As to provisions of

respecting

42. The provision made in sub-sections thirty, thirty-one and Railway Act thirty-two, of section nine of "The Railway Act, 1868," as to incumbrances on lands acquired by a Company, shall apply to incumbrances. lands acquired by the Company in the Provinces of Manitoba and British Columbia; and as respects lands in places where there is no court into which the compensation can be paid, the payment thereof to the party from whom the lands are taken, shall discharge the incumbrances (if any) upon such lands, or compensation as if paid into court.

Certain offi-
cials to act as
County
Judges.

Notices.

Materials from wild lands of the Crown.

Land for gravel pits,

43. In the Provinces of British Columbia and Manitoba, any Judge of a County Court, or of the Supreme Court, shall have all the powers given by the said Act to a County Judge, and in any place where there is no such Judge, or County Judge, or no Judge who can act in the case, any Justice of the Peace shall have all the said powers.

44. As respects places not within any Province, any notice required by the said Act to be given in the Official Gazette of the Province, may be dispensed with.

45. The Company may take from wild lands of the Dominion adjacent to, or near the line of the said railway, all stone, timber, gravel and other materials necessary or useful for the construction of their railway, and may lay out, and appropriate to their use, a greater extent of land, whether public or private, for stations, depots, workshops, buildings, side tracks, wharves, harbours and roadways, than that mentioned in "The Railway Act, 1868,"such greater extent taken in any case being allowed by the Governor in Council, and shown on the maps or plans deposited with the Minister of Public Works.

46. And, whereas, it may be necessary for the Company to quarries, &c. possess gravel pits and quarries and lands containing deposits of gravel, stone or brick clay, as well as lands for stations and other purposes, at convenient places along their line of railway, for constructing and keeping in repair, and for carrying on the business of their railway, and as such gravel pits, quarries or deposits cannot at all times be procured without buying the whole lot of land whereon such deposits may be found; therefore, the said Company may purchase, have, hold, take, receive, use and enjoy, along the line of the said railway, or separated therefrom, and if separated therefrom, then, with the necessary right of way thereto, any lands, tenements and hereditaments which it shall please Her Majesty, or any person or persons or bodies politic, to give, grant, sell or convey unto and to the use of, or in trust for the said Company, their successors and assigns; and it shall and may be lawful for the said Company to establish stations or workshops on any of such lots or blocks of land, and from time to time, by deed of Sale of lands bargain and sale or otherwise, to grant, bargain, sell or convey any portions of such lands, not necessary to be retained for gravel pits, quarries, sidings, branches, wood-yards, station grounds or

Stations and workshops.

not required.

workshops,

workshops, or for effectually repairing, maintaining and using, to the greatest advantage, the said railway and other works connected therewith.

veyances to

tion thereof.

47. Deeds and conveyances of lands to the Company for the Form of conpurposes of this Act, (not being letters patent from the Crown) the Company, may, in so far as circumstances will admit, be in the form of and registraSchedule A to this Act subjoined, or in any other form to the like effect and for the purposes of due enregistration of the same, all Registrars of deeds in their respective counties, districts or localities, shall register in their registry books such deeds and conveyances at length, upon the production and proof of the due execution thereof without any memorial or duplicate, and shall minute the enregistration or entry on any such deed; and the Registrar shall receive from the Company, for all fees on every such enregistration and for a certificate of the same, fifty cents and no more; and such enregistration shall be valid in law, any Statute or provision of law to the contrary notwithstanding.

48. The Justices of the Peace for any county or district in Appointment of special conBritish Columbia assembled in general or quarter sessions, shall stables. have the powers vested by section forty-nine of "The Railway det, 1868," in the Justices so assembled in the Province of Ontario, as to the appointment of railway constables; and in places where there are no such sessions, any two Justices of the Peace in either of the said Provinces, or in any place not within any Province, shall have the powers given by the said section to any two Justices of the Peace in Ontario, for the dismissal of any such constable; and where there is no Clerk of the Peace, the record of the appointment of a constable shall be dispensed with.

