streams, &c. modation and use of the passengers and freight or elevating business of the Company; and also to make use of, for the purposes of the Make use of Company, the water of any stream or watercourse over or near which the railway passes, doing, however, no unnecessary damage thereto nor anything to impair the usefulness of such stream or watercourse; and shall have full power and authority to erect docks, May erect slips and piers in any of the lakes or rivers, for the convenience and accomodation of vessels and for improving the facilities for ferriage by the Company across the said lakes and rivers; and Branch railshall also have full power and authority to connect any of the ways. works herein mentioned with any point on the railway by means of any line or lines of railway for such purposes. arrangements 20. The Directors of the Company, elected by the shareholders May make in accordance with the provisions of this Act, shall have power for connection and authority to enter into and conclude any arrangements with with other any other railway company of Canada or the United States, for railways. the purpose of making any branch or branches, to facilitate a connection between the Company and such other railway company. or lease their others. 21. The Company is also authorized and empowered to con- May transfer tract and agree with any incorporated railway company for the own railway or purchase or transfer by deed of assignment of their line of railway, purchase works or undertaking, with the appurtenances and privileges thereto, belonging or in any manner appertaining thereto; and the Company hereby incorporated may assign, transfer or lease their railway or any part thereof, works or undertaking, or any rights or powers acquired under this Act, and the surveys, plans, works, plant, stock, machinery or other effects belonging thereto, to any other incorporated company, person or persons, or corporations, upon such terms and conditions, and with such restrictions as the Directors may deem expedient. 22. The Company may also enter into any agreement with any May lease or hire rolling persons or with any other railway company, either in Canada or stock from in any foreign state, for leasing the said railway or any part other railways. thereof, or works or undertakings, or the use thereof at any time, to such persons or other company; or for leasing or hiring out to such persons or other company any locomotives, cars, carriages, plant, stock or other property moveable or immoveable of the Company, either altogether or for any times or occasions; or for leasing or hiring from any other railway company, any railroad or any part thereof, or the use thereof at any times, any locomotives, cars, carriages, plant, stock or other property moveable or immoveable, or for using either the whole or any part of the said railway, or of the moveable or immoveable property of the Company in common with the two companies; and may make any agreements in respect to the same and the terms and conditions thereof. 23. Notwithstanding anything contained in section nine of Company may "The Railway Act, 1868," the Company may, under the powers acquire, and width extended snowdrift fences. of roadway for and provisions in the said Act, acquire and hold such width of land on the sides of the railway and its branches at any point of the line as may be needed for the erection of snow drift fences or barriers, at a sufficient distance from the track to prevent the obstruction of the line by drifting snow. Foregoing provisions shall come into 24. The foregoing sections and provisions of this Act shall have force and effect upon, from and after the day which may be on proclama- appointed for that purpose by Proclamation issued under an Order of the Governor in Council, and not before. force only tion. Time for construction limited. 25. The powers given by this Act shall be exercised by the commencement of the said railway within two years after the coming into force of this Act, and its completion within five years therefrom. Preamble. Declaratory. CAP. LXXX. An Act to incorporate The Thunder Bay Silver Mines W [Assented to 14th June, 1872.] HEREAS the construction of a line of railway from a point at or near Prince Arthur's Landing on Thunder Bay, Lake Superior, to the United States boundary line, at or near Pigeon or Arrow Rivers or Lakes, and to connect there with the railway. system of the United States and with a branch railway to the water's edge of Thunder Bay, with a pier out into deep water, would materially advance the commercial prosperity, and promote the interests and develope the resources of the locality sought to be served by the construction of the said railway, and would be the most direct and convenient connection between the railway system of the United States, and the valuable mineral region lying about Thunder Bay and the territory north thereof; and whereas the want of railway facilities in the said localities is a source of great privation and inconvenience during the winter,-no railway system at present existing therein; and whereas the construction of such a railway would be a work for the general advantage of Canada; and whereas the persons hereinafter named have petitioned to be incorporated as a company, to construct the said line of railway; and it is expedient to grant the prayer of the said petitioners: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Thunder Bay Silver Mines Railway is hereby declared to be a work for the general advantage of Canada. sons incor 2. The Honorable John Hamilton Gray, William Fontaine Certain perBruff, George Wells Owen, Charles Eley and William Henry porated. Stanton, 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 Corporate name of "The Thunder Bay Silver Mines Railway Company," and name. shall have all the powers incident to railway corporations in And general general, and the powers and privileges conferred on such corpo- powers. rations by "The Railway Act, 1868," subject however to the provisions hereinafter contained. Also "Prin 3. The head office of the Company shall be at the City of Head office. Toronto, in the Province of Ontario, and the Company may also cipal office." have A Principal Office" at Prince Arthur's Landing, in the District of Algoma. Railway 4. The said Company may lay out, construct, equip and finish Line of a double or single line of railway of such width or gauge as the and Pier. Company see fit, from a point at or near Prince Arthur's Landing on Thunder Bay, Lake Superior, to the United States boundary line, at or near Pigeon or Arrow Rivers or Lakes, and may connect there with the railway system of the United States, and may erect and maintain a pier ont into deep water at Thunder Bay. 5. The Company may also construct an electric telegraph line Teleɛ raj h. in connection with the said line of railway. with other 6. The said Company shall have power to unite with any other Arrangements company incorporated or which may be incorporated by the laws companies of the State of Minnesota, one of the United States of America, in for building bridge, &c. building a bridge over the boundary waters, and to enter into any contracts or agreements with such company, respecting the construction and maintenance