IMAGE EVALUATION TEST TARGET (MT-3) / O ,*^ 1.0 I.I 11.25 1^128 ■ 50 ■^~ 6" 2.5 2.0 lii.8 U IIIIIM PhotDgrapliic Sciences Corpordtion 23 WESi MAIN STREET WEBSiER.N.Y. MSBO (716) 872-4503 ^V Q 4 L ^ w^\ V ^ V 6^ '^ "^"1%^^ ■*" '■-ti,e/pn,;i;i;;;-i--^aof '' iver theirCways and r«^ «ccom„.„dations for traffic late P.wince rfSaSa •■. '"'""' ""^ "^"^^ ^-=' °f «>e ' co";^;^'! ^"' *» '"-po-ie-fte-i^rtErie-Ei^ii;;;^ other purposes" "'^ °"'™° ^'''oad, and for 36 vS; r«6, 'S:d!"!'-r Sc;Sl^'^Sii»^'^«'"i«^^^^ 36 Vi. '^i'^Sy ^™W Aftif wT"^ "" ^™ "'' N'-^ •'>■ <« may be appointed by by-law orthriiSwi/™""?' month of Juie in each yei »L ?„ tot Wednesday in the thereof shall be ^^n iy mSLS, Tn" P™™"' '""''^ ! vided in the last freSedi^ Ce '" "™»P«P«". " P«>- isto'i!:ut^,^^.rp:r'LZn."rthr^b:j«b?^^^ 1». Cap. 14 31 Vic. more. IS Thfl Directors of the said Cnnpany, after the sanction of bonds shall, wjinouiregwv „_eferential c aims and char- and considered to be the *^"^^/"^ P^^^rty of the Company, ges upon the «^f ^j^;?« ""^ ^lU^l^^^^ time thereafteV five milUon dolUtrs, nor shall *^« f'"™"' "' Jth" imid <>P in- at any one time be m exc|«s »' "'7"°™'„tt ^i. d. h«3 been Btalments on to share capital and ™*e amount actually expended in Borveys and m «rke ot c^nj" ^^ 1 r"s?ih:tctponTh/"i*^^^^^^^^ rng*'e:Tt»en^ing«en^^^^^^^^^^^ w.»™.. M. TWO -iuion t''S',:fddC'Bifinc:sh:?le;t"^^^^^ -r="^ shallbe su^r^^^d the sajd i^^ ^^ railway be i«» ^ tiona. thereon mmn > ^j passing of this Act , ana commenced within two J^^^ ^™^^f \Jbonafide expended in e^sSeby conferred shall become forfeited. \ TO ^ oo„. 15. The said Line of Mway shall be completed within fi. pieted in five years from the passing ot this Act. years. "^ 14 1808. Cap. 88. 16. The Gauge of the naid Railway .shall be five foet, six in- OaugM. cntH, with power to lay down a third or more rails of another HAUge, an the Directors may determine upon. ir. This Act may be cit^d as the " Erie and Niagara Exten- Title, .sion Railway Act of 1868." SCHEDULE A. Know all Men jiy these Presents, that I, .of do hereby, in consideration of paid to me by the Erie and Niagara Extension Railway Com- pany, (the receipt whereof I do hereby acknowledge,) do grant and conhrm to the said Company, its Successors and Assigns for ever, all that certain parcel of laud situate ' for the purpose of their Railway. And I the Wife of the said my Dower on the said Lands. As witness hand and seal this One Thousand Eight Hundred and Sixty Signed, Sealed and Delivered ) in the presence of j , do hereby release day of " THE CANADA SOUTHERN RAILWAY ACT, 1869." CAP. XXXIL An Act to amend the Act incorporating the Erie and Niagara Extension Railway Company, and to change the name to the Canada Southern Railway Com- pany. -^ [Assented to 24-Governor in Council, one by the said Company and one by th'e Wardens of the Counties of Welland, Haldimand Norfolk, Oxfor;], Middlesex, Elgin, Kent, Essex and Lambton ,' Provided that if the Lieutenant-Governor in Council shall re- Proviso, fuse or neglect to name such Trusoee within six weeks after he shall have been duly notihed of the appointment of the other two Trustees, the said CVnnpany shall be at liberty to name one in the place of the one to have been named by the LieutenaDt-Governor in Council : Provided also, that the said Proviso^ Wardens shall appoint the said Trustee to be appointed by them, by the vote of a majority of them who shall attend the meeting for that purpose, to be held at such time and ]>lace as the said Company may appoint for that purpose, notice of which shall be sent to yach of them, by mail, at least fourteen days before the day appointed; and if they fail or neglect to name such Trustee, the said Company shall be at liberty to name one in tht place of the Trustee to have been named by them ; and anj Trustee appointed may be removed, and a new Trustee apiiointed in his place, at any time, by the consent of the Li(fu tenant-Governor in Council. r. The said Trustees shall receive the said bonds, deben- Terms of the tures, or other securities, and any cou{)ons or interest warrants '^'™^** attached thereto in trust, and shall place the same in the cus- tody of one of the chai-tered banks of Canada, to be designated by them, and shall not withdraw, cancel, control, or in anywise dis[)osc of the said bonds, debentures, securities, coupons or mterest wai-rants, or Huy of them respectively unless, and ex- cept upon iind under the circumstances and conditions follow- ing, that is to say : — ; Fir said ir>tly When and as any r.f the moneys payable under the Terms of the- bonds, debentures, securities, coupons, or interest warr-ants '^-'"- respectively, €ap. 32. '.V.i Vic. Terms of the Trust. Trrms of the Teurt. respectively, U-coii.e due, it shnll he lawful for thcsai.) 'l'ru.ste»-s, from time to time, to witlnl raw from the ousto.ly of the said bank such of the said debentures, coupons, or interest warrants respectively, as according to the tenor and uTect thereof mav l.e requisite for duly presenting and obtaining ijayiriont thereof and shall forthwith, after such presentation, and in so fai- as the said bonds, debentures, securities, coupons, or interest war- rants may not have been paid, return the same into the custody of the bank aforesaid, and shall, from time to time, and as and when any such moneys aro received deposit the same in the °'™ '^"^''*'»*^^> ^ *he credit of a special account, to be termed " The Canada Southern Railway Municipal Account," which account shall further clearly state and show the particular bonds, debentures, or securities, in respect of which the said moneys have been received, and in such account the moneys received in respect of the bonds, debentures, or securities from each Municipal Corporation, shall be kept separate and distinct from those received from any other of the said Municipal Cor- porations. Secondly. It shall be lawful for each of the Municipal Cor- porations who may pass by-laws to aid the said Railway Com- pany to require from the provisional or other Directors on behalf of the said Railway Company, and before the bonds debentures, or other securities for such aid are delivered tf) the said trustees, an agreement setting forth and specifyinr^ the stipulations and conditions under which the bonds, debentures or other securities granted by such Municipal Corporation, and all nioneys payable in respect thereof, or of the interest there- on, shall, from time to time, become applicable for the purposes of the said Railway ; and when, and as the said bonds, deben- tures, or other securities, or any of them, or any moneys re- ceived onaecount thereof, or of the interest thereon, accordin^^ :o the terms of the said agreement, become deliverable or pavaUe to the said Railway Company, the same shall from time to'liue be delivered or paid, as the case may be, by the said Trustf«s upon certificate of the Chief Engineer of the said Railway Com- pany in form set out in Schedule B. to this Act, or to the lile effect. Thirdly. In the event of the sai< 1 Railway Company not com- pleting the said Railway to the extent mentioned, or by the time required under the terms of its agreement with any Muni- cipal Corporation, it shall be the duty of the said Trustees to return to such Municipal Corporatior"the bonds, debentures, or securities received from it, and any moneys received in the meantime in respect thereof, or of the interest thereon, or such of the said bonds, delientures, securities or moneys as shall not have been delivered or paid to the said Railway Company under the teims of the said agreement ; and any bonds, deben- tures. 18(J9 9 Cap. 32. turns orsocurit.o8.Horoturne.J, shall be forthwith cancelled ; and It 18 further provided that the act of any two of the said Trus- theieto '"* "'"^'"^ *""* ^'"'''"« *'■' ''^ ^'"^ *^"''^'' ^"^ "g''«**<^ ..i.!!li/! H*'" 'Y'"'^''«'- l^wf^^-'ythe Oorpomtion of any Muni- Municiprlities cip-dity through nny part of whicli the Railway of the said ""y «''«™Pt Company passes or is situate, by by-law especially passed for l^'Cnylm that purpose to oxeinpt the said Company and its property t^^tionf or within such Municipality, either in whole .,r in part from Muni- SonT^"" cipal assessuieut or taxation, or to agree to a certain sum per anumn or otherwise in gross or by way of commutation or com- position for payment, or in lieu of all or any municipal rates or assessments, to be imposed by such Municipal Corporation, and ex^edient^"""" y^"'"«*^«"ch Municipal Corporation may deem 9 That the money to be paid into one of the chartered banks lo.>ercent8ub. ol this i-rovince, as reciuired by sections six and fourteen of the '«="?*»*'« *« .^ Act chapter fourteen, passed in the thirty-first year of Her Ma- Iti^pi^' jesty s reign by the Parliament of Ontario, and intituled. "An Act spd Provincial for the incorporation of the Erie and Niagara Extension Railway ^""^''' Company, shall be paid in to the joint credit of the said Com- pany and the Treasurer of Ontario, and notice of such pay- Notice ment shall be published for at least one month in the OntaAo (razette and a copy of the stock list of the said Company duly verified shall at the said time be deposited in the office of the 1 rovincial Secretary ; and the said money so paid into the bank as aforesaid, shall remain therein to the joint credit of the said Company and the Tretisurer of Ontjvrio until satisfactory evi- dence of the bonajides of all the subscriptions, and of the ability ana intention of the said Company to commence and carry on the said Kailwa,y shall be furnished to the Lieutenant-Governor in Council and an order shall have been issued declaring the same to be bona Me; and any Municipality along the line of the proposed Railway, or any Railway Company duly organized in Untano shall be at liberty to examine into and test the bona naes of the subscriptions before the Lieutenant-Governor in Council within one ui(,nth after the first publication of the said notice; and m the event ofnon-coni|)liance with the above pro- visions withm the times limited by the said hereinbefore recited Act, then the rights and privileges conferred by this Act or oy the said recited Act shall cease and be void and of none efle,'t. 10. The Company shall have power to become parties to Company may promissory notes and bills of exchange for sums not less than become parties one hundred dollars ; and any such promissory note made or ux^'Z""^ en.iorsed, and such bill of exchange drawn, accepted or en- 14, .ij u\rj rtcoiuciiior Tiuu-trcsident of the Uompany, and countersigned I Cap. 32. 10 a'^ I ii!^ countersigned by the Secretary and Treasurer, and under tae author' y of a majority of a quoruin of the Directors, shall be binding on the Company ; and every such promissory note or bill of exchange made, drawn, accepted or endorsed by the Presi- dent or Vice President of the said Company, and countersigned by the Secretary and Treasurer as such shall be presumed to have been properly made, drawn, accepted or endorsed, as the case may be, for the Company, until the contrary be shown ; and in no case shall it be necessary to have the seal of the Company affixed to any such bill or exchange of promissory note, nor shall the President, Vice-President, or Secretary and Treasurer of the Com[»any, so making, drawing, accepting or endorsing any such promissory note or bill of exchange, be Proviso. thereby subjected individually to any liability whatever : Pro- vided always that nothing in this section shall be construed to authorize the said Company to issue any note payable to bearer, 01 any promissory note intended to be circulated as money, or as the notes of a Bank. Sec. 16 of Erie H. The sixteenth section of the said Erie and Niagara Ex- tensicn^aii-* tension Railway Act is hereby repealed, and the gauge of the way Act, 1868, said Railway may be such as the Directors, in their discretion may determine upon, with power to lay down a third or more rails as they may think proper. ^ repealed. Extension of IJJ. The respecfive times limited in and by the fourteenth biJ^ori^nir^ and fifteenth sections of the Erie and Niagam Extension Rail- Act, way Act of 1868, are hereby respectively extended each for tlie further period of eight calendar months. No. SCHEDULES. Canada Southern Railway Co.'s Office. Engineer's Department. Chief Engineer's Certificate. Certificate in the Canada Southern Railway Municipal Trust Account, given under section of Act 33 Victm%a 18 Cap. i, A. B., Chief Engineer for said Railway Company, do here- by certify that the said Company hath performed and fulfilled the following terms and conditions specified and set forth in the agreement, dated the day of , between the Corporation of ' and the said Company, that is to sav ; {Here 1869. 11 Cap. 48. bemMimdT* ^^^'^ *^ ^^^'^ "^ cowdifion* which have And that under the said agreement and in accordance there- with the said Railway CoDipany is now entitled to receive irom the said trust the 8um of $ in the debentures ot the said Municipal Corporation, together with their relative coupons and interest warrants, or any money heretofore re- ceived by the said trust in payment of the said coupons or interest warrants, or of the said debentures respectively " THE CANADA SOUTHERN RAILWAY ACT, 1872." CAP. XLV^III. An Act to confer further Corporate Powers on the Lanada Southern Railway Company. [Assented to 2nd March, J 872.] W^.™^^ The Canada Southern Railway Company is Preambia '^i .1.®''?,''^®'^ '" *^^ construction of its lines of railwav under the Statute of tnis Province passed in the thirty S year of Her Majesty's reign, intituled " An Act for theinrr- and the Statute passed in the thirty-third year of Her MaLtv's fT''^^^-'"^ ^S ^' > ^r°^ *^« ^«* incorporaS tL Erie and Niagara Extension Railway Company, and to change h«th ,tTv ^ V ?^"t^^ ^""^^""^ Railway Company," and hath petitioned for further corporate powers • ofThfr*"'''^!^.-' ^^J««<^y't)yandwith the advice and consent as follows? ' ^"""""^^^ '* *^' ^'•"^^"'^^ '^ ^"^'•">' ^^^'^ . OnUl^Vo?r«-lT"^ "If^ 'n"'^T.^ ^ '^'^^^^^ ^''^"^ ^'^y l>0i"t Power to con- on Its line of railway m the Township of Enniskillen to somp "t^^* branch- point on the St. Clair River, in the Township of Sarnk alsoa "• lown ot Chatham, and the several ch x .;e.^ of the Act chanterprl sixty-six of the Consolidated Statute. . / the former ffince of Canada, intituled "An Act respecting Railways" which bv?'*"'T ^'^ Act rises":!;'-" '' ''^ ^T -{^,-g-- Exten'^i'ontlilw^ " ^^^^^ act; 01 looo. are mnomnru+^d wUK +i,«4. a^a ...a ^h , •' ^ i ., .V.J vttav n.v;t, aiiu ail ana every the Cap. 48. 12 35 Vic. the powers conferred by siiid laist mentioned Act and the said recited Act amending the same, shall be taken, held and con- strued to apply to any branch line hereby authorized to be constructed, as fully and effectually as if such branch line had been specially authorized in and by the said last mentioned Acts ; Provided that the construction of such branches shall be commenced within one year and completed within four years, otherwise the powers conferred by this section shall become void as to any such branch not commenced and completed within the respective times aforesaid. Municipal cor- * The corporation of any municipality which has aided and porations em- assisted, or may aid or assist the said company, majr, upon the CT^e*^*to application of the company, erant such extension of time as said work. municipal corporation may think fit for the performance or fi^l- filment by the company of any works stipulated for in respect of such aid or assistance. Directors may 3. The directors of the company may, subject to the rules mKd^S ^^^ regulations, from time to time, of the board, appoint an New^Yorit*" -agent in the City of London, England, and also an agent in the City of New York, in the State of New York, with power to pay dividends, to open and keep books of transfer for the shares of the company, and for the issue of scrip and stock certificates ; and thereupon shares may be transferred from the Canada office to the London or New York offices, in the names of the trans- ferees in the same manner as shares may be transferred in the former office, and vice versa ; and shaies originally taken and subscribed for in Great Britain, and shares originally taken and subscribed for in the United States may be respectively entered upon the books at the London, or at the New York office, and scrip certificates be issued for theni, and the agent or agents or other officer or officers shall transmit an accurate list of all such transfers and scrip certificates so issued to the secretary or other officer of the company in this Province, who shall there- upon make the requisite entries respecting such transfer and scrip certificates in the Register kept in this Province, and thereupon the same shall be binding on the company, as to all the rights and privileges of shareholders, as though the scrip certificates had been issued by the secretary of the company in this Province. Provisions as 4. Shares in the capital stock of the company may l>e trans- Jtock*"*^' "' ferred by any form of instrument in writing ; but no transfer shall become effectual unless the stock or scrip certificates issued in respect of the shares intendei to be transferred are surrendered to the company, or the surrender thereof dispensed with by the company; Provisions as 5 Whenever any transfer shall be made in England or the to^teansfering ^^j^^j g^^^ ^^ ^^y ^^iBiXQ of stock of the company, the delivery of 1871*2 13 Cap. 48. of the transfer and stock or scrip certificates to the agent or ^ents of the company for the time being in London and New Yord aforesaid shall be sufficient to constitute the transferee a shareholder or stockholder in the company in respect to the share of stocks so transferred ; and such agent or agents shall transmit an accurate list of all such transfers to the secretary of the company in this Province, who shall thereupon make the requisite entries in the register, and the directors may from time to time make such regulations as they shall think fit for facilitating the transfer and registrations of shares of stock and the forms in respect thereof as well in this Province as else- where, and as to the closing of the register of transfers for the purpose of dividends as they may find expedient : and all such regulations not being inconsistent with the provisions of this Act and of the Railway Act, as altered or modified by this A.ct shall be valid and binding. ' 6. Any shareholder in the said company, whether a British BritUh sub- subject or alien, or a resident in Canada or elsewhere, shall 1**'*^*°^*"«"» have equal rights to hold stock in the said company, and to righted" ^ ' vote on the same and to be eligible for office in the said com- pany ; and direetors may at any meeting of the Board vote by proxy, provided at least four directors are personally present at J!!K"^*> such meetings. *^ ^^ p™*^' 7. Where stone, gravel, or any other material is or are re- Power to take quired for the construction or maintenance of said railway or ^*^®^ p***- any part thereof, the company may, in case they cannot agi-ee with the owner of tne lands on which the same are situate for the purchase thereof, cause a provincial surveyor to make a map and description of the property so required, and they shall serve a copy thereof with their notice of arbitration, as in case of acquiring the roadway, and the notice of arbitration, the award, and the tender of the compensation shall have the same- effect as in the case of ai-bitration for the roadway, and all the provisions of the Railway Act as varied and modified by the specml Acts relating to the said company as to the service of the said notice, arbitration, compensation deeds, payment of money in court, the right to sell, the right to convey, and the parties from whom lands may be taken or who may sell, shall apply to the subject matter of this section, and to the obtaining materials as aforesaid ; and such proceedings may be had by the said company either for the right to the fee simple in the land from which said m*terial shaU be taken, or for the right to take nmterial for any time they shall think necessary ; the notice of arbitration, in case arbitration is resorted to, to state the interest required. 8. When said gravel, stone or other materials shall be taken, Power to lay £-CV,C--J.,.g ovi/vi^rii \ji xjUirz nCv lit ii UlJJtJlIlCU IFOm tile "•'•'"e'"f'>" , , tracks to line gravol pits. Cap. 48. 14 36 Vic. Power to make traffic and other arrangements with other companies. li' ^ of the railway, the company may lay down the necessary siding and tracks over any lands which may intervene between the railway and the lands on which said material shall be found, whatever the distance may be ; and all the provisions of the Railway Act and of the Special Acts relating to said company s Act, except such as relate to filing plans and publication of notice, shaU apply, and may be used and exercised to obtam the right of way from the railway to the land on which such mate- rials are situated ; and such right may be so acquired for a term of years or permanently, as the company may think proper ; and the powers in this and the preceding section may at all times be exercised and used in all respects after the railway is constructed for the purpose of repairing and maintaining the said railway. 9. The company may make arrangements for the convey- ance or transit of traffic with any other railway company or companies, or with the International or any other railroad bridge, or tunnel company, and may enter into an agreement with such other company or companies with respect to the terms of such traffic arrangements, or with respect to all or any of the matters following, viz. : The maintenance and manage- ment of the works of the companies respectively or of any one or more of them or of any part thereof respectively ; the use and working of the railway or bridge or of any part thereof respectively and the conveyance of traffic thereon ; the hxmg, collecting, and apportionment of the tolls, rates, charges, receipts and revenues levied, taken or arising in respect of traffic- and the joint or separate ownership, maintenance, management, and use of a station or other work or any part thereof respectively. Power to ao- lO. The Company shall have full power to purchase land for ,i;f +r» nr V>epnn>p ornn.rant.nrs for. or 1869. n Cap. 86. other ooDi- or may subecnbe to or become the owner of stock in any rail- others road bridge or tunnel company with which its line may be in P"^*»' connection m the like manner and with the like rights L indi- i " THE CANADA SOUTHERN RAILWAY ACT, 1873." CAP. LXXXVI. ^^^^^^ Respecting the Canada Southern Railway [Aaaented to 29th March, 1878.] WHEREAS The Canada Southern Railway Company has Pr<.anhi. have fb/r'''T^-hPu"^l^ ^° ^""^^ ''^^ bfanchTanVt^ "^""""f have the times limited by the second section of an Act passed yJ^^' *J^iyty-fifth year of the reip of Her Majfsty Queen V ctoria chaptered forty-eight, and for other corporate ^powe^ and it 18 expedient to grant the same ; ^ ' oouthem Railway Company," passed in' the thirty-fifth v^ "^ '*jj ,'• ttvliS;P.^ Her Majesty Queen Victoria, £! Tp^Zt^tH" f^l^^oToftXlT'^"''^ «'«"'»«<' -" f- the a. The said Company may construct a branch from anvp some ooin V;? "' '^^TV^ '^' ^^^^^P ^^ EnniSen to -=c?L some point at or near the Village of Petrolia in th^ qairl L^ «* ^"^c^ ship ; also to some point at or Lr the Vma^^^^ "^- point oni;^ ..to^hip ; also one or more bLches S Z * Et on fhi' M.^^ '^'^Z^ ^^ *^^ ^°"^<^y of Welland. to any point on the Niagara River, or to the line of the Erie and WeUrd ^^7^^ Company in the Counties of Lincdn aSd s^ of fi,. P *^^.««yfl J^i^^^es of the Act chaptered sixty- ljZ.:^JtJ^^'^^'^^'^.?f '^t formerVvince ^f Canada, intituled, ';;An Acb respecting "m^;;;;" wMcT by ....« -td^aLa ^^ijviisioii. rvaiiway Act the second section of the If If m Cap. 86. 16 3G Vic. 1873. Time for com mencement and construc- tion. Act of 1838 ax8 incorporated with that Act ; and all and overy the powers conferred by the said last mentioned Act or any Act amending the same or relating to the Canada Southern Railway Company shall be taken, held and construed to apply to any branch line hereby authorized to be constructed : rro- vided, that the construction of such branches shall be c*om- menced within two years, and completed within four years, otherwise the powers conferred by this section shall become void as to any such branch not commenced, and completed within the respective times aforesaid. Powers of 9. The Said Company shall have power to guarantee for the guarantee, &c. loan of its credit to, or become guarantors for or may subscribe to or become the owners of stock in any railway company, with the line of which their line may be in connection, or any rail- way company over the line of which they may now have or hereafter may make anangements for running powers or the Proviso conveyance of traffic : Provided, that the power given under this clause shall not be exercised, unless sanctioned by a vote to that end of two-thirds of the shareholders, voting in person or by proxy at a general meeting of the shareholders specially called for that purpose, or at the annual general meeting. 4. The by-law numbered one hundred and ninety-four, paased by the Corporation of the County of Elgin, intituled a by-law " To aid and assist the Canada Southern Railway Com- pany, by giving two hundred thousand dollars to the said company by way of bonus, and to issue debentures therefor, and to authorize the levying of a special rate for the payment of the debentures and interest :" The by-law passed by the Corporation of the Township of Townsend, intituled, " By-law of the Municipal Corporation of the Township of Townsend to aid and assist the Canada Southern Railway Company, by giving thirty thousand dollars to the said Comp{\ny by way of bonus, and to issue debentures therefor, and to authorize the levying of a special rate for the payment of the debentures and interest :" The by-law passcv.' by the Corporation of the Town- ship of Dereham, bearing date the twelfth day of October, 1870, to aid and assist the Canada Southern Railway Company, by giving thereto the sum of fifteen thousand dollars : The by-law, numbered one hundred and thirty-eight, passed by the Corporation of the Township of South Norwich, intituled, " By-law of the Municipal Corporation of the Township of South Norwich, to aid and assist The Canada Southern Rail- WRV Company, by giving fifteen thousand dollars to the said Company, by way of bonus, to issue debentures therefor, and to authorize the levying of a special rate for the payment of the debentures and interest;" The by-law, lettered S, passed by the Corporation of the Township of Maiden, intituled, " By- law to aid and assist The Canada Southern Railway Company, Certain by- laws and debentures confirmed. 30 Vic. id every . or any louthern to apply I : Pro- be c'om- ir years, become tmpleted i for the ubscribe ,ny, with my rail- have or ra or the 3n under >y a vote n person specially ety-four, tituled a '^ay Com- the said therefor, payment i by the " By-law nsend to pany, by y way of orize the tures and le Town- October, !^ompany, Ts: The 3d by the intituled, unship of ern Rail- the said 'efor, and yment of S, passed led, "By- Dompany, by 1873. 17 Cap. 86. by giving fifteen thousand dollars to the Pnmno«„ u bonus, and to issue debentures therJrVr ^Tf ^u^ ^""^ °^ levying a special rate fovTevaXe^'^^^^^^ ^^ interest;" The bv-law nnmW';? • \ ^uch debentures and CorporaLnof tSTown8h^D^^AnT^^'^?"^Pr^^ ^^ *»»« law^ aid and aZt Tr&lsoutW^'TL^V'^^'l^ "^ ^y by giving fifteen thousand doUa^rtJe^n^''''^ k^'^^^P^'^^' bonus, and to issue debentures'he^efor SdTo Ztht "*^.."^ levymi? a SDecial mf« fn». +i,^ «""=iexur, ana to authorize the interest ? The mI'/I*^^^^^^^^ f f ch debentures and tion of the Town of^t tT^"'"^ seventv-four, of the Corpora- and assist tJs CanadfsoutWnY'l^^^S "^ ^^''^^^ *« ^^^ a bonus of twentyTve Sand d^l Sn^r^""^.' > ^^^'^^ and to issue debentures therefor andr tlt^ .«^»^ Company, i:^ 'Z^' ST-S '^» rf " — ^ therefor, and to aJthS tL^^ •' ''''? *^ '^'"^ debentures payment of del^lTs' Ij^a tSt'' \r "^ issued, or that mav herppftl 1° . ®^* ' *°? »» debentures . by-laws be, aL tTe rme ar« ZT'^"?^"'; "[*^«'' «^ ^^^^ vklid upon the lid resprtive Cor^^^^^^^^^^ legal, binding, and Elgin, the TownshiD of Tnwl ^fP^^^^^ns of the County of the^Wnshlro^Srh NoS^ Township of^Anderdon. theT.^ of stTh^^ ^^.^S^"' *^« Amherstburff and nil Mhl i^ ^' -^bomas, the Town of the cUrar?kotl-tL^^ ^^^ °^ ^^^^'^t^ ^ tamed upon or subject to whiVh +1,1 V' ^ *"®"^ ^°^- mentioned in the sS^by-laws o^nv of X'n,"' T f *.^^"^ to the said Canada SoutieSTLn^^^ Comp'an;" '^ '' ^^"^° wa%SeTver Vettt ^T ^^^<^™«ted their rail- Bridge over have in f^ ^J- settle Creek, m the County of Elein and ,^«*"« Creek, fc of'st'ThfC'l^r^^. ^p' theMuJcipaSfof ^eirS'el'' Talbot Street, in tTe'saTd toL l.^r*^'.-''^^^""^^^^ '^P^^ Now therefor; such ercrlcTmiratd ^ ^'7'"^'^}^' «ame. struction of the said brTd^^^f? ^ diversion and the con- declared lawfol Kl^d thaPn'^^^^^^^ '' ^'''^y shall prevent the .^drl^rj^.^'^^^^^^^. ^«^«.^^ «o°tained ^ ^ -i-i.