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An act respecting railways 1888

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Array CHAP. 29.
^H
AN ACT RESPECTING RAILWAYS
mm
.. ^/
The University of British Columbia Library
THE
CHUNG
COLLECTION
TORIA.
r\P.   29.
ecting Railways.
[Assented to 22nd May, 1888.J
Jth the advice and consent of the
JLL Senate and House of Commons of Canada, enacts a&
follows •—
SHORT TITLE.
Short title.        !• This Act may be cited as " The Railway Act?
Interpretation. I
"Company."
"County."
"Court."
"Department.' I
"Deputy."
" Goods."
I Highway."
" Inspecting
Engineer."
INTERPRETATION.
2. In this Act and in the special Act incorporating any
railway cpmpany to which this Act or any part thereof
applies, unless the context otherwise requires,—
(a.) The expression " company | means a railway company, and includes any person having authority to construct
or operate a railway ;
(b.) The expression " county*' includes any county, unioE
of counties, riding, or like division of a county in any Province or, in the Province of Quebec, any division thereof into
separate municipalities;
(c.) The expression "court" means a superior court of
the Province or district;
(d.) The expression " department | means the Department
of Railways and Canals ;
{e.) The expression " deputy " means the Deputy of the
Minister of Railways and Canals;
(/.) The expression " goods § includes things of every
kind that may be conveyed upon the railway, or upon
steam vessels or other vessels connected with, tne railway -r
(g\) The expression " highway " includes any public road,
street, lane or other public way or communication;
{h.) The expression "inspecting engineer" means an
engineer who is directed by the Railway Committee or
by the Minister to examine any railway or works, and
includes two or more engineers when two or more are
so directed ;   "
140 (f\)
11
r 1889. The Railway Act. Chap  -9 2.
(*.) The expression "judge" means a judge of a superior "Judge."
court ;
(j.) The expression "justice I means a justice of the "Justice."
peace acting for the district, county, riding, division, city
or place where the matter requiring the cognizance of a justice arises, and who is not interested in the matter; and
when any matter is authorized or required to be done by
two justices, the expression I two justices " shall be under- " Two justi-
stood to mean two justices assembled and acting together ; ces*
(k.) The expression "lands" means the lands,  the ac- "Lands."
quiring, taking or using of which is incident to the exercise
of the powers given by this or the special Act, and includes
real property, messuages, lands, tenements and hereditaments of any tenure ;
(I.) The expression "lease " includes an agreement for a "Lease."
lease;
(m.) The expression " map or plan " means a ground plan "Map or
of the lands and property taken or intended to be taken ; Plan*'
(n.) The expression " Minister 1 means the Minister of " Minister."
Railways and Canals;
(o.) A railway shall be deemed to come " near " to another "Near."
when some part of the one is within one mile of some part
of the other ;
(p.) The expression "owner," when, unc]er the provisions "Owner."
of this Act or the special Act, any notice is required to be
given to the owner of any lands, or when any act is authorized or required to be done with the consent of the owner,
means any person who, under the provisions of this Act or
the special Act, or any Act incorporated therewith, would
be enabled to sell and convey lands to the company;
(q.) The expression "railway" means any railway which "Railway."
the company has authority to construct or operate, and
includes all stations, depots, w^harves, property, and works
connected therewith, and also any railway bridge or other
structure which any company is authorised to construct
under a special Act;
(r.) The expression "theRailway Committee" means the "Railway |
Railway Committee of the Privy Council; ommi
(s.) The expression " sheriff" means the sheriff of the "Sheriff."
district, county, riding, division, city or place within which
are situated any lands in relation to which any matter is
required to be done by  a sheriff, and includes an under-
sheriff or other lawful deputy of the sheriff;
(t.) The  expression " Special Act  "   means-   any  Act "Special
under which the company has  authority to  construct or
operate a railway, or which is enacted with  special reference to such railway, and includes all such Acts ;
(u.) The expression "toll" includes  any rate or charge "Toll."
made for the conveyance of any passenger, goods, or carriage,
or for the collection, loading, unloading, cording or delivery
of goods, or for warehousing or wharfage, or other services
incidental to the business of a carrier ;
m 141 (v.)
y I M tr~? jj A*J^t  '-. *Zrf\r*~</p 3
Chap. 29.
The Railway Act.
51 VlCT
"The undertaking."
" Working
"Traffic." (v.) The   expression   "traffic"   includes  not  only pas
sengers and their baggage, goods, animals and things conveyed by railway, but also cars, trucks and vehicles of any
description adapted for running over any railway ;
(w.) The expression " the undertaking " means the railways and works, of whatsoever description, which the
company has authority to construct or operate;
(x.) The expression "working expenditure" means and
expen lture. inciU(jes an expenses of maintenance of the railway, and of
the stations, buildings, works and conveniences belonging
thereto, and of the rolling and other stock and movable
plant used in the working thereof, and also all such tolls,
rents or annual sums as are paid in respect of property
leased to or held by the company, apart from the rent of
any leased line, or in respect of the hire of engines, carriages or wyaggons let to the company ; also, all rent charges
or interest on the purchase money of lands belonging to
the company, purchased but not paid for, or not fully paid
for; and also all expenses of or incidental to working the
railway, and the traffic thereon, including stores and consumable articles ; also, rates, taxes, insurance and compensation for accidents or losses; also, all salaries and wages
of persons employed in and about the working of the railway and traffic ; and all office and management expenses,
including directors' fees, agency, legal and other like expenses ; and generally all such charges, if any, not above
otherwise specified, as in all cases of English railway companies are usually carried to the debit of revenue, as distinguished from capital account;
When lands (y.) When any matter arises in respect of any lands
wholly in "one wni°n are ^e property of one and the same person, and
district. which are not situate wholly in any one district, county,
riding, division, city or place, the expressions "clerk of the
peace," "justice" and "sheriff" respectively, mean any
clerk of the peace, justice or sheriff for any district, county,
riding, division, city or place within which any portion of
such lands is situate; and the expressions " clerk of the
peace" and " sheriff" respectively include the like persons
as in other cases.
APPLICATION OF THE ACT.
ication
Applicati
or Act,
m This Act, subject to any express provisions of the
special Act, and to the exception hereinafter mentioned,
applies to all persons, companies and railways within the
legislative authority of the Parliament of Canada, except
Government railways.
Andofcer-        4. In addition, all the provisions of this Act relating to
sfoXJreof. anY subject or matter within the legislative authority of the
Parliament of Canada, and for greater certainty but not so
as to restrict the generality of the foregoing terms, all pro-
142 visions "^
1888. The Railway Act. Chap. 29.
visions relating to railway crossings and junctions, offences
and penalties and statistics apply to all persons, companies
and railways whether otherwise within the legislative
authority of Parliament or not.
5. The  provisions of this Act, from section thirty-two Application
to section eighty-nine, both inclusive, do not apply to every to89?tl0ns32
company and railway within the legislative authority of
the Parliament of Canada, but apply to—
(a.) Every company whose authority to construct or
operate any railway is derived from the Parliament of
Canada, and to every railway constructed or to be constructed under the authority of any Act passed by the
Parliament of Canada ;
(b.) Every company and railway to which such provisions are made applicable, as hereinafter provided :
2. Such provisions  shall, in so far as they are applicable To form part
to the undertaking, and unless they are expressly varied or of8PeciaIAct*
excepted therefrom by the special Act, be incorporated with
the special Act, form part thereof, and be construed therewith as forming one Act:
3. Any of such provisions may be excepted from incor- Exception of
poration with the special Act, by enacting, in such special gfjn^u prori"
Act, that the sections of this Act proposed to be excepted,
referring to them by the numbers which they bear respectively, shall not be incorporated with such special Act,
which shall thereupon be construed accordingly.
6. If in any special Act it is provided that any pro- 4s t0 excep-
visions of any general Railway Act in force at the time of the force.n°W m
passing of the special Act is excepted from incorporation
therewith, or if the application of any such provision is
extended, limited or qualified, the corresponding provision
of this Act shall be excepted, extended, limited or qualified
in like manner.
SECTIONS WHICH MAY BE MADE APPLICABLE TO ANY RAILWAY
WITHIN THE LEGISLATIVE AUTHORITY OF PARLIAMENT.
7. Any company within the legislatiye authority of the How certain
Parliament of Canada, to which the provisions of sections may be made
thirty-two to eighty-nine both inclusive of this Act are not, applicable to
or are not clearly and without question, applicable, may ^subject
apply to the Governor in Council for an order to make the to them,
same with or without exceptions or qualifications applicable
to such company ; and the Governor in Council, upon proof
that notice of such application has been inserted for four
weeks in the Canada Gazette, may order and declare
that the provisions of sections thirty-two to eighty-nine
both inclusive of this Act, with such exceptions and
qualifications as to the Governor in Council appear just,
shall thereafter apply to such company and its railway; and
143 such I
Chap. 29
The Railway Act.
51 Yict.
such order shall be published in the Canada Gazette and
a copy thereof laid before Parliament within fourteen days
after the next meeting thereof.
Constitution
of Railway
Committee.
Secretary.
Powers.
Rate of speed
in cities, &c.
Steam whistle.
Safety of employees, &c.
Penalties.
Other liability
not affected.
THE RAILWAY COMMITTEE.
S. The Railway Committee of the Privy Council shall
consist of the Minister of Railways and Canals, who shall
be chairman thereof, of the Minister of Justice and of two
or more of the other members of the Queen's Privy Council
for Canada to be from time to time appointed by the
Governor in Council, three of whom shall form a quorum ;
and such committee shall have the powers and perform the
duties assigned to it by this Act.
9. The deputy of the Minister of Railways and Canals,
or some other fit person appointed by the Committee, shall
be secretary of the Committee.
10. The Railway Committee may,—
(a.) Regulate and limit the rate of speed at which railway
trains and locomotives may be run in any city, town or
village, or in any class of cities, towns or villages described
in any regulation ; limiting, if the said Railway Committee
thinks fit, the rate of speed within certain described portions
of any city, town or village, and allowing another rate of
speed in other portions thereof,—which rate of speed shall
not in any case exceed six miles an hour, unless the track is
properly fenced ;
(b.) Make regulations with respect to the use of the steam
whistle within any city, town or village, or any portion
thereof;
. (c.) Make regulations with respect to the method of passing from one car to another either inside or overhead, and
for the safety of railway employees while passing from one
car to another and for the coupling of cars ;
(d.) Impose penalties, not exceeding twenty dollars for
each offence, on every person who offends against any regulation made under this section,—which penalties shall be
recoverable upon summary conviction :
2. The imposition of any such penalties shall not lessen
or affect any other liability which any person may have
incurred.
What matters     11. The Railway Committee shall have power to enquire
Committee     *nt°> h*3-* &n& determine any application,   complaint  or
may hear and dispute respecting,—
Wghtofway.     (a ) .-^ny right of way over or through lauds owned or
occupied by any company ;
(b.) Changes in location for lessening a curve, reducing a
gradient,- or benefiting the railway, or for other purposes
of public advantage;
144 (c.)
Change of
line. 1883. The Railway Act Chap. 29. 6
(c.) The construction of branch lines exceeding one quar- Branch lines,
ter of a mile in length, but not exceeding six miles ;
(d.) The crossing of the tracks of one company by the Crossing
tracks of another company ; tracks.
(e.) The alignment, arrangement, disposition or location of Location of
tracks; track*
(/.) The use  by one company of the tracks, stations or Use of tracks,
station grounds of another company;
{g.) The construction of works in navigable waters ; watere.m
(h.) The construction of railways upon, along and across Highways.
highways ;
(i.) The proportion in which the cost  of fencing the Cost of fen-
approaches to crossings on railways constructed or  under cing*
construction on the nineteenth of April, one thousand eight
hundred and eighty-four, shall be borne by the company
and the municipality or person interested ;
{j.) The  compensation to   be made   to  any person or Compensa-
<?ompany in respect of any work or meastire directed to be ortered w
made or taken, or the cost thereof, or the proportion of such
cost to be borne by any person or company ;
(k.) Tolls and rates for the transportation of passengers Tolls.
and freight ;
(/.) The adjustment of such tolls and rates between com- Adjustment
v I J of tolls.
p amies ;
(m.) Running powers or haulage ; Running
(n.) Traffic arrangements ; Traffic'
*(o.) Transhipment or interchange of freight; Tranship-
'(p.) Unjust preferences, discrimination or extortion ; Preferences
(q.) Any highway or street, ditch or sewer, water, gas or streets, sew-
other pipes or mains over or through lands owned or occu- ers, &c.
pied by the company ; or—
(r.) Any matter,  act or   thing, which  by this  or the General mat-
special Act is sanctioned, required to be done, or prohibited.ters'
H2* The Railway Committee or the Minister may appoint J^SlJ^
or direct  any person to make   an   enquiry  and   report be made,
upon any application, complaint or dispute pending before
such committee, or any matter or thing connected therewith
or incident thereto.
13. The Railway Committee, the Minister,  inspecting P0*?" m to
. .    . n .   Ihse.*  ■ i. jii ■£- i   _ .L        inquiry into
engineer, commissioner for enqwfry mto any accident or accident or
casualty, or person appointed to make any enquiry or re- casualty.
port, may—
(a.) Enter into aftd inspect any place ofc building being Entry-
the property or under the control  of any company, the
entry or inspection of which appears to it or him requisite ;
(b.) Inspect any Works, engines, cars, carriages or pro- inspection,
perty of the company ;
(c.) Require the attendance of all such persons as it or he Wltnesse«*
AMnkint to1 call before it or him and examine, and require
VOL. 1-^-10 145 answers 1 Chap. 29. The Railway Act. || 51 VlCTV
answers or returns to such enquiries as it or he thinks fit to
make;
Books,papers,     ^) Require the production of all books, papers, plans,
specifications,  drawings and documents relating to   the
matter before it or him ;
Oaths, (e.) Administer oaths, affirmations or declarations.
Drains, water 14. Whenever, after due notice of application therefor,
pip^s°onepro- *ne Railway Committee decides that it is necessary in the
perty of com- interest of any municipality that means of drainage should
pany. foe provided, or lines of water pipes or other pipes should be
laid, or streets made through, along, across or under any
works or lands of the company, it may, after hearing the-
parties, direct how and on what terms such drainage may
be effected, or water pipes or other pipes laid or streets
made; and thereupon such municipality may construct the
works necessary to carry out such direction, but only under
the supervision of such official as the Railway Committee appoints,—or at its option the Company may construct
such works under the like supervision; and the cost of con-
Expense, by structing such works, the cost of supervision, and the con-
whom borne, tinued maintenance of the same shall be paid by such
municipality, unless the Railway Committee direct that the
company bear some proportion thereof,—in which case the
company shall bear such proportion as the Railway Committee decides.
Compelling       15. The Railway Committee,  the Minister and every
attendance of        i • 1 i_   n    u xi_
witnesses, &c. such engineer, commissioner or person, shall have the
same power to enforce the attendance of witnesses and
to compel them to give evidence and produce the books,
papers or things which they are required to produce, as
is vested in any court in civil cases.
Payment of 16. Every person summoned to attend before the Railway Committee, or the Minister, or before any such engineer, commissioner, or person, shall receive the same fees
and allowances for so doing as if summoned to attend
before a court of civil jurisdiction in the Province in which
he is required to appear.
be^adnorder    *^* ^T °^ec^s^on or or<ler made by the Railway Com-
of court.       mittee under this Act may be made an order of the Exchequer Court of Canada, or of any superior court of any
Province of Canada, and shall be enforced in like manner
as any rule or order of such court.
Sston* °f de" *^* ^ke Railway Committee may review and rescind or
vary any decision or order previously made by it.
sCtftedmforbe      *•• The Railway Committee may, if it thinks fit,  at.
opinion.        the instance of any party to the proceedings before it, and
146     111181   ifc|§^S,uponi I
1888.        ' The Railway Act. Chap. 29. 8
upon such security being given as it directs, state a case in
writing for the opinion of the Supreme Court of Canada
upon any question which in the opinion of the Committee
is a question of law.
20. The Supreme Court of Canada shall hear and deter- Opinion to be
mine the question or questions of law arising thereon and     lvered-
remit the matter to the Railway Committee,  with the
opinion of the court thereon*
21. Subject to the provisions of section eighteen, every Decision finaL
decision and order of the Railway Committee shall be final:
Provided always, that either party may petition the Governor in Council, and the Governor in Council may, in his Appeal to
j.,. "ji t_j t-j Governor in
discretion, rescind, change or vary such order as he deems council.
just and proper. Bj
22. The costs of and incidental to any proceeding before 0osts-
the Railway Committee shall be in the discretion of the
Committee.
23. Every document purporting to be signed by the Certain docu-
chairman and secretary of the Railway Committee, or by evidence,
either of them, or by the Minister, shall be received in
evidence without proof of any such signature, and until
the contrary is proved shall be deemed to have been so
signed and to have been duly executed or issued by such
committee or by the Minister as the case may be.
24. Every decision and order of the Railway Committee Promulgation-
shall be considered as made known to the company by a commfttee.
notice thereof, signed by the chairman and the secretary of
the committee or by either of them and delivered to the
president, vice-president, managing director, secretary or
superintendent of the  company,  or at the  office of the
company; and every order of the Minister or of the inspect- And of minis*
ing engineer  shall be  deemed to be made known to the ing^nglnterT.
company by a notice thereof, signed  respectively by the
Minister or the engineer, and delivered as above mentioned.
25. Every company shall, as soon as possible after the Publication
receipt of any order or notice of the Railway Committee or pany.e C°m~
the Minister or the inspecting engineer, give cognizance
thereof to each of its officers and servants, by delivering
a copy to him, or by posting up a copy thereof in some place
where his work or his duties, or some of them, are to be
performed.
INSPECTING ENGINEERS.
26. Every company, and the officers and directors thereof, information
shall afford to any inspecting engineer such information to inspecting
VOL.  I—10J 147 as engineer. $
Chap. 29.
Tlie Railway Act.
51 YiCT.
Engineer to
be conveyed
by company,
-Ac.
Telegraph
operators to
obey his
■orders.
Proof of his
authority.
Penalty for
obstructing
inspecting engineer.
as is within their knowledge and power in all matters
inquired into by him, and shall submit to such inspecting
engineer all plans, specifications, drawings and documents
relating to the construction, repair or state of repair of the
railway or any portion thereof.
2.T. Every such inspecting engineer shall have the right,
while engaged in the business of such inspection, to travel
without charge on any of the ordinary trains running on
the railway, and to use the telegraph wires and machinery
in the offices of or under the control of any such company.
£8. The operators or officers employed in the telegraph
offices of or under the control of the company shall, without
unnecessary delay, obey all orders of any such inspecting
engineer for transmitting messages; and every such operator
or officer who neglects or refuses so to do shall, for every
such offence, be liable, on summary conviction, to a penalty
of forty dollars.
29. The production of instructions in writing, signed by
the chairman of the Railway Committee and the secretary
thereof or by either of them, or by the Minister, shall be
sufficient evidence of the authority of such inspecting
engineer.
SO. Every person who wilfully obstructs any inspecting
engineer in the execution of his duty is liable, on summary
conviction, to a penalty not exceeding forty dollars; and in
default of payment thereof forthwith, or within such time
as the convicting justice or justices of the peace appoint, to
imprisonment with or without hard labor for any term not
exceeding three months. ^§j
INCORPORATION.
<5ompanies to
have corporate powers.
31. Every company incorporated under a special Act
shall be a body corporate, under the name declared in the
special Act, and shall be vested with all such powers, privileges and immunities as are necessary to carry into effect
the intention and objects of this Act and of the special Act,
and which are incident to such corporation, or are expressed
or included in " The Interpretation Act."
OFFICES OF COMPANY.
Offices of the
company.
32. The head office of the company shall be in the place
designated in the special Act; but the board of directors
may establish one or more offices in other places in Canada
or elsewhere.
148
PROVISIONAL 1888, The Railway Act. Chap 29. 10
PROVISIONAL DIRECTORS AND THEIR POWERS.
33. The persons mentioned by name as such in the Provisional
special Act are hereby constituted provisional direct- theirpowers.
ors of the company, and of such provisional directors a
majority shall be a quorum, and the said provisional directors shall hold office as such until the first election of directors, and may forthwith open stock books and procure subscriptions of stock for the undertaking, and receive payments
on account of stock subscribed, and cause plans and surveys
to be made, and deposit in any chartered bank of Canada Moneys de-
moneys received by them on account of stock subscribed,—withdrawn*0
which moneys shall not be withdrawn, except for the pur- for certain
poses of the undertaking, or upon the dissolution of the ^fPoses
Company for any cause whatsoever.
34. If more than the whole stock has been subscribed Allocation of
the provisional directors shall allocate and apportion the st
authorized stock among the subscribers as they deem most
advantageous and conducive to the furtherance of the undertaking.
CAPITAL.
35. The capital stock of the company, the amount of Capital stock
which shall be stated in the Special Act, shall be divided and shares-
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 pass- Application
ing of the special Act, and for making the surveys, plans thereof-
and estimates of the works authorized by the Special Act;
and all the remainder of such money shall be applied to the
making, equipping, completing and maintaining of the said
railway, and other purposes of the undertaking.
36. So soon as twenty-five per cent., of the capital has First meeting
been subscribed, and ten per cent, of the amount subscribed ^harehold-
has been paid into some chartered bank in Canada, the provisional directors shall call a meeting of the shareholders of
the company at the place where the head office is situate,
at such time as they think proper,—giving the notice pre- Notice there-
scribed by section forty-one of this Act,—at which meeting of<
the shareholders who have paid at least ten per cent, on the
amount of stock subscribed for by them shall, from the Election of
shareholders possessing the qualifications hereinafter men- directors,
tioned,  elect the number of directors  prescribed by the
special Act.
37. The original capital stock of any company may, with How capital
the approval of the Governor in Council, be increased, from ££j££5j b°
time to time, to any amount, if such increase is sanctioned
by a vote, in person or by proxy, of the shareholders who
149 iiold 11
Chap. 29.
The Railway Act.
51 Vict.
Entry on
minutes.
hold at least two-thirds in amount of the subscribed stock
of the company, at a meeting expressly called by the directors for that purpose, by a notice in writing to each shareholder, delivered to him personally, or properly directed to
him and deposited in the post office at least twenty days
previously to such meeting, stating the time, place and
object of such meeting, and the amount of the proposed
increase; and the proceedings of such meeting shall be
entered in the minutes of the proceedings of the company,
and thereupon the capital stock may, with such approval,
be increased to the amount sanctioned by such vote.
38. Municipal corporations in any Province in Canada
duly empowered so to do by the laws of the Province, and
subject to the limitations and restrictions in such laws prescribed, may subscribe for any number of shares in the
capital stock of the company; and the mayor, warden, reeve
or other head officer of any such corporation holding stock
to the amount of twenty thousand dollars, or upwards, shall
be ex officio one of the directors of the company in addition
to the number of directors authorized by the special Act,
unless in such special Act provision is made for the representation of such corporation on the board thereof.
Paid up stock 39. The directors of the company elected by the share-
macertain8ued no^ers may make and issue, as paid up stock, shares in the
cases. company, whether subscribed for or not, and may allot and
hand over such stock in payment for right of way, plant,
rolling stock or materials of any kind, and also for the services of contractors and engineers ; and such issue and allotment of stock shall be binding on the company, and such
stock shall not be assessable for calls.
When and
how municipal corporations may
take stock.
Representation of corporations.
MEETINGS OF SHAREHOLDERS.
Annual meet-    40. A general meeting of the shareholders for the elec-
mg8, tion of directors and for the transaction of other business
connected with or incident to the undertaking, to be called
"the annual meeting," shall be held annually on the day
mentioned in the special Act; and other general meetings,
Special meet- to be called § special meetings," may be called at any time
»ngs. Dy the directors, or by shareholders representing at least
one-fourth in value of the subscribed stock, if the directors,
having been requested by such shareholders to convene such
special meeting, for twenty-one days thereafter fail to call
such meeting:
Where to be       2- All general meetings whether annual or special shall
1    i- be held at the head office of the company.
Notice of
meetings.
41. At least four weeks' public notice of any meeting
shall be given by advertisement published in the Canada
Gazette, and in at least one newspaper published in the place
150 where 1888. The Railway Act. Chap. 29. 12
where the head office is situate,—in which notice shall be
specified the place and the day and the hour of meeting ;
all such notices shall be published weekly, and a copy of Evidence.
such Gazette containing such notice shall, on production
thereof, be evidence of the sufficiency of such notice.
