Canada.

Acts of the Parliament of the Dominion of Canada online

. (page 91 of 99)
Online LibraryCanadaActs of the Parliament of the Dominion of Canada → online text (page 91 of 99)
Font size
QR-code for this ebook


null and void as respects so much of the said branch as is not
so commenced and completed.

8. The securities issued by the said Company in respect of iMu«.<rf
the said branch shall not exceed twenty thousand dollars per "^""*'*^
mile of the said branch, and may be issued only in proportion
to the length of the branch constructed or tmder contract to
be constructed.



OTTAWA : Printed by Samuel Edward Dawson, Law Printer to the King's
most Excellent Majestv.

181



Digitized by



Google



Digitized by



Google




7-8 EDWARD VII.



CHAP. 127.

An Act respecting the Manitoulin and North Shore
Railway Company.

[Assented to 16th June, 1908.]

WHEREAS the Manitoulm and North Shore Railway Com- Preamble,
pany has by its petition prayed that it be enacted as looo, c 64;
hereinafter set forth, and it is expedient to grant the prayer of \^' J; Ip.
the Sf.id petition : Therefore His Majesty, by and with the advice loosl c. i48;
and consent of the Senate and House of Commons, enacts as {goe' c' 123-
follows:— looyic'ioe!

1. The lines of railway described in sections 1 and 2 of E^t««^oa
chapter 148 of the statutes of 1903, as amended by section CoiilSSc5on
1 of chapter 106 of the statutes of 1907, and in section 7 of g^^^ertain
chapter 64 of the statutes of 1900, except those portions de- 1907*, c 106,
scribed in sections 2 and 3 of this Act, may be commenced ^- ^ ""^^^®^-
within two yeai-s and completed and put in operation within
five years after the passing of this Act; otherwise the powers
granted for such construction shall cease and be null and void
as respects so much thereof as then remains uncompleted.

a. That part of the railway of the Manitoulin and North Kxtenaion of
Shore Railway Company described in section 7 of chapter 64 co™tmction,
of the statutes of 1900, lying between Sudbury and Little f^l^^^"^ ^ '
Current, shall be commenced and the sum of twenty-five thou- exirrent.
sand dollars expended on the Manitoulin end thereof before the
fifteenth day of July, one thousand nine hundred and eight, and
satisfactory evidence furnished to the Chairman of the Board of
Railway Commissioners for Canada before that date, showing the
Company's ability to complete and put in operation the section •
herein described within two yeara after the passing of this Act;
but if the construction of the said part of the railway is not com-
menced and the said sum of twenty-five thousand dollars is not
expended thereon, as above set out, or if the Chairman of the

183 said



Digitized by



Google



2 Chap. 127. ManilouLin & North Shore Ry. Co, 7-8 Edw. VII.

said Board is not satisfied with the Company's ability to complete
and put in operation the said section within the said two years,
or if the said part of the railway is not completed and put in
operation within two years after the passing of this Act, then the
powers granted for such construction shall cease and be null
and void as respects so much of the said part of the railway
as then remains uncompleted.

of^^fOT ^* ^^^i part of the said railway described in section 7 of

coiwSuction, chapter 64 of the statutes of 1900, lying between Meaford and

to*^Ow^ Owen Sound, may be commenced within two years after the

Sound. passing of this Act; but, if the construction of the said part

of the railway is not commenced, and one himdred and fifty

thousand dollars are not expended thereon within the said two

yeaite, and if the said part of the railway is not completed

and put in operation within three years after the passing of

this Act, the powers granted for such construction shall cease

and be null and void as respects so much of the said part of

the railway as then remains uncompleted.

i^^: 123, *• Sections 1 and 2 of chapter 123 of the statutes of 1906,
as. 1.' 2. ' and section 2 of chapter 106 of the statutes of 1907. are repealed.

1907.0.106, ^ ' *^

■ 2.

'OTTAWA : Printed by Samuel Edward Dawbon, Law Printer to the King's
most Excellent Majesty.



1S4



Digitized by



Google




7-8 EDWARD VII.



CHAP. 128.



An Act respecting certain patents of the Metal Shingle
and Siding Company, Limited.

[Assented to 20th July, 1908.]