^j..nj ^^„x„ ouaagmgtne construc- tion -Mi •pMfa I" 0>*. 66. 18 »yui. tion of the said bridge «> «* to mtore the highway to iti original state. 1 it That the said Company shall have the power of closiag Ifr^ "^ „ •• !^ nr SlwSv Uiing th«>ugh any of their station nproada. ^ mui^iSipaUty in which the said ^o^'^j!'^^^ ^if^J^ law DMsed Jbr that purpose, and provided ». ."f . •^'f °J ^IrJCSd convenient fSrThe public, be provided m Ueu of any such dossd road. . , . V The Act Dassed in the thirty-third year of the r«gn of g^icl*;-! Her 3u^?(KZ^Victoria. chafed t^rty-two and .nti- ^.W " in Act to amend the Act incorporating the Ene and N^ra^xteriioi bSi way Company. «id to change the name STr(S!^«5la Southern Wwav dompan^. may'U cited af « The Canada Southern Railway Act, Iboy. a TV,« Apt nassed in the thirty-fifth year of the rei^ of . Smada Southeni Mway Company may be Cited aB, The Canada Southern Bailway Act, 1872. 8.«rt titieof ». This Act may be cited aa "The Canada Southern Rail- this Act. ^ay Act, 1878." " THE RAILWAY ACT." CON. STAT. CANADA, CHAP. 66. General Railway Act. HFR Mftieatv by and with the advice and cor?ent of the Le^Stive Cncil an^ Assembly of Can« r.a^. as follows : 1. Application of Act . (.•»'^^^^-"> Name by. „ which it shMl b« cited. .See. 14 ." tins Act, or any other Act therein referred to distinffuishod by tt separate number ; o , • 1^1 7^® 7^^"^ "shareholder" shall mean every subscriber to "8h»r«. or holder of stock in the undertaking, and shall extend to and ^"''i7v ,. include the personal representatives of the shareholder. % Jp. Si, 3. Incorporation. **' §. Every Company established under any Special Act shall Oomi«niM De a body coqwrate under the name declared in tho Special uSr sSliini Aot i S fl* Cap. 66. 22 22 Vic. Act, declared Act, and shall be Invested with all the powers, privileges and SiSL^' Ac immunities necessary to carry into effect the intentions and ser 14 «fe is objects of this Act and of the Special Act therefor, and which vicMip. 61, ^^ incident to such Corporation, as are expressed or included in " the Interpretation Act." 4. POWEBS. ue. Powers : To receive _Jlt8 of ada, &c. ; 9. The Company shall have power and authority : — Firstly. To receive, hold and take all voluntary grants ahd donations of land or other property made to it, to aid in the construction, maintenance and accommodation of the Kailway, but the same shall be held and used for the purposes of such grants or donations only ; Purchaaeland. Secondly. To purchase, hold and take of any Corporation or person or any land or other property necessary for the construc- tion, maintenance, accommodation and use of the Railway, and also'to alienate, sell or dispose of the same. Occupy pubUc Thirdly. No Railway Company shall take possession of, use lands, beaches, ^^ occupy any lands vested in Her Majesty, without the consent s^ 14 A 15 of *^6 Governor in Council ; but with such consent any such Vic. mp. 51, Company may take and appropriate for the use of their Railway fa. 9, No. »- ^^^ works, but not alienate, so much of the wild lands of the 169; ^^^.8^' Crown lying on the route of the Railway as have not been granted or sold, and as may be 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 their said Railway and works, but nothing in this sub- section contained shall apply to the thirty and thirty-first para- graph3 of the eleventh section of this Act. Carry lUulway FwxrtUy. To make, carty or place the Railway across or upon across lajids of ^^ j^^j^^jg ^f ^^y Corporation or person on the line of the Rail- wdSreT' way, or within the distance from such line stated in the Special Act, although, through error or other cause, the name of such party has not been entered in the Book of Reference hereinafter mentioned, or although some other party has been erroneously mentioned as the owner of, or entitled to convey, or is interested in, such lands ; Fifthly. To construct, maintain and work the Railway across, along or upon any stream of water, water course, canal, high- way or railway which it intersects or touches : but the stream water course, highway, canal or railway so intersected or touched, shall be restored by the Company to its former state, or to such state as not to impair its usefulness ; SiMhlv- And across or along streams, &c ; 1859. 28 Cap. 66. Siosthly. To make, complete, alter and keep in repair the Complete Railway with one or more sets of rails or tracks to be worked S^ ^'^ore*^ by the force and power of steam, or of the atmosphere, or of tracka, &c. ; animals, or by mechanical power, or by any combination of them; 11 Seventhly. To erect and maintain all necessary and con- Erect neces- venient buildings, stations, depots, wharves and fixtures, and sajry buildings, from time to time to alter, repair or enlarge the same, and **'*^*''' **'• ' to purchase and acquire stationary or locomotive engines and carriages, waggons, floats and other machinery and contrivances necessary for the accommodation and use of the passengers, freights and business of the Railway ; Eighthly. To make branch railways, if required and provided Branch KaU- by the Special Act, and to manage the same, and for that ^*3^ ' purpose to exercise all the powers, privileges and authorities necessary therefor, in as full and ample, a manner as for the railway ; Ninthly. To construct, erect and make all other matters and All other things necessM^y and convenient for the making, extending ™»"e" and and using of the raUway, in pursuance of and according to the *S*?oS". meaning and intent of this Act, and of the Special Act ; w»y J Tenthly. To take, transport, carry and convey persons and Convey per- ^oods on the railway, to regulate the time and manner in aon^^d goods which the same shall be transpoi-ted, and the toEs and com- °° **^' pensation to be paid therefor, and to receive such tolls and compensation; Eleventhly. To borrow from time to time, either in this pro- Borrow mo- vince or elsewhere, such sums of money as may be expedient "^y- **'• ' for completing, maintaining and working the Railway, and at a rate of interest not exceeding eight per cent, per annum, and to make the bonds, debentures or other securities granted for the sums so borrowed, payable either in currency or in sterling, and at such place or places within this Province or without as may be deemed advisable, and to sell the same at such prices or discount as may be deemed expe'^':ent, or be necessary, and to hypothecate, mortgage or pledge the lands, tolls, revenues and other property of the Company for the due payment of the said sums and the interest thereon, but no auch debenture shall be for a less sum thazi one hundred dollars ; Twdfthly. To enter into and upon any lands of Her Majesty Enter upon without previous license therefor, or into and upon the lands ^^^^^^^'* of any Corporation or person whatsoever lying in the intended ' ° ' route or line of the Railway ; IMrteenthly.. K ». r Cap. 66. 24 22 Vic. Jf uSdT^*^" ThvHeenthly, To make surveys, examinations, or other ne- • cessary arrangements, on such lands necessary for fixing the site of the Railway, and to set out and ascertain such parts of the lands as afe necessary and proper for the Railway ; Eemove trees. FourteeuMy. To fell or remove any trees standing in any woods, k-ds or forests, where the Railway passes, to the dis- tance of six rods from either side thereof; Unite with other Rail- ways. II . •( Fijteenthly. To cross, intersect, join and unite the Railway with any other railway at any point on its route, and upon the lands of such other railway, with the necessary conveni- See 14 *■ Sf r?,n?i-'^i °'''/^*,f **^°^'' *^^ ^opi^ and extoacts there- o&tr* llr^T^^^' ^°*^/^f P^"*"* '^1 P^^o'^^ interested to inspect ^ ^ nf Li?® documents aforesaid, and to make copies and extracts ot and from the same, under a penalty for default of four dollars ; m aii-- '§.*4 Cap. 66. 26 22 Vic. ■f m Copies certi- fied by Clerk to be good evidence in Courts. Line not to de' viate more than a mile. Tenthly. The copies of the maps, plans and Books of Refer- ance, or for any alteration or correction thereof, or extracts therefrom, certified by the clerk of the peace, shall be received in all courts of justice or elsewhere as good evidence of the contents thereof, and the clerk of the peace shall give such cer- tificate to all parties interested when required ; Eleventhly. No deviation of more than one mile from the line of the Railway, or from the places assigned thereto, in the said map or plan and Book of Reference or plans or sections, shall be made into, through, across, under or over any part of the lands not shewn in such map or plan and Book of Reference, or plans of sections, or within one mile of the said line and place, save in such instances as are provided for in the Special Act; Error in the Twelfthly. The Railway may be carried across or upon the name of a per- \g^^^Q of any person on the line, or within the distance from TB^fof "" such line as aforesaid, although the name of such pei-son has Keference. 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 ; Extent of TMrteenthly. The lands which may be taken without the Ki*^^thout consent of the proprietor thereof, shall not exceed thirty yards consent of in breadth, except in places where the Railway is raised more proprietor, ^j^^^ g^g j-gg^ 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, and then not more than two hundred yards in length by one hundred and fifty yards in breadth, without the consent of the person authorized to convey such lands; and the places at which such extra breadth is to be taken, shall be shewn on the map or plan, or plans or sections, so far as the same may be then ascertained, but their not being so shewn shall not pre- vent such extra breadth from being taken, provided it be taJcen upon the line shewn or within the distance aforesaid from such line ; Fourteenthly. The extent of the public beach, or of the land covered with the waters of any river or lake in this Province, taken for the Railway, shall not exceed the quantity limited in the next preceding clause. 6. LANDS AND THEIR VALUATION. Extent of public beach to be taken. See 14 * any lands, Cap. 66. 22 Vic. 'Mi h .i,S' ,' binding as between tbe remaining proprietor 6i proprietors as joint tenant or tenants in common and par indivie ; and the proprietor or proprietors who have so agreed, may deliver pos- ses^jion of such lands, or empower the entry upon the same, as the case may be ; After one Fifthly. After one month from the deposit of the map or TdelSsTt^or V^^^ ^^^ ^'^ok of Reference, and from notice thereof in at least map, Ac, one newspaper, if there be any, published in each of the districts tKw" "Af" *"^ counties through which the Railway is intended to paas, UndH. application may be made to the owners of lands or to parties 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 parties 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 com- pensation shall be ascertained, as may seem expedient to both parties, and in case of disagreement between them, or any of them, then all questions which arise between them shall be settled as follows, that is to say : Deporit, Ac, Sixthly, The deposit of a map or plan and Book of Refer- *^J^8«=^«'*l ence, and the notice of such deposit, shall be deemed a general notice to all such parties as aforesaid of the lands which will be required for the said Railway and works ; Seventhlif. The notice served upon the part/ shall contain : 1. A description of the Jands to be taken, or of the powers intended to be exercised with regard to any lands, describing them ; 2. 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 ; and 8. The name of a person to be appointed as the arbitrator of the Company, if their offer be not accepted ; and such notice shall be accompanied by the certificate of a sworn surveyor for Upper Canada or Lower Canada, as the case may be, disinter- ested in the matter, and not being the arbitrator named in the notice : 1. That the land, if the notice relate to the taking of land shewn on the said nap or plan is required for the Railway, or is within the limits of deviation hereby allowed ; 2. That he knows the land, or the amount of damage likely to arise from the exercise of the powers ; and a). Notice to op- posite party, 1859. Cap. 66. ill contain : 3. That the 8um so offered is, in his opinion, a fair comoen. sation for the land, and for the damages uforesltid ; ^"^ Eighthly. If the opposite party is absent from the district or If thenartvh. county m which the Uds lie. or is unknown, then, upon ap pH- »«f .^.1* cation to a judge of the circuit court, or ofjthe county court as ^"^' IrdTv^nTffl^/' .rrP""^^^> «"«^ ^^'tificate as^aforesaiS and by an affidavit o^ some officer of the Company that the opposite party is so absent, or that, after diligent enquiir the LtrdT.""- T ^^t n"*^^ °"«^* *° ^« served cannot^Kcer! tamed the judge shall order a notice as aforesaid, but without a a certihcate, to t,e inserted three times in the course of one month ID some newspaper published in th. said district or county 5 Mnthli,. If within ten days af . r the service of such notice Party not or within one month after the first publication thereof ^' --pV„?th^ aforesaid, the opposite party does not notify to the Commn v '7^*"^,'* ?;: ^Tr '' '^' 'T f'^'^ "^y them^or^lVrtC ^^^^^ the name of a person whom he appoints as arbitrator then th^ "^'*"*"''- judge shall, on tne application of the Company, appoint a sworn 1., / ^ ' °' f * company ( previous notice of at least one ' tor, EUventhly. The arbitrators, or any two of them, or thfi shIa r. .• / ^['tricfo;'"^^"^"^'.^^^ district or county m which the lands lie, faithfidly and im- partia% o perf-orm the duties of their office, shaU proceed toascertain tte said compensation in such way as the/ or he or a majonty of them, deem best, and the award of such axbt' t^!J ^''^i ^'^^ '^ ?""^' ""' °^ *^« ««!« arbitrator, shalT be fina and conclusive: But no such award shall be made, or any official act be done by such majority, except at a meeting hdd at a time and place of which the other arbitrator has had at eas one clear day's notice, or to which some meeting at which the thu'd arbitrator was present, had been a^joumeS- and no shalTbe' hi 5" V^' parties shaU be necessar^. but eacSparty £ld V^ V '"®«'^^^<^^y ^*^^»fi«d through the arbitrator ap- pointed by him, or whose appointment he required ; Twelfthly If in any case where three arbitratora have be^T. ^ ♦ v. appointed, the sum awarded is not greater thr^Sat offe^e J vS '"" the ^es Cap. 66. 80 22 Vrc, Arbitnton may examine on oatb. 5' the costs of the arbitration shall be borne by the opposite party and be deducted from ihe compensation, but if otherwise, they shall be borne by the Company ; and in either case, they may if not agreed upon, be taxed by the judge aforesaid ; Thitieenthly. The arbitrators, or a majority of them, or the sole arbitrator, may examine on oath or solemn affirmation, the parties, or such witnesses as voluntarily appear before him, or them, and may administer such oath or anirraation ; and any wilfully false statements made by any witness, under such oath or affirmation, shall be deemed wilful and corrupt perjury, and punishable accordingly ; Time within Fourteenthly. The judge, by whom any third arbitrator or mSit^bS^ide. ^°^® arbitrator is appointed, shall, at tl^e same time, fix a day ' on or before which the award shall be made, and if the same is not made on or before such day, or some other day to which the time for making it has been prolonged, either by the con- sent of the parties, or by the order of the judge (as it may be for reasonable cause shown, on the application of such sole arbitrator or of one of the arbitrators after one clear day's notice to the others), then the sum offered by the Company as afore- said shall be the compensation to be paid by them ; Fifteenthly. If the arbitrator appointed by such judge, or if any arbitrator appointed by the parties, dies before the award has been made, or is disqualified, or refuses or fails to act within a reasonable time, then, in the case of the arbitrator appointed by the judge upon the application of either party, such ju'ge being satisfied by affidavit or otherwise of such death, disquali- fication, refusal or failure, may appoint another arbitrator in his place, and the Company and party respectively may each appoint an arbitrator in the place of his arbitrator deceased or otherwise not acting as aforesaid, but no recommencement or repetition of prior proceedings shall be required in any case ; Company may Sixteenthly. Any such notice for lands, as aforesaid, may be cOTte. ^^^"^ desisted from, and new notice given, with regard to the same or other lands, to the same or any other party, but in any such • case the liability to the party first notified for all damages or costs by him incurred in consequence of such first notice and desistment shall subsist ; Arbitrator dying, Ac. Arbitrators not diaquali- fied unlesfl personally in- terested. Seventeenthly. The surveyor or other person, offered or ap- pointed as valuator or as arbitrator, shall not be disqualified by reason that he is professionally employed by either party, or that he has previously expressed an opinion as to the amount of compensation, or that he is related or of kin to any member of the Company, provided he is not himself personally inter- ested in the amount of the compensation ; aud no cause of disqualification 1839. 91 Cap. 66. shall be summarii;rt:rSd'hT?h:j„d^'f'^ ■" '"™"*'J' onposife Jty after the aS"Ti„T„f'': thwSJtor^ at =?« "" the validity or nvaliditv of nnv o„uun\e a- ^^^^^^'^^^ > and arbitrator hw application of either mX V^r nn« "i^ ^'5 *^^ J"^«^' ^" *^« ^iTraliir„t„-5SS?^=F^^^^^^^^^^^^ d.S"frf?y wanJTlrtrthfS'-rV^^ invaH-...H... the reniiirAm«n+c J *u- a x , *"®^ technical objection if avoided for to ,.hon, the sum is to be p.irinL'^1„lL''a'wL"; "^"^ satS^rtSaS? srawll'j ofJlS" "' '"' ^ '«- — to the party entitled to r^^rjr.^. *^°*^ "•"" "" "foresaid »«y b. «„ 1 c* ujr oiiwwtju u) receive the same or imnn fho ri«,.,-> -i on payment or of the amount of such comnensation in fi^i^L ' l ^^P^^i*^ tenaerV&c , of "tLrr^:a£VhU°£'i»''-§?-'-^'°^-^ • hs satisfaction fhnf *!,» "■"'«*" or agreement, on affidavit to °^ possession ^/iu ^"** ^^^ immediate possession of ♦Iia ia»,^.. ™*y 'ssue of the power to do the thine mentiortpd Tn f k2 ""^.^^^.^^n^s or befSre award, sary to carry on som« mirf ffT^ "j 1^,*^® °°^^c^' ^^ neces- «aid Comyify^v^fs^ecuntT^iis^'^^^^^ the Security be,„, which sh£l not beKw L, Ki *r*'''^*^*'''°' *"^ ^^ ^ ««m fi«t^/en, to^ the notioe. to moZ^.'tV^l.^rC^*'::^^ -- ' within Cap. 66. 32 22 Vic. When com- pensation to stand in the place of the land. within one month after the making of the award, with interest from the time at which possession is given, and with such costs as may be lawfully payable by t)ie Company ; Twenty-secondly. The compensation for any lands which might be taken without the consent of the proprietor, shall stand in the stead of such lands ; and any claim to or incum- brance upon the said lands, or any portion thereof, shall, as against the Company, be converted into claim to the compensa- tion, or to a like proportion thereof, and they shall be responsi- ble accordingly whenever they have paid such compensation,or any part thereof, to a party not entitled to receive the same, saving always their recourse against such party; As to incum- Twenty -thirdly. If the Company has reason to fear any brances, &c , daimg or incumbrances, or if any party to whom the compen- ftc'l'piirohased sation or annual rent, or any part thereof is payable, refuses to or taken in executo the proper conveyance and guarantee, or if ihe party entitled to claim the same cannot be found or is unknown to the Company, or if, for any other reason,the Company deems it advisable, the Company may, if the lands are situated in Upper Canada, pay such compensation into the office of either of the Superior Courts for Upper Canada, with the interest thereon for six months, and may deliver to the Clerk of the Court an authentic copy of the conveyance, or of the award or agreement, if there be no conveyance, and such award or agreement shall thereafter be deemed to be the title of the Company, to the land therein mentioned ; U.C What notice to be pub- lished. Twenty-fourthly, A notice, in such form and for such time as the said Court appoints, shall be inserted in some newspaper, if there be any, published in the county in which the lands are situate, and in the City of Toronto, which shall state that the title of the Company, that is, the conveyance, agreement or award, is under this Act, and shall call upon all persons entitled to the land, or to any part thereof, or representing or being the husbands of any party so entitled, to file their claims to the compensation or any part thereof, and all such claims shall be received and adjudged upon by the Court, and the said proceed- ings shall forever bar all ciaims to the lands or any part there- ofV including dower, as well as all mortgages or incumbrances upon the same ; and the Court shall make such order for the tlistribution, payment or investment of the compensation, and for the securing of the rights of all parties interested, as to right and justice, and according to the provisions of this Act, and the Special Act and to law, appertain ; By whom costs Twenty-fiftUy. The costs of the proceedings, or any part tobe paid. thereof, shall be paid by the Company, or by any other party, as the Court may deem it equitable to order ; Twenty-dxthly. 1859. 8S Cap. 66. any error, fault or neglect of the Company, it is^not obt^ned until after the six months have expired, the^Cc urtshaH order the Company topay to the proper^laimants the interest for -such further period as may be right; "» ''^e interest tor Cai., Mortgage. h;poteTnou^r„r,T fl lly 'ZTt «YF»-^. whom the compensation or nnnnai ^^^t- ^ party to and Company oavablfi rpfnci f^r * x^ ^ ^®"*' ^^ ^^7 Part thereof, is havereasoVto other reason the Company deems it flHvJ«aKin +? 7^ ^ may pay Buchoompens^a J„ i:a:Va'Zf ^^^^ for the security of the Sw»» ?. . ■ H """PeMation, and and justice and the Si.l ^ . '^'^ -nterested, as to right of tis z: "aui t^Kif^^pTrtrr'"''^ '^ *" p™™°- Uie pajjment of the comDensation tHl *™ !'l f?™*' f™" -UH «n^^i direct a proportionate ^- o?thri=stri/~ !..„... ' turned CSS Cap. 66. S4 22 Vic. SI The coaeof Railway pass ing through Indian lands provided for. As to lands belonging to Her Majesty, &c. Set. 14 GS. Shareholders SIO. The shareholders may assemble together at general mav hold gen- naeetinffs for purposes connected with or belonging to the eral meetings. , .®, . "^ i . i i x- i See 14 & 15 Undertaking, and at any annual general meeting, and may Vic. cap. 51, elect, directors in the manner provided by the next preceding clause. see. 16. 11. President and Directors DUTIES. their election AND Board of direc- tors. See 14 & 15 Vic. cap. 51, sec. 16. 31. A board of directors of the undertaking to manage its affairs, the number whereof shall be stated in the Special Act, shall be chosen annually by a majority of the shareholders voting at such election at a general meeting, the time and place for which shall be appointed by the Special Act ; and if such election is not held on the day so appointed, the directors shall notify and cause such election to be held within thirty days after the day appointed. 33. On the day so notified, no person sha;^ be admitted to vote except those who would have been enl led to vote had Who entitled to vote. Vic^tap. 51, *^® election been held on the day when it ought to have been sec. 16. ' held. Vacancies how to be filled up. ."Vd:i m^" a"°r^- ter but It shall be sufficient to declare that the defendant ;. >° ''°ti<"»« ««' he holder of one share or more, stating the number of Tares and IS mdebted, in the sum of money to which the calls in arl rear amount, m respect of one call i more upon one sW or more stating the number and amount of eS Tsuch caS SSaTAt.""''''"""^' ^ the Company by vitrS .A^tJJ"^^ certificate of proprietorship of any shai^ shall be Certificate „f •".mxstcu tii au courts as p^WfM* fame evidence of the «tie of P"'P"«*««wi, prima facie any evidence. •I i^ t IV M Cap. 66. 4fi 22 Vic. any shareholder, his executors, administrators, successors, or assigns, tu the share therein specified. SO. But the want of such certificate shall not prevent the holder of any share from disposing thereof. Penalty for ffO. Any person neglecting or refusing to pay a ratable share oalK*^ ^ ^^ °^ ^^® ^'^^^^ ^ aforesaid, for the space of two months after the time appointed for the payment thereof, shall forfeit their re- spective shares in the undertaking, and all the profit and bene- fit thereof ; all which forfeitures shall go to the Company for the benefit thereof. Forfeiture of share to be taken advan- tage of only at a ^neral meeting. Effect of for- feiture as to liabilitieB. Directors may sell forfeited shares by auction. •17. No advantage shall be taken of the forfeiture, unless the same is declared to be forfeited at a general meeting of the Company, assembled at any time after such forfeiture is in- curred. «I8. Every such forfeiture shall be an indemnification to and for every shareholder so forfeiting against all actions, suits or prosecutions whatever, 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. 09. The directors may sell, either by public auction or pri- vate sale, and in such manner and on such terms as to them seem meet, any shares so declared to be forfeited, and also any shares remaining unsubscribed for in the capital stock of the Company, or pledge such forfeited or unsubscribed shares for the payment of loans or advances made or to be made thereon, ' or of any sums of money borrowed or advanced by or to the Company. Certificate of 60. A certificate of the treasurer of the Company that the trewiurer to be forfeiture of the shares was declared, shall be sufficient evidence f orf el toe and of the fact, and of their purchase by the purchaser, and such of title. certificate with the receipt of the treasurer for the price of such shares shall constitute a good title to the shai'es, and the certi- ficate shall be by the said treasurer enregistered in the name and with the place of abode and occupation of the purchasers, and shall be entered in the books required to be kept by the by-laws of the Company, and such purchaser shall thereupon be deemed the holder of such shares, and shall not be bound to see to the application of the purchase-money, nor shall his title to .such shares be affected by any irregularity in the proceedings in reference to such sale, and any shareholder may purchase any shares so sold. Interest may 61. Shareholders willing to advance tlie amount of their be aUowed to ghares, or any part of the money due upon the respective shares ° °~ " "'" beyond shareholders 1859. 48 Cap. 66. jrevent the beyond the sums actually called for mav mv th^ a«^ j . uoon the principal n.oneyLopaidt'adv7ncr^^ of BB from time to time exceeds the amount of the calls th«n '''''' '"^■ made upon the shares in respect to which such Xncet made ' ' supportme, mamtaining and carrying on of Te umie^S nf ' / der*tfki4* froTZ^f^T^'TM ^^" shareholders of the un- Declaration of or delTr^ine "^"^^ "* ™"'' "'"""g ">«k «» to appoint a!L^°is'",^'':"l'I;:lI,^ "■«,"« ''.'■^■■^y 'he capital of th. Divided. „o. is ^pkw'*3'„r™Tf ;i!" "■"'''"'"^"on. »ntil the milroad m,^ ^, nnt «;S!5r • rS ^ ""^ P"'''"'' pay interest at ajiy rate wi-'e'atoS .iSTp in^lt^„?ThcTh'are'' fhr a-«^on':u K^r on whioi. ^u^^ respect ot the shares, from the respective days "''*"«• be Sd at sLw- ^^^^ ^/'°i P^^^' ^"^^ ^^'''^ to^accrue and tharpu,;tse ^""^ P^^^'^ '' '^' ^'"''^'^ ^PP«i»t for upt'wiShlTfalfi^nT"' *• *^' proprietors of any share No interest oh other Zl tn\! i u u"'T ^^ respect of such shares or any ^^'^^ ^ call r.w ***^^>l ?^^^"«« "*y subscribe Municipal cor- I lor any number of shares in the capital stock of, or lend to or P«"*'""« "^r guarantee the payment of any sum of money bo^owed by the s^utm Company from any corporation or person, or indor^ or Lai! vtciX antee the payment of any debenture to be issued by the Km- '"• '*' pany for tU money by them borrowed, and may^a^ess Z levy from ime to time upon the whole Stable i JpeX of the municipahty a sufficient sum for them to discha^Z debt or engagement so contracted, and for the like purpose may issue debentures payable at such times and for LcPsum Te pec! tively. not less than twenty dollars, and bearing or n^ bearing interest, a^ such municipal corporation thinks meet ^ I Ln*be'^alir«n^.l ^.'^^."*"^« ^^M«^' i^^ or taking or indirectly, ! directors of r during the 's reign, un- Company ex- liable to the the amount a,nd liabilities as been paid )efore an exe- in satisfied in cecution shall shareholders, I from time to sanctioned by in amount of jressly called in writing to operly direct- to his place uch meeting, bing, and the meeting must ,nd thereupon sanctioned by iployed in the 3r company. 16. Actions for Indemnity, and Fines and Penalties and THEIR Prosecution. 83 AH suits for indemnity, for any damage or iniurv sus- Limit.