(8.) To pay for erection of fire hall on west side of Red (9.) To pay for school house to be erected on the west (10.) To retire debentures issued by the town of West (12.) To pay for two market buildings to be erected 9,500 7,000 20,000 25,000 10,000 (13.) To purchase the right-of-way of the C. P. Rail- 15,000 (14.) For school purposes on each side of the river to 10,000 Such debentures to create a valid debt on city. Expenditure hereafter to be to assessment (15.) For sidewalks and other street improvements on 8,000 127. All debentures issued pursuant to the said by-law and the coupons attached thereto for interest, shall create a valid and binding debt upon the said city to the respective holders thereof. 128. Hereafter the expenditure of the moneys of the proportioned city, shall after paying off the public debt and after paying on each side of for the maintenance of the bridges, be expended on each side of the river in proportion to the assessment of that portion of the city lying on each side of the river. river. Railway bridge. Agreement between Emerson and 129. The Towns of Emerson and West Lynne have entered into a certain contract for the building of a railway and traffic bridge over the Red River, within the limits of the city, and the City of Emerson shall assume the said contract and carry out the same, and the city shall be as liable thereunder to the contractor as fully and amply as if the said city were originally a party thereto. 130. It is declared that the Town of Emerson and West Lynne have legally entered into and executed an agreement West Lynne bearing date the 23rd day of June, A.D., 1883, and made between said Towns and the Canadian Pacific Railway Com- and the C. P. pany in respect of the construction of a line of railway from R. legalized. the Pembina Mountain Junction into the said Towns for certain considerations therein mentioned and the said agreement is declared to have been binding upon said Towns and shall and will be binding upon the city of Emerson hereby incorporated, which city shall observe and carry out the provisions of the same on the part of the part of the said Towns to be observed and carried out, and the said contract shall be construed and read as if the City of Emerson were the contracting party. respective mu nicipal elec for. 131. During the time which shall elapse after the Government of passing of this Act and the first municipal election as herein nicipalities provided for, that portion of the City of Emerson now known until first muas the Town of Emerson shall be governed by its present tion provided municipal government, and that part of the City of Emerson which is now known as the Town of West Lynne shall be governed by the municipal government now belonging to said Town of West Lynne, and the mayor and councillors and other officers of the said two Towns respectively shall be and remain the mayor, councillors and officers of the respective Town of which they are now mayor, councillors and officers respectively, and until the holding of such election they shall continue to be possessed of all the powers and authority of their respective offices. further 132. Immediately upon the holding of the said election After first elecand declaration of the result thereof by the returning-officer, tion mayor the respective mayors of the two Towns of Emerson and West ors to have no Lynne, and the respective councillors of said two Towns and authority. the respective other officers of said two Towns, shall cease to be the mayors, councillors and officers of such two Towns respectively, and cease to have any power and authority as such. estate belong become the the city. 133. Forthwith upon the passing of this Act, all the All the real real estate belonging to or vested in either of the said two ing to the two Towns shall forthwith be and become the property of the city towns to of Emerson, for all the estate and interest of the said respective property of towns or either of them; all contracts entered into for the benefit of either of said towns shall be deemed to have been entered into for the benefit of the city of Emerson, and the city of Emerson, shall have all the power to enforce the same as if the city were the contracting party. cipal books, personal pro 134 All books, papers and documents, and all personal Also all muniproperty of every nature and kind whatsoever, belonging to papers and said towns or either of them, shall immediately upon the documents, passing of this Act, become and be the books, papers, documents perty, etc. and property of the city of Emerson, and forthwith after the declaration of the result of the first election, the officers Present council to have no respectively in charge of the said town property shall deliver the same to the mayor of the city of Emerson. 135. Although the respective councils retain their gov ernmental powers until the first election under this Act as power to con- aforesaid, yet they shall not have the power of incurring any further liability or debt for their respective towns. tract further debts. Provision as to ments already made. 136. The Towns of Emerson and West Lynne have each made an assessment of the property within their respective boundaries for the year 1883, and this assessment of that portion of the city covered by the territory of said two towns shall be the city assessment thereof for the year 1883. 137. The municipalities of Montcalm and Emerson certain assess have already made an assessment of the portions thereof by this Act made to form a part of the city, and the assessments of those portions made as aforesaid shall be the city assessment for the year 1883 of such portions made a part of the city as aforesaid. tures to be Assessment on 138. The assessment required to be recited in and which deben- otherwise mentioned in the by-law for raising three hundred issued as men- and eighty-six thousand five hundred dollars, aforesaid, shall be the assessment for 1883, arrived at as provided in the next two preceding sections. tioned in sec. 126 to assessment for 1883. Provision as to taxes in to 1883. 