WHEREAS the Metal Shingle and Siding Company, Limited, Preamble,
has by its petition represented that it is the holder of
certain letters patent for the Dominion of Canada, issued
under the seal of the Patent Office, and dated the sixth day of
May, 1902, being number 75,775, for improvements in pro-
cesses for making expanded metal structiu^s, and number
75,776, for improvements in machines for making expanded
metal structmes; and whereas the said company has by its
said petition prayed that it be enacted as hereinafter set forth,
and it is expedient to grant the prayer of the said petition:
Therefore Hi^ Majesty, by and with the advice and consent of
the Senate and House of Conmions of Canada, enacts as follows: —

1. Notwithstanding anything in The Patent Act, or in the Power to
said two several letters patent mentioned in the preamble, the Commissioner
Commissioner of Patents may receive from the Metal Shingle ^i^°
and Siding Company, Limited, the application for a certificate of f^^^* °'
payment and the usual fees upon the said patents for the re- to grant
mainder of the term of eighteen years from the date thereof, ®^*«'^®°-
and may grant and issue to the said Company the certificate
of pa)Tnent of fees as provided for by The Patent Act and an r. s., c. 69.
extension of the period of duration of the said letters patent
to the full term of eighteen years, in as full and ample a manner Term of
as if the application therefor had been duly made within six ^^^^s^****
years from the date of the issue of the said letters patent.

ftm If any person has, in the period between the sixth day saving of
of May, 1908, and the date of the passing of this Act, commenced JJI^^^^
to manufacture, use and sell, in Canada, any of the inventions wi»o have
covered by the said letters patent or either of them, such^^wtS^,

185 person ^^^ ""^ ^aie.'



Digitized by



Google —



Chap. M8. Metal Shingle & Siding Co. patents, 7-8 Edw. VII.

person may continue to manufacture, use and sell such in-
ventions in as full and ample a manner a3 if this Act had not
been passed.



OTTAWA : Printed by Samuel Edward Dawson, Law Printer to the King's
most Exoetlent Majesty.



186



Digitized by



Google




'^^^^r^:



^/!^*^>



7-8 EDWARD VIU



CHAP. 129.

An Act respecting patents of Montague Moore and
Thomas James Heskett.

[Assented to 17th March, 1908]

WHEREAS Montague Moore, of Melbourne, Australia, and Preamble.
Thomas James Heskett, of Brunswick, Australia, have
by their petition represented that they are the owners of patent
number ninety thousand one hxmdred and two, dated the
fifteenth day of November, one thousand nine hundred and
foiu", for improvements in apparatus for treating ferruginous
ore for the manufacture of iron and steel therefrom, and patent
number ninety-two thousand six hundred and three, dated the
eleventh day of April, one thousand nme hundred and five, for
processes of and apparatus for treating ferruginous ore for the
m; nufacture of iron and steel therefrom, issued under the seal
of the Patent Office; and whereas the said Montague Moore and
Thomas James Heskett have prayed that it be enacted as here-
inafter set forth, and it is expedient to grant the prayer of the
said petition: Therefore His Mejesty, by and with the advice
and consent of the Senate and House of Commons of Canada,
enacts as follows: —

1. Notwithstanding anything in The Patent Act, or in the Extension of
patents mentioned in the preamble, the failure to construct or ^^JScture
manufacture in Canada the inventions patented under the said '^^ Canada,
patents shall not be deemed to have affected the validity of
the said patents, but the time for such construction or manu-
facture shall be deemed to have been duly extended up to the
end of two years from the passing of this Act, and such exten-
sion shall have the same effect as if applied for and granted
within the time prescribed by The Patent Act,

ft. Notwithstanding anything in The Patent Act, or in theCommi».
patents mentioned in the preamble, the Commissioner of pat^ta^may

187 Patents ^'^



Digitized by



Google



2 Chap. 129. Moore & Heskett patents. 7-8 Edw. VII.

conditions of Patents may, within three months after the passing of this

manu acture. ^^^^ receive petitions for the making of, and may make,

orders that the said patents, instead of being subject to the

R.S., c. 69, conditions set forth in paragraph (a) of section 38 of The Patent

Act, shall be subject to the conditions set forth in paragraphs

(a), (6), (c) and (d) of section 44 of The Patent Act.

ri^hu^ved ^' ^^ ^^y persou, othcr than a licensee, has, in the period
8 8a\e . j^^^^gj^ ^YiQ fifteenth day of November, one thousand nine
himdred and six, and the twenty-sixth day of October, one
thousand nine himdred and seven, commenced to manufac-
ture, use and sell in Canada the invention covered by the said
patent number ninety thousand one himdred and two, or has
in the period between the eleventh day of April, one thousand
nine hundred and seven, and the twenty-sixth day of October,
one thousand nine hundred and seven, commenced to manu-
facture, use and sell in Canada the invention covered by the
said patent number ninety-two thousand six hundred and
three, such person may continue to manufacttire, use and seD
such inventions in as full and ample a manner as if this Act
had not been passed.