thereof. The said Company shall have power to make traffic or running arragements with railway lines now, or hereafter to be built in the Province of Ontario, situated upon the line hereby authorized to be constructed, or crossing or continuing the same or with any railway in the said State of Minnesota connecting with the railway hereby authorized to be constructed, or to amalgamate with any such railway company, upon terms to be approved by the shareholders, at a special meeting called for that purpose. waters unti 7. The said Company shall have power to construct, charter Ferry over and navigate, for the purpose of crossing the waters dividing a bridge be Canada from the United States, (until a bridge over the said built, &c. waters shall be completed) scows, boats, sail or steam vessels, for the purpose of carrying passengers and goods across the said waters, to and from any railway on the opposite side of the said waters, in the said State of Minnesota; and shall also have power to construct, purchase, charter and navigate steam vessels and other water craft on any lake, river or stream near to or touched by this railway or any of its branches, for the purposes of traffic in connection with this railway or any of its branches. Capital Stock. and Shares. 8. The capital stock of the said Company shall not exceed in the whole, the sum of two million dollars,-to be divided into twenty thousand shares of one hundred dollars each; which stock shall be raised by the persons herein before named, and such other persons and corporations as may become shareholders in the said stock: and the money so raised shall be applied, in the first place, Application of to the payment of all fees, expenses and disbursements for proCapital. curing the passing of this Act, and for making the surveys, plans and estimates, connected with the railway; and all the rest and remainder of such money shall be applied towards making, completing and maintaining the said railway and other purposes of this Act. Company may receive Lands the same. 9. It shall be lawful for the said Company to receive either by in aid, and sell grant from Government, or from any private individuals or corporations, as aid in the construction of the said railway, any vacant lands in the vicinity thereof, or any other real and personal property, or any sums of money, either as gifts or in payment of stock; and legally to dispose of the same, and alienate the lands or other real or personal property, for the purposes of the said Company in carrying out the provisions of this Act: Provided always that lands so received for other than the purposes of the railway shall not be held by the Company for a longer term than five years and shall not be leased or rented during such period. Provisional 10. The Honorable John Hamilton Gray, William Fontaine Bruff, George Wells Owen, Charles Eley and William Henry Stanton, and the successor or successors of them, shall be and are hereby constituted a Board of Directors of the said Company, with power to add to their number; and shall hold office as such, until other Directors shall be appointed under the provisions of this Act by the shareholders; and shall have power and authority to fill vacancies occurring therein, and to associate with themselves therein not more than six persons, who shall thereupon become and be Directors of the Company equally with themselves; and the majority of the Directors shall form a quorum, to open stock books The'r powers, and procure subscriptions for the undertaking, to make calls upon subscribers, to cause surveys and plans to be made and executed, to call a general meeting of shareholders for the election of other Directors, as hereinafter provided; and generally to do all such other acts as such Board under the provisions of this Act, and under "The Railway Act, 1868," may lawfully do. Stock books tions for stock 11. The said Directors are hereby empowered to take all and subscrip necessary steps for opening stock books for the subscription of parties desiring to become 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 general meeting for election of directors. 12. When, and so soon as one tenth part of the capital stock shall have been subscribed as aforesaid, and one tenth of the amount so subscribed or such greater per centage thereon as may be be required to form a sum of not less than two hundred thousand dollars, shall have been paid in, the said Directors or a majority of them may call a general meeting of the shareholders at such time and place as they shall think proper, giving at least four weeks' notice in one or more newspapers published at Toronto, and in the "Ontario Gazette;" 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 as hereinafter provided; which said Directors shall constitute a Board of Directors, and shall hold office till the first annual general meeting in the year following their election. 13. In each year after the first general meeting appointed to be Annual held under the preceding section, and on the anniversary of such general meeting and first general meeting, at the head office in Toronto, or principal electier. office of the said Company at Prince Arthur's Landing, there shall be held an annual general meeting of the shareholders of the Company; at which meeting the said shareholders shall elect a like number of not less than five, nor more than nine Directors for the then ensuing year, in the manner and qualified as hereinafter provided; and public notice of such annual general meeting and election shall be published one month before the day of the election, in one or more of the newspapers in Toronto, and in the "Ontario Gazette ;" and the election of Directors shall be by ballot; and the Ballot. persons so elected shall form the Board of Directors: but no person shall be so elected as first mentioned, unless he shall be the absolute owner of at least twenty shares of the stock of the Com- Qualification, pany, upon which all calls made by the Company have been of Directors. paid up. 14. A majority of the Directors shall form a quorum for the Quorum, transaction of business; and the said Board of Directors may proxies. employ one or more of their number as paid Director or Directors: Provided however that no person shall be elected a Director unless he shall be the holder and owner of at least twenty shares Director's of the stock of the said Company, and shall have paid up all calls qualification. upon such shares. limited. 15. The Directors may at any time call upon the sharehol lers Calls. for instalments upon each share which they or any of them may hold in the capital stock of the said Company, in such proportion as they may see fit, but no such instalment shall exceed ten per cent.; and the Directors shall give one month's notice of such call in such manner as they may appoint. 16. The said Company shall have power and authority to Company may become parties become parties to promissory notes and bills of exchange for sums to promissory of not less than one hundred dollars; and any such promissory Notes, &c. note made or endorsed by the President or Vice-President of the Company, and countersigned by the Secretary and Treasurer of the said Company, and under the authority of a majority of a 22 quorum |