or person for rolling stock.

the leasing, hiring or using of any locomotives, carriages,

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