OTTAWA : Printed by Samuel Edward Dawson, Law Printer to the King's,
most Excellent Majesty.



1S8



Digitized by



Google




7-8 EDWARD VII.



CHAR 130.

An Act respecting the Montreal, Ottawa and Georgian
Bay Canal Company.

[Assented to Srd Aprils 1908.]

WHEREAS the Montreal, Ottawa and Georgian Bay Canal Preamble.
Company has by its petition prayed that it be enacted
as hereinafter set forth, and it is expedient to grant the prayer ilSe (2nd^'
of the said petition: Therefore His Majesty, by and with the SeM.), c. 11 ;
advice and consent of the Senate and House of Commons of 19S; c! 79?'
Canada, enacts as follows : — J52i' °- ?5i

' 1006, 0. 128.

1. Section 4 of chapter 128 of the statutes of 1906 is repealed, looe, c. 1^

2. The Montreal, Ottawa and Georgian Bay Canal Company -nme
may commence the construction of its canals, or some of them, •^'^^^.^
and expend fifty thousand dollars thereon, on or before the of muuJ.
first day of May, one thousand nine hundred and ten, and may

finish the said canals and put them in operation by the first
day of May, one thousand nine hundred and sixteen, and,
subject to the provisions of this Act, may, in connection with
such construction and operation, exercise all the powers granted
to the said Company by its Act of incorporation, chapter 103
of the statutes of 1894, and amendments thereof; and if such
construction is not so commenced and such expenditure is not
so made, or if the said canals are not finished and put in opera-
tion, on or before the said respective dates, the powers granted
to the said Company by Parliament shall cease and be null and
void as respects so much of the canals and works of the said
Company as then remams uncompleted.

3. Nothing in this Act shall affect or impair the rights of the Rishta of
Government of Canada, under or by virtue of the provisions of S^tSK^w
the section substituted by section 5 of chapter 128 of the statutes works.

of 1906 for section 43 of chapter 103 of the statutes of 1894.

OTTAWA : Printed by Samuel Edward Dawson, Law Printer to the King's
most Excellent Majesty.

189



Digitized by



Google



Digitized by



Google







7-8 EDWARD VII.



CHAP. 131.

An Act jespecting the Anglo-Canadian Insurance
Company^ and to change its name to the National
Union Insurance Company.

[Assented to 16th June, 1908.]

WHEREAS the An^o-Canadian Insurance Company, here- PnamUe.
inafter called "the Company," has by its petition prayed 1905^ o. 57.
that it be enacted as hereinafter set forth, and it is expedient^
to grant the prayer of the said petition: Therefore His Majesty,
by and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows: —

!• The name of the Anglo-Canadian Insurance Company, Corporate
hereinafter called " the Company/' is changed to "The National ShSSUd.
Union Insurance Company;" but such change of name shall not ^goe, c. 57.
in any way impair, alter or affect the rights or liabilities of the o- 1- '
Company, nor in any wise affect any suit or proceeding now
pending, or judgment existing, either by, or in favour of, or Existing
against the Company, which, notwithstanding such change in the ^^,
name of the Company, may be prosecuted, continued, completed
and enforced as if this Act had not been passed.

2. The head office of the Company shall hereafter be in the Head office
city of Toronto, in the province of Ctatario, instead of the city j^^^-
of Montreal, in the province of Quebec. .. 5/ ^' '



3. This Act, and the Company, and the exercise of the powers AppUcai
conferred by its Act of incorporation and this Act, shall be sub- ®^ '
ject to the provisions of The Insurance Act and of any general
Act relating to insurance passed during the present session of
Parliament; and in any respect in which the said Act of incor-
poration or this Act is inconsistent with those Acts, the latter
shall prevail.



»licatio«
34.



OTTAWA : Printed by Samui:l Edward Dawson, Law Printer to the King's
most Excellent Majesty.

191



Digitized by



Google



Digitized by



Google




7-8 EDWARD VII.



CHAP. 132.

An Act respecting the New Brunswick Southern •
Railway Company.