« * tamed by reason of the Railway, shall be instituted w£ sTx ^S^S ' months next after the time of such supposed damage sus Led ^^^ i« nex afSr .t'df ""'*^«« ^^ t'^-Se. ff en within^six mSs ^"4^1? next after the doing or committing such damage ceases and'*"*^' not afterward., ; anS the defendante may plead thf genera issiJe and give this Act and the Special Act tod the special matterTn evidence at any tnal to be had thereupon, and may pZe that fndThTsT^dfjir ^"""^"^^ ^^'^'^^ ^^ authoritj^f ZstJ 84. Every person who, by any means or in any manner or p ,*„ SL'vt'thf' ''•*"^'*^ °^ r-^P^ *^« fr«« uTof the S^^b" uailway, oi the carriages, vessels, engines, or other works inci- ''*™f°?, '"« Swof'atid? '^'"''''f ^^"^^'^'i therewith, shdl be ri2^7/' guilty of am sdemeanor, and on conviction thereof, shall be^^-^-^^^. punished by imprisonment in the common gaol of the district '"' ""• or county where the conviction takes place^or in the provSl pemtentiary, for a term not to exceed five years. '"^ P'^^'^''^"^* r ^'^v^^ S®'^''^^ \vilfully and maliciously, and to the nreiu- p i*„ stroying the same, or any part thereof, or any of the buildings ^'««ilway. stations, depots, wharves, vessels, fixtures, m^hinery oroS ^"^^^^^^ works or devices incidental and relative thereto or^onnected '^^^^^ herewith, or do ng any other wilful hurt or mi;rhieTor^l ful y or ma iciously obstructing or interrupting the free Tse of the Railway, vessels or works, or obstructing, hindering or E?n".*S^'R'-,'*^^^"^ '?' ^^^P^^^^S, supportSg and'Sfin- teming the Railway, vessels or works, shall be guilty of a mk- be l^fv Z !Tm * ^«W, m which case such person shaU be guilty of a telony, and the court by and beiore whom the FshTin S ^"^^^'^--ted.may cause%uch pei^o^ tTbe pun! lonv Lft. "'^''°'' ^^ "^^''T ^^^y of niisdemeano? or 8C. All fines and forfeitures imposed bv thi? Ar'- nr fVio ^. teittr 'T-T w^"'-*^.^- ievyinglr;ect;ringo?sr^^^^ which are not particularly herein directed, shall, upon proof of i*?^^""!!^ eTh?rhli^ '^J^'^^'^^^^^-^.'^'^P^^^^^^^^^^^^be act occurred, on ofVn ' ^"^«««^°?,f t¥ party, or by the oath or affirml tZLr^A T%''?^i^^ ^i^^'> ^ ^ administered without lee or reward, be levied bv disf.r«»a or»/i o„u ^f *!,« -/»•._ ," ," goods 3p, Cap. 66. 48 22 Vic. How appli- cable. See 14 and 16 Vic. cap. 51, sec. 20. When party may be com- mitted. goods and chattels, by warrant under the hand and seal or hands and seals of such justice or justices. 87. All fines, forfeitures and penalties.the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the treasurer of the Company, to be applied to the use thereof, and the overplus of the money so raised, after deducting the penalty and the expenses of the levying and recovering thereof, shall be returned to the owner of the goods so distrained and sold. 88. In case sufficient goods and chattels whereof to levy the penalty and expenses are not found, the oflfender shall be sent to the common gaol for the county or district in which he has been convicted, there to remain without bail or mainprize, for such term, not exceeding one month, as the justice or justices think proper, unless the penalty or forfeiture, and all expenses attend- ing the same, be sooner paid or satisfied. Appeal, 8©. Every such person or persons may, within four months ^i4ondi5 g^f^gj, ^YiQ conviction, appeal against the same to the Court of jJeTsw?" ' General Quarter Sessions, to be holden in and for the county or district. Contravention 90. All contraventions of this Act or of the Special Act, by &c**to W t^e Company, or by any other party, for which no punishment misdemeanor, or penalty is herein provided, shall be a misdemeanor, and See 14 and 15 ^YiaR be punishable accordingly ; but such punishment shall not se^.'^^' ' exempt the Company, if they be the offending party, from the forfeiture by this Act and the Special Acts, of the pnnleges conferred on them by the said Acts, if by the provisions thereof or by law, the same be forfeited by such contravention. 17. By-laws — Notices, &c. By-laws to be 91. All by-laws, rules and orders regularly made, shall be put into writ- p^^ jj^^o writing and signed by the chairman or person pre- IT/iX siding at the meeting at which they are adopted, and shall be kept in the office of the Company ; and a printed copy of so much of them as relates to or affects any party other than the members or servants of the Company, shall be affixed openly in all and every passenger car, and in all and every place where tolls are to be gathered, and in like manner so often as any change or alteration is made to the same ; and any copy of the same, or any of them, certified as correct by the president or secretary, shall be deemed authentic, and shall be received as evidence thereof in any court, without further proof. By-laws to b«. 98. All such by-laws, rules and orders shall be submitted submitted to fj.Quj ^^q ^ ^ime to the Governor for approval. Governor. See 14 and 15 Vic. cap. 51, tec. 20, JVo6. See 14 and 15 Vic. c*p. 61, wc. 20. 93 1859. 49 Cap. 66. the*fha?SerI*nf%'S'''r''°^P'°'^^ resolutions of Copies of nun. fiBd to be true copies extracted from such minute boS sha 1 f"^' ^l ^^i'}^^^ ^^®^ V *he secretaiy of the . Comnanv h^^.- . order of the direotorq sVinll Ko ,^«^,v, j J^ i ^V " 3^' "^ Notices by Of the Company ' *"' ^''""'^ ""*'^'« ^^ ^^^ directors --tary^ -See 14 and 15 18. Working of the Railway. sec. "20?^* ' 95. Every servant of the undertaking employed in a nfl«, ^ . . hXtor.''" t'/ '''i'^l ^^^ P-se4er.,'sa wearuCw^'^S^^s. his hat or cap, a badge, which shall indicate his office • and hp ^^ " «^«i« shaU not without such badge be entitled to demand or receive -2^' '' from any passenger any fare or ticket, or to exercise anv If the powers of his office, nor meddle or nterfL wTh It L senger or his baggage or property. '*^ ^""^ P^'" and discharging way passengers and goods from the trains ^ p.^.:x^'ti.--titi»^-^^^^^^^ J?l,5r±"il"^ ^ '''f»»^<'™. demand, the Company shall ^„Iv ^ in'i, ^T^'i" "1*'"°'""= ; ';"" ■""" of eight doMara, to be recovererl '•'"•mgio m a avl action ; and, ftirther, no fare or toll shall be Xted t'ltlt: Of Passengers and goods to be carried on payment of tare or freight. See 14 and 15 Vic. cap. 51, sec. 21. The company liable for neglect or refusal. .y ot Kmiway Commissioners, may authorize br require any Rail- «'^«:V'?r"*- suStSZTu^VHr'^^'.^' T'^ permanent bridgeJ.S^oK;:^a substitute such bridges in the phvce of the swin^ f ^^ "^^^f '^Y ^"« ^'•^ ^« ^« i«^P°««d orTt^red^ servants of the Company are intended to be bound, shall have tioned by the Governor in Council. fi3r-Uw«, im- iMwing toll* to be approved by the Gover- nor in Coun- cil. Stti Wm.IV. cap. 29, tec. 6 ; andU Vic cap. 99, uc. 9. Su 14 ^^^ ^^ ^^^y *^f misdemeanor, and shaU be punished by imprisonment with hard labour in the com- mon gaol of the territorial division in which such offence is committed or tried, for any period not exceeding one year from conviction thereof; and if m consequence of such act done with the intent aforesaid, any person so passing over and along such Railroad actually suffers any bodily harm, or if any prSperty passing over and along such Railroad be injured, such Tufferini or injury shall be an aggravation of the offence, and shall ren- der the offence a felony, and shaU subject the offender to pun- ishment by imprisonment in the penitentiary for two vean or m any other prison or place of confinement for any period ex- ceeding one year and less than two years. * 153. If any person wilfully and roaUciously displaces or re-Andifanv moves any Railway switch or rail of any RaUroad, or breaks r^on^ oriage, or tence of any Railroad or any portion thereof or offence to be places any obstruction whatever on any such rail or Railroad '"^"^^"K^t^'- track or bridge, or does or causes to be done any act whatever ff«\*ftr^- o whereby an engine, machine or structure, or^a^y matter or '^- '''''" '• thing appertaining thereto is stopped, obstructed, impaired, weakened, injured or destroyed, with intent thereby to iniure And if such damage bt ac- tually done. See 16 Vic. cap. 169.»ec.l. any person or prouertv nassino- ovor ■'8 X and • Vide Con. SUt. Canada. Cap. 93. Sea 30, herein. r ^ M : m Cap. 66. 60 22 Vic. and if in consequence thereof any person be killed or his life be lost, such pei-son so offending shall be guilty of manslaughter, and being found guilty, shall be punished by imprisonment in the penitentiary for any period not more than ten nor le£S than four years. Committing 154. If any person wilfully and maliciously does, or causes X)pS«7&c., to be done, any act whatever whereby any building, fence, to bett misde- construction or work of any railroad, or any engine, machine "^^"'i" ^^ structure of any raih-oad, or any matter or thing appertain- Sp. 169,MC. 3! ing to the same is stopped, obstructed, impaired, weakened, injured or destroyed, the pei-son so offending shall be guilty of a misdemeanor, and be punished by imprisonment with hard labour, not exceeding one year, in the common gaol of the territorial division in which the offence was committed or has been tried. Punishment of lUS. Every person wilfully obstructing any railway inspec- st^oting'in- ^^^ "^ *'^^ execution of his duty shall, on conviction before a bpectors in the justice of the pcjice having jurisdiction in the place where the theiJ'duty?^ offence has been committed," forfeit and i)ay for every such of- See 20 Vic. fence any sum not exceeding forty dollars, and in default of cap. 12, aec. 3. payment of any penalty so adjudged, immediately or within such time hs the said justice of the peace appoints, the same justice, or any other justice having jurisdiction in the place where the offender i-esides, may commit the offender to prison for any period not exceeding three months ; but such commit- ment shall be deterinined on payment of the amount of tlie penalty ; and every such j)enalty shall be returned to the next ensuing court of quarter sessions in the usual manner. Company to ItSO. Everv Railway Company shall, as soon Jis possible after of°&(Ho'it8 ^^^ receipt of any order or notice of the Board of Railway officers, &c. Commissioners, give cognizance thereof to each of its olffcers See 20 Vic. and servants, in one or more of the ways mentioned in the one cap. 12, aec. 15. ijuj,dred and sixty-third section of this Act. What to be deemed suf- ficient notice thereof. See 20 Vic. 151. All orders of the said Railway Board of Commissioners shall be considered as made knovn to the said Railway Com- pany by a notice theioof signed by the chairman and counter- signed by the secretary of tlu; said Board, and delivered to the cap. 12, tec. 15. president, vice-president, managing director, secretary or sujier- intendent of the said Company, or at the office of the said Company. Punishmentof * 15§. If any 'officer or servant of, or person employed by, any officers, &c., Railway Company wilfully or negligently contravenes any by- byalw^Ac^ law or regulation of the Company, lawfully made and in force. See 19 a,nd 20 or any order or notice of the Board of Railway Commissioners, Vic. cap. 11, j^„j yf vvhich a copy has been delivered to him, or has been **• *• posted 22 Vic. r his life be lUMlaughter, sonment in or less than ), or causes Iding, fence, le, machine r appertain- weakened, )e guilty of , with hard gaol of the tted or has way inspec- [)n before a e where the ry such of- 1 default of y or within 8, the same n the phice jr to prison ich commit- ount of tlie to the next ler. ossible after of Railway r its officers d in the one mmissi oners ilway Com- nd counter- vrered to the iry or super- of the said »yed by, any mes any by- wid in force, iimissioners, 1859. 61 Cap. 66. posted up or open to his inspection in some place where his woi-k or his duties, or any of them are to be performed, then if such contravention causes injury to any property, or to any per- son, or exposes any property or any person to the risk of iniury or renders such risk greater than it would have been without such contravontion. although no actual injury occurs, such con- travention shall be a misdemeanor, and the person convicted thereof shall, in the discretion of the court before whom the conviction is had, and according as such court considers the of- fence proved to be more or lessgrave, or the injury or risk of in- jury to persons or property to be more or less great, be punish- ed by fane or imprisonment, or both, so as no such fine exceeds tour hundred dollars, nor any such imprisonment the term of five years ; and sucli imprisonment, if for two years or upwards, shall be m the provincial penitentiary. 159. If such contravention does not cause injury to any pro- Penalty, petty or person, nor expose any person or property to tho risk See 19 and 20 of injury, nor make such risk greater than it would hav. been »''%««?•"- witliout such contravention, then the officer, servant, or other '"'' person guilty thereof shall thereby incur a penalty not exceed- ing the amount of thirty days' pay, nor less than fifteen days' pay of the offender from the Company, in the discretion of the justice ot the peace before whom the conviction is had ; and such penalty shall be recoverable with costs before any one ius- ticc of the peace having jurisdiction where the offence has been committed, or where the oflfender is found, on the oath of one cr^aible witness other than the informer. . for*?!!!" n?w- "^^i^^yf^^ch penalty shall belong to Her Majesty Application foi the public uses of the Pro^ ince, and the othermoiety to the Seei9and20 informer, unless he be an officer or servant of, or person in the ^^- ""'»' "• employ ol, the Company, in which case he shall be a competent "'"' "" witness, and the whole penalty shaU belong to Her Majesty for the uses afo»esaid. '^ ^ I«l. The Company may in all cases under this Act pay the ■mount of the penalty and costs, and recover the same from the offender or deduct it from his salary as pay posted on ffi "^ Railway Company may, by a by-law, imnose upon any officer, servant, or person who, before the contravention of such by-hiw has had notice thereof, and is employed by the tompany, a toneilure to tho Company of not less than thirty days nay of such officer or servant, for any contravention of such by-law, and may retain any such forfeiture out of tho salary or wagen of the offender. 103. The company- may pay penalty, and deduct from wagea. -See 19 and 20 Vic. cap. 11, tec, 1. Company may impose penal- ties for contra- vention of bylaws. *'«« 19 and 20 Vic. cap. 11, sec. 2. ii 'C i'"' i>i<^ I Hfi ' t I Cap. 66. 62 22 Vic. How notice of 103. The notice of the by-law or of any order or notice of ^wTmay be t^© Board of Railway Commissioners may be proved by proving proved. the delivery of a copy thereof to the officer, servant or person, See 19 and 20 or that he signed a copy thereof, or that, a copy thereof was " " posted in some place where his work or his duties, or some of them, were to be performed. Vic. cap. 11, eec. 2. When such 164. Such proof, with a proof of the contravention, shall l'*a*Ae*encr ^® *'' ^^'^ answer and defence for the Company in any suit for forthacom- the recovery from it of the amount so retained, and such for- pany. feiture shall be over and above any penalty under the preced- See 19 & ^ jjjg sections numbers one hundred and fifty-eight to one hun- Vtc. cap. 11, 6 ... , JO tec. 2. dred and sixty-one. 26. Working of the Railway. Railway not to 1 ®«5- No Railway or portion of any Railway shall be opened be opened till for the public conveyance of passengers until one month after mon'th's^notice notice in writing of the intention to ojien the same has been of intention to ffiven, by the Company to whom the Railway belongs, to the Joard of Railway Commissioners, and until ten days after cap. 12, sec. 4. notice in writing has been given by the said Company to the said Board of Railway Commissioners, of the time when the said 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 16ft. If any Railway or portion of a Railway be opened with- contfavention. q^^ 3^.}^ notices, the Company to whom such Railway belongs See 20 ric. ^ shall forfeit to Her Majesty the sum of two hundred doUars for cap. , ec. ,. g^gj,y ^^^ during which the same continues open, until the said notices have been duly given and have expired. open the same See 20 Vic. Railway Com- missioners, upon report of Inspectors and approval of Governor in Council, may order post- ponement of opening of road. See 20 Vic. cap. 12, nee. 6. Penalty for opening con- trary to the order of the 167. If the railway inspector or inspectors, after inspection of any Railway, report in writing to the Board of Railway Commissioners that, in his or their opinion, the opening of the same would be attended with danger to the public using the same, by reason of the incompleteness of the works or perma- nent way, or the insufficiency of the establishment for working such Rjiilway, together with the gi-ound of such opinion, the Board of Railway Commissioners, with the sanction of the Gov- ernor in Council, and so from time to time, as often as such in- spector or inspectors after further inspection thereof so reports, may order and direct the Company to whom the Railway be- longs to postpone such opening not exceeding one month at any one time, until it appears to the said Board that such opening may take place without danger to the public. 168. If any such Railway, or any portion thereof, be opened contrary to such order or direction of the Board of Railway Commissioners, 22 Vic. r notice of by proving t or person, ihereof was or some of ition, shall ly suit for [ such for- bhe preced- o one hun- 1859. 68 Cap. 66 1 be opened lonth after le has been igs, to the days after )any to the J when the opinion of iveyance of )ened with- 'ay belongs [ dollars for itil the said inspection ^f Railway ning of the using the or perma- br working )pinion, the of the Gov- as such in- ' so reports, t.ailway be- 5nth at any 3h opening ', be opened of Railway imissioners, Commissioners the Companyto whom the Railway belongs shall Comnu^ion- torteit to Her Maiestv the sum of twn li.in,i™/i ^«ii„«<, <• ® ere. forfeit to Her Majesty the sum of two hundred dollars fofeve^rv dav dunnor whinVi fV.o «««,« «^«j.i«„„„ , f^ See20 Vic. ICh cap. 12, tw. 6. , J . , r ;•',•' — """*"^ w"" "uuuieu uouars lor ever day dunng which the same continues open contrary to sue! order or direction. ''^ 169. No such order shall be binding upon any Railway Com- pany, unless therewith is delivered to the Company a Jopy of founded inspector or inspectors on which the order is When only such order to be binding on the Company. See 20 Vic. cap. 12, gee. 6. When a Rail- way passes over a swing bridge, &c., train to stop for 3 minutes. See 18 & 19 Vic. cap. 176, sec. 24 ; and 16 Vic. cap. 169, sec. 6. Company to use the best apparatus for communica- tion between conductors and engine drivers, and for stop- ping or discon- necting cars, fixing seats in cars, &c. See 20 Vic. cap. 12, sec. 10. no. In all cases where a railroad passes any draw or swine bridge over a navigable river, canal or stream, which is subject to be opened for the purposes of navigation, the trains shaU, in every case, be stopped at least three minutes, to ascertain from the bridge tender that the said bridge is closed and in perfect order tor passing, and in default of so stopping during the full penod of three minutes, the said Railroad Company shall be subject to a fine or penalty of four hundred dollars. III. Every Railway Company, which runs trains upon the Kailway for the conveyance of passengers, shall provide and cause to be used in and upon s^ch trains such known apparatus and arrangements as best afford good and sufficient means of immediate communication between the conductors and 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 breaks to the truck wheels of the locomotive or tender, or both, or of all or aiw of the cars or carriages composing the trains, and of disconnecting the locomotive, tender and cars or carriages from each other bv any such power or means, and also such apparatus and arrange- ments as best and most securely place and fix the seats or chairs m the cars or carriages, and shall alter such apparatus and arrangements or supply new apparatus and arrange- ments from time to time as the Board of Railway Commis- sioners, with the sanction of the Governor in Council, may order. JJ'^' A^''^''^^ J^^ilway Company shall make such by-laws, Companies t« rales and regulations, to be observed by the conductors enffine ™ake by-laws drivers and other officers and servants of the Company, tnd JfcScSs" by All other Companies and persons using the Railway of such ^^ °*'^«'- Company, and .Mch regulations with regard to the construction fT' *" the carnages and other vehicles to be used in such trains on Z.V:ec. lo. the Kailway of the Company, as are requisite for ensuring the employment and proper use of the aforesaid means of commu- nication, application and disconnection. .^'^'i.u^^''^ Railway Company which fails to comply with Penalty for — y <^. vhe provasioiis contained in the one hundred and sev- not o„i„piying with the 17l8t e|^ty-farst section. I( I Cap. 66. 64 22 Vic. See 20 Vie. enty-first section of this Act, shall forfeit to Her Majesty a sum cap. 12, tec. 10. ^^^ exceeding two hundred dollars for every day during which such default continues. Betum of ac- cidents to be made semi- annually. S« 20 Vic. e ap. 20, sec. 14. 114. Every Railway Company shall, within ten days after the first days of January and July in each and every year, make to the Board of Railway Commissionei-s, 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 Rail- way of the Company during the half-year next preceding each of the said periods respectively, setting forth : 1. The causes and nature of such accidents and casualties. 2. The points at which they occurred, and whether by nighb or by day ; 3. The full extent thereof, and all particulars of the same ; and 4. Shall also at the same time return a true copy of the ex- isting by-laws of the Company, and of their rules and regula- tions for 'he management of the Company and of their Railway. Form to be ap- 175. The Board of Railway Commissioners may order and ^ard of'^m- di^pct from time to time the form in which such returns shall misaionera. be made up, and may order and direct any Railway Company to See 20 Vic. make up and deliver to them from time to time, in addition to cap. 12. sec. 14. ^j^^ gg^j^ periodical returns, returns of serious accidents occurring ill the course of the public traffic upon the Railway belonging to such Company, whether attended with personal injury or not, in such form and manner as the Board deem necessary and require for their information with a view to the public safety. Penalty for 176. If such retums so verified be not delivered within the neglect. respective times herein prescribed, or within fourteen days after cap^2^m 14. ^^^ ^^™® ^^^® ^®®^ ^° required by the Board, every Company ' ' ' ' making default shall forfeit to Her Majesty the sum of one hundred dollars for every day during which the Company neg- lects to deliver the same. Such returns 177. All such returns shall be privileged commimicat ^'cornm^? and shall not be evidence in any court whatsoever. cations. See 20 Vic. cap. 12, sec. 14. 27. Board of Railway Commissioners, their Duties, &c. Board of Com- Hg. The Receiver General, the Minister of Finance, the StX""""" Commi8|ioner of Public Works, and the Provincial Postmaster • General, 22 Vic. sty a sum ing which days after '•ery year, [• the oath Company, casualties the Rail- ding each malties. r by night same ; and of the 6x- nd regula- r Railway. order and urns shall ompany to iddition to i occurring belonging injury or necessary the public within the days after Company im of one ipany neg- unicat [EIR inance, the Postmaster General, 1859. 66 Cap. 66. General, shall constitute a Board of RailwoTr n«^ • • and each nf *ha aaiA . ffi i! n i railway Commissioners ; «« 14 .fc is ana each ot the said officers shall be a member of the said Board ^^- "^p- ^3. by virtue of his office, and so long and so Inntr nX„ I u ^j 'S- ^^' «'*^ the samp ■ «iip>i ««^ If ^vT !""8'f''iti so long only as he holds 22 Ftc, cap. 3, rI.^ T 11 ^® ""^ *^® ^^''^ officers as the members of the (i^^^-) f«n 5 flf p ^'"i TV^^" ^« *^« Chairman and official or 28. Railway Inspectors, their Duties, &c. ai,thomed may at aU reasonable time., upon pSing h°s au "'■'^'"■^ w«ks rJtZnr'n?;.^'''-' '"'^ ''"'^™^' cattle^a™^ tag thereto ^' ™«'°''' '^'^' """^ ^--^g'' 6sl»ng- the'ifofshS^f n 1rP»»y »dthe officer, and director, Co„p^«„. .-ii'ifrfSKdretzi'SrystTb^^^^^^^ trorS^a.^ ™^ "°'"»'' '^'"^"f' -■''"'■- " "«e, ^ulT tj.,.m*ng any order of a.y suol. inspe .r reuS^TLh-V^, ,«!'**■»''''"' T™?""^ '"' "dicers employed in the telen-ii* « tr^Z^tLTT' t"^^^"^ Company :i,SlS' SC^Xj f . -"°^,^^®^^^^^ *^^%» TiT +Ko aM. nr nrAar of the inspector, ar J such connrma- (wp. 12, sec. 9. tion, 22 Vic. officer le- ich offence sufficiently 1 Inspector led by the ioners and fence, road ly Railway motive, car condemned B Board of rovernor in in any part ert, viaduct las been re- 3, with the y to which ling or con- ting, signed ned by the the defects motive, car, I make such ferred to as d. spector, it is y particular •ations, sub- ar that any nin or used, ning of any of Railway, r locomotive, e president, of the Com- ;0 any officer of trains on h his reasons he defects or 1859, 67 Cap. m. the same to ith the sanc- m, modify or ich confirma- tion, tion modification or disaUowance shall be duly notified to the Railway Company affected thereby. ^ "ownea to the Majesty the sum of two thousand dollars '*°*'«' See 20 Vic. tended with senous personal injury to Ly pe«onusW the S"™""' . wilfully omits to giveLh noticTsuch Col^LM^^^^^^^ to Her Majesty the sum of two hundred dolJrfor every £v during which the omission to give the same continues. ^ ^ \u-'^-. ^^ inspection had under this Act nor anv f>i,-n^ ;., this Act contained or done or ordered or emitted tTLi ^ /"'P??*'"" ""* orderfid nnrl^r r.r. k„ • i. " . 1 Craittea to be done or *« reheve oraerea under or by virtue ol the provisions of this Act shnll }^'°°»P"'yf'«'n or husband, parent or child, executor or administrator tutoT or curator, heir or other personal representative of any persoX any thing done or omitted to be do/ a by such OomLEtf I 29. Railroad Fund. huJdred tT fi%-ret^^^^^^^^^^ T ^'^T.^'^ T^^ ^J-.'^ to the Receiver General an annual rate to be fixed bv ?hp '•''^' ^2,«p.19. Governor m Council, hot exceeding ten dolbrs rS mTiP nf Railway coustriint.eH »n^ ;« .,„« . _. °i. ,*^"^'«ra per mile ot " • •" "^^' ="<-•" rate to be paid half- yearly Cap. 29. 9B 23 Vic. include. See 20 Vic. cap. 12, sec. 21 yearly on the first days of January and July in each year, and to form a special fund for the purpose of this Act, to be called " The Railway Inspection Fund." 30. Certain Sections Limited. What the l»«. In the construction of the one hundred and fortietl. words " Rail- ^q Q^e hundred and fiftieth, the one hundred and fifty-fatth to ^y^^ThM one hundred and fifty-seventh, the one hundred and sixty-fiftli ^■-'- to one hundred and seventy-seventh, and the one hundred and seventy-ninth to one hundred and ninety-first sections of this Act, the expression " Railway Company " shall include anj^ person being the owner or lessee of or contractor working any Railway constructed or carried on under the powers of an Act of Parliament. 31. How Penalties Recovered ani^ Applied. 103. All penalties incurred under any of the sections of this Act in the last section referred to, except penalties under tlie one hundred and fifty-fifth section thereof, mavbe recovered in the name of Her Majesty, by Her Majesty's Attorney-Genera in any court having competent jurisdiction thereover ; and all penalties recovered under the other sections aforesaid, shall be paid to the Receiver General to the credit of " The RaUway " Inspection Fund." How penaltieg recover ad and applied. See 20 Vic. cap. 12, sec. 20. See Amend- ments of thi» Act, 23 Vic. cap. 29 ; and 24 Vic. cap. 17. 11,30. "THE RAILWAY ACT AMENDMENT ACT OF 1860." 23 VICTORIA, CHAP. 29. An Act in Amendment of the Railway Act (22 Vict. chap. 66, i859.) (^Assented to I9th May, 1860.) Preamble. TJER Majesty, by and with the advice and consent of the Xl Legislative Council and Assembly of Canada, enacts as follows : Constebles I. The justices of the peace for any county in Upper Can- •"^y ^ fP- , ada, assembled at any General Quarter Sessions of the Peace, rtf Une'of and any iudge of the Court of Queen's Bench, or Superior Court, 23 Vic. I year, and be called id fortietli fty-fifth t(. sixty-fiftli indred and ons of this iclude an)' )rking any 1 of an Act ED. ions of this I under the ecovered in ley-General rer ; and all id, shall be be Railway ENT , (22 Vict. nsent of the la, enacts as Upper Can- if the Peace, Derior Court, 1130. 69 Cap. 29. slerilndt^^ '-''H '^ ^^% ^^*^^«' «^ inspector and any Railway, superintendent of police, in Lower Canada on the annIu.