Page:United States Statutes at Large Volume 57 Part 2.djvu/790

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1426 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [57 STAT. addressed to or binding on the Dominion company or B. C . company during the term of the lease will be complied with; (b) arrangements will be made to provide for the payment during the term of the lease of all taxes and of all assessments, contributions and other levies in respect of workmens' compensation or unemploy- ment insurance in the same manner and to the same extent as if the said part of the railway were operated during the term of the lease by the Dominion and B. C. companies and for all such purposes the operation and maintenance of the part of the said railway in Canada shall be deemed to be carried on during the term of the said lease on behalf of the said companies subject to any special arrangement made between the Government of the United States and the Government of Canada or of the Government of the Province of British Columbia; (c) any claim of any person in respect of loss or damage in any way arising out of the operation or maintenance of the said railway in Canada during the term of the lease will be dealt with as a claim against the company which is the owner of the part of the railway with respect to the operation or maintenance of which the claim is made and for such purpose and for the purpose of any legal proceed- ings in respect thereof the said part of the railway will be deemed to be operated and maintained by the said company during the term of the lease and all persons engaged in such operation or maintenance by the Government of the United States will be deemed to be agents or officers, servants or employees, as the case may be, of the said company; (d) the railway will be operated and maintained during the term of the lease as a common carrier under the law in force in Canada applicable thereto and will carry all normal traffic and render all normal services and the interests of Canadian users of the railway will not be prejudiced by reason of the lease; (e) if provision is made for the carrying into effect of the said lease in the foregoing manner, the Government of the United States will indemnify and keep whole the said companies in respect of any liability incurred by such companies by reason thereof. THEREFORE, His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, concurred in by the Minister of Transport, and under and by virtue of the powers conferred on the Governor in Council by the War Measures Act, Chapter 206, Revised Statutes of Canada, 1927, is pleased to order and doth hereby order as follows,- 1. Notwithstanding any provisions to the contrary in the laws in- corporating the British Yukon Railway Company and British Colum- bia - Yukon Railway Company or in the Railway Act of Canada or in any other law in force in Canada; (a) the British Yukon Railway Company and the British Columbia-Yukon Railway Company are, subject to the provisions of paragraph 2 of this Order, empowered and authorized to lease the railways owned by such companies respectively, to the United States of America for the duration of the state of war now existing;