42. Any business connected with or incident to the Whatbusi-
undertakingmay be transacted at an annual meeting, except- transacted.
ing such business  as by this Act or the Special Act is
required to be transacted at a special meeting ; but no special
meeting shall enter upon any business not set forth in the
notice upon which it is convened.
43. The number of votes to which each shareholder Votes on
shall be entitled, on every occasion when the votes of the s ares*
shareholders are to be given, shall be in the proportion of
the number of shares held by him, and on which all calls
due have been paid.
42. Every shareholder, whether resident in Canada or Shareholders
elsewhere, may vote by proxy, if he sees fit, and if such p^oxy.0*6
proxy produces from his constituent an appointment in
writing,  in the words Or to the effect following, that is to
say \-r-
I, , of , one of the share- Form oi
holders of the , do hereby appoint , proxy*
of , to be my proxy, and in my absence, to vote or
give my assent to any business, matter or thing relating to
the undertaking of the said that is mentioned or
proposed at any meeting of the shareholders of the said company, in such manner as he, the said thinks proper.
In witness whereof, I have hereunto set my hand and seal,
the                day of                in the year
45. The votes by proxy shall be as valid as if the con- Votes by
stituents had voted in person; and every matter or thing proxy Ta
proposed or considered at any meeting of the shareholders
shall be determined by the majority of votes and proxies
then present and given ; and all decisions and acts of any Majority to
such majority shall bind the company and be deemed the govern« I
decisions and acts of the company.
PRESIDENT AND DIRECTORS.
46. A board of directors of the company to manage its Election of
affairs, the number of whom shall be stated in the special JjJjJ*^di"
Act, and a majority of whom shall form a quorum, shall be
chosen at the annual meeting; and if such election is not
held on the day appointed therefor, the directors shall cause
such election to be held at a special meeting duly called
for that purpose within as short a delay as possible after
the day so appointed.
151 47. 13
Chap. 29.
The Railway Act.
51 Vict.
As to votes at     47. No person shall vote on such subsequent day except
meje0ting!d     tnose wno would have been entitled to vote if the election
had been held on the day when it should have been held.
Vacancies, 4S. Vacancies in the board of directors shall be filled in
how filled.     ^.ne manner prescribed by the by-laws.
Qualification
of director.
49. No person shall be a director unless he is a shareholder, owning twenty shares of stock absolutely in his
own right, and has paid all calls due thereon, and is qualified to vote for directors at the election at which he is
chosen.
Vacancies by
death, &c,
how filled.
Term of office. 50. The directors appointed at the last election, or those
appointed in their stead in case of vacancy, shall remain in
office until the next ensuing election of directors.
51. In case of the death, absence or resignation of any of
the directors, others may, unless otherwise prescribed by
the by-laws, be appointed in their stead by the surviving directors ; but if such appointment is not made,
such death, absence or resignation shall not invalidate the
acts of the remaining directors.
52. The directors shall, at their first or at some other meeting after the election, elect one of their number to be the
president of the company, who shall always, when present,
be the chairman of and preside at all meetings of the directors, and shall hold his office until he ceases to be a director,
or until another president has been elected in his stead ;
and they may, in like manner, elect a vice-president, who
shall act as chairman in the absence of the president.
President.
Vice-president.
Quorum.
Acts of majority binding.
The directors, at any meeting at which not less than
a quorum are present, shall be competent to use and exercise all and any of the powers vested in the directors.
94. The act of a majority of a quorum of the directors
present at any meeting regularly held, shall be deemed the
act of the directors.
Votes of directors.
Directors sub-
i'ect to share-
lolders and
by-laws.
55. No director shall have more than one vote except the
chairman, who shall, in case of a division of equal numbers,
have the casting vote.
5Q. The directors shall be subject to the examination and
control of the shareholders at their annual meetings, and
shall be subject to all by-laws of the company, and to the
orders and directions from time to time made or given at
the annual or special meetings ; but such orders and directions shall not be contrary to any express directions or provisions of this Act or of the special Act.
152 57-
X 1888. The Railway Act. Chap. 29. 14
57. No person who holds any office, place or employment Disability of
in, or who is concerned or interested in any contract under tractors and*
or with the company, or is surety for any contractor, shall sureties.
be capable of being chosen a director, or of holding the
office of director, nor shall any person who is a director of
the company enter into, or be directly or indirectly, for his
own use and benefit, interested in any contract with the
company, other than a contract which relates to the purchase of land necessary for the railway, or be or become a
partner of or surety for any contractor with the company.
58. The directors shall make by-laws for the management By-laws to bo
and disposition of the stock, property, business and affairs made-
of the company, not inconsistent with the laws of Canada,
and for the appointment of all officers, servants and artificers, and prescribing their respective duties.
59. The directors shall, from time to time, appoint such Appointment
officers as they deem requisite, and shall take sufficient secur- security^ be
ity, by one or more bonds, or by the guarantee of any society given by
or joint stock company incorporated and empowered to grantthem*
guarantees, bonds, convenants or policies for the integrity
and faithful accounting of persons occupying positions of
trust, or for other like purposes, as they deem expedient,
from the managers and officers for the time being, for the
safe keeping and accounting for by them respectively of the
moneys raised by virtue of this Act and the special Act, and
for the faithful execution of their duties, as the directors
think proper.
60. In case of the absence or illness of the president, the When vice-
vice-president shall have all the rights and powers of the llffiiji
president, and may sign all notes, bills, debentures and other
instruments, and perform all acts which, by the regulations
and by-laws of the company, or by the special Act, are required to be signed, performed and done by the president.
61. The directors may, at any meeting of directors, require Absence of
the secretary to enter such absence or illness among the pro- (^J^^fS
ceedings of such meeting ; and a certificate thereof, signed minutes, *c.
by the secretary, shall be delivered to any person requiring
the same, on payment to the treasurer of one dollar, and such
certificate shall be taken and considered as primd facie evidence of such absence or illness, at and during the period in
the said certificate mentioned, in all proceedings in courts
of justice or otherwise.
62. The directors shall cause to be kept and, annually, on Annual state-
the thirtieth day of June, to be made up and balanced, paired!6
a true, exact and particular account of the moneys collected
and received by the company or by the directors or managers
thereof, or otherwise for the use of the company, and of
153 the
J «**-
Chap. 29.
The Railway Act.
51 Vict.
the charges and expenses attending the erecting, making,
supporting, maintaining and carrying on of the undertaking,
and of all other receipts and expenditures of the company or
the directors.
CALLS.
K
Calls and
notice there
of.
63. The directors may, from time to time, make such calls
of money upon the respective shareholders, in respect of the
amount of capital respectively subscribed or owing by them,
as they deem necessary; and at least thirty days' notice shall
be given of each call,—and no call shall exceed the amount
prescribed in the special Act, or be made at a less interval
than two months from the previous call,—nor shall a greater
amount be called in, in any one year, than the amount pre-
Hore than one scribed in the special Act; but nothing herein contained
shall prevent the directors from making more than one call
by one resolution of the board: Provided, that the intervals
between such calls, the notices of each call, and the other
provisions of this Act and of the special Act, in respect ot
calls, are duly observed and given.
call by one
resolution
Proviso.
Publication
of notice of
eall.
Payment of
calls.
Interest on
overdue calls.
64. All notices of calls upon the shareholders of the company shall be published as provided by section forty-one
of this Act, and a copy of the Gazette therein mentioned shall,
on production thereof, be evidence of the sufficiency of such
notice.
65. Every shareholder shall be liable to pay the amount
of the calls so made in respect of the shares held by him, to
the persons and at the times and places, from time to time
appointed by the company or the directors.
66. If, on or before the day appointed for payment of
any call, any shareholder does not pay the amount of such
call, he shall be liable to pay interest for the same, at the
rate of six per centum per annum, from the day appointed
for the payment thereof to the time of the actual payment.
67. If, at the time appointed for the payment of any call,
any shareholder fails to pay the amount of the call, he may
be sued for the same in any court of competent jurisdiction,
and the same shall be recoverable, with lawful interest from
the day on which the call became payable.
What aiiega-     68. In any action or suit to recover any money due upon
nec?ss°anry in anv cal1' I I*18,11 not ^e necessary to set forth the special
suits for calls, matter, but it shall be sufficient to declare that the defendant is the holder of one share or more, stating the number
of shares, and is indebted in the sum of money to which the
calls in arrear amount, in respect of one call or more, upon
one share or more, stating the number and amount of each
of such calls, whereby an action has accrued to the company.
154 DIVIDENDS
Recovery by
suit. 1888 The Railway Act. Chap. 29. 16
DIVIDENDS AND INTEREST.
69. At the annual meeting of the shareholders of the d^fdaead°nof
company, a dividend may be declared out of the net profits of the undertaking.
,7©. Such dividend shall be at and after the rate of so Rateofdivi-
anuch per share upon the several shares held by the share-   en "
holders in the stock of the company, as such meeting thinks
fit to appoint or determine.
71. No dividends shall be declared whereby the capital Dividend not
of the company is in any degree reduced or impaired, or be itai^&c!* cap~
paid out of such capital, nor shall any dividend be paid, in
respect of any share, after a day appointed for payment of
^any call for money in respect thereof, until such call has
been paid ; but the directors may, in their discretion, until maVbteres-d
the railway is completed and opened to the public, pay in- on certam1
terest at any rate not exceeding six per centum per annum, smns-
on all sums called up in respect of the shares, from the respective days on which the same have been paid ; and such
interest shall accrue and be paid at such times and places
as the directors appoint for that purpose.
72. No interest shall accrue to any shareholder in respect j^e^n68* °n
■of any share upon which any call is in arrear, or in respect arrear.
to any other share held by such shareholder while such call
remains unpaid.
SHARES.
73. Shares in the company may, by the holders thereof, trwSerrel^
be sold and transferred by instrument in writing, made in
duplicate,—one part of which shall be delivered to the directors, to be filed and kept for the  use of the company, and
an entry whereof shall be made in a book to be kept for that
purpose ; and no interest or dividend on the shares transferred shall be paid to the purchaser until such duplicate »
is so delivered, filed and entered.
74. Transfers, except in the case of fully paid up shares, Form of
shall be in the form follov ng or to the like effect, varying the rans er*
names and descriptions oi the contracting parties as the case
requires, that is to sayT :—
1, A. B., in consideration of the sum of , paid to
me by C. D., hereby sell and transfer to him share (or
shares) of the stock of the , to hold to him, the
said C. D., his heirs, executors, administrators and assigns
(or successors and assigns, as the case may be), subject to the
same rules and orders and on the same conditions that I
held the same immediately before the execution hereof. And
I, the said 0. D., do hereby agree to accept of the said
o 155 share 17
Chap. 29.
The Railway Act.
51 VlCT.
share (or shares) subject to the same rules, orders and conditions.    "Witness our hands this day of in the
year 18       «
As to paid-up     2. In the case of fully paid shares the transfer maybe
in such form as is prescribed by by-law of the company.
Shares personal property, &c.
75. The stock of the company shall be personal property;
but no shares shall be transferable until all previous calls
thereon have been fully paid up, or until the said shares
have been declared forfeited for the non-payment of calls
thereon; and no transfer of less than a whole share shall be
valid.
Transmission
otherwise
than by trans-
fer.
Company not
bound to see
to trusts, &c.
76. If any share in the capital stock of the company is
transmitted by the death, bankruptcy or last will, donation
or testament, or by the intestacy, of any shareholder, or by
any lawful means other than the transfer hereinbefore mentioned, the person to whom such share is transmitted shall
deposit in the office of the company a statement in writing,
signed by him, which shall declare the manner of such
transmission, together with a duly certified copy or probate
of such will, donation or testament, or sufficient extracts
therefrom, and such other documents or proof as are necessary ; and without such proof the person to whom the share
is so transmitted, as aforesaid, shall not be entitled to receive
any part of the profits of the company, or to vote in respect
of any such share as the holder thereof.
77. The company shall not be bound to see to the execution of any trust, whether express, implied or constructive,,
to which any share is subject ; and the receipt of the
person in whose name any share stands in the books of the
company, or if it stands in the name of more than one person
the receipt of one of the persons named in the register of
shareholders in respect thereof, shall, from time to time, be
a sufficient discharge to the company for any dividend or
other sum of money payable in respect of the share, notwithstanding any trust to which the share is then subject, and
whether or not the company has had notice of the trust; and
the company shall not be bound to see to the application of
the money paid upon such receipt.
Certificate of
proprietorship to be
evidence.
78. The certificate of proprietorship of any share shall be
admitted in all courts as primd facie evidence of the title
of any shareholder, his executors, administrators or assigns,
or successors and assigns, as the case may be, to the share
therein specified.
^
\
Sale without
certificate.
79. The want of such certificate shall not prevent the
holder of any share from disposing thereof.
156 8<K 1888. The Railway Act. Chap. 29. 18
80. Every person who neglects or refuses to pay a ratable Penalty for
share of the calls as aforesaid, for the space of two months Caiis.a     P&y
after the time appointed for the payment thereof, shall forfeit
to the company, for the benefit thereof, his shares in the
company, and all the profit and benefit thereof.
81 • No advantage shall be taken of the forfeiture unless *wiien only
the shares are declared to be forfeited at a general meeting b^takeTad-7
of the company, assembled at any time after such forfeiture vantage of.
has been incurred.
82. Every such forfeiture shall be an indemnification to Effect of for-
and for every shareholder so forfeiting, against all actions, fSbuXyfta
suits or prosecutions whatsoever commenced or prosecuted
for any breach of contract or other agreement between such
shareholder and the other shareholders with regard to carrying on the undertaking.
83. The directors may sell, either by public auction or Forfeited
private sale, and in such manner and on such terms as to g0ad.eslnay e
them seem meet, any shares so declared to be forfeited, or
any unissued shares, or may pledge such shares for the payment of loans or advances made or to be made thereon, or
for the payment of any sums of money borrowed by or
advanced to the company : Provided that authority for such ^[ori?0^***
purpose and for the issue of the stock be first given at a obtained,
special general meeting of the shareholders called for the
purpose.
84. A certificate of the treasurer of the company that the Certificate of
forfeiture of the shares was declared, shall be sufficient evi- Dee""denee
dence of the fact, and of their purchase by the purchaser; of forfeiture
and such certificate, with the receipt of the treasurer for pSrchlser!* °f
1*be price of isuch shares, shall constitute a good title to the
shares ; and the certificate shall be, by the said treasurer,
registered in the name and with the place of abode and
occupation of the  purchaser, and shall be entered in the
'books required to be k@pt by the b*y-law^ of the company;
and such purchaser shall thereupon be deemed the holder of
such sfcares, and shall not be bou$i$$0 see to the application
of the purchase money,—and his 'title to such shares shall
not be affected by any irregularity in the proceedings in
reference to such sale ; and any shareholder may purchase
any shares so sold.
85. Any shareholder who is willing to advance the amount interest on
of his shares, or any part of the money due upon his shares idmaDce! m
beyond the sums actually called for, may pay the same to
the oompany,—and upon the principal moneys so paid in advance, or so much thereof as, from time to time, exceeds
the amount of the calls then made upon the shares in respect to which such advance is made, the company may pay
15*7 such 19
Proviso.
Liability of
shareholders.
Aliens to
have equal
rights.
Record of
shareholders.
Chap. 29.
Tlie Railway Act.
51 Vict.
such interest, at the lawful rate of interest for the time
being, as the shareholders, who pay such sum in advance,
and the company agree upon ; but such interest shall not
be paid out of the capital subscribed.
86. Every shareholder shall be individually liable to the
creditors of the company for the debts and liabilities of the
company, to an amount equal to the amount unpaid on the
stock held by him, and until the whole amount of his stock
has been paid up ; but no such shareholder shall be liable to
an action in respect of his said liability until an execution
at the suit of the creditor against the company has been returned unsatisfied in whole or in part.
87. All shareholders in the company, whether British
subjects or aliens, or resident in Canada or elsewhere, shall
have equal rights to hold stock in the company and to vote
on the same and shall be eligible to office in the company.
88. A true and perfect account of the names and places
of abode of the several shareholders shall be entered in a
book, which shall be kept for that purpose, and which shall
be open to the inspection of the shareholders.
Time for construction
limited.
Powers.
To enter lands
for surveys,
&c.
To receive
grants of
land, &c.
LIMITATION OF TIME.
89. If the construction of the railway is not commenced,
and fifteen per cent, on the amount of the capital stock
is not expended thereon within two years after the passing
of the Act authorizing the construction of the railway, or if
the railway is not finished and put in operation in seven
years from the passing of such Act, then the powers granted
by such Act or by this Act shall cease and be null and void
as respects so much of the railway as then remains uncompleted.
GENERAL POWERS.
90. The company may, subject to the provisions in this
and the special Act contained :—
(a.) Enter into and upon any lands of Her Majesty without
previous license therefor, or into and upon the lands of any
person whomsoever, lying in the intended route or line of the
railway ; and make surveys, examinations or other necessary
arrangements on such lands for fixing the site of the railway, and set out and ascertain such parts of the lands as
are necessary and proper for the railway;
(b.) Receive, take and hold all voluntary grants and donations of lands or other property or any bonus of money or
debenture, or other benefit of any sort, made to it for the
purpose of aiding in the construction, maintenance and accommodation of the railway ; but the same shall be held and
used for the purpose of such grants or donations onlv *
158 $ 1888. The Railway Act. Chap. £9. 20
(c.) Purchase, take and hold of and from any person, any To purchase
lands or other property necessary for the construction, main- and sell land.
tenance, accommodation and use of the railway, and also
alienate, sell or dispose of so much thereof as is not necessary for the purposes of the railway ;
(d.) Make, carry or place the railway across or upon the To carry rail-
lands of any person on the located line of the railway, or iISsaci0SS
within one mile thereof, or within such further distance
from such line as is prescribed in the special Act;
(e.) Fell or remove any trees which stand within six rods To fell trees
from either side of the railway or which are liable to fall
across the railway track ;
(/.) Cross, intersect, join and unite the railway with any To cross, &c,
other railway at any point on its route,  and upon the other rail_
lands of such other railway, with the necessary conveniences Ways'
for the purposes of such connection ;
(g.) Make or construct in, upon, across, under or over any To make
railway, tramway, river, stream, watercourse, canal or high- bridges, tun-
way which it intersects or touches, temporary or permanent nels' &c*
inclined planes, tunnels, embankments, aqueducts, bridges,
roads, ways, passages, conduits, drains, piers, arches, cuttings and fences;
(h.) Divert or alter, as well temporarily as permanently, To dirert
the course of any such river, stream, watercourse or high- streams> &c-
way, or raise or sink the level thereof in order the more
conveniently to carry the same over, under or by the side
of the railway;
(*'.) Make drains or conduits into, through or under any To make
lands adjoining the railway, for the purpose of convevina- ?rajns or cott"
water from or to the railway ;
(j.) Divert or alter the position of any water-pipe, gas- To alter posi-
pipe, sewer or drain, or any telegraph, telephone or electric w°atef nfoe °r
light wire or pole ; &c.
(k.) Make, complete, alter and keep in repair the rail- To make and
way, with one or more sets of rails or tracks, to be worked ™{nt&in rail-
by the force and power of steam or of electricity or of the   ay*
atmosphere, or of animals, or by* mechanical power, or by
any combination of them ;
(/.) Erect   and maintain  all necessary   and convenient To erect
buildings, stations, depots, wharves and fixtures, and con- buildines'&c-
struct, purchase and acquire stationary or locomotive engines
and carriages, waggons, floats and other machinery necessary for the accommodation and use of the passengers,
freight and business of the railway ;
j (m.) Construct or acquire electric telegraph and telephone Telegraph
lines for the purposes of its undertaking ; and telephone
(n.) Make branch railways, if required and provided for ^nes" .
by this or the special Act, and manage the same, and for that branch rail-
purpose exercise all the powers, privileges and authorities ways-
necessary therefor, in as full and ample a manner as for the
railway;
159 (o.) V
.
21
To ccnvey
persons and
goods.
To alter
works.
To do all
things necessary.
Company to
restore
stream, &c,
to former,
state.
Chap. 29.
The Railway Act.
51 Vict.
Compensation tor dam*
age done.
Issue of
bonds, <fec,
authorized.
When they
may be made
payable.
Disposal of
bonds, &c.
Amount of
bond, &c.
(o.) Take, transport, carry and convey persons and goods
on the railway, regulate the time and manner in which the
same shall be transported, and the tolls and compensation
to be paid therefor, and receive such tolls and compensation ;
(p) From time to time alter, repair or discontinue the
before mentioned works or any of them, and substitute others
in their stead;
(q.) Do all other acts necessary for making, maintaining,
altering or repairing, and using the railway.
91. The company shall restore as nearly as possible to its
former state any river, stream, watercourse, highway, water-
pipe, gas-pipe, sewer or drain, or any telegraph, telephone or
electric light wire or pole which it diverts or alters, or it shall
put the same in such a state as not materially to impair its
usefulness.
92. The company shall, in the exercise of the powers by
this or the special Act granted, do as little damage as pos-?
sible, and shall make full compensation, in the manner
herein and in the special Act provided, to all parties interested, for all damage by them sustained by reason of the
exercise of such powers.
POWER TO BORROW MONEY.
93. The directors of the company, under the authority
of the shareholders, to them given at any special general
meeting, called for the purpose in the manner provided by
section forty-one of this Act, at which meeting shareholders
representing at least two-thirds in value of the subscribed
stock of the company, and who have paid all calls due
thereon, are present in person or represented by proxy, may,
subject to the provisions in this Act and the special Act
contained, issue bonds, debentures or other securities signed
by the president or other presiding officer and countersigned
by the secretary, which counter-signature and the signature to the coupons attached to the same may be engraved;
and such bonds, debentures or other securities may be
made payable at such times and in such manner, and at
such place or places in Canada or elsewhere, and may bear
such rate of interest not exceeding six per cent, per annum,
as the directors think proper:
2. The directors may issue and sell or pledge all or any
of the said bonds, debentures, or other securities, at the best
price and upon the best terms and conditions which at the
time they may be able to obtain, for the purpose of raising
money for prosecuting the said undertaking:
8. No such bond, debenture or other security shall be
for a less sum than one hundred dollars:
160 4 "\
1888. The Railway Act. Chap. 29. 22
4. The power of issuing bonds conferred upon the com- Extent ot
pany hereby or under the special Act shall not be construed powerT^
as being exhausted by such issue; but such power may be exercised, from time to time, upon the bonds constituting such
issue being withdrawn or paid off and duly cancelled; but no
bonds or debentures shall be issued until twenty per centum
of the cost has been actually expended on the work ; and
the limit to the amount of bonds, debentures or other
securities fixed in the special Act shall not be exceeded.
94. The company may secure such bonds, debentures, or Mortgage
other securities, by a mortgage deed creating such mort- bondst0|c?Ure
gages, charges and incumbrances upon the whole of such
property, assets, rents and revenues of the company, present
or future or both, as are described in the said deed; but
such rents and revenues shall be subject in the first instance Penalties and
to the payment of any penalty imposed for non-compliance renrditu!eeto
with the requirements of this Act respecting returns to be be a first
made to the Minister, and next to the payment of the work- char£e*
ing expenditure of the railway :
2. By the said deed the company may grant to the holders Powers which
of such bonds, debentures, or other securities, or the trustees m.a[be.gr.ant*
- GO.  DV G66CL*
named in such deed, all and every the powers, rights and
remedies granted by this Act in respect of the said bonds,
^debentures, or other securities, and all other powers, rights
and remedies not inconsistent with this Act, or may restrict
the said holders in the exercise of any power, privilege or
remedy granted by this Act, as the case may be ; and all the Validity of
powers, rights and remedies so provided for in such mort-
gage deed shall be valid and binding and available to the
said holders in manner and form as therein provided :
3. Every such mortgage deed shall be deposited in the Deposit of
office of the Secretary of State of Canada—of which deposit deed*
notice shall be given by the company in the Canada Gazette.