139. All taxes in arrears for any years prior to the arrears prior year 1883, upon any of the lands forming a part of the city shall be payable to the City of Emerson and not otherwise, and such arrears shall be liable to the land tax for the year 1883, and the lands so in arrears shall be liable to be sold for such arrears in the year 1883, as provided in this Act. Collection of taxes of 1883. Interpretation. COLLECTION OF TAXES FOR 1883. 140. For the year 1883, the clerk of the city shall make the collector's roll, as provided by this Act, within three weeks after the first election of mayor and aldermen for the city, and he shall forthwith thereafter hand the said tax roll to the collector, and in all other respects he and the collector shall comply with the requirements of this Act for the collection of taxes as herein before provided. INTERPRETATION CLAUSE. 141. The word "Council" shall mean the mayor and aldmen of the City of Emerson. 142. This Act shall be deemed a public Act. (1.) The word "City" means the City of Emerson, CAP. LXXXI. An Act to incorporate The South-Western Junction Railway. [Assented to 7th July, 1883.] Whereas the construction of a railway from some point on Preamble. the line of the Manitoba South-Western Colonization Railway, at or near the Village of Carman, thence south or southwesterly to a point on the line of the Canadian Pacific SouthWestern Railway, through the Town of Nelson, between Minnewashta and Pembina River, is desirable; and whereas a petition has been presented for the incorporation of a company for the purpose of constructing and working the same; and whereas it is expedient to grant the prayer of such petition: Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Daniel Hunter McMillan, John W. Harris, William Mc- Names of corGregor, Thomas E. Scoble, William Murdoch, William Nassau porators. Kennedy, Robert McGregor, Corbet Locke, Thomas Duncan, Robert Roblin, William Farmer, and Andrew Lauchlin, together with all such persons and corporations as shall become shareholders in the company hereby incorporated, shall be and are hereby constituted a body corporate and politic, by and under the name of the South-Western Junction Railway. 2. The said company shall have power and authority to lay Power to conout and construct a railway as hereinbefore set forth. struct. directors and Subscription 3. The persons named in the first section of this Act, with Provisional power to add to their number, shall be and are hereby con- their authorstituted provisional directors of the said company, of whom ity. five shall be a quorum, and shall hold office as such until the first election of directors under this Act, and shall have power forthwith to open stock books and procure subscriptions of stock for the undertaking, giving at least four weeks' previous of stock. notice by advertisement in the Manitoba Gazette of the time and place of their meeting to receive such subscription of stock; and they shall have power to receive payments on plans, account of stock so subscribed, and to cause plans and surveys veys, &c. to be made, and to acquire any plans and surveys now existing, and to deposit in any chartered bank of Canada all moneys received by them on account of stock subscribed, and to withdraw the same solely for the purpose of the undertaking, and Power to reto receive on behalf of the company any grant, loan, bonus or ceive grants in gift made to it in aid of the undertaking, and to enter into aid of underany agreement respecting the conditions or disposition of any gift or bonus in aid of the railway. taking. sur Capital stock, how divided and applied. be paid up. 4. The capital stock of the company shall be five hundred thousand dollars, to be divided into shares of one hundred dollars each; and the money so raised shall be applied in the first place to the payment of all fees, expenses and disbursements for procuring the passage of this Act, and for making the plans and estimates connected with the works hereby authorized, and all the remainder of such money shall be applied to the making, completing, equipping and maintaining of the said railway and other purposes of this Act. Per centage to 5. No subscription of stock in the capital of the company shall be legal or valid unless ten per centum shall have been actually and bona fide paid thereon within thirty days after subscription into one or more of the chartered banks of Canada, to be designated by the directors, and such ten per centum shall not be withdrawn from such bank or otherwise applied, except for the purposes of such railway, or upon the dissolution of the company from any cause whatever. Bonuses in aid of construction, &c. General meeting after one 6. The said company may receive from any government, person or body corporate, in aid of the construction, equipment and maintenance of the said railway, grants of land, bonuses, loans or gifts of money or securities for money. 7. When and so soon as shares to the amount of one fifth of stock hundred thousand dollars in the capital stock of the said subscribed for. company have been subscribed, and fifteen per centum paid thereon bona fide, the provisional directors shall call a general meeting of the subscribers to the said capital stock at the city of Winnipeg, as they shall deem most convenient, for the purpose of electing directors of the said company, giving at least four weeks' previous notice by public advertisement in some daily paper published in the city of Winnipeg, and also by a circluar addressed by mail to each subscriber (when his or her address is known) of the time, place and purpose of the said meeting; provided always that the directors so elected may by by-law or resolution passed by them close the stockbooks after shares to the said amount of one hundred and twenty-five thousand dollars, shall have been subscribed, and may, from time to time, re-open the said stock-books and receive subscriptions for additional shares of stock up to the limit authorized by this Act, when and as the same shall be required for the purposes of the company. Qualification of directors. 8. No person shall be elected a director of the company unless he shall be the holder and owner in his own right or as trustee for any corporation of at least forty shares in the stock of the company, and shall have paid up all calls thereon. |