Company not construction form to the like effect; and for the purpose 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 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. 42. The Company shall not have power to acquire any to commence land, or to commence the construction of the railway hereby until allowed authorized until after such day as shall be fixed by Proby proclama- clamation of the Governor in Council. tion. SCHEDULE A. FORM OF DEED OF SALE. Know all men by these presents, that I, A.B., in "con-sideration of paid to me by the Canadian Western Pacific Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell and convey unto the said "The Canadian Western 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. CHAP. 74. An Act to amend the Act incorporating the Canada Car and Manufacturing Company. [Assented to 8th April, 1875.] WHEREAS the Canada Car and Manufacturing Company Preamble. have prayed for certain amendments to the Act relating to the said Company passed in the thirty-sixth year of Her Majesty's reign, chapter one hundred and fourteen, 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: 36 V., c. 114. 1. Section three of the said Act is hereby amended by Proviso added adding to it the following words:-"Provided always that to section 3 of the said number of Directors may at any time be reduced to not less than five by a by-law of the Company passed by a two-thirds majority of shareholders present in person or by proxy at a general meeting specially called for that purpose; and any of the powers of the Board may be exercised by resolution instead of by by-law." 2. Section thirteen of the said Act is hereby amended by Section 13 of inserting the words "twice a week" after the word "pub- 36 V., c. 114, lished" in the fourteenth line of the said section. amended. CHAP. 75. An Act to incorporate the "Dominion Railways, Equipment Company." [Assented to 8th April, 1875.] HEREAS the Honorable James Skead and William Preamble. McKay Wright, of the City of Ottawa, James Saurin McMurray, James David Edgar, Thomas Richard Fuller and George Taylor Denison, of the City of Toronto, and John M. Vernon, of the City of Montreal, have, by their petition, prayed for an Act to incorporate a Company under the name of the "Dominion Railways' Equipment Company," for the purpose of buying, manufacturing, erecting, selling and leasing locomotive engines and machinery, rolling stock, stations, storehouses, elevators, workshops and other buildings and erections used and required by railway companies, and for the powers necessary to carry out the undertaking, Incorporation. undertaking, 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 said the Honorable James Skead, William McKay Wright, James Saurin McMurray, James David Edgar, Thomas Richard Fuller, George Taylor Denison and John M. Vernon, and such other persons as shall become shareholders in the Company hereby incorporated shall be, and they are hereby constituted a body politic and corporate by the name of "The Dominion Railways' Equipment Comname and ge- pany," and by that name shall have perpetual succession and a common seal, with power to break and alter the same at pleasure, and by that name may sue and be sued, plead and be impleaded in all courts whatsoever. Corporate neral powers. Capital and shares. When to commence business. Objects and business of the company. may acquire 2. The capital stock of the Company shall be one million dollars divided into ten thousand shares of one hundred dollars each and may be increased by an amount not exceeding one million dollars in the manner hereinafter provided. When and as soon as two hundred thousand dollars of the said capital stock have been subscribed and not less than fifty thousand dollars bona fide paid thereon into one of the chartered banks in Canada the Company may go into operation. 3. The Company may buy and manufacture locomotives and other steam engines, also all kinds of machinery and appliances used by railway companies, also railway cars and all other kinds of rolling stock used on railways, in connection with their works; and the Company may sell or lease any of such property in this section mentioned to any person, railway company or corporation whatsoever, and in each and every case of a sale or lease the terms thereof as to payment of purchase money, and the interest to be paid thereon, or the rental and the times and mode of payment thereof, as the case may be, may be such as the Company and the railway company, corporation or person making any such purchase or taking any such lease may fix and agree upon. Company 4. The Company shall have power from time to time to real property purchase any real estate in any part of Canada which for their own shall be necessary for their business; and as often as any use. property so acquired ceases to be necessary for the purposes of the Company they shall sell, or otherwise dispose thereof. The Company may also, from time to time and as their business may require, purchase, lease or build any workshops, machinery or other works and appliances, in any part of Canada which shall be necessary for their purposes or for the exercise of the powers by this Act conferred; and the the same or any part of them, when the Company find it expedient, shall be sold, or otherwise disposed of. companies the construc and take 5. The Company shall also have the right to enter into May make arrangements with any railway company or person for the arrangements construction of any station or stations, warehouses, work- with railway shops, elevators or other buildings, or erections, required by and others for any such railway