«Hnr, »'"' h»«^- of the board of directors of any Railway (tm^anywTo^^^^^^^^^ :;KSe"de'rk t •"'' T^'^^^^" of su'ch [ustes of t peace, juage, clerk, or inspector and superintendent of Dolir« aa may be, on the application of .nv cferk or Znt orsuch Company thereto authorized by such board, maTn the r or his discretion, appoint any persons recommended ti them for that purpose by such board of director, clerk or a^en^ tl act as constebles on and along such Railway ; and every perso^ C?irandth"?^^^-i,T*^r'. favour V affection, maliceoril will, and that I will, to the best of my power cause tbp r^LZ to be kept, and prevent all offences agaiSst tl; pea^e and^I at ■mylmZdXnw^^^^^^ '^^t' oLe,Iwiu!?orebest ray Skill and knowledge, discharge the duties thereof faith fully, according to law. So help me God." pio^^ if **^ '''' declaration shall be adminis-^ered in Upper Canada by any one such justice, and in Lower Canada, by any such judge, clerk or inspector and superintendent of police; And every constable so appointed, and having taken such oath o/«f«^r'i; If r*.r ^^ ^^^'"'^^*^' «^^" ^^^^^ f^» power to act as a co^nstable for the preservation of the peace ancf for the Si^ of persons and property against felonies and other un- ufitrT' """"r'^ ^f^u^' ^"^ ^" ^^y «f <^he works belong- ing thereto, and on and about any trains, roads and wharves, quays iMidmg places warehouses, lands iud premises belonging to such Company whether the same be in the county, city, Ts? net or other local jurisdiction within which he was appointed, ShZ'l ?^'''-*^r^^ T^''^ such railroad pi or in which the same terminates, or through or to which any Railway passes, which may be worked orleasedby such Railway Compan^ and m all places not more than one quarter of a mUe distant fromsiichRailway or Railways; and sLl have all such powm protections and privileges for the apprehending of offenders as' wdlby nightasbyday,and for doin'g'all thing? for the pre ve^ ^on discoveiy and prosecution of felonies and other offences, and 101 keeping the peace, which any constable duly appoinced has clthklTf''^"^^^ ^"^ ^'^^^" belawLTiTnysuch 2t^l to^take such persons as may be punishable b/ sum- mary conviction for any offence against the provisions of this Act, or of any of the Acts or by-laws affecting any such Railwav -xure any justice or^ustices appointed for any county, city,' district • I f the peace 3 inspection, Council may le Govenior any neglect oe liable, on y, district or y pass, to a int of which ich offender, the Railway hard labour, county, city, ,ny constable luty, or who ill, for every 4rr\ n rvOTiahV' of 1860. 71 Cap. 29. of not more than eighty dollars, or to imprisonment, with or without hard labour, for not more than two months in such i'itol as aforesaid, 6. Every person who shall bore, pierce, cut, open or other- PuniHUment of wise injure any cask, box, or package containing wine, spirits, S^'^ttii!^'^"*' or other linuojH, or any case, box, sack, wrapper, package or cmIcr or^ack- roll of goods, in, on or about any car, waggon, boat, vessel, ^^ °" *^'- warehouse, station-house, wharf, quay, or premises of or be- ^^^' longing to any such Railway Company with intent feloniously to steal, or otherwise unlawfully to obt .in or to injure the contents or any part thereof, or who shall unlawfully drink, or wilfully spill or allow to run to waste any such liquors or any part thereof, shall, for every such offence, be liable, on like summary conviction, to a penalty of not more than twenty dollars, over and abovn the value of the goods or liquors so taken and destroyed, or to imprisonment, with or without hard labour, for not more than one month, in such gaol as aforesaid. 7. For any offence against the provisions of this Act, punish- Proceeding able by summary conviction, it shall bo lawful to proceed against any against the offender, either in the manner provided by this oon Stat Act, or according to the provisions of the Act, respe( ing the Cankda, cap. duties of Justices of the.Peacte out of Sessions, in relation to ^'^•'• summary convictions and orders, forming the one hundred and third chapter of the Consolidated Statutes of Canada, in re- ' gard to any acts and offences in such Act mentioned ; and it shall be lawful to use, pursue, and adopt any or all of the forms, directions, modes of procedure, remedies and proceedings (as well in regard to witnesses and parties as others), men- tioned or provided in such Act in all complaints, prosecutions, convictions, levies and proceedings for offences against this Act. * 8. In all cases of complaint by summary proceeding before Appeal in such a Justice of the Peace in Upper Canada, against any petsc^n'^^^^'- for a violation of any of the provisions of this Act, all deci- sions, convictions and orders made by such Justice shall be subject to appeal in the manner and under the provisions pre- scribed in the Act " Ees ecting appeals in cases of summary Con. Stat. convictions," forming th. one hundredth and fourteenth chapter ^^^^'^' cap. of the Consolidated Statutes for Upper Canada. ». Whenever any level crossing on any Railway shall be Railway may out of repair, the warden, mayor, reeve, or other chief officer ^® reqtured to of the municipality having jurisdiction over the Railway so ffl cSig crossed, may serve a notice upon the Company in the usual »"* "f impair, manner, requiring the repair to be forthwith made ; and if the Company shall not forthwith make the same, such officer may transmit a copy of the notice so served to the Insnector of Railways ; Cap. 29 71 23 Vic. Railways ; and thereupon it shall be the duty of said Inspec- tor, with all possible dispatch, to appoint a uay when he will examine into the matter ; and he snail by mail give notice to such warden, mayor or reeve, and to the Company of the day he shall so fix ; and upon the day so named he shall examine Innjector'B 8uch crossing ; and any certificate under his hand shall be bewndusive. ^"^^ °" ^^^*^ subject so in dispute between the parties ; and if the said Inspector shall determine that any repairs are re- quired, he shall specify the nature thereof in his said certifi- cate, and direct the Company to make the same ; and the Company shall thereupon, with all possible dispatch, comply with the requirements of such certificate ; and in case of de- fault, the municipality within whose jurisdicti(m the said crossing 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 Proviso. paid to the Company's use : Provided always, that neither this section nor any proceeding had thereundtn- shall at all affect any liability otnerwise attaching to such Company in the premises. Provision w? en the 10. Whenever any judge of a county court in Upper Canada county judge i^ interested in lands taken or required within the county in is interested in which he is such judge, by any Railway Company, for Railway for any rair purposes, any judge, of any of the superior courts at Toronto, way. shall, on application of such Company, exercise in such case all the powers given to such judge of a county court by the eleventh section of the Railway Act, in cases in which he, such judge of a county court, is not interested. Extent of Act. II. The provisions of this Act shall apply to every Railway made or to be made in this Province. Short title. 19. This Act shall be cited as " The Railway Act Amend- ment Act of 1860." 23 Vic. d Inspec- n he will notice to ' the day examine tihall be 3 ; and if w are re- ,id certifi- and the 1, comply lae of de- the Haid ecover all Q against as money it naither lall at all mpany in er Canada county in r Railway t Toronto, 3h case all rt by the h he, such y Railway :t Amend- 1860. 78 Cap. 17. 24 VICTORIA, CHAP. XVII. An Act to explain and amend the Railway Act (22 Vic. chap. 66, 1869.) (Assenled to im May, 1861.) W^n?ietln''nf *'iT ?"^«,^'"?? «« to whether rectors in P-ambie. 1 Vi P^'*"^^«^on of ^lebe lands in Upper Canada ecclesiasti oal and other corporatrons,trustees of land for chTch and schod Z^lZ^^ir^'''^' appointed by willsTn whth tey ^rVi ^ • . Y ^ T^ P^"^®'' '^v^^' *^^e real estate of the tes ahsdzeZftlr^^^^^ P'"^"^ dying intestate, but at thdr .. 22 r.. H.am seizeoot real estate^ are authorized by the eleventh hpp- "'p- *«5. «f.ii. tionof the Railway Act to sell or dispose of^ any Slands to Tr^lk ^a7 . ^l^eveaM it is desirable to remove such doubts, and to amend the said Railway Act in the particulars hereinafter set forth : Therefore Her Majesty. byTnrwHh the Sat^ntrrf^i?::^ inbefore mentioned, with resoeot i^ t}n« lor,,!, i P'liwes nere- railway com- .eferred to should and shSTxettd ^"7 mentn^ed "- -& i^:tA:tZ^''''''f'r'''' ^^t^- eCrof'theT^dd^aMi: Zlh7 ^"-^"^'^^ ^««.Pect to any such lands actually required for the use and occupation of any Railway Company -and anv conveyance made underthe said fii^t sub-sectfon sLu restT hel^i''-? ^rr"//eceiving the same, the fee simp e n the lands in such deed described, freed and d scharged from ^ trusts, restrictions and limitations whatsoever ^ im^t^ valid. * Z''L "i^^^^^^^t^^j^ai^ !ay Act s^ « . . contained as 'i^^^HZi^ZZZS^Z^JZ S tl' ". Sip" apply to all the parties and ands in this Act and in (hi «ij tKi. :? ^'''T?''""' "f any purehase-monev for lands Cap. 17. 74 '24. Vic. rrovisioiw 3 Whenever any county judge shall be or is interested in hfe iH^inSr- lands taken or required within the county in which he is such fBt^d. judge, by any Railway Company, for railway purposes, aiw judge of any of the Huperior courts in Upper or Lower Canada shall, on application of such Company, exercise in such case all the powers of the county court judge given to him by the said eleventh section of the said Act, in cases in which he.the county judge, is not interested. Geiioitti itaii 4 The one hundred and thirty-iirst section of the Railway ?2*^ic!'oap. ^^^ '^ ^^'■'^^y "-"i^"^*^*^ ^'y nM'mg thereto the folowing pro- fifi, sec. 1.31, viso: — Hineiuled. Railway com- panies muBt affonl eacli oth«r every facility f<' the fonvardin^j; of traffic, without prefert'uco or favour. Agreements made in con- travention of this Act to be void. Penalty on companies or their officers refusing or neglecting to forward traffic as alxive re- quired. Provided always, that every Railway Company shall, accord inc to their respective powers, afford all reasonable facilities to any other Railwa yCompany for the receiving and forwarding and delivering of traffic upon and from the several Railways belonging to or worked by such Companieo respectively, and for thereturnofcarriagCH, trucks and other vehicles ; and no such Company shall give or continue any preference or advantage to or in favour of any particular Company or any particular de- scription of tvaftic,'in any respect whatsoever, nor shall anj' Huch Company subject any jiarticular Company or any particular description of traffic to any prejudice or disadvantage in any re- spect whatsoever. Ami" every Railway Company having or working 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 of the one near any terminus, station or wharf of the other, shall afford all due and reasonable facili- ties for reciving and forwarding, by the one of such Railways, all the traffic arriving by the other, without any unreasonable delay, and without any such preference or advantsige or pre- judice or disadvantage as aforesaid, and so that no obstruction may be offered in the using of such Railway as a continuous line of communication, and so that all reasonable accommoda- tion may, at all times, by the means aforesaid, be mutually afforded by and to the said several Railway Companies ; and any agreement between any two or more Railway Companies contrary to the foregoing provisions, made after the pjussing ol this Act, shall be unlawful, null and void. S. If any officer, servant, or agent of any Railway Company, having thesuperintendence of the traffic at any station or depot thereof, refuses or neglects to receive, convey or deliver at any Btati(m or depot of the Company for which they may be des- tined, any passenger, goods or things, brought, conveyed oi' delivered to him or to such Company, for conveyance over or alon^T their Railway from that of any other Company, intersect - inff with or coming near to such first-mentioned Railway, orm anv wav Wlliuuy contravuacs uiu piuviaivun Oi i.s^ ».v j-- •' -' •' ceding w '24. Vie. vested in p is such jses, any r Canada li case all r the said le county Railway wing pvo- ,11, accord jilities to nwarding E-aiiways y, and for \ no such 'antage to bicular de- shall an}' particular in any rn- having or )us line of ch has any us, station ible facili- Railways, reasonable Tc or pre- ibstruction continuous !coramoda- I mutually mies; and Companies passing of Company, )n or depot iver at any ia.y be des- inveyed oi" nee over or r, intersect - Iway, or in ceding 1861. 76 Cap. 2. ceding section, such first-mentioned Railway Company, or such oHicer, servant, or agent, jiersonally, shall, for each such neglect or retusal, mcui a penalty not exceeding fifty dollara over and above the actual damages sustained ; which penalty may bo How recover- recovered v ith costs, m a summary way, before any justice of aWe, and how the peace, by the Railway Company or any other party ag- *« ^e ap,.liad. grieved by such neglect or refusal, and to and for the use and Oenetit of sucli ( omjjany, or other party so aggrieved. 6. woi-d " traffic " includes not only passengers ana wieir oaggage, goods, animals and things conveyed by Railway, but also cars, trucks and vehicles of any description adapted for running 1 T°' tlie purposes of the two next preceding sections, the intorprotati..ii I'd traffic includes not only passengers and their baggage, '^irmf"- ds, animals and things conveyed by Railway, but also cars, -cks and vehicles of any description adapted for running over any Railway ;--the word "Railway" includes all stations ..,.,i,wav" and depots of the Railway ;--the exnresHi(m "Railway Coin- " railway com- imny includes all parties OAvning, leasing or working any Pft"y'"*<- liiiilway ;— and a Railway sliall be deemed to come near an- other when some part of the one is within one mile of some l)art of the other. 7. This Act shall form part of the Railway Act, and shall be Thin Act to construed as api)lying to any Railway Company incorporated fcrn™?^ or to be hereafter incorporated, to which the provisions of the RaifwarAct. said Railway Act apply, and shall have eflfect accordingly. ^2 Vic, cap. 8. The interest of the purchase-money or re.jt of any real property acquired or leased by any Railway Comi^any, and necessary to the efticient working of such Railway, and the price or purchase-money of any real property or thing without winch the railway could not be efliciently worked, shall be considered to be part of the expenses of working such railway; and shall be paid as such out of the earnings of the Railway ' Interest of purchaHe money or rent of property neccHsary for working a rail- way to be deemed part of its wovkinf.': exi>onfti8. 34 VICTOKIA, CHAP. II. An Act in aid of Railways. [Assented to i.5th February, 1871.] TIfHEREAS it is expedient to give aid towards the con- j'reambie T ? struction of railways leading to or through sections of the countrv remote fronn oYiafinr.' fl,r»ir.i.rrl>Pnr".. « ....;-_ it--, v 5 !**••• 1 --^f ""6 rnre:- thinly Jf$f Cap. 2, 76 34 Vic. thinly settled tracts, or leading to the Free Grant Territory, or to the inland waters ; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Pi'ovince of Ontario, enacts as follows : — "KaUway 1. For the purposes aforesaid the sum of one million five from Con™^'* hundred thousand dollars shall be set apart from and out of soUdated Re- the Consolidated Revenue Fund of this Province, and form a venue Fund, ^-^j^^j ^^ ^ designated and known as the " Railway Fund." a. From and out of the said Railway Fund the Lieutenant- Governor in Council may, by order in Council, authorize pay- ments to be made from time to time to any incorporated rail- way company of a sum or sums of not less than two thousand dollars per mile nor more than four thousand dollars per mile of any portion or portions of such railway, and that any of such payments may be made after the Commissioner of Agriculture and Public Works shall have reported, for the information of the Lieutenant-Governor in Council, that such company has completed such portion of its road in respect of which payment is to be made, including sidings and stations, within the period for completion of the road named in the Act or Acts relating thereto ; Provided, that no payment shall be made under any such authority till the said Commissioner shall have reported as aforesaid. Lieutenant- G-overnor in Council may grant aid to certain rail- ways. Proviso. Proof to be 3. No such authority shall be given in respect of any ^Tiished by portion of a railway for the construction of which portion a ra^way as ing ^^j^^^^^ y^^ y^^^^ entered into prior to the seventh day of December, in the year of our Lord one thousand eight hundred aAd seventy, nor until the company desirous of obtaining aid and payment out of the said Railway Fund, shall have furnished proof, to the satisfaction of the Lieutenant-Governor in Council, that the honajide subscribed capital of the company, together with any bonuses or loans by municipal corporations thereto, and the proceeds of bonds to be issued or authorized by the Act incorporating the company or any Act amending the same, leaves no reasonable doubt that such road, or portion or por-' tions thereof in respect of which payment is to be made; shall be commenced and completed, including sidings and station houses, so as to be ready for the rolling stock within the period mentioned in such Act or Acts for completion of the railway ; and that any such Act or Acts authorizes the con- struction of a railway as referred to in the preamble of this Act. 1870-71 77 Cap. 24 CAP. XXIV. An Act to make further Provision in Aid of Railways. [Assented to 2nd March, 1872. J VI7HEREAS the Legislature having established a scheme Preamble ^h«f fhp i^S- ?^ f *^' construction of railways, it is right that the public funds, appropriated for that purpose, should be adequate to the granting of aid to all proper enterprises, s^ • far as that can be accomplished consistently with the retention of Ztl rP°['^^°^«f *^e l?'^Wi« fu^ds as may be requisite to do justice to all sections of the country and to an extent not greater than is provided by this Act, and whfc- . . it is there- fore expedient to make further provision in aid oi .tailways : ' Therefore Her Majesty, by and with the advice and consent as foUows?!- ^^^^"^^^y of the Province of Ontario enacts 1. The sum of Four Hundred Thousand Dollars shall be set Railway fund apart from and out of the Consolidated Revenua Fund of this^wted i^rovmce, and shall be added to and form part of the fund de- signated and known as the Railway Fund, established under the Act m Aid of Railways. 3. The sum of One Hundred Thousand doUars yearly, for Railway sub twenty years, shaU be set apart from and out of the Consoli- «idy fuuT^ dated Revenue Fund of this Province, and shall form a Fund "^"'^l'*"' to be designated and known as the Railway Subsidy Fund. 3. The provisions of the Act in Aid of Railways, and of any Act in aid of Act amending the same, shall, save in so far as they may be -^Kyst"' mconsistent with the provisions of this Act, apply to the ^''^'^ sSy Fund^"*^ ^^^"'"* ""^ ^""^ ^'^""^ ''''^ ^^ the Railway the*Rli'l^„?Q u- ?^ F^^'M n ^°3'\^iiw'^y Company out of Gra„t« out of the Railway Subsidy Fund shall not be less than one hundred ^»"^- and twenty dollars, or more than two hundred and forty dol- lars per mile per annum for twenty years on the portion aided. 5 Scrip or certificates may be issued in respect of any Scrip, grant out of the Railway Subsidy Fund after payment thereof Hii* been duly authorized, and the Commissioner of Agriculture and ts» Cap. 25. 78 35 Vic. \ \ '/ / m ( ■ m i , ■! fe 1* 1 1 1 1 H^Btt^' 1 ■ and Public Works ha.s duly reported as provided by the Act in Aid of Railways. ^ Railways not No railway company of whose line any portion is aided M*fuidl'~"' from the Railway Fund, shall be entitled to aid from the Rail- way Subsidy Fund in respect of such portion. Railway com- ^ No railway company which does not come within the JT^^thPoT" terms and provisions, and comply with the conditions of the ^itioC ■ Act in Aid of Railways, and any Act amending the same, shall be entitled to aid from the Railway Subsidy Fund. WhenlUU- 8 No portion of the Railway Subsidy Fund, provided by S'staSot this Act, shall be applied in aid of Railways until such time as be appUed Orders in Council shall have been passed exhausting the whole to aid. ^f ^j^g Railway Fund appropriated by this Act, and the Act passed in the thirty-fourth year of the reign of Her Majesty Queen Victoria, and chaptered two. Preamble. Proceeding when more space is re- quired for the skccommoda- tion of th« traffic at any CAP. XXV. An Act to enable certain Kailway Companies to pro- vide the necessary accommodations for traffic over their Railways and to amend the Railway Act of the late Province of Canada. [Assented to 2nd March, 1872]. 1 T7 HEREAS it may happen that a railway company may VV require at certain stations or places, more ample space for the proper accommodation of their traffic and of the public, than they now possess, or than they can take and acquire under the Act or Acts incorporating or applying to such company; and it is necessary in the public interest that the most ample accom- modation should be furnished for such traffic : And whereas it is also expedient to make certain amendments to The Railway Act of the late Province of Canada : Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — I. Whenever any railway company subject to the Legis- lative authority of the Legislative Assembly of the Province of Ontario, requires at any station or place on the line of such railway, more ample space for the convenient accommodation of the public and of the traffic on the railway than they then 35 Vic. le Act in is aided bhe Rail- ithin the IS of the ,me, shall vided by h time as bhe whole the Act r Majesty 1871-72. 79 Cap. 26. ; to pro- file over y Act of pauy may iiple space bhe public, uire under pany; and pie accom- whereas it le Railway id consent irio, enacts the Legis- Province of ne of such mmodation they then hTreof tL ol ' ^'^^""^ ^^' ^""^«"*^ «* ^^« proprieto>-8 station thereot, the company may cause a plan to be made of the p'"*'«- additional ground required at such station or place for the purposes aforesaid, not being in actual use for similav mrnoses by any other railway company, (and for the purpose of mTS such p an shall have the powersVanted to kiW coCanTef for making surveys by the ninth section of The R^ilCTctT tnd Putli'TY ''''Y''' '' '^' Commissioner ofl^^JSe ZZ Iv f ."i!"^'' "^'^^ ''' application (supported by affidavit) on beha f of the company, referring to such plan, and statlni that certain ga-ound shown thereon is necessary fo; the purpose! aforesaid, and that no other ground suitable^ for the^puTpose can be acquired at such place on reasonable terms and .dth less injury to private, rights, and requesting the CommSsW to authorize the taking thereof for such purposes under this Act of which application ten days' notice"^ shaU be given to tt Z'an'd" tC^T ''V^'' P^^^^^' ^^^ *'- corre^ctness of h^ i 1 nii^? V, ^^ ^' allegations in such application shall be ceitified by the president or one of the directors of the com puny, and by their engineer ; and such plan and statement Si be made and transmitted to the Commissioner in dupT^cate in.fuirrint?trcml?.f "^ ^f f" ^<^T ""'^ ^"^^^*^ ^'^^^^^ '^^^^ ^^^'^-te "^ 2;;ion?ofthT^;t^^^^^^^^ tW, shall grant /c^fieate t/laTelct and'SfcC^^^^^ wiK? to be necessary m the public interest, that the ground shewn '^"'■^• on such plan or any less quantity, should be ac^uS d by the company ; and such certificate shall be annexed to one o^ iht duplicates of the said plan and statement, and tiie other dup ! cate shall remam in the office of the Commissioner. ' ^ ii. Upon the granting of such certificate as aforesaid by the Commissioner of Public Works, and by virtue thereof the com! pany shall have power to take the ground shewn on the saTd plan as required for the purposes aforesaid, without the consent parties who could not ...ierwise convey the same to the nnm- pany shall have, with respect to any such ground al the powers granted by the eleventh section of The Railway Act of theTate Province of Canada, headed « lands and their vXation " to railway companies, corporations, and parties who could not otherwise convey the same, with respect to lands wWchmav be taken without the con..>a., T the proprietoi-s thteof • and ^ referl^tT'' """^ PT"'"^' ' '^' ^-^ section, except'such a. refei to the map or plan ov ,,ook of reference therein men- tioned, or as limit the extent of land to be taken, sM aS lerHf'tl '^''^^'^!^^ <^he ground mentioned in L ^s^ d u^t% '.?^' Comnassioner of Agriculture and Public Works ar . to all the proceedings connected with or consequent upon "the Effect of such certificate, and application of ct -tain provi- sions of The Railway Act to the land certified as necessary. m Cap. 25. 80 35 Vic. the «w3quiring or taking of such ground Of any Part /^f «^[' s>i. of lana with or w. thout the coment of the proprietors ; and if at any fi^niSnot JCne thereafter the company shall not require the whole or afterwards re- ^__- ,.^ . ., . „j acouired under this Act for railway quired. Proof of certi- ficate. time thereatier tne i^uiu^mny o.i«." ^^^ -~^ - - „^^„- any portion of the land acquired under this Act for railwa, purposes, then such land as is not so required shall be sold by Sction after thirty days' notice thereof in any local news- paper. 4 Any such certificate as aforesaid, purporting to be signed by the said Commissioner, shall be received a« authentic m all courts of law or equity, without proof of such signature or other ev^ence, unless its autl.enticity be called in question on behalf of the Crown. Arbitrators to 5. The arbitrators mentioned in the ^l^^i;^^ f'^^^^J^^^^^^^^ ^^l consider in- -Roil ^av Act of the late Province of Canada, headed lands and ^fr^ilT their valuation." in dee' ding on such v-iue or ^ensaUon^^^^^ lands. authorized and required to take mto consideration the increas ed value uiat would be given to any lands or grounds through or over which the railway will pass by reason of the passage of the railway hrough or over the same, or by reason of the con- struction o^f the ^ ill way, and to set off the increased value that will attach to the ..aid lands or grounds, against> the mconveni- en e, loss or. damage that might be suffered or sustamed by reason of the company taking possession of or using the said lands or grounds as aforesaid. To what rail- 6. The provisions of this Act shall apply to every railway 3E"ayT this Act ,,^ heretofore, or which may be hereafter mcorporatsd. *PP''''- under the authority of the Legislative Assembly of the Pro- vince of Ontario. 5 Vic. hereof, at any lole or •ailway old by news- : signed c in all )r other I behalf of The nds and ;ion, are increas- through ,ssage of the con- lue that jonveni- ined by the said railway rporatsd, the Pro- An W way in th Falls may tario Raih struc couni by at and J 1. Willi Stant berto Arthi such I shall, theC daine politi Comf Act, 1 there( Act, "Pow •" Hig ings," Trans demn "Wor be im the sa as the [81 ] 20 VICTORIA CAP. CLI. An Act to incorporate the Fort Erie Railway Company. [Assessed to 10th June, 1857.]' WHEREAS certain persons have petitioped that an Act Preamble, may be passed authorizing the construction of a Rail- way from the Vilhige of Fo^t Erie, in the Township of Bertie m the County of Welland, to the Suspension Bridge below the Falls and to Port Robinson, branching off at any point which may be most convenient to connect with the " Erie' and On- tario Railway," and with the " Port Dalhousie and Thorold Railway," m the same county ; and whereas a Railway so con- structed would tend to the improvement of the section of country through which it would pass ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada enacts as folljws : .ir!,"- ^^'^"canMacforland, James Cummings, Alexander Douglas, Certain peiu William A. Ihomson, Nelson Forsyth, George Hardison James s"i8 incorpor- Stanton, William Wallace, Leonard M. Mathews, Daniel Lam- ''*"*" berton, John W. Lewis, Richard Graham, John Frazer, M.P.P., Arthur Johnson and William Russell, Esquires, together with •such other person or persons, corporations or municipalities, as shall, under the provisions of this Act, become shareholders in the Company hereby incorporated, shall be and are hereby or- dained, constituted and declared to be a body corporate and politic, by and under the name of the Fort Erie Railway Corporate (company. name. a. The several clauses of the Railway Clauses Consolidation Certain clauses Act, with respect to the hrit, second, third and fourth clauses of W& 15 Vict, thereof, and also the several clauses of the said last mentioned ritedSX, Act, with respect to "Interpretation," " Incorporation," Act ""^^ **"' ' Powers, " Plans and Surveys," " Lands and their Valuation " • Highways and Bridges," "Fences," "Tolls," "General Meet- ings, " Directors, their Election and Duties," " Shares and their Transfer, "Municipalities," "Shareholders," "Actions for In- demnity and Fines and Penalties and their prosecution" 'Working of the Railway," and "General Provisions," shall be incorporated with this Act, and shall accordingly apply to the said Company and the said Railway, except only in so far as they may be inconsistent with the express enactments hereof ; ^ and f^E^l ». .. r t 'I «,*i. Cap. 161. 