ishment of

49. Any felony, or misdemeanor in contravention of the Trial and pun"Penal Clauses" of "The Railway Act, 1868," committed in offenders the Province of Manitoba or British Columbia, shall be tried, against Penal clauses of punished and dealt with in such Province, by and before the Railway Act. court or tribunal having cognizance of felonies and misdemeanors respectively (as the case may be), and punished in the manner provided by the said Act; and, if committed in any place not within any Province, may be tried, punished and dealt with by any court having like jurisdiction, in British Columbia, Manitoba or Ontario, in any of which Provinces the offender may be arrested and dealt with as if the offence had been committed there; or he may be arrested in the territory where the offence is committed, and committed by any Justice of the Peace for such territory for trial at such court, and in such county, district or place in either of the said Provinces, as the Justice may think most convenient, and to the common gaol whereof he may commit such offender, and authorize his being conveyed by any constable; and if the punishment to which he is sentenced be imprisonment in the penitentiary and there be no penitentiary in the Province, such imprisonment shall be in the common gaol for the place where he is convicted: and any offence

against

Company not to commence construction until after

against the said "Penal Clauses," or any other section of the said Act thereby cognizable before a Justice or Justices of the Peace, shall be cognizable before a Justice or Justices of the Peace for the place where the offence is committed: and if any pecuniary penalty be imposed and there be no party entitled to receive it under the said Act, it shall be paid to the Receiver-General, to the credit of the Railway Inspection Fund.

50. The Company shall not have power to acquire any land or to commence the construction of the railway hereby authorized until after such day as shall be fixed by Proclamation of the proclamation. Governor in Council.

SCHEDULE A.

FORM OF DEED OF SALE.

Know all men by these presents, that I, A. B., in consideration of paid to me by the Canada Pacific Railway Company the receipt whereof is hereby acknowledged, grant bargain, sell and convey unto the said Canada Pacific Railway Company, their successors and assigns, all that tract or parcel of land (describe the land), to have and to hold the said land and premises unto the said Company, their successors and assigns for ever.

Witness my hand and seal, this one thousand eight hundred and Signed, Sealed and delivered

in presence of

C.D.
E.F.

day of

}

А В.

L.S.

Preamble.

CAP. LXXIV.

An Act to incorporate the Quebec Pacific Railroad

W

Company.

[Assented to 14th June, 1872]

HEREAS the persons hereinafter named and others have, by their petition, represented that a line of railway, to be constructed from the City of Ottawa to a point at or near the confluence of the Rivers Ottawa and Matawan, and thence to connect with the eastern terminus of the "Canadian Pacific Railway," crossing the River Ottawa at or near the Village of Hull, in the Township of Hull, in the Province of Quebec, thence, in the most direct practicable route through the Counties of Ottawa and Pontiac, re-crossing the River Ottawa at some point, hereafter to

be

be determined, between the Village of Portage du Fort and the mouth of "Deep River," and thence along the west side of the said Ottawa River, would largely increase the population and develope the resources of the Ottawa country, materially facilitate lumbering operations on the upper Ottawa and its tributaries, contribute to the settlement of the fertile lands of the district traversed, and stimulate its trade and industry, and by connecting with the "Canadian Pacific Railway," complete the missing link of the inter-oceanic highway between Halifax on the east, and the Pacific Ocean on the west; and have prayed to be incorporated as a company for the construction, equipment, maintenance and management of such railroad; and it is expedient to grant their prayer: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Hon. R. W. Scott, the Hon. Malcolm Cameron, J. M. Incorporation. Currier, M.P., Alonzo Wright, M.P., E. B. Eddy, M.P.P., Eugene Martineau, Mayor, H. F. Bronson, J. L. P. O'Hanly, Edward McGillivray, J. T. C. Beaubien, J. R. Booth, Joseph Aumond, Levi Young, W. H. Waller, A. H. Baldwin, William Mackey, Horace Merrill, John Heney, H. N. Bate, Francis McDougal, David Moore, Roderick Ryan, Robert Lyon, Thomas McVeigh, P. A. Egleson, senior, Thomas McTiernan and T. G. Smith, Esquires, with all such other persons and corporations as shall become shareholders in the Company hereby incorporated, shall be and are hereby constituted a body corporate and politic, by the name of the "Quebec Pacific Railroad Company," and shall have all the Corporate powers incident to railway corporations in general, and the powers name and genand privileges conferred on such corporations by "The Railway Act, 1868," subject to the provisions hereinafter contained.