95. The bonds, debentures, or other securities, hereby Bonds, &c, to
authorized to be issued shall be taken and considered to be ^acfaimon"
the first preferential claim and charge upon the company, the under-
and the franchise, undertaking, tolls and income, rents and takms*
revenues, and real and personal property thereof, at any time
acquired, save and except as provided for in the next preceding section:
2. Each holder of the said bonds, debentures, or other se- Holder to
curities, shall be deemed to be a mortgagee or incumbrancer gj|ea mort°a"
upon the said securities pro ratd with all the other holders ;
and no proceedings authorized by law or by this Act shall
be taken to enforce payment of the said bonds, debentures,
or other securities, or of the interest thereon, except through
the trustee or trustees appointed by or under such mortgage
<leed.
^gyOL. I—11 161 96
mm 23
Chap. 29.
The Railway Act.
51 Vict.
iV
Powers of
holders in
case of non
payment.
Rights of
holders de
fined.
Certain rights
not affected.
96. If the company makes default in paying the principal
of or interest on any of the bonds, debentures or other securities, hereby authorized, at the time when the same, by
the terms of the bond, debenture, or other security, becomes
due and payable, then at the next annual general meeting
of the company, and at all subsequent meetings, all holders^
of bonds, debentures or other securities, so being and remaining in default shall, in respect thereof, have and possess
the same rights and privileges and qualifications for being-
elected directors and for voting at general meetings as
would attach to them as shareholders if they held fully paid-
up shares of the company to a corresponding amount:
2. The rights given by this section shall not be exercised,
by any such holder unless it is so provided by the mortgage
deed, nor unless the bond, debenture or other security, in
respect of which he claims to exercise such rights has been
registered in his name, in the same manner as the shares of
the company , are registered, at least ten days before he at-
Registration, tempts to exercise the right of voting thereon ; and the company shall be bound on demand to register such bonds,
debentures or other securities, and thereafter any transfers
thereof, in the same manner as shares or transfers of shares :
3. The exercise of the rights given by this section shall
not takeaway, limit or restrain any other of the rights or
remedies to which the holders of the said bonds, debentures-
or other securites are entitled under the provisions of such
mortgage deed.
®7. All bonds debentures or other securities hereby authorized may be made payable to bearer, and shall in that case
be transferable by delivery, until registration thereof as
hereinbefore provided, and while so registered they shall be
transferable by written transfers, registered in the same
manner as in the case of the transfer of shares.
Promissory 98. The company may become party to promissory notes
fssued?*7 be an<^ D^s °^ exchange for sums not less than one hundred
dollars; and every such note or bill made, drawn, accepted or
indorsed by the president or vice-president of the company,
or other officer authorized by the by-laws of the company,
and counter-signed by the secretary, shall be binding on the
company; and every such note or bill of exchange so made,
drawn, accepted or indorsed, shall be presumed to have
been made, drawn, accepted or indorsed with proper authority until the contrary is shown ; and in no case shall it be
necessary to have the seal of the company affixed to such
promissory note or bill of exchange, nor shall the president
or vice-president or secretary or other officer so authorized
be individually responsible for the same, unless such promissory note or bill has been issued without proper authority;
but nothing in this section shall be construed to authorize
the company to issue any note or bill payable to bearer, or
162 intended
Transfer of
bonds, &c.
No seal re
quired.
Notes not to
be payable to
bearer. >v
1888. The Railway Act. Chap. 29. 24
intended to be circulated as money or as the note or bill of a
bank.
POWER TO TAKE OR USE LAND AND MATERIALS DEFINED AND
LIMITED.
99. No company shall take possession of, use or occupy ^J^g^
any lands vested in Her Majesty, without the consent of J^esty.
the Governor in Council; but with such consent, any such
company may, upon such terms as the Governor in Council
prescribes, take and appropriate, for the use of its railway
and works, but not alienate, so much of the lands of the
Crown lying on the route of the railway as have not been
granted or sold,  and as is necessary for such railway,
as also so much of the public beach, or of the land covered
with the waters of any lake, river, stream or canal, or of
their respective beds, as is necessary for making and completing and using its said railway and works; and whenever Lands vested
any such lands are vested in Her Majesty for any special ty for speJial
purpose, or subject to any trust, the compensation money purposes,
which the company pays therefor shall be held or applied
by the Governor in Council for the like purpose or trust.
IOO. Whenever it is necessary for such company to oc- Asjo lands-
cupy  any part of the lands belonging to Her Majesty J^g^ or
reserved for naval or military purposes, it shall first apply naval pur-
for and obtain the license and consent of Her Majesty, P°ses-
under the hand and seal of the  Governor General, and
having obtained such license and consent, it may, at any
time or times, enter into and enjoy any of the said lands for
the purposes of the railway ; but in the case of any such Consent of
naval or military reserves, no such license or consent shall §£§£•*■
be given except upon a report first made thereupon by the
naval or military authorities in which such lands are for
the time being vested, approving of such license and consent being so given.
H'lOl. No company shall take possession of or occupy As^to Indian
anv portion of any Indian reserve or lands without the
consent of the Governor in Council; and when with such
consent, any portion of any such reserve or lands is taken
possession of, used or occupied by any company, or when
the same is injuriously affected by the construction of any
railway, compensation shall be made therefor, as m other
cases.
102. A company may, for the purpose of obtaining; a ^to lands o*
right of way over or through lands owned or occupied by panieSr &c.
anv other company, and for obtaining the use of the tracks,
stations or station grounds of another company, or for
the purpose of constructing and operating its railway, take
possession of, use or occupy any lands belonging to any
vol. i—1H 163 °   er
mf1 I
!
Chap. 29.
The Railway Act.
51 Vict.
other railway company, with the approval of the Railway
Committee, which approval such committee may give on
any application of which such other company has, in the
opinion of the committee, had reasonable notice. On any
such application, the Railway Committee may make such
orders and give such directions as to it appears just or in
Certainprovf the public interest; and all the provisions of the law at
«ions oapp y a^ time applicable to the taking of lands and their valuation
and the compensation therefor, and appeals from awards
thereon, shall apply to such lands.
Orders may
"be made in
such case.
Extent of land
that may be
taken.
Exception.
X03. The lands which may be taken without the consent
of the owner thereof shall not exceed thirty-three yards in
breadth, but in places where the railway is raised more
than five feet higher or cut more than five feet deeper than
the surface of the line, or where offsets are established, or
where stations, depots or fixtures are intended to be erected,
or goods to be delivered, the lands which may be taken
without the consent of the owner shall not be more than
six hundred and fifty yards in length by one hundred yards
in breadth, except where more ample space for the accommodation of the public, or of the traffic on the railway, or
for protection against snow drifts is required—in which
cases such greater quantity of land or land covered with
water may be taken, as the Minister authorizes.
104. The places at which such extra breadth is to be taken
shall be shown on the map or plan, so far as the same are
then ascertained, but the fact of their not being so shown
shall not prevent such extra breadth from being taken,
if it is taken upon the line shown, or within one mile
thereof, or within such further distance from such line as
is prescribed in the special Act.
Public beach,     105. The extent of the publ ic beach, or of the land covered
*c' with the waters of any river or lake in Canada, taken for
the railway, shall not exceed the  quantity hereinbefore
limited.
Extra land to
be shown on
map or plan.
Proceedings 106. Whenever any company requires, at any place on
Strahtnd^or *ne ^ne °^ ^s railway, more ample space for the con-
certain pur- venient accommodation of the public or of the traffic on the
poses. railway, or for protection against snow drifts, than it then
possesses or can take without the consent of the owners
thereof, the company may cause a map or plan and book of
reference to be made of the additional lands required at such
place for the purposes aforesaid.
Application       107. The company may transmit the map or plan and the
ter!   Mm13"  D0°k °f reference to the Minister with an application, on
behalf of the company, supported by affidavit, referring to
such map or plan and book of reference and stating that
164 certain
mmm >
1888. The Railway Act. Chap. 29. 26
certain lands shown therein are necessary for such purposes, and that no other land suitable for such purposes can
be acquired at such place on reasonable terms and with less
injury to private rights, and requesting the Minister to
authorize the taking thereof for such purposes under this
Act.
168. At least ten davs' notice of such application shall be Notice t01
i pix -3.H.    owner and
given to the owner or possessor ot sucn property;  ana tne certificate to
correctness of the map or plan and book of reference, and be transmit^
the truth of the allegations in such application shall be £t.
certified by the president or one of the directors of the company, and by its engineer, and such map or plan and book
of reference and statement shall be made and transmitted
to the Minister in duplicate.
109. The Minister shall inquire into the  correctness f^l^J.
of the map or plan and book of reference and the truth plication afteie
of  the   allegations   of such   application,   and,  if he   is inquiry,
satisfied thereof, shall grant a certificate to that effect, and
declaring it to be necessary in the public interest that the
land shown on such map or plan and book of reference or
any less quantity, should be acquired by the company; and
such certificate shall be annexed to one of the duplicates of
the said map or plan and book of reference and statement,
and the other duplicate shall remain at the department.
HO. A copy of the duplicate of such map or plan and ^P03^^
book of reference and statement and of such certificate shall &c.
be deposited in the office of the registrar of deeds for the
oounty or district in which the lands lie.
111. Upon the granting of such certificate, and by virtue p°^e^ofon
thereof, the  company may,  without the  consent of the thriranting
owners, take the land shown on such map or plan and book of certificate,
of reference as required for such purposes; and the company and all persons who could not otherwise convey the
same to the company, shall have, with respect to any such
land, all the powers granted by this Act to companies and
persons who could not otherwise convey the same,  with
respect to lands which may be taken without the consent of
the owners thereof; and all the provisions of law at any
time applicable to the taking of land by the company and
its valuation and the compensation therefor shall apply to
the lands mentioned in such certificate.
be
or
112. The company, either for the purpose of constructing Lanud.^a£r
or repairing its railway, or for the purpose of carrying out Instructing
the requirements of the Railway Committee, or in the exer- o.- repairing
cise of the powers conferred upon it by the Rail way Commit- railwar*
tee, ntay enter upon any land which is not more than two
hundred yards distant from the centre of the located line of
166 the I
27 Chap. 29. The Railway Act. 51 Vicr.
the railway, and may occupy the said land as long as
is necessary for the purposes aforesaid ; and all the provisions of law at any time applicable to the taking of land
by the company, and its valuation, and the compensation
therefor, shall apply to the case of any land so required;
Deposit in but before entering upon any land for the purposes afore-
such case, gaid, the company shall, in case the consent of the owner
is not obtained, pay into the office of one of the superior
courts for the Province in which the land is situated,
such sum, with interest thereon for six months, as is, after
two clear days' notice to the owner of the land, or to the
1| person empowered to convey the same, or interested therein,.
fixed by a judge of any one of such superior courts.
Power to take -113. Whenever stone, gravel, earth, sand or water
con^teuction. *s required for the construction or maintenance of any
railway or any part thereof, the company may, if it
cannot agree with the owner of the land on which the
same are situated, for the purchase thereof, cause a land
surveyor, duly licensed to act as such in the Province,
district, or county or an engineer to make a map
and description of the property so required, and it shall
serve' a copy thereof, with its notice of arbitration as
in the case of acquiring the roadway; and all the provisions of this Act respecting expropriation of lands shall apply
to the subject matter of this section, and to the obtaining*
materials, as aforesaid; and such proceedings may be had
by the company, either for the right to the fee simple in the
land from which the material is taken, or for the right to
Notice in case take material for any time it thinks necessary,—and the
of arbitration. notjce 0f arbitration, if arbitration is resorted to, shall state
the interest and powers required.
Power to 114. Whenever any stone, gravel, earth, sand or water is
condufts,1^8' so ta^en at a distance from the line of the railway,
the company may lay down the necessary sidings, water
pipes or conduits and tracks, over or through any lands
intervening between the railway and the land on which
such material or water is found, whatever is the distance*
and all the provisions of this Act, except such as relate to
the filing of plans and publication of notice, shall apply,
and the powers thereby granted may be used and exercised
to obtain the right of way from the railway to the land on
which such materials are situated; and such right may be
acquired for a term of years or permanently, as the company thinks proper; and the powers in this and the next
Maintenance  preceding section contained may, at all times, be exercised
*aiirepair °f an(* u      *n a^ resPcc^sj a^ter t^ie railway is constructed,
T&7'       for the purpose of repairing and maintaining the railway.
if the whole       115. Whenever, for the purpose of procuring sufficient
eanCb1e°pur-nd *an(i for stations or gravel pits, or for constructing, main-
166 Wm      tainin<y
w Tl
1888. The Railway Act. Chap. 29. 28
taining and using the railway, any land may be taken under chased with
the compulsory provisions of this Act, and by purchasing a vantage*
the whole of any lot or parcel of land over which the railway is to run, or of which any part may be taken under the
said provisions, the company can obtain the same at a more
reasonable price or to greater advantage than by purchasing
the roadway line only, or only such part as aforesaid, the
company may purchase, hold, use or enjoy the whole of
such lot or parcel, and also the right of way thereto, if the
same is separated from its railway, and may sell and convey
the same, or any part thereof, from time to time, as it deems
expedient; but the compulsory provisions of this Act shall °^25^JJ'at
not apply to the taking of any portion of such lot or parcel to apply.
not necessary for the purposes aforesaid.
116. Every company may, on and after the first day of Erection of
«x i        «i i'l i iii* snow tences,
November, in each year, enter into and upon any lands ot
Her Majesty, or into and upon the lands of any person whomsoever, lying along the route or line of its railway, and may
erect and maintain snow fences thereon, subject to the payment of such land damages, if any, as are thereafter established, in the manner provided by law with respect to such
railway, to have been actually suffered ; but every snow And removal
fence so erected shall be removed on or before the first day tnereof-
of April then next following.
POWEES RESPECTING LOCATION  OP   LINE,   DEVIATIONS   AND
CHANGES DEFINED AND LIMITED.
117. No lateral deviation of more than one mile shall be what devia-
made from the located line of the railway or from the places ^^d} **
assigned thereto in the map or plan and book of reference, or profiles, except in such instances as are provided
for in the special Act.
118. The railway may be made, carried or placed across As to error in
or upon the lands of any person on the located line, or within j^e0e£ter8d
the distance from such line as aforesaid, although the name of
such person has not been entered in the book of reference,
through error or any other cause, or although some other
person is erroneously mentioned as the owner of or entitled
to convey, or is interested in such lands.
119. No company shall, without the authority of the Mines te be
Railway Committee, locate the line of its proposed rail-Pro ec e *
way, or of any branch thereof, so as to obstruct or interfere with or injuriously affect the working of, or the access
or adit to any mine then open or for opening which preparations are, at the time of such location, being lawfully
and openly made.
120. Any company, which desires at any time to change $£%%£       '
the location of its line of railway m any particular part, for may be made.
167 the 20
Chap. 29.
The Railway Act.
51 Vict.
i
the purpose of lessening a curve, reducing a gradient or
otherwise benefiting such line of railway, or for any other
purpose of public advantage, may with the approval of the
Railway Committee make such change ; and all the provisions of this Act shall refer as fully to the part of such line
of railway so at any time changed or proposed to be changed,
No change of as to the original line ; but no company shall extend its line
terminus.      0f railway beyond the termini mentioned in the special Act.
POWER TO CONSTRUCT   BRANCH  LINES DEFINED AND
LIMITED.
Power to construct branch
lines for certain purposes*
Notice to be
given.
Map or plan,
kc.
Approval i>f
Railway
Committee.
Limitation
©f time.
121. Any company may, for the purpose of connecting any
city, town, village, manufactory or mine, or any quarry of
stone or slate, or any well or spring, with the main line of the
railway of the company, or with any branch thereof, or
with any railway worked or leased by the company, or for
the purpose of giving increased facilities to business, or for the
purpose of transporting the products of any such manufactory, mine, quarry, well or spring, build, make and construct,
and work and use, sidings, switches or branch lines of railway, not exceeding in any one case six miles in length ;
but such company shall not proceed to locate or build any
branch line of more than one quarter of a mile in length,
under this section, until public notice has been given, for
six weeks, in some newspaper published in the county or
counties through or in which such branch line is to be
made, that it is the intention of the company to apply
to the Railway Committee to sanction the building
of such branch line, and the appropriation of the necessary
lands for that purpose, under the compulsory powers vested
in such company by this Act, or by any other Act in its
behalf; nor unless the company has, prior to the first publication of such notice, deposited in the registry office of any
city, county or part of a county, in which the line or vxiy
part thereof is to be constructed, a map or plan and book
of reference indicating the location of the line; nor until
the company has submitted the same to, and such map or
plan and book of reference have been approved of by the
Railway Committee, after the expiration of the said notice ;
and the order of the Railway Committee, approving such.
map or plan and book of reference shall limit the time,
which shall not exceed two years from the date of suck
order, within which the company may construct such branch
line.
Powers as to
■uch branch
lines.
122. Every such company may, for any such purpose,
exercise all the powers given to it with respect to its main
line, under this and the special Act; and each and every
provision of such Acts which is applicable to such extension
shall extend and apply to every such siding, switch or
branch line of railway.
168 PLANS? 1888. The Railway Act. Chap. 29. 30
PLANS AND SURVEYS.
123. Surveys and levels shall be made and taken of the Surveys and
lands through which the railway is to pass, together with a levels'
map or plan and profile thereof, and of its course and direc- JJjfp* £la*
tion, and of the lands intended to be passed over and taken reference,
therefor, as far as then ascertained ; and a book of reference
for the railway shall also be made, in which shall be set
forth:—
(a.) A general description of the said lands ;
(b.) The names of the owners and occupiers thereof, as far
as they can be ascertained ; and—
(c.) Everything necessary for the right understanding of
such map or plan and profile.
124. The map or plan and book of reference and profile Mav.be in
SGCfclOQ^   JUKI
may be made of sections of the railway,   and shall be to be deposit-
deposited at the department. ed-
125. The map or plan and book of reference and profile To be ex-
shall be examined and certified by the Minister or by the certified and
deputy, and a duplicate thereof, so examined and certified, copies depos-
shall be deposited at the department;   and the company I
shall deposit copies of such map or plan and book of
reference and profile, or of such parts thereof as relate to
each district or county through which the railway is to pass,
in the offices of the registrars of deeds for such districts or
counties respectively.
126. Any person may resort to such copies, and make ex- Access to
tracts therefrom or copies thereof, as occasion requires, pay- c0^iea'
ing to the registrar of deeds at the rate of ten cents for
every hundred words.
127. Such map or plan and book of reference and profile Certified
so certified, or a true copy thereof, or an extract therefrom, evFdence.
certified by the Minister or his deputy, or by any registrar or*
deeds, shall be evidence in any court of justice or elsewhere.
128. Any omission, mis-statement or erroneous description Errors, how
of such lands, or of the owners or occupiers thereof, in any remec
map or plan or book of reference, may, after ten days' notice
has been given to the owners of such lands, be correcteuby
two justices, on application made to them for that purpose;
and if it appears to them that such omission, mis-statetnent
or erroneous description arose from mistake, the justices
shall certify the same accordingly.
129. The certificate shall state the particulars of any such {Jj^§|rj*~
omission, and the manner thereof, and shall be deposited to.1
with the registrars of deeds of the districts or Counties, re-
^169 spectively, Alterations
from original
survey.
Chap. 29.
Ihe Railway Act.
51 Vict.
spectively, in which such lands are situate, and shall be kept
by them together with the other documents to which it
relates; and thereupon such map or plan, or book of reference,
shall be deemed to be corrected according to such certificate;
and the company may make the railway in accordance with
the certificate.
ISO. If any alterations from the original plan or survey
are intended to be made in the line or course of the railway,
a map or plan and profile of such alterations on the same
scale, and containing the same particulars as the original
map or plan and profile, shall be deposited in the same
manner as the original map or plan and profile, and copies
of or extracts from such map or plan and profile, so far as
they relate to the several districts or counties in or through
which such alterations are intended to be made, shall be
deposited with the registrars of deeds of such districts and
counties.
Works not to 131. Until such original map or plan and book of refer-
wlPhuntiied once, and profile or the map or plan and profile of the
map, &c, are alterations, have been so deposited, the construction of the
-deposited. railway, or of the part thereof affected by the alterations, as
the case may be, shall not be proceeded with.
Uustody of
copies by
registrars of
deeds.
132. The registrars of deeds shall receive and retain the
copies of the original maps or plans and books of reference
and profiles, and copies of the maps or plans and profiles
of alterations, and extracts thereof respectively, and shall
permit all persons interested to inspect any of the documents
aforesaid, and to make copies of and extracts from the same ;
and every registrar of deeds who refuses so to do is liable,
on summary conviction, for each offence to a penalty of four
dollars.
K
Copies certified by
registrar to
■be evidence.
Map of the
-completed
railway to be
filed at the
department.
Penalty for
neglect.
133. The copies of the maps or plans and books of reference and profiles, or of any alterations or corrections thereof,
or extracts therefrom, certified by the registrar of deeds,
shall be received in all courts of justice and elsewhere
as evidence of the contents thereof, and the registrar of
deeds shall, when required so to do, give such certificate to
any person interested.
134. A map or plan and profile of the completed railway
and of the land taken or obtained for the use thereof, shall,
within six months after completion of the undertaking, be
made and filed at the department, and maps or plans of the
parts thereof, located in different districts and counties, shall
be filed in the registry offices for the districts and counties
in which such parts are respectively situate; and every
company which fails or neglects to file sucn maps or plans
and profiles at the department or to file such maps or plans
170 in 1888. The Railway Act. Chap. ££. 83
in such tegistry offices Within tbe said period, sLall incur a
penalty of two hundred dollars, and a like penalty for each
and every month during which such failure or neglect
continues.
135. Every map or plan, and profile shall be drawn on Scale and
■such a scale and on such paper as are, from time to time, PaPer- §§
-designated for that purpose by the Minister, and shall be
•certified and signed by the president or engineer of the
company*
LANDS' ANT) *H#IR VALUATION.
136. All tenants in tail or for life, gtevis de &tobstitMtion$ Conveyance
guardians, curators* executors, administrators, trustees, and !£~e com"
all persons whomsoever* not only for and on behalf of themselves, their heirs and successors, but also for and on behalf
of those whom they represent, whether infants, issue unborn, lunatics* idiots, fenrns-covett, or other persons, seized,
possessed of, or interested in any lands, may contract and sell
and convey to the company all or" any part thereof.
1ST* In all cases in which such persons have no right in Order of judge
law to sell or convey the rights of property of the said land, cerS^ases.
such persons shall Obtain, from a judge, after due notice to
the persons interested, the right to sell the said land ; and
the said judge shall give such orders as are necessary to
secure the investment of the purchase money in such a
manner as he deems necessary, in accordance with the law
of the Province* to secure the interests of the owner of the
said land.
138. The powers herein conferred upon rectors in pos- Limitation of
session of glebe lands in the Province of Ontario, ecclesias- J^^ses!*1"
tical and other corporations, trustees of laUd for church or
school purposes, executors appointed by wills under which
they are not invested with any power over the real property of the testator, administrators of persons dying intestate, but at their death seized of real property, shall only
extend and be exercised with respect to any of such lands
actually required for the use and occupation of a company.
139. Any contract, agreement, sale, conveyance and as- Effect of sale
surance so made hereunder shall be valid and effectual in -^^^0^"
law, to all intents and purposes whatsoever, and shall vest
in the company receiving the same, the fee simple in the
lands in such deed described, freed and discharged from all
trusts, restrictions  and ■< limitations  whatsoever ; and  the Seller indem-
person so conveying is hereby indemnified for what he does m e r
by virtue of or in pursuance of this Act.
140* The company shall not be responsible for the dis- f e|P0t"siblj1rt"
position of any purchase money for lands taken by it for its ciase money.
o 171 purposes,
£ J!
33 Chap. 29. The Railway Act. 51 Vict-
purposes, if paid to the owner of the land or into court for
his benefit.
Effect of con- 141. Any contract or agreement made by any person
before de^sit authorized by this Act to convey lands, and made before
of map, &c. the deposit of the map or plan and book of reference, and
before the setting out and ascertaining of the lands required
for the railway, shall be binding at the price agreed upon
for the same lands, if they are afterwards so set out and
ascertained within one year from the date of the contract or
agreement, and although such land has, in the meantime,
become the property of a third person ; and possession of
the land may be taken and the agreement and price may
be dealt with as if such price had been fised by an award
of arbitrators, as hereinafter provided, and the agreement
shall be in the place of an award.
Fixed rent 142. AH persons who cannot, in common course of law,.