82 20 Vic Proviflo. and the expression " this Act," when used herein, shall be understood to include the provisionn of the Railway ClauHos Consolidation Act, which ai'o incorporated with this Act as aforesaid. Line of Bail- 3. The said Company and their servants and agents shall have waydcsirilxjd. po^er by virtue of this Act to lay out, construct and complete a Railway between Fori Erie in the County uf Wei land, and the Village of Chippewa in the same county, witl\ a branch from some point on the said road near the great bend of the Niagara River, in the Township of Willougliby, to Port liobin- son in the said county, witli fuil power lu pass over any portion of the intermediate country and to make such connections with the Erie and Ontario Railway and the Port Dalliousie and Thor- old Railway, as provided for by the ninth section of the Rail- way Clauses Consolidation Act ; Provide*^ always, that the said Company shall be and are hereby authoriz' 4 tolen-ie, purchase or otherwise acciuire from the Erie and Out;! no Railroad Company, such portion of the track and property of the Company last mentioned, as lies between their depot in the Town of Clifton, and the terminus of their Railroad in the Village of Chippewa. Form of deeds 4. Deeds or Conveyances under this Act, for the lands to !'<> conveying conveyed to the said Com})atiy for the [lurposes of this Act, ^^*' shall and may as ftir as the titl'> to the said lands, or the cir- cumstances of the parties who .shall make such conveyances will admit, be made in the form given in the Schedule to this Act marked A. and all Registrar:; are hereby required to regis- ter in their registry books such deeds, on the production thereof and proof of execution, without any memorial, and to minute every such entry on the deed ; the said Company are to pay the Registrar for so doing the sum of two shillings ami six pence currency, and no more. 5, From and after the passing of this Act, the said Duncan Macfarland. James Cumniings, Alexander Douglas, William A. Thomson, Nelson Forsyth, George Hardison, James Stanton, William Wallnce, Leonard M. Mathews, Daniel Lamberton, John W. Lewis, Richard Graham, John Frazer.M. P. P. Arthur Johnson, William Russell, Esquires, and the Honorable W. H. Merritt, M. P. P., shall be Provisional Directors of the said Company for carrying into effect the object and purposes of this Act. 6. It shall and may be la^vful for the Provisional Directors, for the time being, of the said Company, or a majority of them to supply the place or places of any o " their number froni time to time dying or declining to act as such Provisional Director or Directors, out of the several subscribers for stock in their said Railway, to the amount of at least two hundred pounds currency ProvisioTial Director. Vacancies xunong them how to be fiUed. 1857. 83 Cap. 151. FirHt genoral meeting of shareholders. I'roviso. rights, privileges and inde.niities an tTr^v ^1 ill ^""T"^' hero! m ide subieot nnfn l\! vl' . • ^ '^"•^" ^^ ^^'^ ^re respective;^ '" ^'^' ^^'^"^"^ '"^««^«^» ^'^h or subject unto fift^EurrpoTn T>rvin"T'*"" -mount equivalent to tho;.onshalUrCt.ld!:^^r^^ moetingofthotu^cribrSr '■ h^ ^" -" <•' venient b/ the said Pro';isi naT%)i'eeto;^"Lr T^' "^■ pose of el.'cting Dire^-tors of tho ^..i 1 P ' ^ J'"^- always, that if the sail Prnv^.^ ^' id Company ; Provided or omi to call such meeting I fi ^''"'^'''' '^'''^^ "^g'^^t any five of tZL^o^'lt^:^^'^^^^ ^I'^V^^ not less than two hundred and fiftvni "^'''''^ ''"^'''"S eurrenoy: And ProviZ In wnv=fi ^ •' """• '1^' each, provincial tice of the time and phcoJbn?^'-^ "' ''^!''' ''"'" l^"blic no- given durin<. one month in .1 "'^' '"''' '"'^"^'^^^ '^'^^^ ^e The said Coun?rorWelS Tnd'.r T'^'^'''] P"'^"^^^-» ^^ shareholders alsemlld whh si?ni '" ' =''''?' ^'^^^^"g <^he shall choose nine^.eiTo t bLS^'oV f'^^"'^^^"^' being each a proprietor of share in the ti J r'" 'T'"^ *unounb of not lesl than two humhed md^^fv "^'f^' ^'' -'^^ not inconsisS:,;^rttl r ^Sf^iHlflf ""f^- per cent, shall not be withdrawn frrsul Bank o .T ' apphed except for the purposes of s, b PoJi otherwise d..so,utf„„„f the Co„,pla„/Lmlrcau^t"S„:;:r '"^ mllof ™"atriaf,^™ir- "T "PPT'^^ '" "'«' ^t^"' Ann,,.. K,o„. Wednesday in InetS year he'reXr' ' ™' °" f" «-' ™'"'" •lay as may be appointed hv anv Bv riirec- tora Proviso. ^''otice how to be giv«n. Election of Directors. By-laws, Proviso. vice O IMAGE EVALUATION TEST TARGET (MT-3) & A % 1.0 I.I 2.5 2.2 1.8 11.25 11.4 III1II.6 % '<^. 7 ^3 Photographic Sciences CorporatioR 23 WBST MAIN STRBET WEBSTSR,N.Y. 14580 (716) 873-4503 & Cap. 151. 84 20 Vic. ! tors in the' room of those whose period of office shall have ex- i)ired, and, generally, to transact the business of the Company ; >ut if at any time it should appear to any ten or more of such shareholders, holding together the amount of five thousand Special fe'en- pounds, provincial currency, of sh?ires at the least, that a special ho*^ Skd &T general meeting of the shareholders is necessary to be held, it ' ' shall and may be lawful for such ten or more of them to cause fifteen days' notice at least to be given thereof in such news- paper as is hereinbefore provided, or in such manner as the Company shall by any By-law direct or appoint, specifying in such notice the time and place and the reason and intention of such special m dieting respectively: and the shareholders are hereby authorized to meet pursuant to such notice, and proceed to the execution of the powers of this Act given to them, with respect to the matter so specified only, and all such acts of the shareholders, or the majority of them, at such special meeting assembled, such majority not having, either as principals or proxies, less than one hundred shares, shall be as valid to all intents and purposes as if the same were done at an annual meeting. Capital Stock. 9. For the purpose of making, constructing and maintaining h^'"*"'^ h *^® Railway and other works necessary for the proper use and riS^d. ^ enjoyment of the Railway by this Act authorized to be con- structed, it shall and may be lawful for the Directors of the said Company for the time being, to raise in such manner by loan, subscription of stock, issuing of shares or otherwise as to the Directors of the said Company for the time being shall in Bhares of from time to time seem fit, the sum of one hundred and twenty £25 each. ^^g thousand pounds provincial currency, such shares to be issued in sums of twenty-five pounds provincial currency each : Proviso : Capi- Provided always that the said capital sum may if necessary be tal may be ia- increased from time to time in the manner provided by those hoiv. clauses of the Railway Clauses Consolidation Act, which in and by the second section of this Act are expressed to be incorpo- rated with this Act. Directors em- 10. It shall and may be lawful for the Directors for the time powered^ to being of the said Company to make, execute and deliver all such scrip and share certificates, and all such bonds, debentures, mortgages or other securities as to the said Directors for the time being shall from time to time seem most expedient for raising the necessary capital for the time being authorized to be raised by the said Company or for raising any part thereof. 11. Every holder of shares in the said Company shall be " entitled on every occasion when the votes of the said Fort Eiie Railway Company are to be given, to one vote for every share of twenty-five pounds currency which he holds. 19. issue scnp. One vote for each share 1857. 86 Cap. 161. 19. All K^ds, debentures and other securities to be executed Debentures by the said Railway Company may be payable to bearer (and * ™i°?*? ^ Z^lt^'^^^^^f^'^^'^^^g^oneyUnd all such bonds. Tel^e^^ *^ debentures and other securities of the said Company, and al dividends, interest, and warrants thereof respectively, which shall purport to be pavable to bearer, shall be isignable at law by dehveiy, and may be sued on and enforced by tlie resnertive names' '"''""'" *^'^'^''*" ^'''" *^^ *'™' ^^^"^' ^^ '^^^^ «^ i». Calls may be made by the Directors of the said Com- ^"^ ^"^ pany for the time being, provided that no call to be made unon T^^t'Sfnne the subscribers for stock in the said Railway Company S^r*''*'^"" ?r •v.*^//"'^u^^..*'\P°"^'^« per centum upon the amount subscribed for by the shareholders in the said Company • Pro- Pm • v^ed also, that upon the occasion of any person or cT/o'ration "" becoming a subscriber for stock in the said Company, it shall and may be lawful for the Provisional or other Directors of the and fSTlfr^ % fu^ *^T >^"^' ^'^ ^^"^^"^ ^"•i receive to and for the use of the said Company, the sum of ten pounds per centum upon the amount so by such person or corporation respectively subscribed, and the au.ount of such callsls sha^ have already been made payable in respect of the stock then • already subscribed at the time of such person or corporation respectively subscribing for stock. H"'»"on fn Ito'^''^ ^^f^ff iv may be necessary for the said Company Company may to possess gravel pits and lands containing deposits of gravel as P"'«^'«« " ^ 7lr.^n^l^r^t:'^l"^^ '%'' purposes, at coSven^'ent st«f «' places along their line of Railway, for constructing and keen- ing m repair, and for carrying on the business of the said Rail- way, and as such gravel pits or deposits cannot at all times be procured without buying the whole lot of land wherever such deposite may be found: It is therefore enacted, that it shall be lawful for the said Company, and they are hereby author- ized from time to time to purchase, have, hold. take, receive use and enjoy along the line of the said Railway or separated therefrom, and if separated therefrom, then with the necessary whlbl Si r^'^'i?''^ iT^'' *«^«""e«t« ^^d hereditament which It shall please Her Majesty or any person or persons or bodies politic to give, grant, sell or convey unto and to the use «nHT"\ n 7 ^® said Company, their successors and assigns, and it shall «nd may be lawful for the said Company to esteb- hsh stations or workshops on any such lots or blocks of land intJlTu"^^ '"^ *'n' ^y ^"'^ ^^ ^^'S^'"" ^""^ «^le or otherwise to grant, bargain, se 1 or convey any portion of such lands not ZT7r" ^' "'^T^ ^"'" r^"^ P^^' «^^i"g«' branches, wood yards station ground or workshops, or for effectually repairing maintaining and using to the greatest advantage the said Rail- way and other works connected therewith. / Iff. P5*i*' i' ^ Cap. 161, 80 20 Vic •Commenw- IS. The said Railway shall be commenced within three Setk)n°or"° years and completed within seven years after the passing of Railway. this Act. Company to 16. The 3aid Company hereby incorporated, and their ser- hoid mer^' *" vants and agents, shall have full power under and by virtue of frontage &c. this Act to purchase and hold such river frontage as may be ,. required for their Railway oij the Niagara River, and to build wharves or docks thereon, also to construct, build or purchase and hold such steam or other ferry boats as they may require to enable them to convey |)assengers and freight across the said Niagara river to such point or points on the American shore or the said river Niagara as may be requisite for the purposes of the said Railway, and as may be necessary to en- able them to connect with the various Railways running through the State of New York, and they shall have power to dispose of the same if so inclined, or to charter any other steam or other vessel not being their own pioperty to pertbrm this service. Company to 17. The said Company are hereby empowered to unite with ^*Te wiThce^- ^^y ^ther Railway Company whose Railway intersects that of tain other the Said Company or touches a place which their Railway also Railway Com- touches, and to such union the provisions of the Acts passed in the sixteenth year of Her Majesty's reign, and chaptered re- spectively thirty -nine and seventy -six, shall extend and apply. panies. Quorum of Directors, Proviso. 1 8. The number of Directors which shall form a quorum for the transaction of business may be regulated by the By-laws of the Company ; and until such By-law shall be passed, a majority of the Directors shall form such quorum : Provided that the Directors may employ one of their nur^ber as a paid Director. lend, for the transfer of shares, &c, Directors may 10. The Board of Directoro of the said Company may ap- openan point an agent or agents in the City of London, in England, don, in Eng- with powcr to op^n and keep books of transfer for the shares of the said Company, and for the issue of scrip and stock certificates ; and upon the establish] nent of such agency, shares may be transferred from tlie Canada office to the London office in the names of the transferees, in the same manner as shares may be transferred in the former office, and vice versa : and shares hereinafter taken and mbscribed for in Great Britain may be entered upon the books of the London office, and scrip, certificates be issued for them, and the same shall be as bind- ing on the Company as to all the rights of shareholders as though the scrip certificates had been issued by the Secretary of the Compaijy in Canada. 510. The Interpretation Act shall apply to this Act, and this Act shall be deemed a Public Act. SCHEDULE Fsblic Act. HI 1857. 87 SCHEDULE A. Cap. 32. Know all men by these presents that I (insert the name of the wife also, if she is to release her dower or for any other reason to join in the conveyance) do hereby in consideration of paid to me (or as the case may he) by the Fort Erie Railway Company, the receipt whereof is hereby acknowledged, grant, bargain, sell, convey and confirm unto the said Fort Erie Rail- way Company, their successors and assigns for ever, all that certain part or parcel of land situate, lying and being {describe the land) the same having been selected and laid out by the said Cv^mpany for the purposes of their Railway ; to have and to bold the said land and premises together with everything appertaining thereto, to the said Fort Erie Railway Company, their successors and assigns for ever {if tJiere he dower to be released, add) and I (name the wife) hereby; release my dower i» the premises. Witness my hand (or our hftnds^ and seal (or seals) this day of one thousixnd eight hundred and (L.S.) (L.S.) Signed, sealed and deliverd hi the presence of O.K. A.B. CD. >!j5f;! !)J fi 25 VICTORIA, CAR XXXII. An Act to enable the Town of Niagara to dispose of its interests, in the Erie and Ontario Railroad, and for other purposes. lA8He7,tedto9tlmJune, 1862.] WHEREAS the Corporation of the Town of Niagara Ins Preamble advanced large sums of money for the construction of the Erie and Ontorio Railroad ; and whereas such moneys were raised by the said Town on the credit of the Municipal Loan Fund, and such advances by the said Town were partly secured by the Company to the Town by first mortgages on the said road, upon which mortgages neither principal nor interest has Iteeii i>aid ; and whereas the said Town hfvs applied for authority to sell the said road, and it is expedient to authorise the sale of the legal and equitable interests of the said Town of Niagara in the said road a.s so applied for by the said Town ; There- fore |i;i HI ■■?^i( ,.iSr,,..-Mi^, Ca^*. 59. ■SH 27 Vii\ * I ',4l ' . fore, Her Majesty, by and with the advice and consent of the Legislative Cfouncil and Assembly of Canada, enacts as follows : Oorpoiation of |, The Corporation of the Town of Niagara shall be, and is fJa^^d ^n- liereby empowered, with the approval of the Governor in yey it« interest Council, to sell and convey all the right, title, franchises, privi- in the Railway, j^g^^^ ^^^^ interests, both at law and in equity, conveyed or veated, or intended to be conveyed or vested, to or in the said Town of Niagara, under the said mortgages, to any person or persons, body politic or corporate, and either at public or pri- vate sale, and oy any form of instrument under the corporate seal of the said Town, which shall clearly express the convey- ance. 5l. In case there should be a surplus of the purchase money over and above the amount due upon the mortgages held by the said Town of Niagara against the said Railroad Company, the same shall be a[)plied to the payment of other creditors of the Company accord'ng to their respective priorities. What rights 3. Nothing herein contained shall confer upon the Corpora- ve3ted*^hf the ^^^^ *^^ ^^^ Town t»f Niagara or on the said purchaser or pur- Oorporation or chasers any other or greater right, title or property in the inthepnrchas- ^jj^rves and works at Niagara than is now held by the said Corporation of the Town of Niagara or by the said Erie and Ontario Railroad Company, or confer or permit any rights on <:ilaini8 for iny portions of the Great Western Railway, nor shall affect any "*u be^ffe*^ unpaid claims against the Erio and Ontario Railroad Company, ed. in respect of rights of way, whether for temporary or perma- nent occupation ; which said last mentioned claims shall be a charge upon the said rights and property hereby authorized to be sold. If there be a flurpluH of puT' chase money. I Public Aoti '*• This Act shall be deemed a Public Act. THE ERIE AND NIAGARA RAILWAY COMPANY ACT OF 1863. " - « ilil Kul Preamble. •20 V.c. 151. '27 VICTORIA CAP. LIX. An Act to amend the Act incorporating the Fort Erie Railway Company, and to change the name of the said Company to the Erie and Niagara Railway Company. [Afsented to I5fli. Od.oher, 1803.] WHEREAS an Acr was passed in the twentieth year of Her Majesty's Reign intituled : " An Act to incoipor- ato the Fort Erie Railway Company, with pnwor to construct a lino .^ste 1863. 89 Cap. 59. line of Railway from Fort Erie to Chippewa," and whereaa Wil- liam A. Thomson, a Provisional Director of the said Company and the Corporation of the Town of Niagara have by their Petitions represented that it is desirable, in order to afford in- creased facilities to the carrying trade of the western section of the Province, that the said Company should be empowered to traiisport grain and other freight and passengers from Lake Erie to Lake Ontario, and for that purpose to purchase or lease the Erie and Ontario Railway now constructed from Chippewa to Niagara, with all the rights and powers thereto belonging,— and it is expedient to grant the prayer of the said Petitions : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts aa follows : 1. The name of the said Company shall be changed, and from change of and atter the passing of this Act it shall be called The Erie »»'"»«• and Niagara Railway Company, and in citing this Act it shall be sufficient to use the expression " The Erie and Niagara Rail- way Company Act of 1863 ;" and the expression " the Company" hereieafter used, shall denote the Erie and Niagara Railway Company; Btook ». The capital of the Company shall be two millions of Capital stc dollars, and shall be divided into twenty thousand shares of ^^'f^*'*^- one hundred dollars each, and such shares shall be deemed per- sonal property, and may, after the first instalment thereon shall have been paid, be transferred by the respective persons, bodies Transfer of corporate or politic, holding the same, to any person or persons, «^"es. and such transfer or transfers shall be entered and registered in a book or books to be kept for that purpose by the said Com- pany : and such stock as has heretofore been subscribed to the FortEne Railway Company, and ten per cent, actually and Ten per cent, bona fide paid thereupon, shall, at the option of the party ™^^»y,« subscribing the same, be held valid in this Company ; but dl st Forfeit, such subscriptions of stock, when ten per cent, has not been actually and bona fide paid, shall be and are hereby declared to be illegal and void, and to form no part of the stock hereby au- thorized. ■> 8. For the purpose of organizing the new Company formed Provisional by this Act, William A. Bird, William A. Thomson, James ^'^^^^ Cummings, Isaac Buchanan, Adam Crooks, Alexander McAn- drew, Samuel Wann, Thomas W. Kennard, Nelson Forsyth, John Douglae, Richard Graham, Arthur Johnston and Archi- bald A. Gordon, shall be the Directors of the said Company, and they and their successors shall and may have continued succes- sion, and by the name of the Erie and Niagara Railway Com- Corporate pany, shalljbe capable of contracting and being contracted with ^"^^^ of of suing and being sued, of pleading and being impleaded, ^*''"P^y- answering si'l ill Cap. 59. 90 27 Vic. answering and being answered unto in all Courts and places whatsoever, in all manner of actions, suits, complaints, matters and concerns whatsoever ; and they and their successors may and shall have a common seal, and may change and alter the same at their will and pleasure, and by the same name of The Erie and Niagara Railway Company, they and their succesaoi-a shall also be by law capable of receiving, purchasing, having Eoai and per- and holding to them and to their successors any estate, real, «onal property pergonal or mixed, to and for the use of the said Company, and of letting, conveying and otherwise departing therewith, for the benefit and on account of the said Company, from time to time, as they shall deem necessary and expedient. Powers of Provisional Directors. 4. The persons above named shall, until the next election of Directors of the Company as hereinafter provided for, be the Directors of the Company incorporated under this Act, and m until such election takes place, shall, have exercise and enjoy all the powers and rights they could or would enjoy if elected under this Act, and shall have all the powers by this Act con- ferred on the directors so to be elected ; and the Directors herein named shall elect persons to fill such offices as may be re- quired tocarry on the business of the Company such officers to hold their respective offices until the first election of Directors here- PirBt election inafter mentioned ; Provided always, and it is hereby enacted, of Directors. ^^^^ ^j^g gj.g^ election of Directort. o be held after the passing of this Act, shall take place so soon as one thousand snares of the capital stock of the said Company shall have been sub- scribed and the first instalment of ten per cent, actually paid thereon, and that from and after such first election, the above named directors of the said Company shall be immediately superseded, and their powers and authority cease and determine, and the same shall thenceforth be exercised only by the Direc- Meeting for tori elected under and after the passing of this Act : but such nS^W)f. election shall not take place until the said provisional Directors, or a majority of them, shall call a meeting of the shareholders, at such time and place as they may think proper, giving at least two weeks' notice in one newspaper published in the Coun- ty of Welland and one newspaper published in the County of Lincoln. Xine of Bail way. •I, The said Company are hereby authorized to construct, work and operate a Railway with a single or double track, com- mencing on the Niagara River, within the Village of Fort Erie, at some point at or above the wharf of Samuel Couthard, but not furtht . south than Queen Street, thence to the Village of Chippawa and thence, upon the acquisition by this Company — of the Erie and Ontario Railway, as hereinafter authorized, to the Town of Niagara. 6. 1863. 91 Cap. 59. 6. From and after the first election of Directors which shall Annual elec- take place next after the passing of this Act, the property, JZ °' °"«'- affairs and concerns of the cfompany shall be mana«d W seven Directors to be chosen by the sfiareholders on thelrst Tuesday / ot June in each year, m the manner hereinafter provided, and Notice notice of such annual election and of the time and place of hold- ing the same shall be published two weeks before the day of election in one newspaper published in the County of Wei- nn,uTi ""r ""T'^'T" P"^^i«hed in the County o/ Lincoln ; !nn« LlJ- °°' ^Z ^''^''^^ «ha» be by ballot, and the per- Ballot : qua'i. sons holding one thousand dollars of stock in this Company, «f»«r ''^ Zt T^lf^^i.^^'^f *^^' ^''^^^'^ """^ber of votes at any elec- ""'""*""• Un t»i ''^'"^ ' ^"u^ '^'^ shall happen that two or more Tie.. ?.?«L;nI *r f^^T- ^ "x!*""^"" °^ ^'^*««' *h« shareholderb shall determine the election by another or other ballots until a choice L nllir^ a vacancy shall at any time take place among Vacancie,. nl?r A' ^^A ^^^^^' T'S^^^^on or otherwise, either of thos! IT tr fl 1^'^' ^\r ^^ ^^9'' ^^^^'^f^^^ «'^««<^«i such vacancy shall be filled for the remainder of the term by a vote of the majontvof the Directors; Provided always, that in case i?P,ovidon in should happen that an election of Directors shall not be iuade S^e oTFauJe Z'^AT^ih^ -T n "" pursuant to this Act it ought to have been **' ^'"*^**"' made, the said Company shall not for that cause be deemed to ^LrT^u' ^""a '^ 'h" ^"^ ""^y ^^ ^^^^^ «^ any day there- «! !Ll? I ""u^ "^^^^ .^"^ ^^^^^^^" ^f Directors. in such manner rS Compt'"''^"'^^^ '^ ''' ^^-^^'^ ^^^ ^''^"^^*-- '' thi!' ft^ovfnrr"! *"' ?"^^'^ subjects, and whether resident in Alien; may 1m, wiis rrovince or elsewhere, may be shareholders in the said shareholders tompany, and all such shareholders shall be entitled to vote on ""^ l^^*'"*""'- £ble rnffi^"^"^!."^^*^. ^"*>^ r^^''^' '^"•^ «ba" ^^ also sSol^erlTl r ^r!f*r "^ *^^ "^"^ Company; but no All calls must nnt !i ? ¥i^^® entitled, m person or by proxy, to vote at ^e pnid before any election of Directors, or at any general or special meeting ""*'"«• mid fl. T^'^^'^r^^^ *^' r^^ Company, who shall not havi ,mU- '^^^f ^'d deposit of ton per centum, and all calls due upon his stock, at the time of such election or meetings. 8 The Directors shall make annual or semi-annual Divi- Dividends, dends of so much of the profits of the said Company as to them or a majonty of them shall seem advisable, and once or oftener, as the Directors shall by By-law from time to time determine, in each year, an exact and particular statement shall be rendered of the state of their affairs, debts, credits, profits oni tTi ' «,*atement to appear in the books and to be Annual Sute- open to the perusal of any shareholder at his or her reasonable '"«°*- request ; which said statement shall be annually submitted to the To be snb- tnree branches of the Legislature, within fifteen days after the ?»**«? ,*» *« opening of ea^h Session of the Provincial Parliament ; and also '^'^'**"''- '^ : HI Cap. 59. 92 27 Vic. ill 'I •I "X 1' One vot« for each share. Conveyances to the Com- pany. Registration thereof. a statement of the tonnage of goods, freight and number of passengers that have been conveyed over the said road. Quorum of Dl- 9. The number of Directors necessary to form a quorum for rectors. ^^^ transaction of business may be regulated by the By-laws of the Company, and until such By-laws shall be passed, a majority of the whole number of Directors shall form a quo- rum. Qualification 10. No shareholder shall be eligible to be elected a Director of Directors, under this Act unless he shall be a bona fide stockholder in the said Company to the amount of at least one thousand dollars and shall have paid up all calls on such stock. ! 1. Each shareholder in his own right shall be entitled to a number of votes equal to the number of shares which he shall have in his own name, two weeks prior to the time of voting. m. All deeds and conveyances for lands to be conveyed to the said Company for the purposes of this Act, shall and may, as far as the title to the said lands or the circumstances of the party making such conveyance will admit, be made in the form given in the schedule marked " A," to this Act annexed, and all Registrars are hereby authorized to enter in their register books such d«eds on the production and proof of execution there- of, without any memorial, and to minute such entry in the said deed, and the said Company are to pay the said Registrar for so doing the sum of two shillings and six pence for each deed registered, and no more. 13. The Directors of the Company may, subject to the rules and regulations from time t- time of the Board, appoint an Agent in the City of London, England, and also an Agent in the City of New York, in the State of New York, with power to pay dividends, to open and keep books of transfer for the shares of the Company, and for the issue of scrip and stock And transfer certificates, and thereupon shares may be transferred from the of stock there Canada office to the London or New York offices m the names orm Canada. ^^ ^^^ transferees in the same manner as shares may be trans- ferred in the former oflSce, and vice versa ; and shares originally taken and subscribed for in Great Britain, and shares originally taken and subscribed for in the United States, may be respec- tively entered upon the books at the London or at the New York office, and scrip certificates be issued for them, and the Agent or Agents or other officer or officers shall transmit an accurate list of all such transfers and scrip certificates so issued to the Secretary cr other officer of the Company in this Province, who shall thereupon make the requisite entries re- specting such transfer and scrip certificates in the register kept in this Province : and thereupon the same shall be binding on the Agents in London and New York. 27 Vic. number of )ad. :]Uorum for he By-laws J passed, a brm a quo- a Director older in the md dollars n titled to a ch he shall Df voting. onveyed to 11 and may, nces of the in the form nexed, and leir register ution there- 7 in the said [istrar for so each deed to the rules , appoint an an Agent in with power asfer for the ip and stock red from the n the names ay be trans- es originally es originally ly be respec- at the New lem, and the transmit an ites so issued any in this be entries re- register kept e binding on the 18«3. Cap. 59. theComnany as to all the rights and privileges of Shareholders, as though the scrip certificates had been issued by the Secre- tary of the Company in this Province. '.