[Assented to 16th June, 1908]

WHEREAS the New Brunswick Southern Railway Company Preamble,
has by its petition represented that it was incorporated n.b., 1901,
by chapter 74 of the statutes of 1901 of New Brunswick, and 1903/ c. 102;
that certain other powers were conferred upon it by chapter
102 of the statutes of 1903 of New Brunswick, but inasmuch as
the lailway and works now owned and operated by the said
company were constructed by a company incorporated by the i8S9, c. 26.
Legislature of New Brunswick, and by a statute passed by the
Parliament of Canada declared to be for the general advantage Can., i896,
of Canada, it has hitherto been a matter of doubt whether the ®- ^'
railway of the said company is a Dominion or a provincial rail-
way, and it is deemed advisable that such doubt be removed;
and whereas the said company has prayed that it be enacted as
hereinafter set forth, and it is expedient to grant the prayer of
the said petition : Therefore His Majesty, by and with the advice
and consent of the Senate and House of Commons of Canada,
enacts as follows : —

1. In this Act, the expression "the Company," means the interpretar
body corporate and politic heretofore created by chapter 74**®*^

of the statutes of 1901 of New Bnmswick, under the name of
"The New Brunswick Southern Railway Company."

2. The railway which the Company, by the Acts mentioned Declaratory,
in the preamble, has been empowered to construct, undertake

and operate, is declared to be a work for the general advantage
of Canada.

3. Nothing in this Act, or in The Railway Act, shall invali- Powers
date any action heretofore taken by the Company pursuant to *»*^^""®**-

VOL. II — 13 193 powers



Digitized by



Google —



2 Chap. 182. New ^runsmck SmUhem Ry. Co. 7-8 Edw. VII.

powers contained in the Acts mentioned in the preamble, and
the powers and privileges granted by the said Acts are hereby
confirmed, subject to the conditions and obligations imposed
R. a, c. 37. by the said Acts: Provided that hereafter The Raihvay Act
shall apply to the Company and the said railway, to the exclu-
sion of any of the provisions of the said Acts mentioned in the
preamble which are inconsistent herewith and in lieu of any
general Railway Act of the province of New Bnmswick.

Snir rt 4. At a point west of the public landing at the foot of King

brid^^over Street, in the town of St. Stephen, to be approved by the Gov-
river ^ emor in Council, the Company may, for the purpose of connect-
ing with the Washington County Raibx)ad, in the state of
Maine, one of the United States, construct, maintain and iise
a bridge over the St. Croix river, with all the necessary ap-
proaches, both for railway purposes and for the passage of
pedestrians, vehicles, cars or carriages, propelled or drawn by
electrical, horse or other motive power, and may lay tracks
on the said bridge for the passage of railway and other cars,
and may charge tolls for the passage of cars, vehicles and pedes-
trians over the said bridge, but no toll or charge shall be de-
manded or taken until it has been approved of by the Board of
Railway Commissioners for Canada, who may also revise such
tolls and charges from time to time.

Rights of 5. Every railway company whose line has a terminus at

^m^aniea any point at or near either end of the said bridge, or whose
bridge °^ trains run to or from such point, or which rims its trains in con-
^ * nection with any railway having such terminus or running

trains to or from such point, whether such company is incor-
porated, by the Parliament of Canada, or by the lepslature of
any province of Canada, or by. authority in the sjtate of Maine,
or by the Congress of the United States, shall Jiave and be
entitled to the same and equal rights and privileges in the
passage of the said bridge, and in the use of the machinery and
fixtures thereof, and of all of the approaches thereto, without
discrimination- or preference, upon such terms and conditions as
are fixed by the Board of Railway Commissioners for Canada ;
and the said Board may make and enforce, such orders for the
purposes of carrying out the provisions of this section as it
thinks necessary.

Appoint- O. If the state of Maine, or the United States, shall, at any

SommSwion time after the final completion of the bridge, provide for the ajy-

to recuiat© poiutmeut of a commission for regulating the working of the

**" ^ " *®' said bridge, the use thereof, and the compensation to te made

therefor, and for settling any dispute in respect thereof, the

Governor in Council may join in the appointment of the said

commission on such terms as he thinks proper, and appoint

one or more persons as members of the said commission, and

194 in



Digitized by



Google



1908. New Brunsvrick Southern Ry. Co. Chap. 183. J

in the event of any such appointment, the said commissioners
shall have the power hereby conferred on the Governor in
Council.

7. Subject to the provisions of sections 361, 362 and 363 of ^^^**
The Railway Act; the Company may, for any of the purposes Orown and
specified in the said section 361, enter into agreements with ^^dmS^^^
the Government of Canada as respects the Intercolonial Railway

of Canada, or with the Maine Central Railway Company, the
Grand Trunk Pacific Railway Company, the Grand Trunk
Railway Company of Canada, the Canadian Pacific Railway
Company and the Canadian Northern Railway Company, or
any of them.

8. The said bridge shall be commenced within two years When bridge
after the Governor in Council and the Executive of the United SSi^enoed.
States, or other competent authority therem, has approved such
bridging, and shall be completed within five years thereafter,
otherwise the powers granted by this Act shall cease and be

null and void as respects so much of the undertaking as then
remains uncompleted : Provided, however, that if such approval ^''oviao.
is not obtained within five years after the passmg of this Act,
the powers granted for the construction of the said bridge shall
cease and be null and void.