railroad on a

2. The said Company and their agents and servants may lay Power to build out, construct and finish a single or double line of railroad, of such certain route. width or gauge as the Company see fit, from the City of Ottawa, crossing the Ottawa River at or near the Village of Hull in the Township of Hull and Province of Quebec, there connecting with the "Ottawa and Gatineau Valley Railroad." of which this portion shall form an extension, thence in the most direct practicable route through the Counties of Ottawa and Pontiac, re-crossing the Ottawa River at some point, hereafter to be determined, between the Village of Portage du Fort and the mouth of " Deep River," thence along the west side of the Ottawa River, to a point at or near its confluence with the River Matawan, and thence to connect with the "Canadian Pacific Railway," at the terminus thereof, or at such point thereon as the Company may fix.

3. The capital stock of the said Company shall be two millions Capital stock of dollars, to be divided into forty thousand shares, of fifty dollars how to be apand shares, and each, which amount shall be raised by the persons hereinafter plied. named, and such other persons and corporations as may become shareholders in the said Company; and the money so raised shall

be

dispose thereof.

be applied, in the first place, to the payment of all fees, expenses and disbursements for procuring the passing of this Act, and for making the surveys, plans and estimates connected with the railroad; and all the rest and remainder of such money shall be applied towards making, completing and maintaining the said railroad, and other purposes of this Act.

Company may 4. It shall be lawful for the said Company to receive, either by receive aid in land, &c., and grant from Government, or from any individuals or corporations municipal or otherwise, either in Canada or elsewhere, as aid in the construction of the said railroad, any vacant lands in the vicinity thereof or elsewhere, or any other real or personal property, or any sums of money, either as gifts or by way of bonus, or in payment of stock, and legally to dispose of and alienate such lands or other real or personal property, for the purposes of the said Company in carrying out the provisions of this Act.

Provisional

directors and their powers.

5. The Hon. R. W. Scott, the Hon. Malcolm Cameron, J. M. Currier, M. P., Alonzo Wright, M. P., E. B. Eddy, M.P.P., Eugene Martineau, Mayor, H. F. Bronson, J. L. P. O'Hanly, Edward McGillivray, J.T. C. Beaubien, J. R. Booth, Joseph Aumond, Levi Young, W. H. Waller, A. H. Baldwin, William Mackey, Horace Merrill, John Heney, H. N. Bate, Francis McDougal, David Moore, Roderick Ryan, Robert Lyon, Thomas McVeigh, P. A. Egleson, senior, Thomas McTiernan and T. G. Smith, Esquires, shall be and are hereby constituted a board of Provisional Directors of the said Company, (nine of whom shall form a quorum), and shall hold office as such until other Directors shall be elected under the provisions of this Act by the shareholders, and shall have power and authority to fill vacancies occurring therein, to open stock books and procure subscriptions for the undertaking, Stock books. and to receive payment on account of stock subscribed. The said Provisional Directors are hereby empowered to take all necessary steps for opening stock books for the subscription of parties desirous of becoming shareholders in the said Company; and all parties subscribing to the capital stock of the said Company shall be considered proprietors and partners in the same.

First meeting

and election of

6. When and so soon as one-tenth part of the capital stock shall of shareholders have been subscribed as aforesaid, either in municipal debentures, directors. granted by way of bonus, or otherwise, or in ordinary subscription by individuals to the capital stock, or partly in such municipal debentures and partly in such subscriptions, and one-tenth of the amount so subscribed, paid in, the said Directors, or a quorum of them, may call a meeting of shareholders, at such time and place as they think proper, giving at least two weeks' notice in one or more newspapers, in English and French, published in the City of Ottawa, and in one newspaper in the Village of Aylmer and in the Town of Pembroke; at which said general meeting, and at the annual general meetings in the following sections mentioned, the shareholders present, either in person or by proxy, shall elect not less than five, nor more than nine Directors, in the manner and

qualified