*• Whenever any transfer shall be made in England or the Transfer and United States, of any share of stock of the Company, the de- '^i^JHtratii.n of livery of the transfer duly executed to the Agent or Agents of '*"*'''' the Company for the time being in London or New York aforesaid, shall be sufficient to constitute the transferee a share- holder or stockholder in the Company in respect of the share of stock BO transferred, and such Agent or Agents shall trans- rnit an accurate list of all such transfers to the Secretary of the Company in this Province, who shall thereupon make the requisite entries in the register; and the Directors may, from time to time, make such regulations as they shall think fit for facilitating the transfer and registration of shares of stock, as well in this Province as elsewhere, as to the closing of the register of transfers for the pujyiose of dividends as they may find expedient ; and all such regulations not being inconsistent R.)gnlati(.ns with the provisions of this Act, and of the Railway Clauses J""" ^'^"•ta*""{ Consolidation Act, as altered or modified by this Act, shall be "'' valid and binding. 15. Whenever it shall be deemed expedient by the Board of Special gen«rai Directors that a special general meeting of the shareholders Shlreholdern shall be convened, either for the purpose of increasing the capi- ital or increasing or reducing the number of Directors, or for any other purpose, the Directors may convene such meeting by advertisement and circular, in manner hereinafter mentioned, in which advertisement and circular, the business to be trans- ' acted at such meeting shall be expressly stated, and such lAcet- mg may be held at the Company's chief office in Canada, or such other place in this Province as the Directors shall appoint. 16. The notice of special general meetings of the Company Notice 'to be tor any of the purposes aforesaid, shall be inserted in the same ^^^^ thereof, papers as are in this Act prescribed as necessary for convening i ordinary general meetings of the Company, and also, if so ordered by the Directors calling the same, in one or more of ^e daily morning newspapers published in London and New York, and a copy of such notice shall also be addressed by post to each shareholder at his last known or usual address, not Jess than forty days before the holding of such meeting. IT. The several clauses of the Railway Clauses Consolida- Certain tion Act with respect to the first, second, third and fourth <'^"»«» "^ *•*« clauses thereof, and also the several clauses of the said Act RaSy Act with respect to "interpretation," "incorporation," "powers," *» ^I'piy- "plans and survey," " lands and their valuation," "highways and bridges," "fences," "tolls," "general meetings," "Directors, their tsar hii I, Cap. 89. 94 27 Vic. their election and duties," "shares and their transfer,'' "municipalities," " shareholderH," "actions for indemnity, and fines and penalties and their prosecution." " working of the Rjiilway," and " general provisions," and also the several Acts amending the said Act »vh varied and modified respectively V)y And b« incor- the provisions of this Act, shall bo incor|)orated with and form th™*v\^'''' part of this Act, except such provisions of said Railway Clauses '* ^ ^ " Consolidation Act or of the Acts amending the same, as apply fo matters and things for which express provision is made in this Act, and the said several clauses of the aforesaid Acts herewith embodied shall be construed to apply to this Com- pany as if the said Company were now newly incorporated. Compengation 18. Where stone, gravel, or any other material is or are re- fer ^avei,&c., ^yj^^^j f-Qj, ^j^y construction or maintenance of said Railway filed by arbi- or any part thereof, the Company may, in case they cannot tration. agree with the owner of the lands on which the same are situate for the purchase thereof, cause a Provincial Surveyor to make a map and description of the property so required, and they shall serve a copy thereof with their notice of arbi- tration as in cases of acquiring the roadway, and the notice of arbitration, the award and the tender of the compensation shall have the sani'^ effect as in the case of arbitration for the re d- way ; and all the provisions of the Railway Clauses Consolida- tion Act, as varied and modified by this Act, as to the service of the said notice, arbitration, compensation, deeds, payment of money in count, the right to sell, the right to convey, and the parties from whom lands- may be taken, or who may sell, shall apply to the subject matter of this section and to the obtaining materials as aforesaid, and such proceedings may be had by the said Company either for the right to the fee simple in the land from which said material shall be taken, or for the right to take material for any time they shall think necessary ; the notice of arbitration, in case arbitration is resorted to, to state the interest required. 19. When said gravel, stone or other materials shall be taken, under the preceding section of this Act, at a distance from the line of the Railway, the Company may lay down the necessary siding and tracks over any lands which may inter- vene between the Railway and the lands on which said material shall be found, whatever the distance may be; and all the pro- visionb of the Railway Clauses Consolidation Act, and of this Act, except such as relate to tiling plans and publication of notice, shall apply and 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 so acquired for a term of years or permanently as the Company may think proper ; and the powers in this and the preceding section may at all times be exercised and used in all respects after the Railway Tracks over intervening lands to get gravel &c. 27 Vic. r transfer,'' jmnity, and king of the leveral Acts ►actively by bh and form way Clauses ne, as apply I is mnde in jresaid Acts this Com- rporated. is or are re- lid Railway they cannot le same are al Surveyor so required, itice of arbi- ,he notice of isation shall ■or the rc" d- 13 Consolida- ) the service , payment of ey, and the fty sell, shall he obtaining r be had by imple in the for the right jepsary ; the 1 to, to state rds shall be fit a distance ly down the I may inter- laid material [ all the pro- , and of this iblication of to obtain the which such x;quired for a may think section may ets after the Railway 1863. 95 Cap. 69. Wl Railway is constructed, for the purpose of repnirinff and main- tammg the said Railway. i!r;,??^f?*"'E''Y """"l^ ""'*° °'" '"*^*' *''''^*^ arrangements Union witb ith any other Radway Company or Companies, or with the ^'^« Com- Intornational and any (,the%Bridge Company, or may lease this ^'"'•*- Railway to any other C^impany with the necessaiy convenien- ces tor the pun)08es of such union, occupation, or traffic nrranije- ments ; and th% Board of Directors of such Railways and the International and other Bridge Company may agree upon such union, lease or traftic arrangements, and grant facilities for the same. .nil*; y^jl^'^'"'' ^'^^ Corporation of the Town of Niagara, pur- Transfer of Buant to the powers and provisions contained in the Act twen- Kri« <»n.l Onta- !Lw fi!''?''''' ^h^^' *hirty-two, intituled : An Act to b7 K'TL enable the 1 own of NiPgara to dispose of its interests in the t Ni«^ra tt> ture dated the tenth dav of August, one thousand eight hun- dred and sixty-three, did grant and convey to William A. Thomson, of the Vilhige of Fort Erie, in the County of Wel- land, the Erie and Ontario Railroad, together with all and singular the houses, buildings, stations, station ground, ri.. TT • 'f V- ^^^^^'l: that it shall and may be law- This Company lui lor the Erie and Niagara Railway Company, to acquire bv ""^y purclin«e purchase from the said William A. Thomson, o^ his assigns, the ht'"'"' ''"" Erie and Ontario Railroad aforesaid, with all the singular its " houses, buildings, stations, station ground, rights, ways, fran- chises and appurtenances, and when so acquired, the same shall be incorporated with the said Erie and Niagara Railway Com- pany, and thereupon the said Erie and Ontario Railroad, with Eighta of the ail Its franchises and privileges, shall vest in and become part cSpany after ol the Ene and Niagara Railway Company, and that freed and '"'^ *'*^^*'"- discharged from any equity or right of redemption of the said fi-rie and Ontario Railway Company or otherwise whatsoever, but each purchase shall be subject to the same provisions and agreements in favour of the Corporation of the Town, of Nia- gara which are set fori;h and contained in the hereinbefore mentioned Indenture of the tenth day of August, one thousand eight hundred and sixty-three, and also subject to the following conditions, that is to say, that nothing herein contained shall Transfer sub- center or permit any rights on any portion of the Great West- tl^t^- ''"^'" era Railway, nor shall affect any claims legally valid against the Ji.ne and Ontario Railroad Company in respect of rights of way, whether for temporary or permanent occupation, which - right bions- insw 111 Cap. 59. 96 27 Vic. i rights shall be a caarge \ipon the Fne and Niagara Railway ; nor shall such purchase confer upon the Erie and Niagara Bailwav Company, or upon any other purchaser or purchasers, any other or greater rights, title or property in tl.3 present wharfs or works at Niagara than is now held by the said Will- iam A. Thomdon, under the flal| by the said Corporation of Niagara, or by the said Erie and Ontario Railroad Company ; mgistrationof and it is hereby declared that the deeds of conveyance trom deed from the ^j^g Corporation of the Town of Niagara to tfce said W illiam STto^w A.A Thomson, and from the said WilUam A. Thomson or his Thomson. aasigns to the Erie and Niagara Railway Company, may be registered in the Registry Offices of the Counties of Lincoln and Welland, respectively, by th^. filing of two copies thereof respectively, and the respective Registrars are required to re- cord said deeds respectively, and the production of such deeds or of such registered copies respectively, fhall be sufficient evi- dence without further proof that the Erie and Ontario Railroad hath become vested in and iucorporated with the Erie and Niagara Railway Company. River frontage ««. The Company shall have full power under this Act to may be ac- purchase and hold a river frontage, and sufficient depth ot Spany. land therefrom in the Town of Niagara, for the erection of grain wharehouses, docks, station buildings, workshops and offices ; also land at the WeUand River for a station and gram elevator ; also lands and river front on the Niagara River, at Fort Erie, within the limits of said Village, for docks, elevators, station grounds, and station buildings. 33. The Company shall have full power under this Act to purchase and hold as part of the property of the said Company as many propellers and sail vessels as may be required from time to time to cany the grain and other property arriving at Niagara and brought over the whole or part of the said Rail- v/ay to its Canadian or American destination ; also one or more steam boats for passengers and freight between Niagara and Toronto and other ports ; also a ferry boat on the Niagara Ri- ver at Fort Frie, and a steam tug for the towing of vessels to and from the docks of the Company at Fort Erie, and at Nia- gara, on Lake Ontario ; and all such property shall oe um^ec^ with the Railway, as the general property of the Company ; and it «hall be lawful for the said Company to construct and maintain, as part of the Erie and Niagara Railway Company s property, and out of the capital stock of said Company, eleva- tors and dockage at Kingston and Oswego, on Lake Ontario, for the receiving and delivery of the grain shipped at Niagara by .^aid Company, Branch to S4 The Company shall have <\il1 power under this Act vjen Buffalo RaU- Dossessed of authority under the laws of the State of Ne^ way depot. r •' York, Company may hold propellers and sailing {vessels. Ferry and tov/ boatB. Elevators and dockage. 27 Vic. Railway; d Niagara jurchasers, La present isaid Will- poration of Compauy ; ^'ahce from d William ison or his ly, may be of Lincoln lies thereof lired to re- such deeds fficient evi- do Railroad e Erie and this Act to tit depth of erection of kshops and n and grain •a River, at ts, elevators, this Act to id Company pired from 'arriving at le said Rail- one or more Niagara and Niagara Ri- of vessels to and at Nia- 1 be uuived le Company ; instruct and y Company's ipany, eleva- lake Ontario, d at Niagara 1863. 97 Cap. 69. lis Act, when tate of New York, York to construct and maintain out of the capital stock of the Slf ^rr° V r ^!"^^««^ of «aid Railway withS the sSd btate of l^ew York,said continuation to commence aa^^rly Z- oHhl^i^^f '.?^T*^""x?.*^ *^« termination of theSfX «ri«. *i! !^^^l ^i'^f'* ^^^«^' ^* Fort Erie, parsing thence Sa^^'enot o^^«1 the City of Buffalo, until^t rea?hesX tC said bUv nf V^^^ ^"^^y^ on Exchange Street in f^Xli^Vd^t ''°' '""^"'^^ of RaSway being ate^f bmn'^f ortS'Si'^'/^""'" ^ ^""?*™^^' ^^^ «P«r- B-ohtoPort d^ea Dran,.not tJieir Railway from some point on their line ^*'»'i«on. Z wJ^'/p'^r^'P "^ WiUoughby to an intellection wHh land^fi '^'''^' "^ ''^^^*" ^^'^ ^^'^^' on the Wet linfof^IeVrrFr?.'^'^''^ ^'''!f?t!'' by contractors on the Conatructiou line or the J^ort Ene Railway, and the expenses of survevinff accounts erf andeugmeenng, together with all monef disbi^sedfor th! ?**^ ^t nghto? way, and in respect to the const^tionTf the Fort P^d"'^ *" S'L^r^' ^°^ f ,f?'^ ^'^^ ^'^^^^^^^ of the Fort Erie Railway Company, shall be paid, assumed and satisfied by the Company hereby incorporated. ^ i ;#i be hl'A?. '" Z ^^ ^''*"' i *^« «^^^ ^^' b«foTe the passW of this Act, or the recourse of any person or party for the eSce- ment of any such right, liability or agreement as. The said Railway shall be completed within two veara r w * from and after the passing of this Act. ^ teiy!"" trrent'o'f ^hf f' '"^^S ^^- '^n emptirsubje^to" '^^^^^ nn!i!f I, .• ,%'® ^'^^ Niagara Railway Company, and "'' *^' ''^«- under such stipulations aa may be agreed upon betwekiX ^aid respective Companies, to U thSr tminroyer I'd Erie 10 and from the Town of Niagara and interme^Iiate station. 210. This shall be deemed a Public Act Public Act. i""*' SCHEDULE i. imii-fi Cap. 86. 9ft SCHEDULE A. 36 Vic. Know all man by these presents that I, A.B., of do hereby in consideration of being the purchase money paid to me by the Erie and Niagara Railway Company, the Jeceipt whereof I do hereby acknowledge, grant, bargaan, sell, 'rveyand confirm unto the said Erie and Niagara lUilway Company, their successors and assign for ever all that certain tract or mrcel of land, situate &c., {hered^crihe tlce land) the same having been selected by the said Company for the rZose of tf eir E.>ad, (Haxbor, Wharf or Pier, as the casej^y he) To have and to hold the said land and premises, together with the hereditaments and appurtenances thereto belonging, or to the said Erie and Niagara Railway Company, their suc- cessors and assigns or ever. Witness my hand and seal this day of A.D. 18 Signed, sealed and delivered in the presence of CD. A.B. (L.S.) 36 VICTORIA, CAP. LXXXVL An Act to amend the Erie and Niagara Railway Company Act of 1863. [Aeoented to 23rrf May, 1878.1 W^HEREAS the Erie and Niagara RaUway Company have petitioned for power to construct one or more branches from their line of railway to the Niagara River and otherwise to extend their corporate powers, and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Com- mons of Canada, enacts as follows : 1 The said company shall have power to construct and open one or more branch lines of railway in the Counties of Lincoln and Welland to the Niagara River to connect with the intend- ed railway bridge at Queenston, and with the Canada Southern RaUway at some point in the Township of Bertie and The Erie and Niagara Railway Company Act, 1863, shall be taken, held and construed to apply to any such branch hnes as fully and effectually as if the said branch lines had been or- idnally authorized '^o be constructed and operated in and by tne said last mentioned Act. 1872. 99 Cap. 91. 2. The gauge of the said railway may be such as the direc tors m their discretion may determine upon. S. The Erie and Niagara Railxvay Company may extend to any railways vvhich may have a terminus in the State of New York on the Niagara River, the same privileges which are authorized to be conferred on the railway companies mentioned m the twenty-nmth section of " The Erie and Niagara Rail- way C' New York; William Tsc"ott of b::-""'"^ ui ^nc ; .;onn itoss, ot the City of New York • and Benjamin F. Ham, of the said City of ^New York together •with ^SSW Cap. 91. 100 w J Vic. Corporate name and general powers. \¥ ■ ■'ft with such persons and corporations as shall, under the provi- sions of this Act, become shareholders in the company hereby incorporated, are hereby constituted and declared to be a body corporate and politic by the name of " The Detroit River Rai - way Bridge Company;" and the said company shaU have lull power and authority to purchase, acquire, take and hold such iMids lands covered with water, leaches and other property, as may be necessary for the purpose of constructing the said bridge, or for the convenient using of the same, and also tor the construction of such branch railway, not exceeding three miles in length, as may be necessary to approach the said bridge. Railway Act 3- "The Railway Act, 1868," is hereby incorporated with S^om partof this Act, and shall form part thereof, and be construed there- thiB Act. ^j^j^ ^ forming one Act. Power to con- 4. The comoany hereby incorporated shall have full power Btruct bridge, u^der this Act to construct, maintain, work and manage a railway bridge across the Detroit River for railway purposes, from some point at or near the Town of Amherstburgh, in the County of Essex, towards the Island of Grosse Isle, in the btate of Michigan, in the United States of America. 5. The company are hereby authorized to work trains by steam or horse power for local passengers and freight traffic between the State of Michigan and the County of Essex, over the bridge hereby authorized to be constructed, and to connect the said trains with other railways ; and, by rails or otherwise to work the said trains into the Town of Amherstburgh and within its corporate limits. 6. The persons named in the second section are constituted the board of provisional directors of the said company, and shall hold office aa such until the first election of directors, under this Act ; and shall have power and au:,:ionty inamedi- ately after the passing of this Act, to open stock books and procure subscriptions of stock for the undertaking, giving at least four weeks' previous notice by advertisement in the <' Canada Gazette" of the time and plaxie of their meeting to receive subscriptions of stock; and the said provisional di- rectors may cause surveys and plans to be made and executed, and may acquire any plans and surveys now existing, and it shall be their duty, as hereinafter provided, to call a general meeting of shareholders for the election of directors. T No subscription of stock iji the capital of the said com- pany shall be legal or valid, unless ten per centum shall have been actually and bona fide paid thereon, within five days after 1 • i? :-.x ^ ^v%nt'a nf fliQ r.l^ax♦■pl^«<^ banks of Canada, SUDSCnptlUIi, luuuujic VI iiiviv -..i -»•.>' —° _ - to be designated by the said directors ; and such ten per *• centum Power to work trains over the bridge, and into Amherst- burgh. Provisional directors.! Their powerc. Sabscriptions of stock. .'•l^l .J Vic. 1872. 101 Cap. 91. he provi- Y hereby M) a body Lver Rail- have full lold such jperty, as the said 80 for the iree miles ridge. ited with led there- ull power manage a Sirposes, , in the the State trains by ght traffic Cssex, over to connect otherwise, )urgh and sonstituted ipany, and : directors, y immedi- books and giving at int in the meeting to dsional di- 1 executed, ing, and it a general ! said corn- shall have e days after ! of Canada, ch ten per centum centum shall not be withdrawn from such bank, or otherwise ^fp-^ed, except for the purposes of such railway bridge, or upon the dissolution of the company from any cause whatever ; and Directors may the said directors, or a majority of them, may, in their discre- SbfeBuiT* tion, exclude any persons from subscribing who, in their judg- Kribew, ment, would hinder, delay or prevent the said company from proceeding with and completing their undertaking under the provisions of this Act ; and, if more than the whole stock shall and aUocate have been subscribed, the said provisional directors shall alio- ""^l"" stock, cate and apportion it amongst the subscribers as they shall deem most advantageous and conducive to the furtherance of the undertaking; and, in such allocation, the said directors may, m their discretion, exclude any one or more of th& said subscribers, if, in their judgment, their so doing will best secure the building of tlie said railway Isridge. ' 8. All shareholder", in the said company, whether British All share- subjects or aliens, or residents in Canada or elsewhere shall hoiderstohave have equal rights to hold stock in the said company, aud to vote ^"^ on the same, and to be eligible to office in the said company. 9. The capital stock of the said company shall be five hun- Capital, dred thousaud dollars, divided into five thousand shares of one hundred dollars each, with power to increase the same to one million of dollars. 10. So soon as two hundred thousand dollars of the said First meeting capital stock shall have been subscribed as aforesaid, and ten "^ »^a^- per cent, bono fide paid thereon, and deposited in one or more ^''^^^'"• of the chartered banks of Canada for the purposes of the cora- pany, the hereinbefore mentioned directors, or a majority of them shall call a meetirig of the shareholders of the said com- pany at such time and place as they may think proper, giving at least two weeks' notice in the Canada and Ontario Gazettes, at which meeting the shareholders shall elect nine directors Election of from the shareholders possessing the qualifications hereinafter **^®<'*<"*- mentioned ; which directors shall hold office until the next annual meeting of the shareholders as hereinafter provided. 11. The annual general meeting of the shai-eholders for the Annual election of directors and other general purposes, shall be held ?ener^meet- at Amherstburgh or elsewhere, as may bo appointed by by-law, tion?" on the first Wednesday in the month of June in each year ; and two weeks' previous notice thereof shall be given by pub- lication as provided in the last preceding section. I*. No person shall be elected a director of the said company Qualification unless he shall be the holder and owner of at least forty shares °* flirectors. in the stock of the said company, and shall have pcid up all calls made thereon. 13. I •<; ' "«: Cap. 91. 102 36 Vic. GallBon ■hare?. Liability limited. Power to issue bonds. Mortgage. \f, 13. No call to be made at any time upon the said capital stock shall exceed ten per centum on the subscribed capital ; and no stockholder, shall be liable for the debts or obligations of the company beyond the amount unpaid on any stock lield by him. 14. It shall be lawful for the directors of the said company, after the sanction of the shareholders shall have been first obtained at any special general meeting to be called from time to time for such purpose, to borrow money to an amount not exceeding six hundred thousand dollars upon the corporate bonds of the said company, secured by a mortgage or mort- gages upon all or any part of the property of the company, real and personal, and then existing, or at any time thereafter acquired, and upon aU the rights, revenues and franchises of the company ; and such bonds may be for any term of years not exceeding thirty, and may bear interest at the rate of seven per centum per annum, and may be sold or disposed of by the directors at their marketable value. Company may 15. The Company shall have power to become parties to become parties promissory notes and bills of exchange for sums not less than to notes. ^^^ hundred dollars ; and any such promissory note made or endorsed, and such bill of exchange drawn, accepted or en- dorsed by the president or vice-president of the company, and countersigned by the secretary and treasurer, and under the authority of a majority of a quorum of the directors, shall be Form. binding on the company ; and every such promissory note or bill of exchange made, drawn, accepted or endorsed by the president or vice-president of the said company, and counter- signed by the secretary ajid treasurer, as such, shall be pre- sumed to have been properly made, drawn, accepted or en- dorsed, as the case may be, for the company, until the contrary be shown ; and in no case shall it be necessary to have the seal of the company affixed to any such bill of exchange or promissory note ; nor shall the president, vice-president, or secretary and treasurer of the company, so making, drawing, accepting or endorsing any such promissory note or bill of ex- change, be thereby subjected individually to any liability Proviso. whatever : Provided always that nothing in this section shall be construed to authorize the said company to issue any note payable to bearer, or any promissory note intended to be cir- culated as money, or as the note of a bank. Plans. &c., to 16. The said company shall not commence the said bridge, be submitted qj. ^ny work thereunto appertaining, until the company shall Co^cil'for"' have submitted to the- Governor in Council plans of such approval bridge, and of all the intended works thereunto appertaining, nor until such plans and the site of such bridge shall have been ftnnrnved bv the Governor in Council, and such conditions as _^^ , .... ^^ 1872. 103 Cap. 91. he shall have thought fit for the public good to impose, touch- ing the said bridge and works shall have been complied with ; nor shall any such plan be altered, nor any deviation there- from allowed, except by the permission of the Governor in Council, and upon such conditions as he shall impose : Pro- Navigation of vided always that the said bridge shall be constructed so as SlL^ld'' ^ not materially t(7 obstruct the navigation of the Detroit River; necessarUy"^ and the said bridge shall have two draws in the main channel ''"'^^• of the river, which said draws shall each be of the width of one hundred and sixty feet, and shall otherwise give free and unobstructed passage to vessels of every description navigating the said river; and the said draws shall at all times during Draws in the season of navigation be kept open, except when actiTally ^^^^^ required to be closed for the passage of railway trains, and shall otherwise be tended and moved at the expense of the said company, so as not to Hinder unnecessarily the passage of any vessel. From snndown until sunrise, dunng the season of Lights, navigation, suitable lights shall be maintained upon the said bridge to guide vessels approaching the said di-aws ; and for assisting the passage of any vessel through the said draws, the said company shall at all times keep in readiness a steam tug Steam tug. suitable for towing the said vessels through the said draws, and shall tow all the said vessels through the said draws re- spectively, whenever requested so to do by the officers of such vessels, without charge, and the said company shall be liable No charge for to pay the owners of any vessel or of the cargoes or freight *°^*8«- thereof, all damages they may respectively sustain by reason Je^t^ '*" of any neglect of any of the foregoing provisions ; and the use of the said bridge shall be subject to such regulations as shall be from time to time approved of by the Governor in Council. It. It shall be the duty of the said company during the construction of such bridge to put up and maintain in the night time during the season of navigation a good and sufficient light at each end of any coffer dam or pier which may be erected by the said company,— the said light to be placed at least five feet above the said dam or pier, and also such buoys during both day and night as may be necessary for the guid- ance of persons navigating the said river: Provided always that before commencing the works of the said bridge, or taking possession of any part of the beach or land covered with water or other property of the Crown, the company shall obtain the consent of the Governor in Council, who may impose such terms and conditions as he shall think proper before granting permission to commence the works or take possession of any property of the Crown as aforesaid, provided the navigation of such river shall not be unnecessarily obstructed by such work. 18. Whenever it shall become necessary, for the purpose of Sale of land procuring auffieieat lands for stations or gravul pits, or other by'comMw purposes. Maintenonoe of lights on coffer dama, &c Buoys, Proviso: Consent of Governor in Council re- quired before commencing; 3&0' Cap. 91. IM 86 Vic. 