OTTAWA : Printed by Samuel Edward Dawbon, Law Printer to the King's
most Excellent Maiesty.



VOL. II— 13i 195



Digitized by



Google —



Digitized by



Google




7-8 EDWARD VII.



CHAP. 133.

An Act respecting the Niagara Grand Island Bridge

Company.

[Assented to 17th March, 1908]

IITHEREAS the Niagara Grand Island Bridge Company has Pw»mbie.
' » by its petition prayed that it be enacted as hereinafter
set forth, and it is expedient to grant the prayer of the said
petition: Therefore His Majesty, by and with the advice and
consent of the Senate and House of Commons of Canada, enacts
as follows: —

1. The times limited by the Acts respecting the Niagara Time for
Grand Island Bridge Company for the commencement and com- Sf unde^k-
pletion of its midertaking, are hereby extended as follows: ^'^k <«*«^«*.
The work shall be commenced within two years after ah Act
of the Congress of the United States has been passed consenting
to or approving of the construction, maintenance and operation
of the bridge contemplated by the Company's Act of mcorpora-
tion, or within two years after the Executive of the United
States, or other competent authority, has consented to or
approved of such bridge, and shaU be completed within five
years after such commencement, otherwise the powers granted
by this Act shall cease and be null and void as respects so
much of the undertaking as then remains uncompleted: Pro-
vided, however, that if such consent is not obtained within
five years after the passing of this Act, the powers granted for
the construction of the said work shall cease and be null and
void.



OTTAWA : Printed by Samuel Edward Dawson, Law Printer to the King's
most Excellent liajesty.

197



Digitized by



Google



Digitized by VjOOQIC




7-8 EDWARD VII.



CHAR 134.

An Act respecting the Niagara, St. Catharines and
Toronto Railway C!ompany.

[Assented to 20th July, 1908.]

WHEREAS the Niagara, St. Catharines and Toronto Rail- Preamble,
way Company has by its petition prayed tiiat it be J|^' °- ^Jj
enacted as hereinafter set forth, and it is expedient to grant 1902I o*. 83;
the prayer of the said petition: Therefore His Majesty, by and J^^e' I'. 132!
with the advice and consent of the Senate and House of Commons
of Canada, enacts as follows: —

1. The Niagara, St. Catharines and Toronto Railway Com- Time for
pany may complete the railways which it has heretofore been of Twiwaya
authorized to construct, and put them m operation within five extended,
years after the passing of this Act; and if the said railways are

not completed and put in operation within the said period the
powers of construction conferred upon the said Company by
Parliament shall cease and be null and void with respect to so
much of the said railways as then remains uncompleted.

2. The said Company shall not operate its railway as a street Operation of
railway in any city or town without the consent, expressed by fn'^dtyor'^*^
by-law, of the corporation of such city or town. This section ^^^'^
shall not, however, be interpreted as impairmg any consent

already obtained in regard to any portion of the said railway
already in operation.

3. The said Company shall not construct or operate its rail- Crossings in
way along any street or highway, or upon or along any public SJ!^^*^*""
park, market, square, or other such public place in any mimici-

pality without the consent, expressed by by-law, of the said
municipality: Provided, however, that the portion already con-
structed shall not be subject to the provisions of this section.

199 4.



Digitized by



Google



Chap. 184. Niagara, St. C. & T. Ry. Co. 7-8 Edw. VII.

4. The following parts of Acts are repealed: Sc
chapter 132 of the statutes of 1905; subsection 2 ol
and section 4 of chapter 132 of the statutes of 1906.



t^iSw^' *• ''^ following parts of Acts are repealed: Section 1 of
o 132 ' chapter 132 of the statutes of 1905; subsection 2 of section 1,



OTTAWA : Priuted by Samuel Edward Dawson, Law Printer to tbe King's
most Excellent Majesty.



200



Digitized by



Google




^^A.^:



7-8 EDWARD VII.



CHAR 135.

An Act respecting the Nipissing Central Railway
Company.

[Assented to 16th June, 1908,]

WHEREAS the Nipissing Central Railway Company has by Preamble,
its petition prayed that it be enacted as hereinafter set i907, c 112.
forth, and it is expedient to grant the prayer of the said petition:
Therefore His Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts as follows : —

1. Section 1 of chapter 112 of the statutes of 1907 is hereby Ncwb. 1



Online LibraryCanadaActs of the Parliament of the Dominion of Canada → online text (page 91 of 99)