™vIntnvS-^ se^ or alienate any lands so set out and ascertained, shall
tain cases. agree upon a fixed annual rent as an equivalent, and not
upon a principal sum, to be paid for the lands ; and if the
amount of the rent is not fixed by voluntary agreement, or
compromise, it shall be fixed and all proceedings shall be
regulated in the manner herein prescribed.
Lien for the 143. For the payment of such annual rent and every
thereo?* other annual rent agreed upon or ascertained, and to be
paid for the purchase of any lands, or for any part of the
purchase money of any lands, which the vendor agrees to
leave unpaid, the railway and the tolls thereon shall be
liable and chargeable in preference to all other claims and
demands thereon whatsoever, except as to the charges
created by section ninety-four of this Act, upon the deed
creating such charge and liability being duly registered in
the registry office of. the proper district, county or registration division.
After ten days     144. After the expiration often days from the deposit of
a^Scafionte *ne maI) or P^an an<^ book of reference in the office of the
owner. registrar of deeds, and after notice thereof has been given
in at least one newspaper, if there is any, published in each
of the districts and counties through which the railway
is intended to pass, application may be' made to the owners
of lands, or to persons   empowered to convey lands, or
interested in lands which may suffer damage from the
taking of materials or the exercise of any of the powers
granted for the railway; and, thereupon, agreements and
contracts  may be made with such persons, touching the
said lands or the compensation to be paid for the same, or for
the damages or as to the mode in which such compensation
Arbitration    shall be ascertained, as seems expedient to both parties; and
agreement   *n case °^ disagreement between them, or any of them, all
172 questions 1888. Tlie Railway Act. Chap. 29, 34
questions which arise between them shall be settled as
Hereinafter provided.
145. The deposit of a map or plan and book of reference, Deposit to be
and the notice of such deposit, shall be deemed a general fotfce*1
notice to all the parties, of the lands which will be required
for the railway and works ; and the date of such deposit
shall be the date with reference to which such compensation or damages shall be ascertained.
146. The notice served upon the party shall contain,— Notice to the
(a.) A description of the lands to be taken, or of the wlhatiuhaii
powers intended to be exercised with regard to any lands, contain.
and describing tne lands ;
(b.) A declaration of readiness to pay some certain sum or
rent, as the case may be, as compensation for such lands or
for such damages ;
(c.) The name of a person to be appointed as the arbitrator
of the company, if its offer is not accepted.
147. Such notice shall be accompanied by the certificate of Certificate of
a sworn surveyor for the Province in which the lands are JSItTt shall
situated, or an engineer, who is a disinterested person and state.
is not the arbitrator named in the notice, which certificate
shall state,—
(a.) That the land, if the notice relates to the taking of
land shown on the said map or plan, is required for the
railway, or is within the limits of deviation hereby allowed ;
(b.) That he knows the land, or the amount of damage
likely to arise from the exercise of the powers ; and—
(c.) That the sum so offered is, in his opinion, a fair compensation for the land and damage aforesaid.
148. If the opposite party is absent from the district or Application
county in which the lands lie, or is unknown, an applica- advertise-
tion for service by advertisement may be made to a judge, ment.
149. The application for service by advertisement shall Certificate
be accompanied by such certificate as aforesaid, and by an to ac^mpany
affidavit of some officer of the  company that the opposite application.
party is so absent, or that, after diligent inquiry, the person
on whom the notice ought to be served cannot be ascertained ; and the judge shall order a notice as aforesaid, but Notice.
without such certificate, to be inserted three times in the
course of one month, in a newspaper published in the district or county, or if there is no newspaper published
therein, then in a newspaper published in some adjacent
district or county.
150. If, within ten days after the service of such notice, Party not ac-
or within one month after the first publication thereof, the J^^ot ap-r
opposite party does not give notice to the company that he pointing arbi-
173       ') accepts trator- 35
Appointment
of arbitrator
by party and
of third arbitrator.
Chap. 89.
The RaiMay Act.
51 fief.
accepts the Sum offefM by it, or does not gife* notice to it
of the name of a person whom he appoints as arbitrator, the
judge shall, on the application of the company, appoint a
person to be sole arbitrator for determining the compensation to be paid as aforesaid.
IS!*. If the opposite party, Within the time aforesaid,
gites UOtice to the company of thd name Of his arbitrator,
then the two arbitrators shall jointly appoint a third, or if
they cannot agree upon a third, the judge shall, on the application of the parliy or the company, &fter notice of a-t least
sit clear days having been given to the ©t&er party* appoint
a third arbitrator.
Arbitrators to 1H2* The fefbitfaftif s, Or the Sole arbitrator* as the case
be sworn. ^^ ^ gkaH&e Sworn before a justice d£ the peace for the
district or county in which the lands lie, fai^ftllly and impartially to $>eriferm the duties of theif or his office* and
Their duties, shall proceed to ascertain such compensation in such way
as they or he, or a majority of them, deem best; and the
award of such arbitrators, or of any two or tiiem* $r of the
sole arMtr&ior, shall be final and conclusive exempt as hereinafter provided; but no such award shall be made nor any
official act be done by such majority, except at a meeting
held at a time and place of which the other arbitrator has
had at least two clear days' notice, or to which some meeting at which the third arbitrator was present had been
adjourned; and no notice to either of the parties shall be
necessary, but each party shall be^ held sufficiently notified
through the arbitrator appointed by him, or whose appointment he required.
153. The arbitrators, in deciding on such value or compensation, shall take into consideration the increased value
that will be given to any lands through or over which
the railway will pass, by reason of the passage of the railway
through or over the same, or by reason of the construction
of the railway, and shall set off the increased value that
will attach to the said lands or grounds, against the inconvenience, loss or damage that might be suffered or sustained
by reason of the company taking possession of or using the
said lands as aforesaid.
Increased
value of remaining
lands to be
considered.
Costs, by
whom payable.
154. If by an award of arbitrators made under this Act the
sum awarded exceeds the sum offered by the company, the
Costs of the arbitration shall be borne by the company;
but if otherwise, they shall be borne by the opposite party,
and be deducted from the compensation; and in either case
the amount of such costs, if not agreed upon, may be taxed
by the judge.
K
Witnesses.
The arbitrators* or a majority of them, or the soli*
arbitrator* shall examine on oath or solemn affirmation th&
174 parties, 1888. The Railway Act. Chap. 29. P#
parties, or such witnesses as appear before them or him, and
shall administer such oath or affirmation:
2. The arbitrators shall take down the depositions of wit- Evidence to
nesses in writing,  and  after  making  their award  shall Sown^nwrit-
forthwith deliver or transmit by registered letter, at the ing.
request of either party in writing the depositions, together
with the exhibits referred to therein and all papers  conf Transmission
nected with the reference, except the award, to the qjerk 0f ofrecord-
a superior court in the province in which the lands are
situated, to be filed with the records ©f the said £ourt.
156. A majority of the arbitrators, at the fitst meeting Time witfejn
after their appointment, or the sole arbitrator, sMl fix a Shtobeamadl
day on or before which the awafld shall be naaJte; and if the
same is not made on or before suoh day, or spjafte other day
to which the time for making it has been projouggd, cither
by the consent of the parties or by r^solution, of the a^ii-
trators, then the sum offered by the company, ag aforesaid,
shall be the compensation to be paid by the company.
157. If the sole arbitrator appointed by the judge, or any Vacancy in
arbitrato* appointed by th$ two arbitr#of |, di#s before the arbitrator0**
award has been made, or is digqualifMid* °f refuges or foils how filled.
to act within a reasonable time, thenj, in th$ case of tfee
sole arbitrator, the judge, upon thje application of eifefeer
party, and upon being satisfied by affidavit or o^erwise (rf
such death, disqualification, refusal or failure, may appoint
another arbitrator in t&e pl&ce of such §ple arbitrator ;  a&d
in the case of any arbitrator appointed by pne of the parties,
the company and p&fty respectively may each appoint an
arbitrator in the plaon of its ©# his arbitf%t§f so deceased Qr
not acting ; and in the case of the. t^jrd arbjtr&tpy appointed
by the two arbitrators, the provisions of section one hundred
and fifty-one shall apply; but no recomjnenceiaent or repeti- No re-com-
tion of the previous proceedings shall be required in any proceedings?
case.
158. In any case where the notice given improperly Company
describes the land or material intended to be taken, or if the pa^tSofm
company decidet »ot to take the land or material meftti@ned costs.
in the notion it may a-bandon the notice and all proceedings
thereunder, but shall be liable to the person notified for 5l
damages or costs incurred by him in consequence of s&ch
notice and abandonment—such costs to be taxed in the saj^e
manner as costs after an awTard ; and the company may New notice
give to the same or any other person  notice for other land ma^ be siven*
or material or for land or material otherwise described, notwithstanding the abandonment of the former notice,
159. The person offered or appointed as valuator, or as valuator or
sole arbitrator, shall not be disqualified because he is pro- 5^agy»t
fessionaUy employed by  either party, or has previously unless per-
175 expressed
I:i 37
Chap. 29.
The Railway Act.
51 Vict,
sonaiiy inter-J expressed an opinion as to the amount of compensation,
ested. | orbecallse ne is related or of kin to any shareholder of
I the company, i£Ji£-is_ript himself personally interested in
the amount olHhe^comp^eJs^tionl anoTnb cause of disquaTi-
ficalro^s^lT'bT^urged against any arbitrator appointed
by the judge after his appointment, but the objection shall
be made before the appointment, and its validity or invalidity shall  be summarily determined by the judge*
When dis- 160. No cause of disqualification shall be urged against
muastbeati°n   anY arbitrator appointed by the company or by the oppo-
urged. site party after the appointment of a third arbitrator ; and
the validity or invalidity of any cause of disqualification
urged against any such arbitrator, before the appointment
of a third arbitrator, shall be summarily determined by the
judge, on the application of either party, after two clear
days' notice to the other, and if the cause is determined to
be valid the appointment shall be null and void, and the
party offering the person so adjudged to be disqualified shall
I be held not to have appointed an arbitrator.
Award not
avoided for
want of form
Appeal to a
superior
court.
Practice and
proceedings
m such case.
i
Other remedies not
affected.
Upon payment or tender of sum
161. No award shall be invalidated by reason of any
want of form or other technical objection, if the requirements of this Act have been substantially complied with,
and if the award states clearly the sum awarded, and the
lands or other property, right or thing for which such sum
is to be the compensation; and the person to whom the sum
is to be paid need not be named in the award :
2. Whenever the award exceeds four hundred dollars,
any party to the arbitration may within one month after
receiving a written notice from any one of the arbitrators
or the sole arbitrator, as the case may be, of the making of
the award, appeal therefrom upon any question of law or
fact to a superior court of the Province in which such lands
are situate; and upon the hearing of the appeal the court
shall, if the same is a question of fact, decide the same upon
the evidence taken before the arbitrators, as in a case of
original jurisdiction:
3. Upon such appeal the practice and proceedings shall
be as nearly as may be the same as upon an appeal from the
decision of an inferior court to the said court, subject to any
general rules or orders from time to time made by the
judges of the said superior court in respect tojsuch appeals,
which orders may, amongst other things, provide that any
such appeal may be heard and determined by a single
judge:
4. The right of appeal hereby given shall not affect the
existing law or practice in any Province as to setting aside
awards.
162. Upon payment or legal tender of the compensation
or annual rent, so awarded or agreed upon, to the person
176 entitled ^888- The Railway Act. Chap. 29. 38
entitled to receive the same, or upon the payment into court awarded pos-
«of the amount of such compensation, in the manner herein- ^taken &J
after mentioned, the award or agreement shall vest in the
company the power forthwith to  take  possession  of the
lands, or to exercise the right, or to do the thing for which
such compensation or annual rent has been awarded or
agreed upon; and if any resistance or forcible opposition is Warrant of
made by any person to its so doing, the judge may, on proof Posse8sioa-
to his satisfaction of such award or agreement, issue his
warrant to the sheriff of the district or county, or to a bailiff,
as he deems most suitable, to put down such resistance or
opposition, and to put the company in possession ; and the
sheriff or bailiff shall take with him sufficient assistance for
such purpose, and shall put down such resistance or opposition, and put the company in possession.
163. Such warrant may also be granted by the judge, Warrant of
without such award or agreement, on affidavit to his satis- possessionRefaction that the immediate possession of the lands, or of the       a
power to do the thing mentioned in the notice, is necessary
to carry on some part of the railway with which the company is ready forthwith to proceed.
164. The judge shall not grant any warrant under the On what con-
next preceding section unless ten days' previous notice of the waSantmay
time and place when and where the application for such be granted,
warrant is to be made has been served upon the owner of the
land or the person empowered to convey the land, or interested in the land sought to be taken,or which may suffer damage from the taking of materials sought to be taken, or the '
exercise of the powers sought to be exercised, or the doing of
the thing sought to be done, by the company; and unless Security to bo
the company gives security to his satisfaction, by deposit in £iren*
a chartered bank, designated by him, to the credit of the
company and such person or party jointly, of a sum larger
than his estimate of the probable compensation, and not
less than fifty per cent, above the amount mentioned in
the notice served under section one hundred and forty-six.
165. The costs of any such application to, and of any such Co8ti*
hearing before the judge, shall be borne by the company,
unless the compensation awarded is not more than the company had offered to pay ; and no part of such deposit or of
any interest thereon shall be repaid, or paid to such company, or paid to such owner or party, without an order from Payment on
the judge, which he may make in accordance with the terms inly?'8 order
of the award.
166. The compensation for any lands which may be Compensa-
taken without the consent of the proprietor, shall stand in i^Jn^piace of
the stead of such lands ; and any claim to or incumbrance the land.
upon the said lands, or any portion thereof, shall, as against
vol. 1—12 il'i the
J /ff
89
Chap. 29.
The Railway Act,
51 Vict..
the company, be converted into a claim to the compensation
or to a like proportion thereof; and the company shall be
responsible accordingly, whenever it has paid such compensation, or any part thereof, to a person not entitled to receive
the same, saving always its recourse against such person..
Payment of       167. If the company has reason to fear any claims or in-
compensation S -n > *\ xt_ j.*~
into court in cumbrances, pr ii any person to whom the compensation or
certain cases, annual rent, or any part thereof is payable, refuses to execute the proper conveyance and guarantee, or if the person
entitled to claim the same cannot be found, or is unknown
to tbe company, or if, for any other reason, the company
deems it advisable, the company may, if the lands are situ^
ated els@w&£?£ than in the Province of Quebec, pay such
compensation into the office of the clerk or proth§n@tary of
the court, with the interest thereon for six months, and may
deliver to such clerk or prothonotary an authentic copy of
tjie conveyance, or of the award or agreement, if there is no
conveyance ; and such award or agreement sjiall thereafter
be deemed to be the fjjblg of the company to the land therein mentioned.
Notice to be
published.
Claims to be
adjudicated
upon.
Distribution
of compensation.
Costs.
Interest.
108. A notice in such form and for such time as the
cpurt appoints, shall be inserted in a newspaper, if there is
any, published in the county in which the lands are situajtedr
or if there is no newspaper published in the county, then
m the official Gazette of the Province, if any, and also
in a newspaper published in the nearest county thereto
in which a newspaper is published, which shall stafe tfcat the
title of the company, that is, the conveyance, agreement or
award, is under this Act, and shall call upon all persons en?
titled to the lands, or to any part thereof, or representing or
being the husbands of any persons so entitled, to file thej#
claims to the compensation, or any part thereof; and all such
claims shall be received and adjudicated upon by the oomrt,
and the said proceedings shall forever bar all claims to the
lands or any part thereof, including dower, as well as all
mortgages or incumbrances upon the same ; and the coutt
shall make such order for the distribution, payment or investment of the compensation, and for the securing of the rights-
pf all persons interested, as to right and justice and to law
appertains.
169* The costs of the proceedings, in whole or in part,,
including the proper allowance to witnesses, shall bo
paid by the company, or by any other person, a$ the
court orders ; and if such order of distribution is obtained
in less than six months from the payment of the compensation into court, the court shall di»$ct a proportionate part
of the interest to he returned to the company, and if i#om
any exp&Vy fault, &r neglect of the company, it is not obtained until after the six months have expired, the court
178 shall
k 1888. The Railway Act. Chap. 29. 40
shall order the company to pay to the proper claimants the
interest for such further period as is right.
170. If the lands so taken are situated in the Province of ^cj£jfS*
Quebec, and if the company has reason to fear any claim, m the Pro-
mortgage, hypotheque or incumbrance, or if any person to vinceofQue-
whom the compensation or annual rent, or any part thereof;
is payable, refuses to execute the proper conveyance and
guarantee, or if the pers&n entitled to claim the compensation
or rent cannot be found, or is unknown to the company, or
if, for any other reason, the company deems it advisable, the
company may pay such compensation into the hands of the
prothonotary of the Superior Court for the district in which
thelands are situate, with the interest thereon for six months,
and may deliver to the said prothonotary an authentic copy
of the conveyance, or pf the award, if there is no conveyance;
and such award shall thereafter be deemed to be the title of $$***
the company to the lands therein mentioned, and proceedings
shall thereupon be had for the confirmation of the title of
the company,«i» like manner as in other cases of confirma* |
tion of title,—except that, in addition to the usual contents f^SSase?*
of the notice, the prothonotary shall state that the title of
the company (that is, the conveyance or award) is under this
Act, and shall call upon all persons entitled to the lands, or
any part thereof, or representing or being the husband of any
person so entitled, to file their claims to the compensation,
or any part thereof; and all such claims shall be received
and   adjudicated upon by the court.
171. Such judgment of confirmation shall forever bar all f^^.0011*
claims to the land, or any part thereof, including dower not
yet open, as well as any mortgage, hypotheque or incum*
brance upon the same; and the court shall make such order gJ^SSSt
for the distribution, payment or investment of the compen* tion.
sation, and for the security of the rights of all persons inter
ested, as to right and justice and to law appertains.
172. The costs of the proceedings, in whole or in part, Costs.
shall be paid by the company, or by any other person, as the
cQU/pt orders, and if judgment of confirmation is obtained in
less than m- months from the payment of the compensation Interest
to the prothonotary, the court shall direct a proportionate
part of the interest to be returned to the company; and if,
from any error, fault or neglect of the company, it is not
obtained until after the six months have expired, the couirt?
shall order the company to pay the prothonotary the interest
for such further period as is right.
RAILWAY CBOS0IM0S AND JUNCTIONS.
'3. No company shall cross, intersect, join or unfits Ojd-^jj^
pay with any other railway without application to me t0 approval <
173.
railwav with any other railway without application to tne t0 approval of
vol i—B£ 179 Railway 41
Railway
Committee.
Chap. 29.
The Railway Act.
51 Vict.
Railway Committee for approval of the place and mode of
crossing, intersection, junction or union proposed,—of which
application ten days' notice in writing shall be given by
the company to any other company affected, by sending the
same, by mail or otherwise, to the address of the president,
superintendent, general manager, managing director or
secretary of such other company.
Railway
Committee
may make
regulations.
Necessary apparatus may
be ordered to
be adopted.
174. The Railway Committee may make such orders and
give such directions respecting the proposed crossing, intersection, junction or union, and the works to be executed
and the measures to be taken by the respective companies,
as to it appear necessary or expedient to secure the public
safety.
175. The Railway Committee may, on the application of
any company whose railway, at rail level, crosses or is
crossed by the railway of any other company, direct such
companies to adopt and put in use at such crossing, within
a reasonable time, to be fixed by such committee, such an
interlocking switch and signal system or device, as in the
opinion of such committee renders it safe to permit engines
and trains to pass over such crossing without being brought
to a stop.
Proportion of     176. The companies may agree with each other as to
expenses to be the compensation to be paid by one to the other in respect
paid by each      n • •■ ,•        •        •- • .i
company. °* any crosslllg) intersection, junction or union, or the proportion to be borne by each of the costs of executing any
work or taking any measure, or the carrying out of any
order of the Railway Committee ; but if they fail so to agree,
the amount of such compensation, or the proportion of such
costs so to be borne by each, shall be determined by the
Railway Committee.
Intersection
of railways
under provincial charters.
Navigation
not to be impeded.
177. Every railway company incorporated by any Act
of the Legislature of any Province which crosses, intersects,
joins or unites with any railway within the legislative
authority of the Parliament of Canada, or which is crossed, or
intersected by, or joined or united with any such railway
shall, in respect of such crossing, intersection, junction and
union, and all matters preliminary or incident thereto, be
deemed to be, and be, within the legislative authority of
the Parliament of Canada, and subject in respect thereof to
the provisions of this Act.
navigable waters.
178. No company shall cause any obstruction in or impede the free navigation of any river, stream Or canal, to or
across or along which its railway is carried.
180 170. It 88. The Railway Act. Chap. 29. 42
179. "Whenever the railway is carried across any naviga- n"^!^^61
ble river or canal, the company shall leave openings between rivers, &c.
the abutments or piers of its bridge or viaduct over
the same, and shall make such bridge or viaduct of such
clear height above the surface of the water, or shall construct such drawbridge or swing bridge over the channel of
the river, or over the whole width of the canal, and shall be
subject to such regulations as to the opening of such swing
bridge or draw bridge as the Governor in Council, from
time to time, directs or makes.
ISO. No company shall run its trains over any canal, or gri0dr^stobe
over the navigable channel of any river, without having
first laid such proper flooring under and on both sides of
its railway track over such canal or channel, as is deemed
by the Minister sufficient to prevent anything falling from
the railway into such canal or river, or upon the boats or
vessels, or craft, or persons who navigate such canal or
river.
181. No company shall construct  any wharf,  bridge, Plans of
... t     J •     ri ii bridges, &c,
pier or other work upon or over any navigable river, lake tobeap-
or canal, or upon the beach or bed or lands covered with proved.
the waters thereof, until it has first submitted the plan and
proposed site of such work to the Railway Committee, and
the same has been approved; and no deviation from such
approved site or plan shall be made without the consent of
the committee.
182. The Governor in Council may, upon the report of ^J^^
the Railway Committee, authorize or require any company bridge for
to construct fixed and permanent bridges or swing, draw another.
or movable bridges, or to substitute any of such bridges for
existing bridges on the line of its railway, within such
time as the Governor in Council directs; and for every day Jj^Jg^jJ.
after the period so fixed during which the  company fails ance.
to comply with the directions of the Governor in Council,
it shall forfeit and pay to Her Majesty the sum of two
hundred dollars; and no company shall substitute  any ^™|be
swing, draw or movable bridge for any fixed or permanent substituted
bridge already built and constructed, without the previous JjJJjJJP61*
consent of the Railway Committee.
HIGHWAY CROSSINGS.
If 183. The railway shall not be carried along an existing g^ng*
highway but shall merely cross the same in the line of the along hign.
railway unless leave therefor has been obtained from the jg^«
Railway Committee, and no obstruction ot sucn nignway Jr0perau-
with the works shall be made without turning the high- thority.
way so as to leave an open and good passage for carriages,
and, on completion of the works, replacing the highway;
181 and
31'' 48
Chap. 29.
The Railway Act.
51 Vict.
Penalty for
contravention.
and every company which violates the provisions of this
section shall incur a penalty of not less than forty dollars
for each such violation ; but, in either case, the rail itself,
if it does not, when the works are completed, rise above
or sink below the surface of the road more than one inch,
shall not be deemed an obstruction.
Variation 184. "Whenever any railway crosses any highway, with
in SwSveL8 ou* being carried over it by a bridge, or under it by a
tunnel or bridge, whether the level of the highway remains
undisturbed or is raised or lowered to conform to the grade
of the railway, the top of the rails shall not, when the crossing is completed, rise above or sink below the level of the
highway more than one inch.
Dimensions of 1815. The span of the arch of every bridge erected for
highways^and carrying the railway over or across any highway shall, at
inclination. q\\ times, be and be continued of the open and clear breadth
and space, under such arch, of not less than twenty feet, and
of a height, from the surface of such highway to the centre
of such arch, of not less than twelve feet; and the descent
of the highway passing under any such bridge shall not
exceed one foot in twenty feet.
Inclination of
highway at
crossings.
Fences.
Cost thereof
in certain
cases-
Plan at crossing of highway on the
level to be
submitted.
Powers of
RailwayCom-
mittee in such
case.