'I'- purposes, for oonstruoting, maintaining and using tho said bridge, to purchase more land than is required for such stations or gravel pits, or other purposes, the said company may pur- chase, hola, use or enjoy such lands, and also the right of wav thereto, if the same be separated from their bridge, in such manner, and for such purposes connected with the constructing, muintenance or use of tne said bridge, as thsy may deem ex- pedient, and shall sell and convey the same, or part thereof, not permanently required for ^he use of the bridge. 10. It shall be lawful for the said company to enter into any agi'eement with any railway or railroad company or com- panies in the Dominion of Canada, or in the United States of America, for leasing the said bridge, or the use thereof, at any time or times, or lor any period, to such railway or railroad company or companies ; or for leasing or hiring from such com- pany or companies any railway, or railroad, or part thereof, or the use thereof; or for the leasing or hiring any locomotives, stock, or make tenders or moveable property ; and generally to make any agreemen or j^ggj^g^^ qj. agreements with any such company or such com- panies, touching the use bv one or the other or othera of the bridge, or railway or railways, or railroad or railroads, or moveable property of either or any of them, or any part thereof, or touching any service to be rendered by the one company to the other or others, and the compensation therefor ; RftUwiiy com- and any such railway or railroad company or companies may panies ™«y agree for the loan of its credit to, or may subscribe to and be- hddCTs, &c. come the owner of the stock of the company hereby created, in like manner, and w\th like rights as individuals ; and any such agreement shall Ve valid and binding, and shall be en- forced by courts of law, according to the terms and tenor thereof ; and any company accepting lind executing such lease shall be and is empowered to exercise all the rights and privileges in this charter conferred. Company may lease bridge, or hire rail' way, or rolling m^ over bridge. Tariff rates to 90. When the said railway bridge is completed and ready be same for all fQj. traffic, all trains of all railways or railroads terminating at rai ways pass ^^ ^^^^ ^^^ Town of Amherstburgh aforesaid, or in the State of Michigan, at or near some point opposite the said Town of Am- herstburgh, now constructed, or hereafter to be constructed (in- cluding the cars of any other railway company which may be brought over such railway), shall have the right to pass over the said bridge, at corresponding tariff rates, for the persons and property transported, so that no discrimination in tariff rates for such transportation shall be made in favour of or against any railway or railroad, whose trains or business pass over the said bridge. • Arbitrators in case of disa- greement. *"»J^ 91. In case of any disagreement, and as often as the same trains 36 Vic. the said L Btations may pur- t of way , in such structing, deeia ex- 1 thereof, mter into y or corn- States of of, at any r railroad mch com- -hereof, or iomotives, nake any mch corn- era of the h*oads, or any part y the one 1 therefor ; mies may to and be- >y created, ; and any all be en- and tenor such lease 'ights and and ready inating at he State of WD. of Am- ;ructed (in- sh may be o pass over persons and tariff rates or against as over the B the same trains 1872. 105 Cap. 91. trains or business shall pass over the said work het«by author- ized to be constructed, or the tariff nites to be charged in re- spect thereof, the same shall be determined by arWtrators, — one to be appointed by the company hereby incorporated, and another by the ccmpanv with whom the disagreement sha)! ha v'*^ arisen, and a third (who shall be some person experienced in railway affairs) by one of the superior courts of the Province of Ontario, upon application to such court, due notice thereof having been given to the parties interested; and the award of Aw»rdtoB«' the said arbitratc>rB, or the majority of them shall be final : *°*^ ' Provided that the terms of the said award shall not be binding Proviw. for a longer.term than five years. 9&. It shall be lawful for the said company to unite, amal- Power to gamate and consolidate its stock, property and franchises, with ?^*?iS? * the stock, property and franchises of " The Detroit River Rail- compiSy. road and Bridge Company," or any other company incorporated, or which may be incorporated, by the laws of the State of Michigan, one of the United States of America, for a similar purpose with the company hereby incorporated, and to enter into all contracts and agreements therewith necessary to such union and amalgamation, and which said company shall be, by the laws of the fcitate of Michigan, authorized to enter into such amalgamation or consolidation. ?83. The directors of the company hereby incorporated,and of any corporation proposing to so amalgamate or consoli- date as aforesaid, may enter into a joint agreement in duplicate under the corporate seals of each of the said corporations,for the amalgamation and consolidation of the said corporations,— pre- scribing the terms and conditions there f, the mode of carrying the same into effect ; the i^ame of the new corporation ; the number and names of the directors and other officers thereof, and who shall be the first directors and officers thereof, and their places of residence ; the number of' shares of the capital stock, the amount or par value of each share, and the manner of converting the capi'^^l stock of each of the said corporations into that of the new corporation ; and how, and when, and for how long, directors and other officers of such new corporation shall be elected, and when elections shall be held,— with such other details as they shall deem necessary to perfect such new organization and the consolidation and amalgamation of the said corporations, and the after-management %,nd working thereof; and such new corporation shall have power to consoli- date or unite with either or any of the lines of railway having powers of consolidation or union, connecting with the said bridge, by the same means and to the same ends as the same may be consolidated by this Act. !ii4. *^' Power granted to Directors tO' enter into agreement ^ with Michi- gan Company,, and regulate details. '\ ^ f'^sm I 'JS9 '•U saw* Nrtw corpora- 'aon ma^ unite with any- connecting lines of rail way. Cap. 91. 106 35 Vic. ''4 AKreement to "be Hubmitted U) stockhold- «n of each corporation. Notice to be giv«n. Vot'ng on agreement If adopted, agreement to be filed with Secretary of State of Can- ada, and with the Secretary of State of Michigan. PowetB of consolidated tion. 94. Such agreement shall be submitted to the stockholders of each of the said corporations, at a meeting thereof, to be held separately, for the purpose of taking tlie same into consid- eration. Notice of the time and place of such meetings and the object thereof, shall be given by written or printed notices addressed to each of the persons in whose names.at the time of giving such notice, the capital stock of such corporations shall stand on the books of such corporations, and delivered to such persons respectively, or addressed t« them by mail, at their last known post-office address or place of residence ; and also by a general notice to be publisheid in a newspaper published in the County of Essex and in the City of Detroit, once a week for two successive weeks. At such meetings of stockholders, such agreement shall be considered, and a vote by ballot taken for the adoption or rejection of the same, — each f-hare entitling the holder thereof to one vote, and the said ballots to be cast in personor by proxy ; and if two-thirds of the votes of all the stockholders of such corporation shall be for the adoption of such agreement, then that fact shall be certified upon each of the said duplicates by the secretary of each of such corpora- tions under the corporate seals thereof; and if the said agree- ment shall be so adopted at the respective meeting of the stockholders of each of the said corporations, one of the dupU- cates of the agreement so adopted, and of the said certificates thereon shall be filed in the office of the Secretary of State of the Dominion of Canada, and the other in the office of the Secretary of State of the State of Michigan ; and the said agreement shall from thence be taken and deemed to be the agreement and act of consolidation and amalgamation of the Company and of such other corporation ; and a copy of such agreement so filed, and of the certificates thereon, properly cer- tified, shall be evidence of the existence of such new corpora- tion. 95. Upon the makling and perfecting of the said agreement and act of consolidation as provided in the next preceding section and the filing of the said agreement as in the said section provided, the several corporations, parties thereto, shall be deemed and taken to be consolidated, and to form one corporation by the name in the said agreement provided, with a common seal ; and shall possess all the rights, powers, pri- vileges and franchises and be subject to all the disabilities and duties of each of such corporations so consolidated and united except as herein provided. 516. Upon the consumme+ion of such act of consolidation as aforesaid, all and singular the property, real, personal and mixed, and all rights and interests appurtenant thereto, all stock, subscriptions and other debts due on whatever account, and other thin<^ in action belomnng to such corporations, or "^ ° " '' either . Pi 35 Vic. ikholders jof, to be consid- rings and d notices e time of ons shall i to such at their and also mblished ;e a week kholders, lot taken entitling •e cast in ' all the option of 1 each of corpora- d agree- 7S of the he dupii- srtificates ■ State of 36 of the the said to be the n of the of such perly cer- ' corpora- greement receding the said thereto, form one ded, with wers, pri- lities and id united dation as onal and ereto, all * account, Eitions, or either 1872. 107 Cap. 91. either of them, shall be taken and deemed to be transferred to and vested in such new corporation without further Act or deed : Provided, however, that all rights of creditors, and all iii«hu of liens upon the property of either of Huch corporations shall be crecHtom pro- unimpaired by such consolidation, and all debts, liabilities and '"*'"**^- duties of either of the said corporations shall thenceforth a<^ tach to the new corporation, and be enforced against it to the same extent as if the said debts, liabilities and duties had been incurred or contracted by it; and provided also that no action Andrighteof or proceeding, legal or equitable, by or against the said corpor- ""•*""• ations so consolidated, or either of them, shall abate or be af- tected by such consolidation ; but for all the purposes of such action or proceeding such corporation may be deemed still to exist, or the new corporation may be substituted in such action or proceeding in the place thereof, ay. The said new corporation shjill have power, from time, to New corpora- time to borrow such sums of money as may be necessary for con- *'"" ""Y ^^' structing and completing the work hereby authorisad and for l"f** ""^ the acquiring of the necessary real estate for the site thereof and approaches thereto, and so mortgage its corporate pro- perty and franchises to secure the payment thereof ; but the pnncipal of the mortgage debt of such corporation shall not at Mortgage debt at any time exceed the sum of one million two hundred thous- limited, and dollars. 38. At all meetings of the stockholders of the company Mode of vot- nereby incorporated, each stockholder shall be entitled to cast ^» »* »" one vote for each share of stock held by him, and to vote either °'***"'«^- in person or by proxy ; and the directors of the said company may also, at any meeting of the board, vote by proxy— such Proxies proxy to be held by another director : Provided that no more Proviso! than two proxies be held by one director, of the other directors. Quorum at and not less than four directors shall be present in person at any meeting of meeting of the board of directors for the transaction of business. "^°"'' 89. One hundred thousand dollars shall be paid in within Limitation two years, and the works shall be commenced within two years, ''^*"«®- and completed within six years from the passing of this Act. 30. This Act shall have no force or effect until duly certi- Conditions to fied copies of any Act passed by the Legislature of the State of fore^thT^At"" Michigan, incorporating any company for objects similar to those shlSi b^'in " contemplated by this Act, and of any Act of Congress of the ^°"^- United States, conferring necessary powers in respect to the same, are filed in the Department of the Secretary of State of Canada ; upon which the Governor in Council may, by pro- clamation, order that from and after a day to be mentioned therein, this Act shall be of full force and effect ; and thig Act shall accordingly thenceforth have full force and effect. -4*. «■ #9 V^ I \\ f Cap. 87. m 8i Vic. FroMuble. Declaratory. Incorporation. 36 VICTORIA, CAP. LXXXVII. An Act to incorporate the River St. Clair Railway Bridge and Tunnel Company. [Assented to Uth Jwne, 1872.] WHEREAS the Canada Southern Railway Company and the persons hereinafter named, Directors of the said Company, have petitioned for power to build a Railway bridge across, or a tunnel under the River St. Clair, aa may be found most suitable, at some point in the Township of Moore, in the County of Lambton, and for the incorporation of a Com- pany for that purpose, and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons oi Canada enacts as follows : — 1. The River St. Qair Railway Bridge and Tunnel is hereby declared to be a work for the general advantage of Canada. a. Milton Oourtright.of the City of Erie in the State of Penn- sylvania, John F. Tracy, of the City of Chicago, State of Illinois, Sidney Dillon, of the City of New York, WiUiam A. Thomson, of Queenston, in the Province of Canada, Oliver b. Chapman, of the City of Canton, in the State of Massachusetts Daniel Drew, of the City of New York, WilUam L. Scott, of the City of Erie, John Ross, of the City of New York, and Benjamin F. Ham, of the said City of New York, together with such persons and corporations as shall underthe provisions of this Act become shareholders in the Company hereby incor- porated, are hereby constituted and declared to be a body corporate and politic by the name of " The River St. Clair Railway bridge and tunnel Company ; " ard the said Company shall have full power and authority to purchase, acquire, take and hold such lands, lands covered with water, beaches and other property as may be necessary for 'I T.irpose of con- structing the said bridge or tunnel, or for the , ./uvcoient usmtr of the same, and also for the constructior ■ ' '^ inch Ra.i way not exceeding three miles in length, as may be necessary to approach the said bridge or tunnel. RaUwayAct 8. "The Railway Act, 1868" is hereby incorporated with incorpoKtwl. {>us Act, and shall form parfc hereof and be construed there- with a:, forming one Act. 4. The Company hereby incorporated shall have full power under this Act to construct, maintain, work and manage a ** Rauway Corporate name and powers. Power ttf '-."<& struct brida? or tfUuuG}. St Vic. Railway ipany and f the said Railway 18 may be of Moore, of a Com- the prayer 1 with the mmons ox il is hereby Danada. be of Penn- 0, State of William A. 1, Oliver S. isachvisetts, L Scott, of York, and k, together J provisions reby incor- be a body r St. Clair d Company quire, take leaches and ose of con- nient usint^ inch Raii ! necessary irated with trued there- 5 full power d manage a Kailway 1872. 109 Cap. 87. Railway bridge across, or a tunnel under the River Si Clair, as may be found most suitable for railway purposes, from some point in the Township of Moore, in the County of Lambton, towards the City of St. Clair, in thu State of Michigan. 5. The Company are hereby authorized to work trains by Powertowork steam or horse power, for ,cal passengers and freight traffic i'J?*,"* •*^'* between the State of Michigan and the County of Lambton, tmSl."' over the bridge or througli the tunnel hereby authorized to be constructed, and to connect the said trains with other railways. «. The persons named in the second section are constituted Provisional the B^mrd of Provisional Directors of the said Company, and Wrectow. sh«ll holn oflSce as such until the first election of Directfirs un- der this Act ; and shall have power and authority, immediately aftor the passing of this Act, to open stock books and'procure subscriptions of stock for the undertaking,— giving at least four stock boolu. weeks previous notice by advertisement in the " Canada Oazette,' of the time and place o: their meeting to receive sub- scriptions of stock and the said Provisional Directors may cause fiurvevs and plans to be made and executed, and may acquire Plans and »ur- any plans and surveys now existing, and it shall be their duty, ^«y»- as hereinafter provided, to call a general meeting of share- holders for the election of Directors. 7. No subscription of stock in the capital of the said Com- Subscription, pany shall be legal or valid, unless ten per centum shaU have °f »t°«k and been actually and bona fide paid thereon within five days *''"*'"''°*- after subscription into one or more of the chartered Banks of Canada to be designated by the said Directors ; and such ten per centum shall not be withdrawn from such Bank, or otherwise applied, except for the purposes of such Railway bridge or tunnel, or upon the dissolution of the Company from any cause whatever, and the said Directors or a majority of them may, in their discretion, exclude any persons from subscribing who in their judgment, would hinder, delay or prevent the said Company from proceeding with and completing their under- taking under the provisions of this Act ; and if more than the whole stock shall have been subscribed, the said provisional Directors shall allocate and apportion it amongst the subscri- bers as they shall deem most advantageous and conducive to the furtherance of the undertaking; and in such allocation the said Directors may, in their discretion, exclude any one or more of the said subscribers if, in their judgment, this will best secure the building of the said Railway bndge or tunnel 8. All shareholders in the said Company whether British All Bharehoid- subjects or aliens, or residents in Canada or elsewhere, shall •" *? ^*J^ have equal rights to hold stock in the said Company and to *^"*' "»''** vote in the same, and to be eliffible to office in the said Comnanv »i I Cap. 87. 110 25 Vic. !i mmm I's Capital and shares. Increase. It. The capital stock of the said Company shall be five hun- dred thousand dollars, divided into five thousand shares of one hundred dollars each, with power to increase the same to one million of dollars. . Annual gen- eral meeting. First meeting 10. So soon as two hundred thousand dollars of the said o^shnreholders gj^pl^l g^Qp]^ shall have been subscribed as aforesaid, and ten ^cersT ' per cent, bona fide paid thereon and deposited in one or more of the chi» vteied banks of Canada for the purposes of the Com- pany, the hereinbefore mentioned DiVectorx, or a majority of them shall call a meoting of the shareholders of the said Com- pany at such time and place as they may think proi)er, giving at least two weeks' notice in the Canada and Ontario GazeUes : at which meeting the shareholders shall elect nine Directors from the shareholders possessing the qualifications hereinafter men- tioned : which Directors shall hold office until the next annual meeting of the shareholders as hereinafter provided. 11. The annual general meeting of the shareholders for the election of Directors and other general purposes shall be held at Amherstburgh or elsewhere, as may be appointed by By-law, on the first Wednesday in the month of June in each year ; and two weeks' previous notice thereof shall be given, by pub- lication as provided in the last preceding section. Qualification IS. No person shall be elected a Director of the said Com- of Directors, ^^^^y unless he shall be the holder and owner of at least forty shares in the stock of the said Company and shall have paid up all calls made thereon. Calls. 18. No call to be made at any time upon said capital stock Limited liabil ^^^^^ exceed ten per centum on the subscribed capital ; and no ity. stockholder shall be lialile for the debts or obligations of the Company beyond the amount unpaid on any stock held by hira. Power to bor row money and mortgage works. 14. It shall be lawful for the Directors of the said Company after the sanction of the shareholders shall have been first obtained at any special general meeting to be called from time to time for such purpose, to borrow money to an amount not exceeding six hundred thousand dollars upon the corporate bonds of the said Company secured by a mortgage or mort- gages upon all or any part of the property of the Company, real and personal and then existing or at any time thereafter acquired, and upon all the rights, revenues and franchises of the Company ; and such bonds may be for any term of years not exceeding thirty, and may bear interest at the rate of ««ven per centum per annum, and may be sold or disposed of Vjy the Directors at their uiarketable value. 15 1872. Ill \ Cap. 87. Iff. The Company shall have power w become oartiea tn r cue hundred dollars ; and any such promissory note mftdn nr *" i"^n'>«ory endorsed, and such bill of excLnge drSwn. accented o^ eritoJ ""^^"^ by the Pr^ident or Vice-President of the Company and coun- temgned bv the Secrot,u-y and Ti^ui^r. andVndei the SnSfn'ill: r^''''y "^ '^.^"*'^"'" «^ *^« bireoCrhall be nf.Zii ^oniP'^ny : and every such promissory n^te or bill or vTce-pSnt' ^T' '''T'^^ '' ^"^^^^^ ^^ ^^« Preside' fhP S^^rfiT 1 rr *^^® '''''^ Company and countersigned by he Secretary and Treasurer, as such, shall bo presumed to have " been properh^ made, drawn, accepted or endorsed. JSec^ema; case shall It be necessary to have the seal of the Comimnv aftixed to any such biU of exchange or uromissor^ noTe' nm- shall the Piusident, Vice-President or &cret.iry^and Trea surer of the Company so making, drawing, accepting orendors- snlitof^r^-^T'r'^^"'^'^ bill of exchingeVe trereby fcsttSt^'nT^^^^ '''r' ^t^ ^^"^-«^: Provided Proviao U rrid ?t n^fn^v f • '''^'°" '^'"'" b" construed to authorize tlie said C(jmpany to issue any note payable to bearer or anv 16. The said Comnany shall not commence the said bridLTo i>ia„«f i o.- tunnel or any worlc thereunto appertainhg, until he Com! HS^al I'Hny shall have submitted to the Governor in^'Council iSnnnf ^^ "'"•"T such bridge or tunnel and of all the intended wX the Zto """" appertommg, nor until such plans and the site of such brXe or tunnel shall have been approved by the Governrhi c3cH -UKl such conditions as ho shall have thought fit for the 3^^? ynod to impose touching the said bridge or tunnel and works uUl have been complied with; nor thall anysucirpirbe mission of the Governor in Council, and upon such conditions aa moe suitable than r. tunnel, such bridge shall be constructed so '^-'iV l'" ^e- a ot ma emlly to obstruct the «avigation of the Tvei St ' "^ ""• Clair ; and he said bridge shall have two draws in the ni,dn ilf nn'^rT'''^^!?^^'"'' ^^'^^^ «'»^" e'^^'^ b« >f ho fTee and n r^J^ ^^^ ''^*>' ^'^^' ^"^^ ^^^'^^^ otherwise give tree and unobstructed p.,asage to vessels of every descriotion S thf seZn' t"^ -^1 ^'--i^ <^raws shaff at alfTimes IW. auung the season of navigation be kept open excont wli.n, actually required to be closed for the p Jage EaHway trT n S Com^t^™ ""' J?^?^ ",°^ "^^^^^^ ^' ^1- expel "S saitl Company so as not to hinder unnecessarily the uassaffo of -Q..,». ,,n«ii Ete maiiiuuned upon the said bridge «3 iJSwr Cap. 87. / 112 36 Vic. Lights to be kept up during the construc- tion of the Bridge. Proviso : for consent of (Jovernor to commence- ment of works, Steam tug. . bridge to guide vessels approaching the said draws ; and for as- sisting the passage of any vessel through the said draws, the said Company shall at all t^mes keep in readiness a steam tug suitable for towing the said vessels through the said draws, and shall tow all the said vessels through the said draws respec- tively, whenever requested so to do by the officers of such ves- Damages for sels without charge ; and the said Company shall be liable to neglect. p^^y j^j^g owners of any vessel, or the cargoes or freight thereof, all damages they may respectively sustain by reason of any Regulatioils. neglect of any of the foregoing provisions, and the use of the said bridge shall be subject to such regulations as shall be from time to time apnroved of by the Governor in Council. IT. It shall be the duty of the said Company, during the construction of such bridge to put up and maintain, in the night time during the season ofnavigation, a good and sufficient light at each end of any coffer-dam or pier, which may be erect- ed by the said Company (the said light to be placed at least five feet above the said dam or pier) and also such buoys during both day and night, as may be necessary for the guidance of persons navigating the said river ; Provided always that before commencing the works of the said bridge or tunnel, or taking possession of any part of the beach or land covered with water or other property of the Crown, the Company shall obtain the consent of the Governor in Council, who may impose such terms and conditions as he shall think proper before granting permis- sion to commence the works or take possession of any pro- perty of the Crown as aforesaid ; and provided also that the navigation of such river shall not be unnecessarily obstructed by such works. Provision in 18. Whenever it shall become necessary, for the purpose of case more land procuring sufficient lands for stations or gravel pits, or other qSd to keep purposes, for constructing, maintaining, and using the said has to be pur- bridge or Tunnel, to purchase more land than is required for chased, ^^^^ stations or gravel pits or other purposes, the said Company may purchase, hold, use or enjoy, such lands and also the right of way thereto (if the same be separated from their bridge or tunnel) in such manner, and for such purposes connected with the construction, maintenance or use of the said bridge or tun- Company may nel, as they may deem expedient ; and shall sell and convey eeli the same, ^^e Same, or parts thereof, not permanently required for the use of the bridge. Agreements 19. It shall be lawful for the said Company to enter into with Railway g^^y agreement with any Railway or Railroad Company or SreTbridge Companies in the Dominion of Canada, or in the United States or tunnel, of America, for leasing the said bridge or tunnel, or the use thereof at anv time or times, or for any period to such Railway or Railroad dompany or Companies ; or for leasing or hiring from 1872. 113 Cap. 87. o^TarnhL";? ^^^^^^ -y railwa, or railroad any locomotives, tender' orTov; "k/"" ^^' ^''^^"^ ^^ firing raUy to make any ^eement nv ^^' P'^P"'^^ ' ^^'l gene? ComnanyorsuchCom^uLTtouchTnX'^'K' ^^^^ ^^>^ «"«J^ or otUrs, of the bridge or tunnel -^^ ^*^^^"' raili^ad, or railroads, or moveab' 2^^:11.^'''^%'' «'• of them, or any part thereof m.*Pu-^ ®' ^^^^^^' ^^ of any rendered by the oCcoS to fhr.*^^^^ any service to l^ compensation therefor jTnianvsuoh ™ 'l '' °' "*^T' ^"^ *»^e pany or Companies may ac/reeTr f L f %^.' ™^^«ad Corn- may subscribe to aybSp ?L ''^'' of its credit to, or Company hereby created in it '''^''^^ °^ ^^^ «<^ock of the as individuals, ^anTanv'^i^; ^=^'^"«'' ^"f andean vPn ^^"^ ^^^oxding to executing such lease shallL'««^ • ^ Company accepting and the right! and P^vii:Sh^^^^^^^^^ -rc4 all and read/ for* traffic^ au'tS of Iff p^^-f'^""^^ ^' completed AU railway terminating at or near said briZ or tun^^^^^^^^ «/;«f roads S?