company or person for the purposes of tion of works, their or his business; and the Company incorporated by this buildings, &c., Act shall for their outlay and services have the right to security on take security by way of mortgage or hypothec upon the lands, &c. lands and tenements upon which said works may be erected, or said machinery placed, or either, and on the said works and machinery,-which security may be for the payment of a fixed annual sum, payable in such payments, and at such times, and for such period, and in such manner as may be agreed upon,-and for the redemption or discharge of the said property at the times and in the manner in the said mortgage or hypothec mentioned, by the payment of the sum or sums of money in and by such mortgage or hypothec agreed on for that purpose. by company 6. All machinery and rolling stock sold or leased, How rolling while the purchase money remains unpaid or the same is stock leased under lease, as the case may be, shall have painted upon shall be each car or engine, as the case may be, the words "Do- marked. minion Railways' Equipment Company," or the letters "D. Rs. E. Co." 7. Except as hereinafter provided, any mortgage or Company to hypothec given by any railway company or person upon of claim on have priority any lands, tenements or premises, upon which any station, real property warehouse, workshop, or other erection or work, has been mortgaged to them, built or erected by the Company incorporated under this in certain Act, or for them, as the case may be, and the moneys cases. secured by such mortgage or hypothec shall be a first charge and lien upon the lands upon which such buildings and works shall stand, for the moneys payable under the said mortgage or hypothec as therein specified, and shall have priority over all other claims upon the said premises; and in any case where the security may be taken by conveyance of the lands upon which such improvements are made and a lease is given as is above provided, the rent secured by the said lease, and the moneys payable to the Company incorporated by this Act, for a conveyance of the property as redemption or purchase-money, shall likewise be a first charge or lien upon the said premises and property so leased, and shall rank and take priority over all other liens: Provided always, that no such mortgage, Proviso, as to hypothec, or lien, shall have priority over any existing right of bailleur de fonds, balance of purchase money or moneys specially secured on such lands, before the creation of the charge vendor. case of general mortgage. charge or lien authorized by this Act in favor of the said Company and provided further, in case of any general mortgage or lien upon the lands of any such railway comProviso: in pany existing before the creation of the mortgage, hypothec, or lien authorized by this Act, the said general mortgage, hypothec, or lien shall (to the extent of the actual value of the land occupied by any such buildings or erections, taken as it was before the construction of such buildings, works or erections), have priority over the mortgage, hypothec, or lien, above authorized, in favor of the Company incorporated by this Act; and in case it becomes necessary to ascertain the said value, and that the said value, or the mode of ascertaining the same, cannot be agreed upon between the Company hereby incorporated and the mortgagee, in every such case the proceedings to fix the said value, shall be the same as is provided in sub-section twelve and the subsequent sub-sections of section nine of "The Railway Act, 1868": Value beforeAnd after the said value is ascertained, sub-section six, improvements and the other sub-sections of the said section nine of "The Railway Act, 1868," shall apply, and the Company may avail themselves thereof for the purpose of being relieved from further responsibility in respect of the said value; and where arbitration is resorted to, and there is no person in Canada representing the said general mortgagee, the railway company shall be the parties upon whom the notice of arbitration may be served, and with whom the arbitration shall be had, and in respect of such arbitration the railway company shall act, and be considered as the trustee. by company, how ascer tained. Company may pay off gages. 8. It shall be lawful for the Company, in case it is so existing mort- agreed upon, to pay the purchase money for, or to pay off any mortgage or mortgages which may be upon any land required for any such works; and the Company may, on taking any such security from the railway company, add the same to the amount so to be secured, and in respect of which interest or a rental shall be paid as aforesaid. Company may purchase existing works, &c. from other parties not companies, and give security. 9. The Company may enter into arrangements with any person or corporation in the Dominion of Canada engaged in any of the lines of business above mentioned, and not being a railway company, for the purchase from such perbeing railway son or corporation of any or all the estate, real or personal, of such person or corporation, together with all tools, plant and material connected with the works so purchased, possessed by such person or corporation, or any part thereof, for such price, payable in such manner and at such times, as may by the Company and such person or corporation be agreed upon, and in respect of said purchase may give upon the same, security by way of mortgage or otherwise as may be deemed most expedient; and in case any person or persons, corporation or corporations so selling, for any part of the purchase money of any such property, are |