J86» The inclination of the ascent or descent, as the caff
may be, of any approach by which any roadway is carried
over or under any railway or across it at rail level shall not
be greater than one foot* of rise or fall for every twenty feet
of the horizontal length of such approach unless the
Railway Committee directs otherwise; and a good and
sufficient fence shall be made on each side of such approach,
and of the bridge or passage connected with it,^which fence
shall be at least four feet in height from the surface of the
approach, bridge or passage; and, in respect to railways
which, on the nineteenth day of April, one thousand eight
hundred and eighty-four, were under construction or already
.constructed, the Railway Committee shall determine the proportion in which the post of providing such fencing f@v sugIj.
approach shall be borne by the company or municipality or
person interested.
187. "Whenever any parstion of a railway is constructed,
or authorized or proposed to be constructed upon or along
or across any street or otkef public highway at rail level or
otherwise, the company, before constructing or using the
§ame, or, in the case of railways already constructed, within
§uch time as the Railway Committee directs, shall submit a
plan and profile of s»ch pojtion of railway foa? the approval
of the Railway Committee; and the Railway Dommittee, if it
qflppearg to it expedient or necessary f©r the public safety,
may* from time to time, with th© g&uotiw oi the Govern*
or in   Council,  authorise   or   require  the  company   fafc
im which arm cross-
1888. The Railway Act. Chap. 29. 44
which such railway belongs, within such time as the
said committee directs, to protect such street or highway by
a watchman or by a watchman and gates or other protection,
—or to carry such street or highway either over or under
the said railway by means of a bridge or arch, instead of
crossing the same at rail level,—or to divert such street or
highway either temporarily or permanently,—or to execute
such other works and take such other measures as under
the circumstances of the case appear to the Railway Com-
tftittee best adapted for removing or diminishing the danger
arising from the then position of the railway ; and all the As to land re
provisions of law at any such time applicable to the taking quire '
of land by such company, and to its valuation and conveyance to the company, and to the compensation therefor,
fchall apply to the case of any land required for the proper
carrying out of the requirements of the Railway Committee
under this section.
188. The Railway Committee may make such orders, and 5ailwaX.
f*fve such directions respecting such works and the execu- may make6
tion thereof, and the apportionment of the costs thereof and regulations.
of any such measures of protection, between the said company and any person interested therein, as appear to the
Railway Committee just and reasonable.
189. Every company shall incur a penalty of fifty dollars Penalty for
for each and every day after the expiration of the date fixed anceC°mpl1"
by the Railway Committee for the execution of any such
works during Which such works remain uncompleted, and
for each and every day after the date fixed by the Railway
Committee for the taking of any measure for the protection
of any such street or highway, or for removing or diminishing such danger as aforesaid, on which the company fails
to take such measure : Provided however, that the Railway Time may be
Committee may extend the time for the completion of the extended*
said work upon proper cause shown.
190. Signboards at every highway crossed at rail level Signboards
by any railway, shall be erected and kept up at each cross- crosslngT.^7
ing, and shall have the wTords " railway crossing | painted
on each side of the signboard, in letters at least six inches
in length, and in the Province of Quebec such words shall
be painted in both the English and the French languages;
and every company which neglects to comply with the
requirements of this section, shall incur a penalty not exceeding forty dollars.
FARM CROSSINGS.
101% Every company shall make crossings for persons f„.
across whose lands the railway is carried, convenient and ing3-
p£&p§¥fov the crossing oi' the railway by farmers' imple*
ments, carts and other Vehicles.
183 BRIDGES 45
Chap. 29.
The Railway Act.
51 Vict.
BRIDGES—TUNNELS.
As to height
of overhead
bridges.
No higher
cars to be
used till
bridge is
raised.
Bridge, &c,
to be raised
when re-constructed,
And clear
headway
maintained
thereafter.
Exception.
Penalty for
non-compliance.
192. Every bridge or other erection or structure or tunnel
over or through or under which any railway passes, and
every tunnel through which any railway passes, shall, at
all times, be so maintained as to admit of an open and clear
headway of at least seven feet between the top of the highest freight cars used on the railway and the bottom of the
lower beams, members or portions of that part of such bridge,
erection, structure or tunnel which is over the railway :
2. The company, before using higher freight cars than
those which admit of such open and clear headway of at
least seven feet, shall, after having first obtained the consent
of the municipality or of the owner of such bridge or other
erection, structure or tunnel, raise every such bridge or other
erection, structure or tunnel and the approaches thereto, if
necessary, so as to admit of such open and clear headway of
at least seven feet:
3. Whenever any bridge, erection, structure or tunnel
is constructed over or on the line of a railway, or whenever
it becomes necessary to reconstruct any bridge, erection,
structure or tunnel already built over or on the line of a
railway, or to make large repairs to the same, such bridge,
erection, structure or tunnel, and the approaches thereto, if
necessary, shall be constructed, reconstructed or repaired at
the cost of the company, or of the municipality or other
owner of the bridge, erection, structure or tunnel, as the
case may be, and shall be so constructed and at all times
maintained as to admit of an open and clear headway of at
least seven feet between the top of the highest freight cars
then used on the railway and the bottom of the lower beams,
members or portions of that part of such bridge, erection,
structure or tunnel which is over the railway:
4. Such company shall thereafter, before using higher
freight cars than those used on its railway at the time of
the construction or reconstruction of, or large repairs to such
bridge, erection, structure or tunnel, after having first obtained the consent of the municipality, or of the owner of
such bridge, erection, structure or tunnel, raise the said
bridge or other erection, structure or tunnel, and the approaches thereto, if necessary, so as to admit, as aforesaid, of
an open and clear headway of at least seven feet over the
top of the highest freight car then about to be used on the
railway:
5. The Governor in Council may exempt from the operation of this section any bridge, erection, structure or tunnel
which is upon any portion of any line of railway on all the
cars of the trains running upon which air-brakes are used
or otherwise :
6. Every company shall incur a penalty not exceeding
fifty dollars per day for every day of wilful neglect, omission or refusal to obey the provisions of this section.
164 193. mam*
1888- The Railway Act. Chap. 29. 46
193. No company shall run its trains  on   any bridge When only
unless such bridge is constructed and maintained with safe- ?*™y£*y I
guards approved by the Minister.    This section shall not bridge.
apply to any bridge already constructed, until six months
after the passing of this Act.
FENCES AND CATTLE-GUARDS.
194. When a municipal corporation for any township Fences, cattle-
has been organized and the whole or any portion of such f0u£ed!retted
township has been surveyed and subdivided into lots for and m**
settlement, fences shall be erected and maintained on each'tained
side of the railway through such township, of the height
and strength of an ordinary division fence, with openings
or gates or bars or sliding or hurdle gates of sufficient width
for the purposes thereof, with proper fastenings at farm crossings of the railway, and also cattle-guards at all highway
crossings suitable and sufficient to prevent cattle and other
animals from getting on the railway: Provided always, AstoN.B.,
that in New Brunswick, Nova Scotia and Prince Edward jj|->xaild
Island, wherever a county municipality has not been subdivided into local municipalities, each improved or occupied
lot of land shall be protected by fences, gates and cattle-
guards, as in this section provided:
2. A hurdle gate has proper fastenings if it is fifteen Fastenings at
inches longer than the opening and is supported at each  ur e gates"
end by two upright posts :
3. until such fences and cattle-guards are duly made and Liability of
completed, and if after they are so made and completed they default!7 m
are not duly maintained, the company shall be liable for all
damages done by its trains and engines to cattle, horses and
other animals, not wrongfully on the railway, and having
got there in consequence of the omission to make, complete
and maintain such fences and cattle-guards as aforesaid.
195. If the land through or by which the railway passes T^™*tj°* pif
is occupied at the time of the construction of the railway land is oc-
opposite thereto, the company shall make such fences, gates cnpied.
and cattle-guards as they lay their rails.
196. After such fences, gates and guards have been duly When com-
made and completed, and while they are duly maintained, Im^t&d from
no such liability shall accrue for any such damages, unless liability.
the same are caused wilfully or negligently by the company
or by its employees.
197. At   every  public road   crossing at rail level of Crossings to-
the railway, the crossing shall be sufficiently fenced on both
sides so as to allow the safe passage of the trains.
198. The persons for whose use farm crossings are fur- JJossTngVto"*
nished, shall keep the gates at each side of the railway be kept
185 closedclosed-
u /ff
49 Chap. 29. The Railway Act. 51 ViSt.
closed when not in use ; and no person, any of whose cattle
are killed by any train owing to the non-observance of this
section, shall have any right of action against any company
in respect to the same being so killed.
I
1
Penalty for 199. Every person who wilfully leaves any such gate
©pen.118 gateS open without some person being at or near it to prevent
animals from passing through it on to the railway, or who
takes down any part of a railway fe&ee$ or turns any horse,
cattle or other animal upon or within the enclosure of such
railway, is liable, on summary conviction, to a penalty of
twenty dollars for each offence, and is also liable to the
railway company for any damage to the property of the
company of for which the company is responsible, by reason
of such gale being so left Open, ©r by reason of such fence
Company not being so taken down* or by the turning upon or within
«ase.e m SUC *ke enclosure of Such railway of any horse, cattle or other
animal; and no person* any of whose cattle are killed
by any train owing to the non-observance of this section,
shall have any right of action against any company in
respect to the same being so killed.
INSPECTION OF RAILWAY BEFORE OPENING.
NetieetoRaii- 200. No railway, or portion of any railway, shall be
teetarore1"*" opened for the public conveyance of passengers, until one
railway is month after notice in writing of the intention to open the
opened. same   is   given   to   the   Minister  by    the    company  to
which the railway belongs, and until ten days after notice in
writing is given to the Minister by the company,
of the time when the railway or portion of railway will be,
in the opinion of the company, sufficiently completed for the
safe conveyance of passengers, and ready for inspection.
Penalty for 201. If any railway or portion of a railway is opened
ahce?°mph" without such notices, the company to which such railway
belongs shall forfeit to Her Majesty the sum of two hundred
dollars for every day during which the same continues open,
until the said notices have been duly given and have
expired.
Railway to be     202* The Minister, upon receiving such notification, shall
inspected.      direct one or more engineers to examine the railway proposed
to be opened, and all bridges, culverts, tunnels, road crossing^
and other works and appliances connected therewith, and
also all engines and other rolling stock intended to be used
Postpone-      thereon ; and if the inspecting engineer reports in writing
Sgif rtpTtTsto   the   Minister   that>    t#    his   opinion,    the   opening
unfavorable,   of the same would be attended with danger to the public
using the same, by reason of the incompleteness of the works
or permanent way or of the insufficiency of the establishment for working such railway, together with the ground
186 of 206. Whenever that   portion   of  any   railway which if railway is
crosses or is constructed upon or along airy turnpike road, at a^rSng
•street or other public highway at r&il level i# Ou*t of repair, notice to be *
the chief officer of the mui#£i^ality, or other lo$aI division, giveD
4 187 having
^888- The Railway Act. Chap. 29. 48
oi such opinion, the Minister, with the sanction of
the Governor in Council,—and so, from time to time, as
often as such engineer, after further inspection thereof,
reports to the like effect,—may order and direct the company
to which the railway belongs, to postpone such opening for
any time not exceeding one month at any oiie time, until it
appears to the Minister that such opening may take place
without danger to the public.
203. If any railway or any portion thereof is opened Penalty for
contrary   to   such order   or   direction   of  the   Minister, Shorter
the company to whom the railway belongs shall forfeit to
Her Majesty the sum of two hundred dollars for every day
-during which the same continues open contrary to such
order or direction.
204. No such order shall be binding upon the company Order not
unless a copy of the report of ike inspecting engineer ou biJJdins wj.tn*
which the order is founded is delivered tb the company with Sort?7
jsuch order.
INSPECTION OP RAILWAY OUT OP REPAIR.—REPAIRS.
205. Whenever the  Minister receives   information   to Proceedings
the effect that any  bridge,  culvert,  viaduct,  tunnel  or ifPartof *ail-
any other portion of any railway,  or any  engine,  car or repafr.
carriage used or for use on any railway, is dangerous to the
public using the same, from want of repair, insufficient or
erroneous construction, or from any other cause, or whenever circumstances arise which, in his opinion, render it
expedient, he may direct one or more engineers to examine
and inspect the railway or any portion thereof, or of the works
oonnected therewith, or the engines and other rolling stock
in use thereon, or any portion thereof, and, upon the report
of the inspecting engineer, may condemn the railway, or any
portion thereof, or any of the rolling stock or other appliances used thereon, and, with the approval of the Governor
in Council, may require any change or alteration therein or
in any part thereof, or the substitution of any new bridge,
culvert, viaduct or tunnel, or of any material for the said
railway; and thereupon the company to which such rail- Defects to oe
way belongs, or the company using, running or controlling made good'
the same, shall, after notice thereof in writing, proceed to
make good  or remedy the defects in the said portions of
the railway, or in the locomotive, car or carriage which has
been so condemned, or shall make such change, alteration
or substitution as has been required by the Minister. 49
Chap. 29.
lie Railway Act.
51 Yict.
Proceedings
thereafter.
having jurisdiction over such highway, may serve a notice
upon the company in the usual manner, requiring the
repair to be forthwith made ; and, if the company does not
forthwith make the same, such officer may transmit a copy
of the notice so served to the Minister; and thereupon the
Minister shall, with all possible despatch, appoint a day
for an examination into the matter; and shall, by mail, give
notice to such chief officer and to the company of the day
so fixed.
1
Provision if
the company
makes de-
iault.
fV
Inspection ^ 207. Upon the day so named the said portion of the
?ngsPth°eCre- " railway shall be examined by the engineer directed by the
upon. Minister to make such examination, and any certificate un
der his hand shall be final on the subject so in dispute
between the parties; and, if the inspecting engineer
determines that any repairs are required, he shall specify
the nature thereof in his certificate, and direct the company to make the same; and the company shall thereupon,
with all possible despatch, comply with the requirements
of such certificate.
208. In case of default, the proper authority in the
municipality or other local division within whose jurisdiction the said portion of the railway is situate, may make
such repairs, and may recover all costs, expenses and outlays in the premises, by action against the company in any
court of competent jurisdiction, as money paid to the company's use; but neither this section nor any proceeding
had thereunder shall at all affect any liability otherwise-
attaching to such company in the premises.
feeed of°n °f 2.°">- ^ne Minister, or anv inspecting engineer, may
tra?ns,°&c. limit the number of times or rate of speed of running
of trains or vehicles, upon any railway or portion of railway,,
until such alterations or repairs as he thinks sufficient have
been made, or until such time as he thinks prudent; and
the company owning, running or using such railway shall
forthwith comply with any such order of the Minister
or an inspecting engineer, upon notice thereof as afore-
Penaity. ggjfl . an(j for every act 0f non-compliance therewith, such
company shall forfeit to Her Majesty the sum of two
thousand dollars.
SriM mafbe 210# If' in the °Pinio11 of anY inspecting engineer, it is
prohibited in dangerous for trains or vehicles to pass over any railway,
or any portion thereof, until alterations, substitutions or
repairs are made thereon, or that any particular car, carriage
or locomotive should be run or used, the said engineer may
forthwith forbid the running of any train or vehicle over
such railway or portion of railway, or the running or using
of any such car, carriage or locomotive, by delivering or
causing to be delivered to the president, managing director
188 or
case of dan
ger 1888. The Railway Act. Chap. 29. 50
or secretary or superintendent of the company owning,
running or using such railway, or to any officer having the
management or the control of the running of trains on such
railway, a notice in writing to that effect with his reasons
therefor, in which he shall distinctly point out the defects
or the nature of the danger to be apprehended ; and for Penalty,
every act of non-compliance therewith such company shall
forfeit to Her Majesty the sum of two thousand dollars.
211. The  inspecting engineer  shall  forthwith   report Report and
the same   to  the   Minister   who,  with the  sanction  0f^lonthere'
the Governor in Council, may either confirm, modify or disallow the act or order of the inspecting engineer ; and notice
of such confirmation, modification or disallowance shall be
duly given to the company affected thereby.
PROOF OF PROCEEDINGS AT MEETINGS—NOTICES.
212. Copies of the minutes of proceedings and resolutions Copies of
of the shareholders of the company, at any annual or ^ence.t0 bd
special meeting, and of the minutes of proceedings and
resolutions of the directors, at their meetings, extracted
from the minute books kept by the secretary of the company,
and by him certified to be true copies extracted from such
minute books, shall be evidence of such proceedings and
resolutions in any court.
213. All notices given by the secretary of the company, Notice by see-
by order of the directors, shall be deemed notices by the re ary va l '
directors and the company.
BY-LAWS, RULES AND REGULATIONS.
214. The company may, subject to the provisions and Company
restrictions in this and in the special Act contained, make Sws^or cer-~
by-laws, rules or regulations for the following purposes, tain purposes.
that is to say :—
(a.) For regulating the mode by which, and the speed at Speed, &c.
which carriages using the railway are to be moved or
propelled;
(b.) For regulating the hours of the arrival and departure Time.
of any such carriages;
(c.) For regulating the loading or unloading of such Loads.
carriages, and the weights which they are respectively to
carry ;
(d.) For regulating the receipt and delivery of goods and Goods-
other things which are to be conveyed upon such carriages;     j
(e.) For preventing the smoking of tobacco, and the com- dances,
mission of any other nuisance in or upon such carriages, or
in any of the stations or premises occupied by the  company ;
189 ■ 51
Use of railway.
Conduct of
officers, &c.
Management.
Chap. 29.
Tlie Railway Act*
51 Vic*.
Penalty for
violation of
by-laws.
Form of bylaws.
Sanction.
(f.) For regulating the travelling upon, or the using Or
working of the railway ;
(g.) For regulating the conduct of the officers, servants
and employees of the company; and-—
(h.) For providing for the due management of the affairs
>f the company in all respects whatsoever.
215. The company may, for the better enforcing the
observance of any such by-law, rule or regulation, thereby
prescribe a penalty not exceeding forty dollars for any
Violation thereof.
216. All by-laws, rules and regulations of the cdmpany
shall be reduced to writing, be signed by the chairman or
person presiding at the meeting at which they a#e adopted,
have affixed thereto the common seal of the company, and
be kept in the office of the company.
217. All such by-laws, rules and regulations shall be
submitted from time to time to the Governor in Oimncil fof
Approval, and no such by-law, rule or regulation Shall
have any force or effect until it is approved by the1 (Jtfyerm*
or in Council.
218* A printed copy of so much of any by-laW, rule &£
regulation as affects any person other than the shareholders, or the officers, servants or employees of the company,
shall be openly affixed and kept affixed to a conspicuous
part of every station belonging to the company, and so as
to give public notice thereof to the persons interested
therein or affected thereby ; and in the Province of Quebec
such notice shall be published botlil in the English and
French languages.
219. A printed copy of so much of any by-law, rule or
order as relates to the conduct of or affects the officers,
servants or employees of the company, shall be giyen to
every officer, servant and employee of the company thereby
affected ; and in the Province of Quebec such notice shall
be published both in the English and French languages.
Who shall be      220. Such by-laws, rules and regulations, when so con-
bv^awsySUCh ^■Tme^ shall be binding upon and observed by all persons,
and shall be sufficient to justify all persons  acting thereunder.
Publication.
Publication
of by-laws
anwting employees.
Summary interference in
■certain cases
221. If the violation or non-observance of any such bylaw* rude or regulation is attended with danger or annoyance to the pubfiie, or hindrance to the company in the
larwful use of the railway, the company may summarily
interfere, to obviate or remove such danger,  annoyance7 o¥;
190 hindrance,
\i 1888. The Railway Act. Chap. 29. 52
hindrance, and without prejudice to any penalty incurred
by the violation of such by-law, rule or regulation.
222. A copy of any by-law, rule or regulation certified Certified copy
as correct by the president or secretary of the company, denbce.eV1"
shall be evidence thereof in any court. pi
TOLLS.
223. Subject to the provisions and restrictions in this Tolls, how
and in the special Act contained, the company may, by by- fixed*
laws, or the directors, if thereunto authorized by the bylaws, may, from time to time, fix and regulate the tolls to
be demanded and taken for all passengers and goods transported upon the railway, or in steam vessels belonging to
the company.
224. Such tolls may be fixed either for the whole or for No discrimi-
any particular portions of the railway ; but all such tolls ^ade?t0 be
shall always,  under the same circumstances, be charged
equally to all persons, and at the same rate,  whether per
ton, per mile or otherwise, in respect of all passengers and
goods and railway carriages of the same description, and
conveyed or propelled by a like railway carriage ©r engine,
passing only over the same portion of the line of railway ;
and no reduction or advance in any such tolls shall be
made, either dicectly or indirectly, in favor of or against
any particular company or person travelling upon or using
the railway.
225* The tolls fixed for large quantities or long distances Special rates.
may be proportionately less than the tolls fixed for small
quantities or short distances, if such tolls are, under the
same circumstances, charged equally to all persons; but in
respect of quantity no special toll or rate shall be given or
fixed for any quantity less than one car load of at least ten
tons.
226. The company, in fixing or regulating the tolls to be $^}fig^"1
demanded and taken for the transportation of goods, shall,
except in respect to through traffic to or from the United
States, adopt and conform to any uniform classification! of
freight which the Governor in Council on the report of the
Minister, from time to time, prescribes.
227. No tolls shall be levied or taken until the by-law l^g*^ I
fixing such tolls has been approved of by the Governor in Governor in
Council, nor until after two weekly publications in the Council.
Canada Gazette  of such by-law and of the Order in Council approving thereof; nor shall any company levy or col-
vice as com-
lect any money for services as a common carrier except sub- mon carrier,
ject to the provisions of this Act.
191 228. 53
Revision of
by-law fixing
tolls.
Fractions,
how estimated.
Chap. 29.
The Railway Act.
51 Vict.
228. Every by-law fixing and regulating tolls shall be subject to revision by the Governor in Council, from time to time,
after approval thereof; and after an Order in Council altering the tolls fixed and regulated by any by-law, has been
twice published in the Canada Gazette, the tolls mentioned
in such Order in Council shall be substituted for those mentioned in the by-law, so long as the Order in Council
remains unrevoked.
229. In all cases, a fraction in the distance over which
goods or passengers are transported on the railway shall be
considered as a whole mile ; and for a fraction of a ton in
the weight of any goods, a proportion of the tolls shall be
demanded and taken, according to the number of quarters
of a ton contained therein, and a fraction of a quarter of a
ton shall be deemed and considered as a whole quarter
of a ton.
Tolls, to
whom payable.
Discrimination.
When allowable.
y
Tariff to be 230. The company shall, from time to time, cause to be
posted up. printed and posted up in its offices, and in every place
where the tolls are to be collected, in some conspicuous
position, a printed board or paper, exhibiting all the rates of
tolls payable, and particularizing the price or sum of money
to be charged or taken for the carriage of any matter or
thing.
231. Such tolls shall be paid to such persons and at such
places, near to the railway, in such manner and under such
regulations as the by-laws direct.
232. No company, in fixing any toll or rate, shall, under
like conditions and circumstances, make any unjust or
partial discrimination between different localities ; but no
discrimination between localities, which, by reason of competition by water or railway, it is necessary to make to
secure traffic, shall be deemed to be unjust or partial.
233. No company shall make or give any secret special
toll, rate, rebate, drawback or concession to any person;
and every company shall, on the demand of any person,
make known to him any special rate, rebate, drawback or
concession given to any one.
Enforcement 234. In case of denial or neglect of payment on
toi?sayment °f demand of any such tolls, or any part thereof, the
same shall be recoverable in any court of competent jurisdiction ; or the agents or servants of the company may
seize the goods for or in respect whereof such tolls are payable, and may detain the same until payment thereof, and
in the meantime the said goods shall be at the risk of the
owners thereof.
192 235.
No secret
special rates
to be given.
1 The Railway Act. Chap. 20. 54
235. If the tolls are not paid within six weeks, the com- Sale of goods
pany may sell the whole or any part of such goods, and %y^m °f
out of the money arising from such sale retain the tolls
payable, and all reasonable charges and expenses of such
seizure, detention and sale, and shall deliver the surplus, if
any, or such of the goods as remain unsold, to the person
entitled thereto.
traffic arrangements.
