An Act to Incorporate the Comox Logging and Railway Company
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1910. COMOX LOGGING AND RAILWAY COMPANY CHAP. 63. INCORPORATION. CHAPTER 63. An Act to Incorporate the Comox Logging and Railway Company. [10th March, 1910.] HEREAS a petition has been presented praying for the Preamble. W incorporation of a company to engage in and carry on a general logging business and works incidental thereto by donkey engines or other machinery, or mechanical means operated by steam or other power, and with power to construct, equip, and maintain any railway or tramway of standard or other gauge, to be operated by steam, electricity, or other motive power, for the conveyance of passengers and freight from a point on the foreshore of Comox Harbour, Comox District, Vancouver Island, situate about seven hundred and fifty feet east from the south-easterly corner of Lot 82; thence running in a general north-westerly direction for a distance of about twenty miles to a point on the south-easterly end of Campbell Lake, in the said district; with power to construct, equip, maintain, and operate branch lines connected with the said railway or tramway, and to construct, operate, and maintain all necessary bridges, roads, ways, and ferries, and to build, acquire, own, and maintain wharves and docks in connection therewith; and to build, acquire, own, equip, and maintain steam and other vessels and boats, and operate same in any navigable waters; with power to build, acquire, own, operate, and maintain telegraph and telephone lines in connection with the said railway and branches, and to transmit messages for commercial purposes, and to charge tolls therefor; and to generate and sell electricity for the supply of light, heat, and power; and to exercise such powers as a power company may exercise by virtue of the " Water Act "; and with power to expropriate lands for the purposes of the company, and to acquire lands, timber limits, 493 CHAP. 63. COMOX LOGGING AND EAILWAY COMPANY 10 ED. 7 INCORPORATION. timber, and other property necessary or convenient for or incidental to the purposes of the company; and to acquire loans, money, bonuses, privileges, or other aids from any Government, municipal corporation, or other persons or bodies; to levy and collect tolls from all persons passing over such roads, railways, tramways, ferries, wharves, and vessels built or operated by the company; and with power to connect with and make traffic or other arrangements with or acquire running powers over any railway, tramway, steamboat, or other companies, and with such other powers and privileges usual or incidental to all or any of the aforesaid purposes; and it is expedient to grant the prayer of the petition, except that the said railway shall not extend in a north-westerly direction beyond a point on Lower Campbell Lake, and shall be operated only as a private logging railway of the company, without the power to carry on a general express, freight, or passenger business: Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:— incorporation. 1. Alexander D. McRae and Randolph J. McRae, of the City of Vancouver, together with such persons as become shareholders in the company hereby incorporated, are hereby constituted a body cor porate under the name of " Comox Logging and Railway Company " (hereinafter called "the Company"). Head office. 2. The head office of the Company shall be situate at Fraser Mills, British Columbia, but may be changed to such other place in British Columbia as is fixed by by-law passed at an annual general meeting or at any special meeting. capital stock. 3. The capital of the Company shall be two hundred and fifty thousand dollars, divided into two thousand five hundred shares of one hundred dollars each, with power to increase the same from time to time as the directors of the Company may determine, and to divide the shares in the capital for the time being, whether original or increased, into several classes, and to attach thereto respectively any preferential, deferred, qualified, or special rights, privileges, or conditions, and such portion thereof as may be necessary shall be applied in payment of the costs and expenses of and incidental to the incorporation of the Company, and any expenses that may be incurred by the provisional directors. Liability on shares. 4. The stock of the Company shall be personal property. No shareholders of the Company shall be in any manner liable to or be chargeable or charged with the payment of any debt or demand due by the Company for any sum beyond the amount unpaid on his, her, or their subscribed shares in the capital stock of the Company. 494 1910. COMOX LOGGING AND RAILWAV COMPANY CHAP. 63. INCORPORATION. 5. The said Alexander D. McEae and Eandolph J. McEae shall be Provisional and are hereby constituted the provisional directors of the Company, and shall hold office until other directors shall be appointed or elected under this Act, and shall have power to open a share-book and procure subscriptions of shares for the undertaking. 