'2B8. The directors of any company may, at any time, ArJJn|e" m-
make and enter into any agreement or arrangement with terchange of
any other company, either in Canada or elsewhere, for the traffic-
regulation and interchange of traffic passing to and from
the company's railways, and for the working of the traffic
over the said railways respectively, or for either of those
objects separately,—and for the division and  apportionment of tolls, rates and charges in respect of such traffic,—
and generally in relation to the management and wTorking
of the railways, or any of them, or any part thereof, and of
any railway or railways in connection therewith, for any
term not  exceeding twenty-one years,—and to provide,
cither by proxy or otherwise, for the appointment of a joint
committee or committees for the better carrying into effect
any such agreement or arrangement, with such powers and
functions as are considered necessary or expedient,—subject ApprovalaSt<>
to the consent of two-thirds of the stockholders voting in
person or by proxy, and also to the approval of the Governor
in Council.
239. Before such approval is given, notice of the appli- SjJJJS^f JgT
cation therefor shall be published in the Canada Gazette for approval,
at least two months previously to the time therein named
vol. 1-13 103 for
236. If any goods remain in the possession of the company Sale of un-
unclaimed for the space of twelve months, the company may g0a0im,ed
thereafter, and on giving public notice thereof by advertise-
ment, for six weeks, in the Official Gazette of the Province
in which such goods are, and in such other newspapers as
it deems necessary, sell such goods by public auction, at a
time and place which shall be mentioned in such advertisement, and, out of the proceeds thereof, pay such tolls and all ^P^^
reasonable charges for storing, advertising and selling such ° procee s*
goods; and the balance of the proceeds, if any, shall be
kept by the company for a further period of three months,
to be paid over to any person entitled thereto.
237. In default of such balance being claimed before the Disposal of
expiration of the period last aforesaid, the same shall be paid balance.6
over to the Minister of Finance and Receiver General for
the public uses of Canada, until claimed by the person
entitled thereto. 55
Chap. 29.
The Railway Act.
51 Tier.
for the making of such application ; and such notice shall
state a time and place when the application is to be made,,
and that all persons interested may then and there appear
and be heard on such application.
Facilities to
be afforded in
respect of
traffic.
No nndne advantage.
As to continuous lines
of railway.
Aftajpeata
in violation
void.
Every company shall, according to its power, afford5
all reasonable facilities to any other railway company for
the receiving and forwarding and delivery of traffic upon
a^id frojn th& several railways belonging to or worked by
suq& companies respectively, and for the return of carriages,-
trucks ajftd other vehicles; and no such company shall
m^be or give any undue or unreasonable preference or
advantage to or in favor of any particular person or company, or any particular description of traffic in any respect
vffeitsoever,—nor shall any such company subject any particular person or company, or any particular description of
a;aftc to any undue or unreasonable prejudice or disadvantage in any respect whatsoever ; and every company which
48$ qjc works a railway which forms part of a continuous-
line of railway, or which intersects any other railway, or
which has any terminus, station or wharf near to any
terjt^inus, station or wfearf of any other railway, shall afford
all due an$ reasonable facilities for receiving and forwarding!
^y i&s railway all the traffic arriving by such ©isaer railway, wi4iiou4 any r\B.i#agonabl,e delay, and without any
such preference or advantage, or prejudice or disadvantage^,
as aforesaid, and so that no obstruction is offered to the
public desirous of usi&g, such railway &s a continuous line-
of communication, and so that all reasonable accommodation,
by ^teans, of $i$ ^ajlw&ys of thf several companies, is, at alk
tim^, $Ji^$ed to the public in that' &$h;aM; ami any agrees
ment m^^ &e£ween any two or morje. companies contrary
to this se&fciQn shall be unlawful, and null and void
Penalty for       *M3k Every officer, servant or agent of any company,,
officerto^e-   n-v^^iS.ft^ supenntend^ce of the traffic at any station o#:
ceive and      depo£p&ereojj who refus.es or neglects, tq receive, convey or
convey goods, deliver a£ any statin, or depot of the company for which,
mey are destined, any passenger, goods or thing, brought,.
ci>nv"eyed or delivered to ^im or such company, for conveyance oyer or along its rail^y from that of any other company, imeraecting or being near to such first mentioned
railway, o* who in any way wilfully violates the provisions
of the next preceding section, and the company first mentioned are, for each such refusal, neglect or offence, severally
liable, on summary conviction, to a penalty not exceeding
■fifty dollars over arid above the actuaj, damages sustajLne^ ;
Recovery «nd which penalty   shall  be recoverable  with  costs, by the
•ppiication.   Taiiwav company or by any person   aggrieved by such
neglect or iei"uL$aI, and sue ^ ne^a^y sj^ajl, {xelonjj j$, tjjie
saij railway company, or ot.<i#r pei&on Mflffg'A&TOflf'
' 194 242~ 1888. The Railway Act. Chap. 99. M>
242. Every oompany which grants anv facilities to anv ^ual facili"
• j.j in j Jt ties to express
incorporated express company or person shall grant equal companies,
facilities on equal terms and conditions to any other incor- *c.
ooimted express company which demands the same.
WORKING  OF THE RAILWAY.
243. Every railway company, which runs trains upon the Best appli-
railway for the conveyance of passengers, shall provide and communica-
cause to be used in and upon such trains such known appa- tion and for
ratus and arrangements as best afford srood and sufficient J3K5 k«.
Y* •       •       i , i trains to oe
means of immediate communication between the conductors used.
anc] the engine drivers of such trains while the trains are in
motion,—and good and sufficient means of applying, by the
power of the steam engine or otherwise, at the will of the
engine driver or other person appointed to such duty, the
brakes to the wheels of the locomotive or tender, or both,
or of all or any of the cars or carriages composing the trains,
and of disconnecting the locomotive, tender and cars or
carriages from each other by any such power or means,—and
also such apparatus and arrangements as best and most
securely place and fix the seats or chairs in the cars or carriages,—and shall alter such apparatus and arrangements or
supply new apparatus an4 arrangements, from time to time,
as the Railway Qommittee orders; and every railway com- Penalty for
$auy which fails to comply with any of the provisions of ance?°mp *"
this section, shall forfeit to Her Majesty a sum not exceeding two hundred dollars for- every day during which such
default continues, and shall, as well, be liable to pay to all Liability for
i .ji r. v damages.
such persons as are injured by reason oi non-compliance
with these provisions, or to their representatives,  such
damages as they are legally entitled to, notwithstanding
any agreement to the contrary with regard to any such
person.
244. Every locomotive engine shall be furnj$hed with a S&fiJ^
bell, of at least thirty pounds weight, and witfr $ steam
whistle.
245. No baggage, freight, merchandise or lumber pars paggengerf
shall be placed in rear of the passenger cars. cars.
246. All regular trains shall be started and run as near ^^Ve^ar
as practicable at regular hours, fixed  by public notice, and hours. *
shall furnish sufficient accommodation for the transportation of all such passengers and goods as are within a reasonable time previously thereto offered for transportation at the
place of starting, and at the junctions of other railways and
at U,sual stopping places established for receiving and dis-
c^a^ip&g way passengers an4 goods from the trains *
2. Such passengers and goods shall be taken, transported of0pagyeanngceer3
to and from, and discharged at such places, on the due pay- and goods,
ment of the toll, freight or fare lawfully payable therefor:
VOL. I—13J 195 3. 57
Chap. 29
The Railway Act.
51 Vict.
I
Right of
action in case
•of neglect.
3. Every person aggrieved by any neglect or refusal in
the premises, shall have an action therefor against the company,—from which action the company shall not be relieved
by any notice, condition or declaration, if the damage arises
from any negligence or omission of the company or of its
servant.
II
Servants to 247. Every servant of the company employed in a pas-
wear badges. genger train or at a station for passengers, shall wear upon
his hat or cap a badge, which shall indicate his office, and
he shall not, without such badge, be entitled to demand or
receive from any passenger any fare or ticket, or to exercise
any of the powers of his office, or to interfere with any passenger or his baggage or property.
Expulsion of      248. Every passenger who refuses to pay his fare may,
FSg topav" kv *^e conductor of the train and the train servants of the
" company, be put out of the train, with his baggage, at any
usual stopping place, or near any dwelling house,  as the
conductor elects, the conductor first stopping the train and
using no unnecessary force.
Injury to pas-    249. No person injured while on the platform of a car,
inggon piat-d" or 013L any Da&&age> wood or freight car, in violation of the
form, &c.      printed regulations posted up at the time, shall have any
claim in respect of the injury, if room inside of such passenger cars, sufficient for the proper accommodation of the
passengers, was furnished at the time.
Checks to be
affixed to
Ibaggage.
250. Checks shall be affixed by an agent or servant to
every parcel of baggage having a handle, loop or fixture of
any kind thereupon, delivered to such agent or servant for
transport, and a duplicate of such check shall be given to
the passenger delivering the same.
Penalty for
refusing to
■affix check.
/•»■<(
51. If such check is refused on demand, the company
shall pay to such passenger the sum of eight dollars, which
shall be recoverable in a civil action ; and no fare or toll
shall be collected or received from such passenger, and if
he has paid his fare, the same shall be refunded by the con
ductor in charge of the train.
Evidence of      252. Any passenger who produces such check may him-
gage? °   ag" selI> De a witness in  any action or suit brought by him
against the company to prove the contents and value of his
baggage not delivered to him.
253. No passenger shall carry, or require the company
to carry upon its railway, aquafortis or oil of vitriol, gun-
powder, nitro-glycerine, or any other goods which, in the
judgment of the compan}', are of a dangerous nature; and
every person who sends by the railway any such goods
1^6 without,
As to danger
ous goods. 1888. The Railway Act. Chap. 29. 58
without, at the time of so sending the same,  distinctly To be plainly
marking their nature on the outside of the package contain- mar e '
ing the same, and otherwise giving notice in writing to the
station master or other servant of the company with whom
the same are left, ot who carries or takes upon any railway
train such material as is mentioned above, for the purpose
of having the same carried by the said railway train, shall
forfeit to the company the sum of five hundred dollars for ?en^li7 for
,       rr» contraven-
every such offence, tion.
254. The company may refuse to take  any package or Dangerous
parcel which it suspects to contain goods of a dangerous ^fused?*7 *
nature, or may require the same to be opened to ascertain
the fact; and the company shall not carry any such goods Carriage of
of a dangerous nature, except in cars specially designated 8Uch £°ods*
for that purpose,  on each side of each of which shall
plainly appear,   in large letters, the words "dangerous
explosives ; " and for each neglect to comply with the pro- Penalty for
visions of this section, the company shall incur a penalty ?°0n.rave*n"
#f five hundred dollars.
255. When a railway passes any draw or swing bridge T™itt t0 stoP
over a navigable river, canal or stream, which is subject to ing a\wSng
be opened for the purposes of navigation, the trains shall, bridge.
in every case, be stopped at least one minute, to ascertain
from the bridge tender that the said bridge is closed and in
perfect order for passing, and in default of so stopping for
the full period of one minute, the company shall incur a
penalty of four hundred dollars.
256. The bell, with which the engine is furnished, shall Beiitoberung
be rung, or the whistle sounded, at the distance of at least sounded at
eighty rods from every place at which the railway crosses crossings.
any highway, and be kept ringing or be sounded at short
intervals, until the engine has crossed such highway; and Penalty for
the  company shall, for each neglect to comply with the aln)cle°ompu"
provisions of this section, incur a penalty of eight dollars,
and shall also be liable for all damage sustained by any
person by reason of such neglect; and a moiety of such penalty and damages shall be chargeable  to and collected by
the company from the engineer who has charge of such
engine, and who neglects to sound the whistle or ring the
bell as aforesaid.
257. An officer shall be stationed at every point where Officer to be
two railways cross each other at rail level, and no train crosSng. **
shall proceed over such crossing until signal has been made
to the conductor thereof that the way is clear
258. Everv locomotive or railway engine, or train of Trains to stop
•'.i i-ii-in       «i ii     j.      i     j? at level cross-
cars, on any railway, shall, before it crosses tne track ot any ing8<
other railway at rail level, be stopped fo- the space of at least
19 T   t one 59
Exception.
Chap. 2).
The Railway Act.
51 Vict.
I
Rate of speed
in cities, &c.
As to train
moving reversely.
Penalty.
one minute; but whenever there is adopted or in use on
any railway at any crossing thereof at rail level by any
other railway, an interlocking switch and signal system, or
other device, which, in the opinion of the E ail way Committee, renders it safe to permit engines and trains to pass
over such crossing without being brought to a stop, such
Committee may, by an order in writing, give permission
for engines and train to pass without stopping, under such
regulations as to speed and other matters, as the said Committee deems proper, and may, at any time, modify or revoke
such order.
259* No locomotive or railway engine shall pass in or
through any thickly peopled portion of any city, town or
village, at a speed greater than six miles an hour, unless the
track is properly fenced.
260. Whenever any train of cars is moving reversely in
any city, town or village, the locomotive being in the rear,
the company shall station on the last car in the train, a
person who shall warn persons standing on or crossing the
track of such railway, of the approach of such train ; and
for every violation of any of the provisions of this section
or of any of the three sections next preceding, the company
shall incur a penalty of one hundred dollars.
261. Whenever any railway crosses any ptlblic
highway at rail level, the company shall not, nor shall its
officers, servants or agents, wilfully permit any engine,
tender or car, or any portion thereof, to stand on any part
of such highway for a longer period than five minutes at
one time:
2. In every ease of a violation of this section, every
s*ach officer, servant and agent who has under or subject to
his control, management or direction, any engine, tender or
car which, or any portion of which, is wilfully allowed to
stand on such highway longer than the time specified in
this section, is, and such company is also for each such violation, liable on summary conviction to a penalty not exceed-
ing fifty dollars: Provided always, that if such alleged
violation is, in the opinion of the court, excusable, the
action for the penalty may be dismissed, but without costs.
Application. 262. This section shall apply to every railway and railway company within the legislative authority or jurisdiction of the Parliament of Canada :
2. In this section the expression " packing ry means a
packing of wood or metal, or some other equally substantial
and solid material, of not less than two inches in thickness,
and which, where by this section any space is required to
be filled in, shall extend to within one and a-ha^ff inches of
the crown of the rails in use on any such railway, shall be
198 neatly
Cars not to
stand on railway crossing.
Penalty for
violation.
Proviso.
Interpretation of terms
VJ 3-888. The Railway Act. Chap. 29. 60
neatly fitted so as to come against the web of such rails, and
shall be well and solidly fastened to the ties on which such
rails are laid:
3. The spaces behind and in front Of every railway frog Packing of
or crossing, and between the fixed rails of every switch fr°gs>&c-
where such spaces are less than five inches in width, shall
be filled with packing up to the under side of the head of
the rail:
4. The spaces between any wing rail and any railway And of wing
frog, and between any guard rail and the track rail along ?aiis?Uard
side of it, shall be filled with packing at their splayed ends,
so that the whole splay shall be so filled where the width
of the space between the rails is less than five inches; such
packing not to   reach   higher than   to   the under   side
of the head of the rail:    Provided however, that the Rail- Proviso,
way Committee may allow such filling to be left out, from
t$ie month of December tft the month of Aptil in each year,
both months included:
5. The oil ctipS or Other &pplia$c§& fll&a for oiling the Oil cups,
valves of every locomotive in use Upon any railway shall
be such thaH no employee shftll be required to go diitsMe
the cab of the locomotive, while the same is in motion, for
the purpose of oiling such valves,
TRAILS  OVERDUE.
263. BVery company, Upon whose roSa Ihere is a tele- Dutyofsta-
graph line in operation, shall haVe a blackboard put upon J°n ^Sk*
the outside of the station house, over the ^latfSrhi of train is over-
the station, |g some conspicuous place at each station of
such Compaq at which there is a telegraph office; and
when any passenger train is overdue for half an hour at any
such station, according to the time table of such company,
the station master or person in charge at such station, shall
write, or cause to be written with white chalk on such
blackboard, a notice in English and French in the Province
of Quebec, and in English in the other Provinces, stating,
to the best of his knowledge and belief, the time when
such overdue train may be expected to reach such station ;
and if, when that time has come, the train has not reached
the station, the station master or person in charge of the
station shall write, or cause to be written on the blackboard in like manner, a fresh notice stating, to the best of
his knowledge and belief, the time when such overdue
train may then be expected to reach such station:
2. Every   such company, station  master or person  in Penalty for
charge at any such station, is, on summary conviction, liable JJJef°mp
to a penalty not exceeding five dollars for every wilful
neglect, omission or refusal to obey the provisions of this
section :
3   Every  such company shall have a printed  copy of Copyofthis
this section posted up in a conspicuous place at each of its p0gtetiup.
stations at whrh there is a telegraph office.
199 CARRIAGE 61
Chap. 29.
The Railway Act.
51 Yict.
t
CARRIAGE   OF   MAILS, NAVAL   AND   MILITARY   FORCES, ETC.
Carriage of 264. Her Majesty's mail, Her Majesty's naval or military
maiisM^c!tyS forces or militia, and all artillery, ammunition, provisions
or other stores for their use, and all policemen, constables
or others travelling on Her Majesty's service, shall at all
times, when required by the Postmaster General of Canada,
the Commander of the Forces, or any person having the
superintendence and command of any police force respectively, and with the whole resources of the company if
required, be carried on the railway, on such terms and conditions and under such regulations as the Governor in
Council makes.
TELEGRAPH LINES.
Government      265. The company shall, when required so to do by the
tekgraphif^ Governor in Council, or any person authorized by him, place
required.       any electric telegraph and telephone lines, and the apparatus and operators it has, at the exclusive use of the Government of Canada, receiving thereafter reasonable compensation for such service.
Telegraph
lines may be
constructed
by Government.
Notice of accidents to be
given.
Penalty for
non-compliance.
266. The Governor in Council may, at any time, cause a
line or lines of electric telegraph or telephone to be constructed along the line of the railway, for the use of the Government of Canada, and for that purpose may enter upon
and occupy so much of the lands of the company as is necessary for the purpose.
ACCIDENTS, COMMISSIONS TO INVESTIGATE.
267. Every company shall, as soon as possible, and within forty-eight hours at the furthest, after the occurrence
upon the railway belonging to such company, of any
accident attended with serious personal injury to any person using the same, or whereby any bridge, culvert, viaduct
or tunnel on or of the railway has been broken or so
damaged as to be impassable or unfit for immediate use,
give notice thereof to the Minister ; and every company
which wilfully omits to give such notice shall forfeit to
Her Majesty the sum of two hundred dollars for every day
during which the omission to give the same continues.
Commission- 268. The G-overnor in Council, on the recommendation
intoactiT116 01>.tne Minister, may appoint such person or persons as he
dents. thinks fit to be a commissioner or commissioners for inquir
ing into the  causes of and the circumstances connected
with any accident or casualty to life or property occurring
on any railway, and into all particulars relating thereto ;
Remunera-    and such commissioner or commissioners shall receive such
tion. remuneration for his or their services as the Governor in
Council determines.
20o 269. 1888. The Railway Act. Chap. 29. 62
269. The commissioner or commissioners shall report Report.
fully, in writing, to the Minister, his or their doings and
opinions on the matters respecting which he or they are
appointed to inquire.
27©. The remuneration of the commissioners and the Payment of
fees and allowances to the witnesses shall be paid out of commission-
•JJT.TIT j.   o ■      4> erS ftnd Wlt-
any moneys provided by Parliament lor unforeseen expenses, nesses.
CATTLE AT LARGE.
271. No horses, sheep, swine or other cattle shall be Cattle not to-
permitted to be at large upon any highway, within half a neaarVaUwav
mile of the intersection of such highway with any railway
at rail level, unless such cattle are in charge of some person
or persons, to prevent their loitering or stopping on such
highway at such intersection :
2. All cattle found at large contrary to the provisions of Suchoattie
this section may, by any person who finds the same at poinded1"1"
large, be impounded in the pound nearest to the place
where the same are so found, and the pound-keeper with
whom the same are so impounded shall detain the same in
the like manner, and subject to the like regulations as to the
care and disposal thereof, as in the case of cattle impounded
for trespass on private property :
3. If the cattle of any person, which are at large contrary No right of
to the provisions of this section, are killed or injured by any ^^n m 8Uch:
train at such point of intersection, he shall not have any
right of action against any company in respect of the same
being so killed or injured.
CATTLE NOT ALLOWED  WITHIN FENCES—EXCEPTIONS.
272. Every person who rides, leads or drives any horse No cattle to
or any other animal, or suffers any such horse or other ^      0tt
animal to enter upon such railway, and within the fences
and guards,  other than the farm crossings, without the
consent of the company, shall, on summary conviction, be
liable to a penalty not exceeding forty dollars, and shall Penalty.
also pay to any person aggrieved all damages sustained
thereby.
NO PERSON TO WALK ON TRACK, ETC.—EXCEPTIONS.
273. Every person, not connected with the railway, or No person to
employed by the company, who walks along the track Jjjjon *•
thereof, except where the same is laid across or along a
highway, is liable on summary conviction to a penalty not Penalty.
exceeding ten dollars:
2. Every person who enters upon any railway train with- Wrongfully
out the knowledge or consent of an officer or servant of the JJJe
company with intent fraudulently to be carried upon the
201 said
rain. £3
29.
The Railway Act.
61 Ymk.
Penalty.
Person
■charged a
'competent
witness.
l?tot passe n-
cers to use
foot bridge if
provided.
Penalty for
contravention.
Weeds to be
•cut down.
Penalty for
non-compliance j
Mayor, &c,
may cause
work to be
done.
Application
of penalty.
said railway without paying fare thereon, is liable on summary conviction to a penalty not exceeding ten dollars, or in
default of payment to imprisonment for a term not exceeding ten days:
3. Any person charged with an offence under this section shall be a competent witness on his' own behalf.
274. If the Railway Committee orders any company to
erect at or near or in lieu of any level crossing of a turnpike
road, or other public highway, a foot bridge or foot bridges
over its railway for the purpose of enabling persons passing
on foot along such turnpike road or public highway to
cross the railway by means of Such bridge Or bridges,—from
and after the completion of such fodt bridge or foot bridges
so required to be erected, and while the Company keeps* the
same in good, and sufficient repair, such, level crossing shall
not be used by foot passengers on the said turnpike road or
public highway, except during the time when the same is
used for the pass&ge of carriages, carts, horses or cattle along
the Said road:
2. Every person who offends against the provisions of
this section is liable, on summary conviction, to a penalty not
exceeding ten dollars.
WEEDS ON COMPANY'^ LAND TO BE CUT DOWN.
275. Every company shall cause all thistles and other
noxious weeds growing on the clear land or ground adjoining the railway and belonging to such company to be cut
down early in July in each year, or to be rooted out:
2. Every company which fails to comply with this section shall incur a penalty of two dollars for every day during
which such company neglects to do anything which it is
so required to do; and: the mayor, reeve or chief officer
of the municipality of the township, county or district
in which the land or ground lies, or any justice of the
peace therein, may cause all things to be done which the
said company is so required to do, and for that purpose may enter, by himself and his assistants or workmen, upon such lands or grounds, and may recover the
expenses and charges incurred in so doing, and the said
penalty, with costs, in any court of competent jurisdiction,
and such penalty shall be paid to the proper officer of the
municipality.
COMPANY MAY NOT PURCHASE RAILWAY SECURITIES.
Certain shares
and securities
not to be
dealt in.
Exceptions*
276. No company shall, either directly or indirectly,
employ any of its funds in the purchase of its own stock,
or in the acquisition of any shares, bonds or other securities
issued by any other railway company in Canada; but
this shall not affect the powers or rights which any company
202
in
IV 1888. The Railway Act. Chap. 29. 64
in Canada now has or possesses by virtue of any special Act
to acquire, have or hold the shares, bonds or other securities
•of any railway company in the United States of America or
Canada; nor shall it interfere with the right conferred en
the Northern Railway Company of Canada, or the Hamilton
and North Western Railway Company, to acquire stock in
-the Northern and Pacific Junction Railway Company, under
the Acts relating to the said first named companies, respectively, passed by the Parliament of Canada in the forty-
seventh year of Her Majesty's reign.
277. Every director of a railway company, who know- Penalty for
ingly permits the funds of any such company to be applied vlolat,on-
in violation of the next preceding section, shall incur a
^penalty of one thousand dollars for each such violation,—
"which penalty shall be recoverable on information filed
in the name of the Attorney General of Canada; and a Application
moiety thereof shall belong to Her Majesty, and the other lnereof*
moiety thereof shall belong to the informer ; and the acquisition of each share, bond or other security, or interest, as
^aforesaid, shall be deemed a separate violation of the provisions aforesaid.
SALE OF RAILWAY TO PURCHASER NOT HAVING CORPORATE
POWERS.
278. If, at any time, any railway or any section of any Sale of rail-
Tailway is sold under the provisions of any deed of mort- JjjJJ^0not"'"
jgage thereof, or at the instance of the holders of any mort- having neces-
gage bonds or debentures, for the payment of which any JJ^dow1^
oharge has been created thereon, or under any other lawful
proceeding, and is purchased by any person or corporation
which has not any corporate powers authorizing the holding and operating thereof by such purchaser,—the purchaser
-thereof shall transmit to the Minister, within ten days from Notice to the
the date of such purchase, a notice in writing stating the Mimster#
fact that such purchase has  been made, describing the
termini and line of route of the railway purchased  and
specifying the charter or Act of incorporation under which
the same had been constructed and operated, including a
copy of any writing, preliminary to a conveyance of such
railway, which has been made as evidence of such sale;
and immediately upon the execution of any deed of con- And copy of
veyance of such railway, the purchaser shall also transmit yeyance?°n"
to the Minister a duplicate or an authenticated copy of such
•deed, and shall furnish to the Minister, on  request,   any
further details or information which he requires.
279. Until the purchaser has given notice to the Minister Until such
in manner and form as provided by the next preceding sec- trainTnotto
tion, the purchaser shall not run or operate the railway so be run.
purchased, or take, exact or receive any tolls whatsoever in
Ijll respect 65
Chap. 29.
The Railway Act.
51 Vict,
License from
Minister.
o "eration^f r<?sPect °^ an7 ^YS^C carried thereon ; but after the said con-
tnTraftway. ditions have been complied with, the purchaser may continue, until the end of the then next session of the Parliament
of Canada, to operate such railway and to take and receive-
such tolls thereon as the company previously owning and
operating the same was authorized to take^ and shall be
subject, in so far as they can be made applicable, to the
terms and conditions of the charter or Act of incorporation
of the said company, until he has received a letter of license
from the Minister—which letter the Minister is hereby
authorized to grant—defining the terms and conditions on
which such railway shall be run by such purchaser during
the said period
Application 280. Such purchaser shall apply to the Parliament of
Powers?81"7 Canada at the next following session thereof after the purchase of such railway, for an Act of incorporation or other
legislative authority, to hold, operate and run such railway |
Extension of and if such application is made to Parliament and is unsuc-
hcense. cessful, the Minister may extend the license to such railway
until the end of the then next following session of Parlia-
Pinaiaction, ment, and no longer; and if during such extended period
the purchaser does not obtain such Act of incorporation or
other legislative authority, such railway shall be closed or
otherwise dealt with by the Minister as is d.etermined by
the Railway Committee.
Appointment
of railway
constables.
I
Oath to be
taken.
Form of oath.
RAILWAY CONSTABLES.
281. Any two justices of the peace, or a stipendiary or
police magistrate, m the Provinces of Ontario, Nova Scotia
New Brunswick British Columbia, Prince Edward Island'
or Manitoba or the District of Keewatin, and any judge of
the Court of Queen's Bench or Superior Court, or clerk of
the peace, or clerk of the Crown, or judge of the sessions of
the peace, m the Province of Quebec, and any judo-e of
xT^U^rre^emCoi?rt'.0r two J"ustices of the Peace, in the
North-West Territories, and any Commissioner of Parish
Court m the Province of New Brunswick, on the application
ot the directors of any company whose railway passes within
the local jurisdiction of such justicesof the peace, magistrate
commissioner, judge, clerk, or judge of the sessions of the
peace, as the case may be, or on the application of any clerk
or agent of such company thereto authorized by such directors, may, m their-or his discretion, appoint any persons
recommended for that purpose by such directors, clerk or
agent, to act as constables on and along such railwav • and
every person so appointed shall take an oath or make a
solemn declaration in the form or to the effect following
tnat is to say :->- &'
^ " I, A. B., having been appointed a constable to act upon
and along (here name the railway), under the provisions of
204 i 1' The
N 1*88. The Railway Act. Chap. 29. 66
| \ The Railway Act,' do swear that I will well and truly
I serve Our Sovereign Lady the Queen in the said office of
" constable, without favor or affection, malice or ill-will, and
| that I will, to the best of my power, cause the peace to be
I kept, and prevent all offences against the peace ; and that,
| while I continue to hold the said office, I will, to the best
I of my skill and knowledge, discharge the duties thereof
I faithfully, according to law.   So help me God."
282. Such oath or declaration shall be administered in By whom to
either of the Provinces of   Ontario,   Nova Scotia,  New Jjred.11"1"8"
Brunswick, British Columbia, Prince Edward Island or
Manitoba, or in the District of Keewatin, by any one justice
of the peace, and in the Province of Quebec by any such
judge, clerk, or judge of the sessions of the peace, and in
the North-West Territories by any such judge or by any
one justice of the peace ; and every constable so appointed, Powers of
who has taken such oath or made such declaration, may act stable™11"
as a constable for the preservation of the peace, and for the
security of persons and property against felonies and other
unlawful acts on such railway, and on any of the works
belonging thereto,—and on and about any trains, roads,
wharves, quays, landing places, warehouses, lands and premises belonging to such company, whether the same are in
the county, city, town, parish, district or other local jurisdiction within which he was appointed, or in any other
place through which such railway passes or in which the
same terminates, or through or to which any railway passes
which is worked or leased by such company,—and in all
places not more than a quarter of a mile distant from such
railway,—and shall have all such powers, protections and General
privileges for the apprehending of offenders, as well by P°wers*
night as by day, and for doing all things for the prevention,
discovery and prosecution of felonies and other offences, and
for keeping the peace, which any constable duly appointed
has within his constablewick.
283. Any such constable may take such persons as are -^J* of
punishable by summary conviction for any offence against ° en er*
the provisions of this Act, or of any of the Acts or by-laws
affecting the railway, before any justice or justices appointed
for any county, city, town, parish, district or other local
jurisdiction within which such railway passes ; and every
such justice may deal with all such cases, as though the
offence had been committed and the persons taken within
the limits  of his own local jurisdiction.
284. Any two justices of the peace, or a stipendiary of Dismissal of
police magistrate, in either of the Provinces of Ontario, Nova constable-
Scotia, New Brunswick, British Columbia, Prince Edward
Island, or Manitoba, or in the District of Keewatin, and any
judge of the Court of Queen's Bench or Superior Court, or clerk
205 of The Railway Act.
51 YiCT.
of the peace, or clerk of the Crown, or judge of the sessions of
the peace, in the Province of Quebec, and any judge of the
Supreme Court, or two justices of the peace, in the North-
West Territories, may dismiss any such constable who is
acting within their several jurisdictions; and the directors
of such company, or any clerk or agent of such company
thereto authorized by such directors, may dismiss any such
Effect of dii> constable who is acting on such railway ; and upon every
such dismissal, all powers, protections and privileges which
belonged to any such person by reason of such appointment
shall wTholly cease ; and no person so dismissed shall be
again appointed or act as constable for such railway, without the consent of the autj ority by whom he was dismissed.
Record of ap- 285. Every such company shall cause to be recorded in
be kept. the office of the clerk of the peace, for every county, city,
town, parish, district or other local jurisdiction wherein
such railway passes, the name and designation of every
constable so appointed at its instance, the date of his appointment, and the authority making it, and also the fact
of every dismissal of any such constable, the date thereof,
and the authority making the same, within one week after
the date of such appointment or dismissal, as the case may
be ; and such clerk of the peace shall keep such record in
such form as the Minister, from time to time, directs, in a
book which shall be open to public inspection, charging
uch fee as the Minister, from time to time,  authorizes.
Punishment
of constable
guilty of
neglect of
duty.
286. Every such constable who is guilty of any neglect
or breach of duty in his office of constable, shall be liable,
on summary conviction thereof, within any county, city,
district or other local jurisdiction wherein such railway
passes, to a penalty not exceeding eighty dollars, or to imprisonment, with or without hard labor, for a term not exceeding two months. Such penalty may be deducted from
any salary due to such offender, if such constable is in
receipt of a salary from the company.
Limitation of
actions for
damages.
What may be
pleaded.
LIMITATION OF ACTIONS FOR DAMAGES—GENERAL ISSUE.
287. All actions or suits for indemnity for any damages
or injury sustained by reason of the railway, shall be commenced within one year next after the time when such
supposed damage is sustained, or if there is continuation of
damage, within one year next after the doing or committing of such damage ceases, and not afterwards; and
the defendants may plead the general issue and give this
Act and the special Act and the special matter in evidence
at any trial to be had thereupon, and may prove that the
same was done in pursuance of and by the authority of this
Act or of the special Act.
206 company 1888. The Railway Act. Chap. 29. 68
COMPANY NOT RELIEVE!) FROM LEGAL LIABILITY BY INSPECTION OR ANYTHING DONE* HEREUNDER.
288. No inspection had under this Act, and nothing in inspection,
this Act contained, and nothing done ©r ordered or omitted reiie^com-
to be done or ordered, under or by virtue of the provisions pany from
of this Act, shall relieve, or be construed to relieve, any liabiut7-
company of or from any liability or responsibility resting
upon it by law, either towards Her Majesty or towards any
person, or the wife or husband, parent or child, executor or
administrator, tutor or curator, heir or personal representative of any person, for anything done or omitted to be
done by such company, or for any wrongful act, neglect
or default, misfeasance, malfeasance or nonfeasance, of such
company, or in any manner or way to lessen such liability
or responsibility, or in any way to weaken or diminish the
liability or responsibility of any such company, under the
laws in force in the Province in which such liability or
responsibility arises.
OFFENCES AND  PENALTIES.
289. Every company, director or officer doing, causing or Liability of
permitting to be done, any matter, act or thing contrary ?ompany>&c'»
to the provisions of this or the special Act, or to the orders specified.
or directions of the Governor in Council, or of the Railway
Committee or Minister made hereunder, or omitting to do
any matter, act or thing required to be done on the part of
any such company, director or officer, is liable to any person
injured thereby for the full amount of damages sustained
br such act or omission ; and if no other penalty is in this Penalty.
or the special Act provided for any such act or omission,
is liable, for each offence, to a penalty of not less than twenty
dollars, and not more than five thousand dollars, in the discretion of the court before which the same is recoverable:
2. This  section shall only apply to companies and direct- Application
ors and  officers of companies within the legislative auth- {£,nhissec*
ority of the Parliament of Canada.
290. Every person from whom any company exacts any Damages for
unjust or extortionate toll, rate or charge shall, in addition to extortionate
the amount so unjustly exacted, be entitled to recover from
the company as damages an amount equal to three times
the amount so unjustly exacted.
291. Every officer or servant of any company or any person Penalty for
employed by it who directs or .^knowingly permits any lig^d^ui
baggage, freight, merchandise or lumber car to be placed in rearofpas-
the rear of the passenger cars is guilty of a misdemeanor. senser
cars.
292. Every person who is intoxicated while he is in intoxication a
charge of a locomotive engine, or acting as the conductor of a misdemeaaor-
car or train of cars, is guilty of a misdemeanor.
207 293. 69
Chap. 29.
The Railway Act.
1 Yict.
Penalty for
selling liquor
to employees.
Punishment
for violation
of certain bylaws.
If injury is
caused or risk
of injury is increased.
Penalty limit*
ed.
293. Every person who sells, gives or barters any spirituous or intoxicating liquor to or with any servant or
employee of any company, while on duty, is liable on summary conviction to a penalty not exceeding fifty dollars, or
to imprisonment with or without hard labor for a period
not exceeding one month, or to both.
294. Every officer or servant of, and every person
employed by the company, who wilfully or negligently
violates any by-law, rule or regulation of the company lawfully made and enforced, or any order or notice of the Kail-
way Committee, or of the Minister or of an inspecting
engineer, of which a copy has been delivered to him, or
which has been posted up or open to his inspection in some
place where his work or his duties, or any of them, are to
be performed, if such violation causes injury to any person
or to any property, or exposes any person or any property to
the risk of injury, or renders such risk greater than it would
have been without such violation, although no actual
injury occurs, is guilty of a misdemeanor, and shall, in the
discretion of the court before which the conviction is had,
and according as such court considers the offence proved to
be more or less grave, or the injury or risk of injury to
person or property to be more or less great, be punished by
fine or imprisonment, or both ; but no such fine shall exceed
four hundred dollars and no such imprisonment shall exceed
the term of five years.
Deduction of 295. The company may, in all cases under the next
wagesforre1- preceding section, pay the amount of the penalty and
covery. costs, and recover the same from the offender or deduct it
from his salary or pay.
Penalty for
violation of
by-laws, Ac,
generally.
Exception.
296. Every person who wilfully or negligently violates any by-law, rule or regulation of the company is
liable, on summary conviction, for each offence, to a penalty
not exceeding the amount therein prescribed, or if no amount
is so prescribed to a penalty not exceeding twenty dollars;
but no such person shall be convicted of any such offence,
unless at the time of the commission thereof a printed
copy of such by-law, rule or regulation was openly affixed
to a conspicuous part of the station at which the offender
entered the train or at or near which the offence was committed.
Punishment
of person a
cutting or
boring casks
or packages.
297. Every person who,—
(«.) Bores, pierces, cuts, opens or otherwise injures any
cask, box or package, which contains wine, spirits or other
liquors^ or any case, box, sack, wrapper, package or roll of
goods, in, on or about any car, waggon, boat, vessel, warehouse, station house, wharf, quay or premises of, or which
belong to any company, with intent feloniously to steal or
208 otherwise
vL 1888. The Railway Act. Chap. 29. tfO
otherwise Unlawfully to obtain or to injure the contents, or
>any part thereof, or,—
(b.) Unlawfully drinks or wilfully spills or allows to run Drinking or
to waste any such liquors, or any part thereof,— iTauorng
Is liable, on summary conviction, to a penalty not exceed- Penalty.
ing twenty dollars over and above the value of the goods
or liquors so taken or destroyed, or to imprisonment with
or without hard labor for a term not exceeding one month,
*or to both.
statistics.
I
298. In the following sections of this Act down to sec- interpretation three hundred and five inclusive, unless the context £££▼.» com"
otherwise requires, the  expression " company" means a
company constructing or operating a line of railway in
Canada, whether otherwise within the legislative authority
.of the Parliament of Canada or not, and includes any individual or individuals not incorporated, who are owners or
lessees of a railway in Canada, or parties to an agreement for
working a railway in Canada.
299. Every company shall annually prepare returns in Annual re-
accordance with the forms contained in schedule one to this turns todbe
Act, of its capital, traffic and working expenditure, and of
all information required, as indicated in the said form, to
be furnished to the Minister;  and such returns shall be How attested.
dated and signed by, and attested upon the oath of the
secretary, or some other chief officer of the company, and
of the president, or in his absence, of the vice-president or
manager of the company :
2. Such returns shall be made for the period included What period
from the date to which the then last yearly returns made *5be mclud"
by the company extended, or from the commencement of
the operation of the railway, if no such returns have been
previously made, and, in either case, down to the last day
of June in the then current year:
3. A duplicate copy of such returns, dated, signed and Duplicate for
attested in manner aforesaid, shall be forwarded by such    e   mls
company to the Minister within three months after the first
day of July in each year :
4. The company shall also, in addition to the information Further re-
required to be furnished to the Minister, as indicated in the Jequired.ea
said schedule one, furnish such other information and returns
.as are, from time to time, required by the Minister:
5. Every company which  makes  default in forwarding ^"J^Sr
i        •    J      ' i 'a   Ai •  • e j.i_* non-compu-
«uch returns in accordance with the provisions oi tnis sec- anCe.
tion, shall incur a penalty not exceeding ten dollars for every
*day during which such default continues :
6. The Minister shall lay before both Houses of Parlia- *$£!£££
ment, within twenty-one days from the commencement of parliament,
each session thereof, the returns made and forwarded to
him in pursuance of this section.
vol. 1—14 209 3<>0. Copy to be
posted up.
Penalty for
non-compliance.
H YlCT.
>• Every company shall, weekly, prepare returns of
its traffic for the next preceding seven days, in accordance
with the form contained in schedule two to this Act, and a
copy of such returns, signed by the officer of the company
responsible for the correctness of such returns, shall be forwarded by the company to the Minister, within seven days-
from the day in each week up to which the said returns
have been prepared; and another copy of each of such returns, signed by the same officer, shall be posted up by the
company within the same delay, and kept posted up for
seven days, in some conspicuous place in the most public
room in the head office of the company in Canada, and so-
that the same can be perused by all persons; and free access-
thereto shall be allowed to all persons during the usual
hours of business at such office, on each day of the said seven
days not being a Sunday or holiday:
2. Every company which makes default in forwarding
the said weekly returns to the Minister, or which fails to
post up and keep posted up a copy thereof as aforesaid, and
to allow free access thereto as aforesaid, shall incur a penalty not exceeding ten dollars for every day during which
such default continues.
Penalty for
signing false
return.
Return of -
accidents to
be made.
Cause and
nature.
Locality and
time.
Extent and
particulars.
Copies of bylaws.
Form of return may be
prescribed. j
301. Every person who, knowing the same to be false
in any particular, signs any return required by the two
sections next preceding, is guilty of a misdemeanor.
302. Every company shall, within one month after the
first days of January and July, in each and every year,
make to the Railway Committee, under the oath of the president, secretary or superintendent of the company, a true
and particular return of all accidents and casualties,,
whether to life or property, which have occurred on the
railway of the company during the half year next preceding each of the said periods respectively, setting forth,—
(a) The causes and natures of such accidents and casualties ;
(b.) The points at which they occurred, and whether by
night or by day;
(c ) The full extent thereof, and all the particulars of the
same;
And shall also, at the same time, return a true copy of
the existing by-laws of the company, and of its rules and.
regulations for the management of the company and of its
railway.
303. The Minister may order and direct, from time
to time, the form in which such returns shall be made
up, and may order and direct any company to make up
and deliver to the Minister, from time to time, in
addition to the said periodical returns, returns of serious
accidents occurring in the course of the public traffic upon
£10 the- 1888. The Railway Act. Chap. 29. 72:
the railway belonging to such company, whether attended
with personal injury or not, in such form and manner as
the Minister deems necessary and requires for his information with a view to the public safety.
304. If the returns required under the two sections next Penalty for
preceding, so verified, are not delivered within the respect- SnVretura*"
ive   times   in   the   said   sections   prescribed,   or   within
fourteen days after the same have been so required by the
Minister, every company which makes default in so doing
shall forfeit to Her Majesty the sum of one hundred dollars
for every day during which the company neglects to deliver
the same.
305. All returns made in pursuance of any of the pro- Returns
visions of the seven sections of this Act next preceding shall \Jmmeugmw
be privileged communications and shall not be evidence in tions.
any court whatsoever.
CERTAIN RAILWAYS DECLARED WORKS FOR GENERAL ADVANTAGE OF CANADA.
306. The Intercolonial Railway, the Grand Trunk Rail- Certain railway, the North Shore Railway, the NortherfRailway, the Jfg ^clar-
Hamilton and North-Western Railway, the Canada Southern works for
Railway, the Great "Western Railway, the Credit Valley f™*£*gQ of
Railway, the Ontario and Quebec Railway, and the Canadian Pacific Railway, are hereby declared to be works for
the general advantage of Canada, and each and every
branch line or railway now or hereafter connecting with or
crossing the said lines of railway, or any of them, is a work
for the general advantage of Canada.
30T. Every such railway and branch line shall hereafter To be subject
be subject to the legislative authority of the Parliament of authority oY
Canada ; but the provisions of any Act of the Legislature of Parliament.
any Province of Canada, passed prior to the twenty-fifth
day of May, one thousand eight hundred and eighty-three,
relating to any such railway or branch line, and in force at
that date, shall remain in force so far as they are consistent
with any Act of the Parliament ofdanada passed after that
date.
308. The Governor General may, at any time and from Certain Acts
time to time, by proclamation or proclamations, confirm any Legislatures
one or more of the Acts of the Legislature of any Province may be.con-
of Canada, passed before the passing of this Act, relating to firmed-
any railway which, by any Act.of the Parliament of Canada,
has been declared to be a work for the general advantage of
Canada, and from and after the date of any such proclamation the Act or Acts thereby declared to be confirmed shall
be confirmed, ratified and made as valid and effectual as if
vol. I—14£ 211 the "73 Chap. 29. The Railway Act. 51 Vict.
the same had been duly enacted by the Parliament of Canada.
Effect of such All acts, matters and things which have been or may hereto ma ion. afj-er ^e done under any Act which may be so confirmed by
proclamation and which might lawfully have been done if
such Act or Acts which shall be so confirmed by proclamation had been within the competence of the-.respective legislatures by which the same wTere adopted, snail be ratified
and confirmed and made as good and valid as if such Act
or Acts had, at the several dates at which the same purport
respectively to have come into force, been enacted by the
Parliament of Canada.
repeal.
Repeal, R.s.      309. This Act shall be substituted for the Revised Sta-
w&iV c!i9. tutes, chapter one hundred and nine, which with the^^ct
fifty  and  fifty-one Victoria, Chapter   nineteen,  injStuied
"An Act to amend the Railway Act," is hereby repealed.
SCHEDULE ONE.
Form of yearly returns to the Minister of Railways and
Canals, required from railway companies under " The
Railway Act."
Returns made by the (corporate name'vbf the Company) in
pursuance of " The Railway Act," for the period included
between the (insert the day to which the last returns extend,
or the date of the commencement of operations, as the case
may be), to the last day of June, in the year 18   .
Location and General Description of Railway,
Showing the county or counties through which the railway
runs, the terminal points, connections?, if any, and giving a
general description of the line and the country through which
it passes.
Statement containing copies of all contracts made by the
Company, for the construction of any part of the railway.
212 Returns 1888.
The Railway Act.
Chap. 29.
W
Returns of the Capital Account of the said Railway, and
the Revenue and Expenditure, &c.
No. 1.—Capital Account.
Total amount of ordinary share capital.
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
of preference share capital....
do ....
• do ....
do ....
of ordinary bonds	
do 	
do	
do 	
do 	
of Government loans	
do bonuses	
do subscription to
shares..	
do subscription to
bonds	
of municipal loans t	
do        bonuses	
do        subscription    to
shares	
do        subscription     to
bonds	
from other sources	
Total capital
Authorized.
$ cts.
Subscribed;
$ cts
Paid up.
$ cts.
*Rate of
Interest or
Dividend.
$   cts.
* State whether dividend is cumulative or not.
This statement must agree with the totals shown in the
report of the company, a copy of which is to be transmitted
also. If there are more issues of preference shares or bonds
than one, state them, and the amount of each class.
If any floating debt exists it must be stated, so as to make
the total agree with the published report.
213 w
Chap. 29.
The Railway Act
51 Vict.
No. 2.—Loans or Bonuses from Governments or
Municipalities.
From what source.
Amount of Loan
Granted.
Amount of Bonus
Granted.
Amount of Subscription   to
Shares.
Amount of Subscription   to
Bonds.
I
Rate of Interest.
Date   of  Repayment.
-.
$   cts.
%   cts.
$   cts.
$   cts.
$ cts.
•
% cts.
Total	
Total	
No. 3.—Bonds or other Securities Negotiated by the
Company.
Amounts.
Rate of interest.
Date of Sale.
cts.
$     cts.
$     cts.
Prices Realized.
$     cts.
No. 4.—Sales of Land made by the Company.
Acres Sold.
Amount.
$    cts.
No. 5.-
-Floating Debt.
Amount.
Rate of Interest.
Remarks.
$    cts.
$    cts.
214
No. 1888. The Railway Act Chap. 29
No. 6.—Characteristics of Road, &c.
TS
Owned.
•Length of main line from to.
do        branch from to.
do do        to.
do do to.
do do to..
Leased.
Length of railway from ..to.
do do        to.
do do       to.
do do to.
Total mileage worked.