6. The first annual general meeting shall be held at the offices of First annual meet- the Company on the eleventh day of May, 1010, and a general meeting of shareholders shall be held thereafter once at least in every year, at such time and place as may be determined by the Company in general meeting. 7. The Company shall have power, exercisable by the directors Borrowing powers. after being authorised in the premises under a resolution passed by a majority vote of the shareholders, to borrow money for the purpose of carrying out the objects of its incorporation, and to execute mortgages and pledges of its real and personal property, rights, and powers; to issue debentures and bonds or other evidences of indebted ness secured by mortgage or pledge or otherwise; to sign bills, notes, contracts, and other evidences of or securities for money borrowed or to be borrowed for the purposes aforesaid, and to pledge or deposit - bonds or debentures as security for money owing by the Company or to be advanced on the security of such bonds or debentures. 8. The Company is hereby granted the following rights, powers, other powers. and privileges, namely:— (a.) To carry on and engage in a general logging and lumber ing business and works incidental thereto, and to use and employ in connection with its operations and works donkey engines and other plant, machinery, and mechanical appliances operated by steam, electricity, or other motive power: (&.) To build, purchase, own, maintain, and operate sawmills, shingle-mills, pulp-mills, factories, and other works, and to buy, sell, prepare for market, and deal in timber and wood of all kinds, and to manufacture and deal in articles of all kinds in the manufacture of which timber or wood is used: (c.) To hold, lease, purchase, or otherwise acquire, improve, and operate lands, buildings, machinery, mills, factories, timber leases, timber licences, timber limits, timber, and other lands and works, and to dispose of the same or any interest therein by sale or otherwise: (d.) To enter into contracts with any person, persons, or body corporate for the logging or clearing of any timber or lands by any of the modes or methods hereby authorised, and upon such terms as the Company may think fit: 495 CHAP. 63. COMOX LOGGING AND KAILWAY COMPANY 10 ED. 7 INCORPORATION. (e.) To stake, apply for, purchase, or otherwise acquire water and water records, and to enjoy and exercise all the rights, powers, and privileges of a power company under Part IX. of the " Water Act," or any statutory modification thereof: (/.) To apply for, purchase, lease, or otherwise acquire, build, construct, operate, use, and work foreshore lands and lands under water, booms, booming grounds, rafting privileges, and other works incidental thereto; and to charge and collect from persons whom the Company may permit to use the same reasonable tolls therefor: (g.) To purchase, own, construct, charter, equip, navigate, work, and sell steamboats, tug-boats, rafts, scows, barges, and other boats and vessels on the waters of British Columbia: (h.) To purchase, construct, own, lease, use, and sell docks, wharves, warehouses, and other works convenient or incidental to the business of the Company, and to charge and collect from persons whom the Company may permit to use the same reasonable tolls therefor: (i.) To lay out, construct, and operate a railway of standard or other gauge, to be operated by steam electricity, or other motive power, from a point on the foreshore of Comox Harbour, Comox District, Vancouver Island, situate about seven hundred and fifty feet east from the south-easterly corner of Lot Eighty-two (82) in the said district; thence running in a general north-westerly direction or by the most feasible route to a point on the south side of Lower Campbell Lake, in the said district, but so that neither the said railway, nor any branches thereof, shall enter upon Lot Forty-eight (48), Say ward District; with power to lay out, construct, equip, operate, and maintain branch lines not exceeding ten miles in a direct line from the main line of railway, and all necessary bridges, tunnels, roads, ways, and ferries: Provided, however, that notwithstanding any thing to the contrary hereinbefore stated, the Company shall have the right to lay out, construct, and "operate branch lines of such length as they may desire so long as any excess over ten miles in length of such branch line shall be wholly within the property owned by the Company: (j.) To purchase, lease, or otherwise acquire and operate the whole or any part of the assets, property, and rights of the Comox and Campbell Lake Tramway Company, which Company is hereby authorised and empowered to contract with the Company for any of the purposes aforesaid: (&.) To enter into any agreement or arrangement with any other railway or tramway company for obtaining running 496 1910.