Length of road laid with iron rails	
do do steel rails	
do of sidings j
do of double track (if any)	
Weight of rail per yard, main line, iron	
do do do      steel m» ,
do do branches, iron........	
do do do      steel	
Number of engine houses and shops.	
do  of engines owned by Company	
do      hired	
of first-class passenger cars owned by Company	
do do hired	
of second-class and emigrant cars owned by Company.
do do hired	
of baggage, mail and express cars owned by Company,
do do hired i
do
Mj
do
do
do
do
do
Number of cattle and box freight cars owned by Company ,
do do do hired 	
do  of platform cars owned by Company '4x&!2f;
do do hired <
do  of coal carsowned by Company	
do do        hired ,
do  of ties to mile, main line	
do do branches I
Nature of fastenings used to secure joint of rail	
Number of grain elevators	
f Capacity of      do at	
do do 	
do do  I	
Number of level road crossings at which watchmen are employed.
do do without watchmen	
do  of overhead bridges	
Height of do above rail level	
Number of level crossings of other railways	
do  of junctions with other railways	
do do branch lines	
Radius of sharpest curve	
Number of feet per mile of heaviest gradient	
Gauge of railway	
Miles.
Lbs.
do
do
do
No. 7.—Actual Cost of Railway and Rolling- Stock,
1. Cost of land and land damages •••
2. Cost in connection with the administration of the Land Grant in
aid, if any .	
3. Cost of grading, masonry and bridging, station buildings, &c	
4. Cost of rolling stock of all kinds, including workshops	
*p     CTS*
Total.
The above total to show the real cash cost of construction and rolling-stock.
* If the line, or any portion of it, is under construction, the length being constructed to be given.
f State where these are situated, and the capacity of each.
215 No. fl
Chap. 29.
The Railway Act.
51 Vict.
No. 8.—Operations of the Year and Number of
Miles Run.
1. Miles run by passenger trains	
2. do freight trains	
3. do mixed trains	
4. Total miles run by trains	
5. do engines	
6. Total number of passengers carried 	
7. do        ■ tons of freight (of 2,-0(MHbs.) carried
8. Average rate of speed of passenger trains ::	
9. do freight trains..	
M. Average Weight of passenger trains in motion ,
11, do freight trains in motion	
No. 9.—Description of Freight Carried.
1. Flour in barrels, No	
2. Grain in bushels, No	
3. Live stock, No	
4. Lumber of all kinds, excepting firewood, ft
5. Firewood, number of cords ot 128 cubic ft...
6. Manufactured goods..'.'. ,
7. All other articles...	
Total weight carried.
Weight in
Tons.
No. 10.—Earnings of the Railway.
1. From passenger traffic	
2. From freight traffic	
3. From mails'and express freight
4. From other sources	
Total...,
$   cts.
No. 11.—General Tariff of Tolls Established by
the Company.
216
No. 1888.
Tlie Railway Act.
Chap. 29.
No,112.—Special Rates of Tolls, Established by the
Company.
TO
No. 13, A.—Operating Expenses—Maintenance cf Line,
Buildings, &c.
1. Wages, &c, of labor employed on track, including sMings.
2. Cost of iron rails and fastenings	
3. do    steel do 	
4. Ballasting	
5. Repairs of bridges and culverts	
6. do    and renewals of buildings -
7. do    of fencing	
8. Clearing snow ^.............. «..„ ,
9. Engineering superintendence	
Total.
$   cts.
No. 13, B.—Operating Expenses—Working and Repairs
of Engines.
1. Wages of engineers, firemen and cleaners.
2. Cost of coal for fuel	
do     wood   do     	
3. Repairs of engines and tenders	
4. Oil, tallow, waste, &c, for engines	
6. Pumping engines ,
6. Repairs of tools and machinery	
7. Superintendence	
Total.
$   cts.
No. 13, C.—"Working and Repairs of Cars.
1. Wages and material for repairs of passenger cars	
2. do do freight cars and snow ploughs.
3. Superintendence	
Total 	
217
$   cts.
No, The Railway Act.
51 Vict.
No. 13, D.—Operating Expenses—General and Operating Charges.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Office expenses, including directors, auditors, management, travelling expenses, stationery, &c	
Station agents, clerks, porters, &c	
Conductors, baggagemen and brakemen	
Compensation for personal injuries	
Loss or damage to freight	
Cattle killed	
Cost of ferries and ferry-boats	
'Cost of foreign agencies	
Small stores, including lights, lamps and signals	
Allother charges	
Total.
%   cts.
Blanks are left for any other items of expenditure not included above.
No. 14.—Summary of Operating Expenses.
A. Maintenance of line, buildings, &c	
B. Cost of working and repairs to engines.
C. do do cars	
D. do    general operating expenses	
Total cost of operating railway.
. 0 V10I
The above statement to include the full cost of operating the railway, and the
total to correspond with the published return of the Company.
218
No.
V 1888.
Tlie Railway Act.
Chapr29.
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81
Chap. 29.
The Railway Act.
51 Vict.
fto  16.—Names and Residences of Directors and
Officers of the Company.
HI;
Names of Directors.
President	
Secretary and Treasurer....
General Manager	
Engineer	
Superintendent	
Residence.
The following is the official name and address of the
Company: -
SCHEDULE TWO.
.Railway of Canada
Return of Traffic for the week ending
and the corresponding week, 18   ,
Date.
18
18
Passengers.
Freight and Live Stock.
Mails
and
Sundries.
Total.
18
Miles
Open.
Increase.
Decrease,
Aggregate Traffic from .18
Date.
Passengers.
Freight and Live
Stock.
Mails
and
Sundries.
Total.
Miles Open.
18
18
OTTAWA: Printed by Brown Chamberlin, Law Printer to the Queen's Most
Excellent Majesty.
II
220
CHAP. INDEX
HI o?t.-~As Jar- as practicable this Index has been prepared under the same sub-headings as those useditt
the Act.—E. P. Hartney.
ACCIDENTS, COMMISSIONS TO INVESTIGATE	
Government may appoint commissioners to enquire into
Notice to be given to the Minister of accidents	
Remuneration of commissioners and witnesses how paid
Report and remuneration of commissioners	
PAGl.
61
61
61
62
62
ACT applicable to all railways under jurisdiction of Parliament of Canada, except Government railways , >  3
Application of certain provisions of the ....^  3
do sections 32 to 89, both inclusive . 4
As to exceptions now in force under any Special Act  4
Certain provisions may be excepted from Special Act „, 4
How sections 32 to 89 may apply to certain companies  4
Short title of.    1
To form part of Special Act |  4
ACTIONS FOR DAMAGES; Limitation of, General Issue.
6t
BONDS, DEBENTURES, &c, Issue authorized ....
Amount of issue limited ,
Deposit of mortgage deed securing	
Disposal of	
May be made payable to bearer....	
Mortgage deed may be created to secure.-....,
Powers granted by mortgage deed 	
Powers of holders in case of non-payment of.
Promissory notes may be issued	
Registration and transfer of.	
Rights of holders of, defined	
To be a preferential claim	
21
22
22
21
23
22
22
23
23
23
23
22
BRANCH LINES, CONSTRUCTION of, defined and limited.
Acts applicable to Company to apply to	
Authority to construct	
Limitation of time for construction of	
Map or plan, and book of reference respecting	
Notice to be given in county affected by ,	
Railway Committee to approve construction of.	
29
29
29
29
29
29
29
BRIDGES AND TUNNELS	
Exemption if air-brakes are used on trains using the...
Height of tunnels and over head bridges	
Higher cars prohibited until bridge is proper height....
Requirements before using ;	
do when bridge or tunnel is reconstructed.
45
45
45
45
45
45 11
PAGE.
BY-LAWS, RULES, REGULATIONS, Company may make certain  50
Certified copy of, to be evidence -  52
Form of »  51
Inoperative until approved by Governor in Council.....  51
Publication of \  51
do affecting employees and officials  51
Summary interference in certain cases for non*observance  51
When confirmed to be binding * 51
GALLS, and notice thereof. ,  15
Allegations necessary in suits for j  15
Interest on overdue « 15
Liability of shareholders for  15
Payment of. •  15
Publication of notice of  15
Recovery by suit of.  15
CAPITAL STOCK  10
Amount of, to be stated in the Special Act  10
Directors may for certain purposes issue shares as paid up  11
Disposal of moneys raised on the  10
increase of the  10
Municipal corporations may subscribe for shares in the  11
Percentage to be subscribed and paid before first meeting is held  10
CATTLE f  62
.   At large may be impounded   |  .62
Not to be at large near the railway  62
Not to be taken on the line  62
Owner of cattle at large killed has no right of action  62
COMMENCEMENT AND COMPLETION OF RAILWAY I „  19
DIRECTORS, Provisional and Elected      10, 12
Absence of President from meetings of.  14
Annual statement to be prepared by order of.  14
♦ By-laws shall be made by ,  14
Calls may be made by  15
"Certain persons not eligible as ,  14
Election of, at annual meeting  12
Number, qualification and quorum of. ,      12, 13
Officials may be appointed by...........  ...j —. 14
Official's of Municipal Corporations in certain cases may be  11
I?aid up stock in certain cases may be issued by  11
.President an.- Vice-President, Election of. ,  13
'Provisional Directors, Appointment and quorum of.  10
do Duties and powers of.....  10
do Shall apportion the subscribed stock ,  10
do Shall bank all moneys received by them •.  10
Subject to examination and control of shareholders at meetings  13
.Term of office of  13
Vacancies how filled  13
do      ,in case of death, resignation, &c  13
^ice-President may act as President in certain cases     *      14
Votes of.....  13
Votes for, at adjourned meeting  13
DIVIDENDS AND INTEREST  16
Declaration and rate of.  16
'Interest may be paid on certain sums  16
interest may hot be paid on shares in arrear ,  16
Not to impair capital  16
FENCES AND CATTLE GUARDS  46
Crossings to be fenced  46
Erection and maintenance of  46
jO-ates at farm crossings to be kept closed  46
!Hurdle 'gate fastenings defined  46
^-Liability"of Company defined for injury to cattle 1  46
.Occupied'land's, time limited'for fencing ,  46
When Company is exempt from liability for injury to cattle  46 Ill
PAGSj
HIGHWAY AND FARM CROSSINGS      42, 44
Farm crossings to be made by the Company    44
Height of rail on level crossings   43
do     span of bridge over crossings  43
Inclination of highway crossings  43
Land, powers conferred in certain cases as to  44
Plan of highway crossings to be submitted  4)81 '
Railway Committee may make orders and apportion costs of...  44
do do       require change in mode of  44
do do do     watchman or gates at ,  44
Railway not to be carried along highway without permission  42
Signboards to be erected at all highway crossings...  44
INSPECTING ENGINEERS  S
Company to afford information and submit plans to  8
do give free travel and use of telegraph to  9>
Inspection by, and report of  50
Telegraph operators to obey orders of  9»
Proof of authority of   >  9>
INSPECTION OF RAILWAY BEFORE OPENING  4T
Minister to be notified before railway is opened  47
do     to order an inspection  j  47
Order postponing opening not binding without copy of report  48
Postponement of opening if report is unfavorable  48
INSPECTION OF RAILWAY OUT OF REPAIR—REPAIRS i  48
Defects in railway or rolling stock to be made good  48
Examination by and report of Inspecting Engineer  48
Minister with sanction  of Council  may  confirm  or modify orders  of Inspecting
Engineer  50>
Order of Inspecting Engineer to be reported to the Minister  50-
Proceedings if part of railway is out of repair  48
do railway crossing        do  ,  48
Provision if Company makes default in repairing  49"
Requirements of Inspecting Engineer to be carried out  49
Regulations limiting speed of trains, &c, during repairs  49
Running of trains may be prohibited until repairs are made   49'
INTERPRETATION of certain expressions defined  1
LANDS AND THEIR VALUATION  32*
Appeal when award exceeds four hundred dollars, &c  37
Arbitration, costs of, by whom payable  35
do in default of agreement  33
Arbitrators, appointment of  34
do personally interested disqualified.  36-
do to be sworn, their duties, Award of  35
do to consider increased value of remaining lands	
do Vacancy in office of	
do When disqualification of, must be urged   37
Award not avoided for informality  37
do    Time within which, must be made	
Certificate of surveyor and contents thereof •	
Company may abandon proceedings on paying costs....	
Compensation to stand in place of the land	
Contract made before deposit of plan to be binding •	
Conveyance of land to the Company  32
Costs of proceedings, and witness allowances 38, 39, 40
Fixed rent may be agreed upon and lien therefor	
Judge may appoint a sole arbitrator in certain cases	
Limitation of powera in certain cases	
Notice of application to take lands and materials	
do    and date of deposit of plan to be notice j ••  *~
do    to be given of payment of compensation into court and proceedings thereafter.. 39>
do    to persons affected and contents thereof •••	
Order of judge required in certain cases ■	
Payment of compensation into court in certain cases	
do do do       in Quebec Province	
Possession may be taken on tendering amount of award • jj  37
Purchase money responsibility as to	 IV
LANDS AND THEIR VALUATION— Concluded.
Service of notice in the case of absentees •	
Warrant, to place Company in possession, may issue	
do       of possession before award, proviso	
Witnesses, Deposition of, to be taken down and filed ......
do Examination of, to be under oath or solemn affirmation
PAGE,
34
38
38
36
35
LIABILITY OF COMPANY not lessened by inspection.
68
MAILS, MILITARY AND NAVAL FORCES,
Carriage of.
61
MEETINGS OF SHAREHOLDERS '....
Annual Date of ,	
Business to be transacted at	
Certified copies of minutes of, to be evidence.
First, when to be called
Form of proxy	
Mode of calling	
Notice to be given of	
Notices by Secretary to be valid	
Number of votes shareholders have at	
Shareholders in arrear not to vote at	
Special, What business may be transacted at.
To be held at the bead office of the Company
Votes may be cast by proxy at	
11
11
12:
50
10
12
11
11
50
12
12
12
11
12
NAVIGABLE WATERS	
Bridges over, one form substituted for another	
do            not to impede navigation and to be floored
do plans to be approved	
41
42.
41
42.
OFFENCES, AND PENALTIES for
Allowing cattle within railway fences	
Boring into or cutting open packages, &c	
Breach of duty by railway constable	
Carrying railway along highway without permission	
Contravention of the provisions of this and the Special Act	
Disobeying order of Inspecting Engineer respecting telegrams	
Drinking or spilling liquor while in transit	
Exacting unjust or extortionate tolls, &c	
Exceeding prescribed rate of speed, and use of bells and whistles in cities, &c	
Infraction of Company's by-laws by employees	
Intoxication while on duty -	
Leaving gates open	
do       train standing on crossing	
Non-completion of works at highway crossings	
Non-erection offences and cattle guards	
do signboards at highway crossings \	
Non-observance of by-laws, regulations, orders, &c	
do Orders of Railway Committee, Minister or Inspecting Engineer.
do Regulations for safety of employees..	
do do if railway is out of repair	
Non-payment of calls on shares	
do Fare ,	
Not cutting down weeds ,
Not filing maps, &c, of completed railway	
Not labelling dangerous goods	
Not making returns to be a preferential charge	
do do    of accidents in the prescribed time ,
do do    to the Minister , ,
Not notifying Minister of accidents	
Not posting over-due trains ,
do \    up, or forwarding, weeklv returns ,...
Not providing apparatus ordered by Railway Committee	
Not ringing bell and sounding whistle at crossings	
Not stopping before crossing swing bridges	
do __ do tracks of other companies	
Not substituting one form of bridge for another when directed	
Not using foot bridge over railway crossings ;	
Not warning persons when train is moving reversely	
Obstructing highway crossings	
do      Inspecting Engineer .'.	
68
62
69
67
42
68
9
70
68
5, 59
51, 69-
68
47
59-
44
46
44
69
69
5
49
18
62
63
31
58
22
72
70-
61
60-
71
56
58
58
58
42
63
59
42
i Page.
OFFENCES AND PENALTIES for— Concluded.
Opening railway contrary to orders ,  48
do              without giving notice ,  47
Operating railway when forbidden to do so  1  49
Passengers carrying dangerous goods  57
Placing freight cars in rear of passenger cars  68
Purchasing securities of other railways ■ 64
Refusal to affix checks  57
Refusing to forward traffic of other companies  55
Signing false returns  71
Supplying intoxicating liquors to employees on duty  69
Using higher freight cars than are authorized  45
Walking on railway track  62
OFFICES OF THE COMPANY  9
PLANS AND SURVEYS  30
Book of reference, Contents of  30
Construction prohibited until map, &c . is filed  31
Map or plan and profile of railway, certified copies to be evidence  30, 31
do             do              do            copies may be made  30
do              do              do            custody of copies  31
do              do             do            errors, how remedied  30-
do              do              do            on completion  31
do              do              do            scale of, and kind of paper  32
do              do              do            t® be certified by Minister  30-
Proceedings in case of alteration of original  31
POWER TO BORROW MONEY.   See Bonds, #c  21
POWERS, GENERAL, The Companymay  19
Alter or discontinue any of their works  21
Car:y passengers and goods and levy tolls  21
Carry the railway across lands  20
Construct bridges, tunnels, &c  20-
do       telegraph and telephone lines ,  20
Cross other railways... , !  20
Divert streams, highways, <fcc ,  20
Divert water pipes, telegraph poles, &c  20
Enter on lands and make surveys  19
Erect necessary buildings, telegraph lines, &c  20
Fell and remove trees :  20
Make branch railways  20-
Make drains or conduits.  20
Make and maintain railway ,  20
Purchase, hold or dispose of lands  20
Receive grants in aid of the undertaking  19
Shall make compensation for damages I   21
Shall restore streams, highways, &c, to former state.  21
POWERS RESPECTING LOCATION OF LINE, &c, defined and limited  28
Change in location, &c, may be made, but not of terminus  28
Extent of deviation allowed .<•	
Mines to be protected |  28
Proceedings in case of error in name entered in book  28
POWERS TO TAKE OR USE LAND AND MATERIALS defined and limited  24
Application to Minister for certain lands •	
do          Notice of, to be given to owner .^  26
Company may acquire lands for construction or repair -. 26-
do          arrange for taking more land than is necessary  27
do          erect and remove snow fences •  28
do          make sidings, conduits, &c ._  27
do          take lands containing materials for construction  27
Deposit of map or plan and book of reference	
Extent of land that may be taken without consent of owner	
do     public beach that may be taken	
Extra land wanted to be shown on map or plan	
Lands of other companies -•	
do    reserved for Indians	
do do Military and Naval purposes, or vested in Her Majesty	
Minister may grant the application • • 	
Proceedings for obtaining extra lands	
J VI
RAILWAY COMMITTEE « I	
Chairman and Secretary of.	
Constitution of	
Decision or order of, may be made an order of Court	
do to be final, subject to appeal to Governor in Council	
Documents to be.evidence when signed by Minister, Chairman or Secretary of.
May administer oaths, affirmations or declarations	
do appoint or direct persons to make enquiries and to report	
do award costs. >	
do compel witnesses to attend and give evidence	
do enter into and inspect any building or other property of any company	
do enquire into and determine questions respecting:—
Adjustment of tolls and rates between companies	
Apportioning of costs of fencing crossings	
Arrangement, &c, of tracks	
Change of location of line, &c	
Compensation for, and apportioning of costof works	
Construction of branch lines ,.	
do works in navigable waters  j	
do railways across highways	
Crossing the tracks of other companies	
Highways, ditches, water, gas, &c, on lands of Company	
Requirements of this and the Special Act	
Right of way	
Running powers or haulage I	
Tolls and rates for transportation	
Traffic arrangements	
Transhipment or interchange of freight	
Unjust preerence, extortion, &c !	
Use of other companies tracks or grounds	
May impose penalties; other liabilities not lessened thereby ,
do make regulations for safety of employees	
do order drainage or water pipes on lands of any company i	
do regulate rate of speed and use of bells, whistles, &c, in cities, &c	
do require the attendance of any person	
do do      production of books, plans, &c	
do review any decision or order previously made \
do state a case for the opinion of the Supreme Court	
Payment of witnesses summoned before j
Promulgation of order of Minister or Inspecting Engineer	
Publication of order of Committee by the Company	
Supreme Court to deliver opinion on cases submitted by	
PAGE.
5
5
5
7
8
8
7
6
8
6
6
6
6
6
5
6
6
6
6
6
6
6
5
6
6
6
6
a
6
5
5
7
5
6
7
7
7
. 7
8
8
8
RAILWAY CONSTABLES, appointment of, adminstration of oaths to.
Powers of, dismissal of.  	
Punishment for neglect of duty by » ,.,
Record of appointment and dismissal of	
65
66
67
67
RAILWAY CROSSINGS AND JUNCTIONS	
Approval of Railway Committee before making	
Notice to be given of intention to make	
Proportion of expense to be borne by interested companies.
Railway Committee may make regulations respecting	
do do order use of certain apparatus at..
Railways incorporated under Provincial charters making...
40
40
41
41
41
41
41
RAILWAYS, certain, declared to be works for the advantage of Canada.
72
SALE OF RAILWAY to purchaser not having corporate powers	
Application to Parliament for power to operate railway..;	
Minister may grant license and extend the same for a certain time.
Notice to be given to Minister, contents of notice	
Operation of railway prohibited until notice is given	
Provisional operation of railway	
64
65
65
64
64
65
SECURITIES of other companies, purchase of, prohibited ; exception.
63
SCHEDULES, forms of returns and statements to be submitted
73 vu
PAGE
SHARES  m
Aliens to have equal rights •  19
Certificate of Treasurer to be evidence of forfeiture • *•  18
Company not bound to see to trusts, &c ..«v.  . 17
Forfeiture and disposal of, for non-payment of calls  18
Interest on sums paid in advance on * -  18
Liability of Shareholders. •  19
May be sold without certificate  if
do     transferred, form of transfer  16
Record of Shareholders to be kept  19
To be personal property •• ..«.  17
Transmission of, otherwise than by transfer  17
STATISTICS, interpretation of " Company | with respect to  70
Annual returns to be prepared, period included in   « 70
Certain returns privileged  72
Copies of by-laws, &c , to be forwarded to the Railway Committee  71
Duplicate copy of returns to be forwarded to Minister.....  70
Minister may require further information  70
Return of accidents, form and contents of  71
Returns to be submitted to Parliament by Minister  70"
Weekly returns of traffic to be transmitted to Minister  71
TELEGRAPH LINES, Company may use or construct  20
Government may use Company's lines, &c  61
TOLLS, Imposition and regulation of  ,. 52
Approval of Governor in Council to be first obtained  52
Classification of freight  52
Discrimination between localities prohibited  53
do                   persons prohibited  52
Enforcement of payment of tolls  53
Fractions in distance and tonnage, how estimated  53
Revision of tolls by Governor in Council  53
Sale of goods in default of payment of  54
do     unclaimed goods and disposal of proceeds  54
Secret special rates prohibited .  53
Special rates  52
Tariff of, to be posted up in a conspicuous place  53
To whom payable  53
TRAFFIC ARRANGEMENTS, Directors may, subject to approval, make  54
Express companies to be granted equal facilities  56
Facilities to be given other companies for their traffic  55
Notice before application for approval of, is heard  54
Undue advantage to any company prohibited ,  55
TRAINS, OVERDUE, Notice to be posted up of  60
WALKING ON TRACK, &c, prohibited | 62
Foot passengers to use footbridge if such is provided  63
Wrongfully entering train  62
WEEDS, on Company's land to be cut down  63
WORKING OF THE RAILWAY  56
Badges to be worn by servants   .« ,  57
Bells and whistles on locomotives. ■■  56
do             to be used at crossings   58
Best appliances to be used in the  56
Cars not to stand on crossings  59
Checks to be affixed to baggage   5"
Conveyance of passengers and goods  I	
Dangerous goods, carriage of, may be refused ,	
do do prohibited by passengers	
do to be marked distinctly	
Evidence of value of baggage	
\i RAILWA
Chai
Con^
Decis
Docn
May
do
do
do
do
do
PAGE.
FORKING OF THE RAILWAY— Coneluded.
Expulsion of passengers for non-payment of faire  57
Freight cars not to be placed in rear of passenger cars  56
Frogs and wing rails to be packed ; proviso  60
Injury to passengers standing on platform  57
Official to be stationed at railway crossings  58
Oil cups, requirements as to ..■ /ft'.    60
Rate of speed in cities, &c j  59
Stoppage of trains at railway crossings, exception  58
Trains moving reversely, persons to be warned  59
do    to be run at regular hours  56
do    to stop before crossing a swing bridge  *..  58
I
May!
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Sup|
RAILWAI
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Rail]
RAILWA
SALE OF RAIL\
Application .
Minister may
Notice to be g
Operation of r{
Provisional op*.
SECURITIES of other con.
SCHEDULES, forms of retu.
=^= —1
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