^,^^^ Michigan at or near some nn nf^ <^".nnel or ^ the State of cross without tunnet and now consSero/ heSe'r to' b "' '?'^^ ^^''^'~- (mcluding the cars of any other T?S«!n ^^ constructed, be brought, over suchTailwav.f 1 ii\ ""^.^^^ over '.hisaid bridgHr th3 L'Jf ^T *^^"^^* ^ P^« tarift rates for the^ persons and ni^ tunnel, at corresponding no discrimination in^Sff rates CTl ^^°«P«^<^«d' «« that be made in favour of or al^su^^^^ transportation shall trains or business Jii over/he L^'k^'-T "' ^^^''^^ ^^^^^ tunnel. ' ® ^^'^ ^"^ ^"^ge or through said trains or business shall pass thm„„f i^^-^ whose ^^se of disa- hereby authorized to bl Strucfced^ or'th'T 't '^'^ work '^-"-*- charged in respect thpiW +i! ' , *"^ tariff rates to be arbitrators, one^tfbr^ipli^rTi? '^^ ^^ determined by Porated, and another by^eCoJS'.nv' ^T^l^^^ ^'''^y ^^^^^^ ment shall have arisen and a tS7 T^V^^T *^" ^^^^g^ee- experienced in railway affairs) bv' 1^ .'^.f ^' '""^^ P^r««" of the Province of oXrio SnYnn^ .-^ *^?^ '"P^"^^ ««"rt« notice thereof havin. bel Pive?^^r!^^ to such court, due and the award of the°said ArSI, f ^^^ ^^""^'^^ interested; shall be final: P wild thaTt^^^^^^^^^ ^^^ f, "majority of them not bind for a long^Jtr^n fit:7elrl ''' ^"' ^"^^^^ «^-" ^^^ *3. It shall bf> lo^irfni ^-(p .»] • J — gamate and consolidate its stock 'pmn'^rH?'''! J"" "^^*^"' «'^^- ^"^«'°f «>'»■ « sDocK, property and franchises with p*"^ *» »°«>l- ,"' gamate with the Cap. 87. 114 35 Vic. another or others. Proceedings in such case. the stock property and franchises of any other company incor- norated or which may be incorporated by the laws of the Stat^ S Michi^rone of the United States of America, for a similar nurooseS thfs Company, and to enter into all contracts and Sreri therewith necessary to such union and amalgama- £-and which said Company shaU be by the laws of the State of Mich^a^ authorized to enter into such amalgamation or con- solidation. aa The Directors of the Company hereby incorporated and of Inv corporation proposing t^ so -^-^^^^^'1"^''^^:^. as aforesaid, may enter into a joint agreement m duplicate un Ser the corporate seal of each of the said corporations for the amalgamati'o u and consolicktion o the ^f ^^P^ Jc^^^ scribfng the terms and conditions thereof, the »k^^^^ f^^^^^^^^^ Jlr Lf name of tt SVrs and other ofilcers thereof rSd whoshaUbe the first Directors and officers thereof, and ?heir Places of residence ; the number of shares of the capital .Zi Wamount or par value of each share, and the manner ?f comttiTthe^c^^^^^^^ «tpck of each of the said corporations • f?. ?h«T ofthe new corporation ; and how and when and for WW Directors o? other; officers of such new corporation sh%t fleeted^ a^^^^^ elections shall beheld; with such Sr detSis they shall deem necesstiry to perfect such new miration Tnd the consolidation and amalgamation of the sXorpo?ations, and the after management and working the e- of and such new corporation shall have power to consolidate or'unit wtth either 'or any of the lines of -ilway havm^^ nowers of consolidation or union, connecting with the said Ee or tSnnel, by the same means and to the same ends as the same may be consolidated by this Act. Agreement to «4. Such agreement shall be -^'-^ted to ^^^^^ bf submitted f -u of the Said corporations at a meeting thereot, to ue neia to stockholders ot eacn 01 ^"« ,,„,.;)0se of taking the same into considera- .orapproval. ^^'Scf oftheS aid ^^^^^^^ ^f such meetings, and the Set thereof. shaU be given by written or F^ted notices a^^^ dressed to each of the persons, in whose names at the time o aiW such notice the capital stock of such corporations shall SJnK the books of suih corporations, and delivered to such nereis rtspecJwey or addressed to them by mail at their last Tnrn post office address or place of residence; and also by a aS notice to be published in a newspaper pubhshed in 1j^ hZnt of ilmbton, and in the City of Detroit once a week f^ two successive weeks. At such meetings of stockholders sud agreement shall be considered, and a vote by ballot taken for XSn or reiection of the same, each share entitling the f.?l'"^iereof^^^^^^^ vote; and the said ballots to be c^t in person or by proxy, and if two-thirds of tne votc^^^^^jL^^th.^ 35 Vic. )any incor- )f the State )r a similar itracts and amalgama- jf the State ion or con- porated and consolidate aplicate un- ions, for the tions, — pre- of carrying loration, the cers thereof, thereof, and ■ the capital the manner corporations hen and for ' corporation ; with such jct such new ation of the jrking there- consolidate Iway, having ith the said same ends as stockholders 3of, to be held ito considera- ings, and the d notices ad- t the time of orations shall vered to such il at their last and also by a Wished in the ice a week for kholders such t taken for the entitling the s to be cast in stockholders 1872, 115 Cap. 87. sP^ereft,rn ^Sf^t '^J'^ f' ^^^^^^ ^f the said duplicates by the 8ecSL^%'^^^^^ each of tions under the corpomte geirtW^? "^^5 «"«h corpora- ment shall be so adopted af%^f^^^^ ^^^ '^ ^^^ ««^d aUe- stockholders of each of^he said eorn?P?*'^' "^^^^^"^« «^t»^« oates of the agreement so IZ^^^^^^^^ ^"^^^ ^^e dupli- thereon shall be filed in the Xe ofThl « ^!'^'*^ ^-^ificates the Dominion of Canada andThln;! • ^^T^'y «^ ^^^^^ for veiary of State for the sC of m^Vm' ''^ *^' f^'' ""^ *^« S^c- ment shall from thence be akenanlr ' "f? *t^ '^'^ ^^««- ment and act of consolidation ^n^ T"^*^ *^ ^ *^« ^iree- pany and of such Xer o^p^r^^^^^ of the 61- agreement so filed, and Tf the KfiZ* ^?^ ^ "^^P3^ ^f such t^fied, «J^;'i ^evidence oftS^Sfn?^^^ provided, the se^S cornl^^^^^ ^'^- deemed and taken to be 7nSa?ed ^an^t f "^^' ^^^" ^^ tion by the name m the said «mSf ' ? *"" ^""^ ^^« corpora- monseal; and shaH possels aTthr''-^ T^^^^^' ^^*^^ ^ and franchises, and be^subject to all f h?^-'' f T?^' P^^^^^g^^ "fifpSr--"-"^^^^^^^^^^^^ ^ things in action belonX to su -h ^'^'^ T""^^' ^^^ other them, shall be taken and^LZd f^rT^''^'' °" ^^^^^^r of vested in such new cornar.Tr. -1^ ^^ transferred to, and Provided, however, thaELhte"^^^^ '''' '' ^^^■^ the property of either of sLTLrpo^^^^^^^^^^ ^^«"« «Pon P-iso. by such consolidation; and all dS l^ Avf" ^' ""impaired either of the said corporXnis s£ll fhi^^^^^^ ^^^ ^"^^«« «*" new corporation, and be enfold 1 .^^f Pf {orth attach to the as if the said debts, Habillt e and f S I* *.\*^' ^^"^^ ^^^ent contracted by it : AndZv deS If "V^! ^^^ ^^^^ ^"'^"rred or mg, legal or%uitable,^bror 1^^^^^^^^^ or proceed- ProV.. consolidated, or either ofVemsSfA„f ^'''P°'^*^°" «« such consolidation, but forairtht Iv ' ^'. '^^ ^^^«ted by proceeding such co^porLion mi vll?if'°'? ^*^ '"^^ ^^tion or new corporation ma^be substituted t"'"''! ''^^^•*'^ ^^^«*' ^^ ^^e 'ng in the place thereof "'^'*'^''*^*^ ^^ «"oh action or proceed- f.filV^.^^'^^^ »ew corporation shall h«vo ..^„> . ._ ,. • ■ ^•^'®' ^" sorrow such sums of money "as m^viT^ time New corpora- iiiuiiey as may be necessary i^°^ ™ay J borrow money. IP"-* I?* !4l ,t 1 ^^ B- -j^^H ^^ ^I^^^^H pp -'^^^1 Si- . ■■■■ HH I^^H Cap. 89. 116 36 Vic. for constructing and completing the work hereby authorized, and for the acquiring of the necessary real estate tor the site thereof and approaches thereto, and tomoTtgage Its corporate pro- perty and franchises to secure payment thereof ; but the principal S the mortgage debt of such corporation shaU not at aiiy time exceed thelum of one million two hundred thousand dollars. Vote.. 98 At all meetings of the stockholders of the Company hereby incorporated, each stockholder shall be entitled to cast one vote for each share of stock held by him. and to vote ProxieB. either in person or by proxy ; and the I)irectors of the swd Company may also, at jmy meeting of the Board, vote by ProvuK.. proxy, sJch proxy to be held by another Director = provided that no more than two proxies be held by one Director, of the other Directors, and not less than four Directors shall be present in pei-son at any meeting of the Board of Directors for the transaction of business. Time for com- ^ One hundred thousand dollars of the stock of the smd meiicing and Company shall be paid within two years ; and the works snau 3 aied. be commenced within two years and completed withm six years from the passing of this Act. Act to come 30. This Act shall have no force or effect until dulj certified into force by copies of any Act passed by the Legislatuie of the btate ol IZ^Z Michigan, incorporating any Company for objects^ s^^^^^^ things are done those contemplated by this Act, and of any Act ot (congress beLT* of the Uidted States conferring necessary powers m respect ol the same, are filed in the Department of the Secretary of State for Canada: upon which the Governor m Council may by Proclamation order that from and after a day to be mentioned therein, this Act shaU be of full force and effect ; and this Act shall accordingly thenceforth have full force and etiect. 36 VICTORIA, CAP. I.XXXIX. An Act to amend the Act incorporating the Detroit River Railway Bridge Company, and to change the name of the Company to " The Detroit River Rail- way Bridge and Tunnel Company." [Assented to 23rd May, 1873.] WHEREAS Milton Courtright and other provisional di- rectors of the Detroit River Railway Bridge Company have petitioned for such an ameudment to their ^..ct ot mcor^ 8- The chase, acqi 36 Vic. autliorized, for the site )rporate pro- the principal at any time md dollars. le Company libled to cast and to vote of the said ird, vote by )r: Provided rector, of the all be present jtors for the k of the said 3 works shall [ within six duly certified the State of ;ts similar to t of Congress in respect of 3tary of State icil may by be mentioned and this Act effect. X. the Detroit change the Elver Rail- rovii-ional di- idge Company f incor- porati on 1873. 117 Cap. 89. Act and of the .mid petofon The«wX'*M '"V" T"' '^'' P'^y'' panyr is hereby repeal ^'''' ^^'^^^^^ ^''''^' ^^- row undtr^r f"''*7^il'' ^^^ P'^^^P^^y ^« authorized to bor- ia hereW%'^;rd1o\wn ^^^^^^V^^?'^"^^^^ «'" *^« '^^ A.t sixyear^fortLoo^ iT- ^^^"^ ^^^ *^^ commencement, and CoC^y/LLnhTp^^^^^^^^^^^^ ^^ ^^« -^« of the chaae "a^^uirf Cv*^ ""^ l"f7^?"^ power and authority to pur- oa^e, acquire, take and hold all such lands, lands covered with water, I3&SIP Cap. 92. 118 86. Vic. water, beaches, and other property as may be necessary for the purpose of constructing the said bridge or tunnel, and working the trains in connection therewith, or for the convenient using of the same, and also for the construction and using of such branch railway, not exceeding four miles in length, as majr be necessary to make connections or to approach the said bridge or tunnel, and to use any of the public highways for the pur- pose of constructing and working the same or any of them, with the consent of the Municipal Council having jurisdiction over such highway. 9. If the Company build a railway bridge instead of a tun- nel, they shall have power to constructaspart of or in connection with the same, a passage floor or way for horses, carriages and foot passengeis, and they may make the same either during the construction of the said railway bridge or at any time after the the completion thereof, and in the event of their electing to construct such foot bridge, they may make, amend, repeal, re- enact and enforce all such by-laws, rules and regulations as shall seem to them proper and necessary, as to the manage- ment, control and use thereof, and as to the tolls and fares to be received and charged for passing over the same. 36 VICTORIA, CAP. XCII. An Act to amend the Act incorporating the River St. Clair Railway Bridge and Tunnel Company. {Assented to 2Srd May, 1873.] WHEREAS Milton Courtright and other provisional direc- tors of the River St. Clair Railway Bridge and Tunnel Company have petitioned for a repeal of the thirtieth section of the Act passed in the thirty-fifth year of Her Majesty's reign, chaptered eighty-seven, intituled, " An Act to incorpo- rate the River St. Clair Railway Bndge and Tunnel Company, and for other amendments to the said Act, and it is expedient to grant the prayer of the said petition : Therefore her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : 1. Section thirty of the Act passed in the thirty-fifth year of Her Majesty's rei^n, chaptered eighty-seven, intituled, "Av j^^l f^ l^povvorate. the River St, Clair Railway Bridge ana Tunnel Company" is hereby repealed. 86. Vic. ?sary for the tind working enient using sing of such y, as majr be ) said bridge for the pur- iny of them, r jurisdiction jad of a tun- in connection carriages and ler during the time after the ir electing to id, repeal, re- •egulations as the manage- 8 and fares to 1873. 119 Cap. 92. le. the Eiver St. ipany. ovisional direc- dge and Tunnel birtieth section Her Majesty's id to incorpo- met Company" it is expedient ore her Majesty, nate and House ,hirty-fifth year intituled, " Av mv Bridge and ». Section twenty-nine of the said Act is hereby amended bjy extending the time for commencing the works of the said Lompany to two years, and for completing the same to six years, respectively, from the passing of this Act. n 1 ?■• ^^ ly to The Intercolonial Railway to be constructed under the authority of the Act of the Parliament of Canada, passed during the present Session, and intituled : An Act respecting the construction of the Intercolonial Railway, so far as they are applicable to the undertaking and in so far as they are yot inconsistent with or contrary to the provisions of the said Act respecting it : 2. The said sections shall also apply to every Railway here- after to be constructed under the authority of any Act passed by the Parliament of Canada, and shall, so far as they are applicable to the undertaking, and unless they are expressly varied or excepted by the Special Act, be incorporated with the Special Act, form part thereof, and be construed therewith as forming one Act. 3. For the purpose of excepting from incorporation with the Special Act any of the sections forming Part First of this Act, it shall be sufficient in the Special Act to enact, that the sections of this Act proposed to be excepted referring to them by the words forming the headings of such sections respectively shall not be incorporated with such Act, and the Special Act shall thereupon be construed accordingly. 4. 4. 1868. 121 Cap. 68. shall IlnlvTlr'T r^^'rV« ^t ^^w Act, bein^ Part Second, To wh.t Rail- Hnaii apply to the Intercolonial Railway, in so far as thev are ^'^y'! ^*'« "*»»" not varied by or ncf)nsi«f..nf u^in, *i a • V " , "'^^ ^'^ vr<>vv,\ou» <,; it to all R«jCo,; '"^*'"?^«t«»i*' ^'th the Special Act respect ng thL, Act»h.ii ment of cTZil " mk" '^"'*'' ^^ construction by the doyem^ ''•'i''y- TnBo L^ttl t'^^ I'foP^'ty of the Dominion of Canada, m so tai aa they are not inconsistent with any Special Act rs?Sd'rd/".r"^^t'^""T ^^>«^ -jSTereaft he S Lnf f n ^"^«"ty «^ «ny Special Act passed by ncn,^?niL 1 ? if •^^''''^''' '^"^^ **^ ^" Comr-anies hereafter incn.porated for their construction and workimr. PART FIRST. •Vlil*-, sent of the , enacts as the exprea- I to section 3 Act, shall cted under ida, passed ' respecti7ig far as they liey are yot he said Act ilway here- Act passed IS they are •e expressly ed with the herewith as )n with the of this Act, the sections lem by the tively shall il Act shall INTERPRETATION. Shdi be C^ottST''^'' '■'^^''' ^r^*^' ^'^"' ""''^ i" this Act, rnterpreta. •snail be construed to mean any Act authoriziue the constmp "»" "f «'«'-<^* tion of a Railway, with which "this Act is incoI^oraLd! '^i^'"^'' 2. The word '* prescribed," used in this Act in reference to ..p u . mYttrt'''.^''''' ■^*'''^' ^^"'^ be construed to ret Tsuc^ ^"""•'^' ' matter as the same IS prescribed or provided for in the Spe- cial Act; and the sentence in which such word occurs shaH be construed as if, instead of the word " prescribed "he expre bylihlsDZlT/r "^^ti!"^'^'''^' '^h^" "^^'^n the lands which •TheLand.' ptpte tCi^^^^ "' ^"''^"^^^ '' "^ ^^-" - --^ for the 4. The expression " the undertaking " shall mean the Rail- -tk , TuTh^ntrtoWe' wh^^eyer description, by the 8,^^^,.^^^- theitr.f^t7'''^^7l^^' *?^ expressions, both in this and In this and the jne opec^di Act, shall have the meanings hereby assigned to ^P^*'*^ A*'- narCrh '^''V''r''^i''^ ^^ thesutjectorcLtSpug. nant to such construction, that is to say ; ^^ uaL^andlT^.l^^^.'^^'u'^^^^"^" ^" ''^^ ''^^^' mess- -Lands. • uages, lands, tenements and hereditaments of any tenure ; ^^7. The word "Lease" shall include any agreement for a»Uase. 8. The word "Toll" shall include any rate or charffe or"Tnii' any Sr"' ^'^'t '''"^'' ^^^^ ^«* ''^^' SpeciaflTfo tS^,'^;fr:J'^^±''J^\^^'' good«. merchandrse. matters or "•a" '-onvcjrcvi uu mu rwiuway j 9. la I is Cap. 68. 122 81 Vic; "Good*" 9. The word "Goods" shall include things of every kind that may bo convoyed upon the Riiilway, or upon Steam or other vessels connected therewith ; "County." 10. The word *' County " shall include any union of Coun- ties, County, Riding, or like division of a County in any Pro- vince, or any division thereof into separate Municipalities in the Province of Quebec ; "Highwftyf.." 11. The word "Highways" shall mean all public roads, streets, lanes, and other {mblic ways and communications ; "Sheriif." 12. The word "Sheriff" .shall include Under Sheriff', or other legal competent Deputy ; nnd where any matter in rela- tion to any lands is required to be done by any SheriflC or Clerk of the Peace, the expression " the Sheriff"," or the expre.ssion ^ Clerk of the " Clerk of the Peace," shall in such case be construed to mean the Sheriff" or Clerk of the Peace of the District, County, Riding, Division, or place where such lands are situate; and if the lands in question, being the property of one and the same party be situate not wholly in one District, County, Riding, Division, or place, the same expression shall be construed to mean the Sheriff or Clerk of the Peace of any such District, County, Riding, Division or place where any part of such lands are situate ; Peace.' "Justice,' " Two Justi- ces," " Owner.' 13. The word "Justice" shall mean a Justice of the Peace acting for the District, County, Riding, Division, Guy or place where the matter requiring the cognizance of a Justice arises, and who is not interested in the matter ; and where the matter arises in respect of lands being the property of one and the same party, situate not wholly in any one District, County, Riding, Division, City, or place, the word "Justice" shall mean a Justice acting for the District, County, Riding, Divi- sion, City or place where any part of such lands are situate, and who is not interested in such matter ; and where any matter is authorized or required to be done by two Justices, the expression " two Justices " shall be understood to mean two Justices assembled and acting together ; 14. The word " owner," where, under the provisions of this Act or the Special Act, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, shall be understood to mean any Corporation or person who, under the provisions of this Act, or the Special Act, or any Act incorporated there- with, would be enabled to sell and Convey lands to the Com- pany ; 16. 31 Vie. every kind ti Steam or m of Coun- n any Pr<»- jipaUties in iblic roads, ations ; Sheriff, or iter in rela- rif? or Clerk expresBion 16(1 to mean nty, Riding, and if the same party ig. Division, ) mean the ct, County, h lands are r the Peace uj or place istice arises, 3 the matter ine and the ct, County, jtice " shall iding, Divi- are situate, where any ivo Justices, 3d to mean ions of this given to the or required understood > provisions rated there- 3 the Co ni- ls. 1808. 123 Cap. 68. or nar*?«„^f^'- '"'r? " Ju' ^"""P^i^y" «^«" ruean the Company " The c«„,. or party authorized by the Special Act to construct the kail- ^y-" way; and wnTw rT'«" ''^h^"'^*^'' ^^'^^ "'^^^ ^^0 Railway "The Ridl- and works by the Special Act authorized to be constructed. *»y" INCORPORATION. h«?>^T.!'^ Company established under any Special Act shall Comoati.. boa bo(y corporate under the name declared in the Special Act •''**»'''•»'«» , t^es nefj" 'f '^ "^'^ f 'I' P^^«^«' P"^i»«g- anSiinmi^^^^^^ l^S^, ties necessary to cairy into effect the intentions and objects of'"^''^f\ n li P ""^ °^^^' ^P""''^ ^'^ ^^^'•^f^'-' '^"'^ ^»""<^h are incident '^"^^"*"' *" pretition aS -^ '''" *'^ expressed or included in " the Inter- POWERS. T. The Company shall have power and authority : Powers. receive of tioLnf InnT ' ^i^"^ """^ ^^''^ ^" Voluntary grants and dona- Torece tions 01 Jand or other property made to it, to aid in the con- ri\' struction, ma,intenance and accommodation of the Railway, but ' oirnXotli; ;''' ^""^ "^^' ^^^ ^^^ p"^p- ^^ -^'^ ^-t^ l«n!J'n^r"7i?"^^' ^""^^r^ ^^^^ «*'^^y Corporation or person any Purchase of land or other property necessary for the construction, mainte- •'^d nance, accommodation and use of the Railway, and also to alie- nate, sell or dispose of the same ; 3. No Railway Conipany shall take possession of, use or oc- occupv Pub- cupy any lands vested n Her Majesty, without the con.sent of iSnir the Governor m Council ; but with such consent any such Com- ^'"m '''''• *'V pany may take and appropriate for the ase of Sr Raiiray .^ ttT^wn , iind works, but not alienate, so much of the wild lands of the Crown lying on the route of the Railway, as have not been granted or sold and as may be necessary for such Railway, i-s 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 re- spective beds, asis necessary for making and completing and using their said Railway and Works, subject, however, to the exceptions contained in the next following sub-section ; mi n^fhf rV*v!'i"''-''^7 ^f *'A' Company to occupy any Aa to lands partot the lands belonging to the Queen, reserved for Naval ''^'""^"^ *" or Military purposes, they shall first apply for and obtain the S:'^^''^'''^- license and consent of Her Majesty, under the Hand and Seal ui tixo Oovemor, and having obtained such license and consent, they fi 'ir wH pl •>KK. 'ho'^^' t» m|| t a ^H »- iMi Cap. 68. 124 31 Vic. h Power to caiTy Railway across lands of Corpora- tions, and others. they 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 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 ; 5. The Company shall have power and authority to make, carry or place the Railway across or upon the lands of any Corporation or pei-son on the line of the Railway, or within the distance from such line stated in the Special Act, although through error or other cause, the name of such party has not been entered in the Book of Reference hereinbefore mentioned, or although some other party has been erroneously mentioned as the owner of or entitled to convey, or is interested in such lands ; And across or 6. To construct, maintain and work the Railway across a ong s reams, gjQjjg^ qj. ^pon any stream of water, water course, canal, high- way or railway which it intersects or touches ; but the stream, water course, highway, canal or railway so intersected or touched, shall be restored by the Company to its former state, or to such state as not to impair its usefulness ; RaUw^^^'^^^h ^" "^^ i^ake, complete, alter and keep in repair the Railway one or*mOTe "^^^h one or more sets of rails or tracks to be worked by the tracks, &c. force and power of steam, or of the atmosphere, or of animals, or by mechanical power, or by any combination of them ; Erect neces- 8, To crect and maintain all necessary and convenient wharves, &(f*' buildings, stations, dep6ts, wharves and fixtures, and from time to time to alter, repair or enlarge the same, and to purchase and acquire stationery or locomotive engines and carriages, waggons, floats, and other machinery necessary for the accom- modation and use of the passengers, freight and business of the Railway ; Branch £laii- 9. To make branch Railways, if required and proAdded by ^*'^' the Special Act, and to manage the same, and for that purpose to exercise all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Railway ; ■^?t^»er 10. To construct, and make all other matters and things thingaleMs- "scessary and convenient for the making, extending and using wry for Rail- of the Railway, in pursuance of this Act, and of the Special ^^^' Act ; 10 convey tWr- 11 T^/^ ^•.oIt'O ^.fHiTiof\ni*f /*oi»i^r on/l /»Amrntr rkAi*qriTia ortfl on Railway; ^^ ^^6 Railway, to regulate the time and manner in whiciB the same 1868. 125 Cap. 68. Sf W?" *^*,««P0^ted, and the tolls and compensation to be paid therefor, and to receive such tolls and compensation ; 12 To borrow from time to time, either in Canada or Borrow mo elsewhere, such sums of money a£ may be expedient fZ^^^ rate of mterest not exceedmg eight per cent. p;r annum ^if.H r\ *^' ^°^^\ »^^^' t^res or othe? secSS ganted for the sums so borrowed, payable either in cur- To issue rency or m sterhng, and at such place or places within }:°»'^' <»«ben- Canada or without as may be deemed advisable, and to seU '*^- the same at such pnces or discount as may be deemed exoe- fhft^A f r'^''*'^' ^""^ ^"^ hypothecate, mortgage or pledge the lands, tolls, revenues and other properties of the Company tor the due payment of the said sums and the interest thereon doUa^s ''' ^^^^''^'''^ '^^^^ ^^ for « less sum than one hundred 13. To enter into and upon any lands of Her Majesty with- To enw „«„ out previous hcense therefor, or into and upon the lands of any Stt'cT" S'Jfr r+? or person whatsoever lying in the intended routi o[w .1 ""^^ ' ^""^ ^"^ ™^^^ «"^^ys, examinations, or To n^ake but other necessary arrangements on such lands necessary for veyrofiS ; ^oh^J"^ 't.K^ he Railway, and to set out and ascertain such parts of the lands as are necessary and proper for the 14. To fell or remove any trees standing in anv woods land«j t ^.^^J^Z^-'' '--'' '' ^^' ^^^tan^-fslx^:^^^^^ Sr.- otiJi ^:^^£-^ rs s^^^jtdTssnier such other Railway, with the necessary conveniences for the^^^^' purposes of such connection ; and the owners of both Railways may unite m forming such intersection, and gi-ant the facilities therefor; and m case of disagreement upon the amount of com- pensation to be made therefor, or upon the point or manner of such crossing and connection, the same shaU be determined bv Arbitrators to be appointed by a Judge of one of the SuperioV Courts in the Province ir. which the point of junction or inter- section IS sitnated ; i- j wi 16. But no Railway Company shaU avail itself of any of the But not with powers contained m the next preceding sub-section withS°"*«??^^^^^^^ tESn^'ri'^ '^' ^f"^^ cLmittel,constitutenrthe«tfe^^^ twenty-third section of this Act, for approval, of the mode of ""^«"«?t %;, ^fl^^'"'''?^''''V"^T^*^?^P'^P°^^'i' ^f which application, notice m writing shaU be given to any other Railwav affected oy bonding the same by mail or otherwise, to the address of the President, I'll fkJ Kw Cap. 68. 126 31 Vic. 11 r President, Superintendent, Managing Director or Secretary of any such Railway Company, and when such approval has been obtained, it shall be lawful for either Railway, in case of dis- agreement as to the amount to be paid for compensation, to jjroceedfor the determination of such compensation as provided in the said sub-section ; Any Railway 17. Any Railway Company may construct a branch or contract ^'^^ branches not exceeding six miles in length from any terminus branch iiaii- or station of their Railway, whenever a By-law sanctioning the ccm^tions'**"* Same has been passed by the Municipal Coimcil of the Munici- pality within the limits of which such proposed branch is situate, and no such branch shall, as to the quality and con- struction of the road, be subject to any of the restrictions con- tained in the Special Act or in this Act, nor shall any thing in either of the said Acts authorize the Company to take for such branch any lands belonging to any party without the consent of such party first obtained ; ^aiiges ma^ 18. Any Railway Company desiring at any time to change line of a Rail- the location of its line of Railway in any particular part for the way at any purpose of lessening a curve, reducing a gradient, or otherwise tain purposes, benefiting such line of Railway, or for any other purpose of public advantage, may make such change ; and all and every the clauses 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 as to the original line ; but no Railway Company shall have any right to extend its line of Railway beyond the termini mentioned in the Special Act ; Stock may be increased : how and on what condi- tions. Provision res- pecting sur- veys and plans. 19. The original Capital Stock of any Railway Company may be increased from time to time to any amount, but such increase must be sanctioned by a vote in person or by proxy, of at least two-thirds in amount of all the Shareholders, at a meeting expressly called by the Directors for that purpose, by a notice in writing to each Shareholder, served on him per- sonally, or properly directed to him, and deposited in the Post Office, at least twenty days ()revious to such meeting, stating the time and place and object of the meeting, and the amount of increase ; and the proceedings of such meeting must be entered on the minutes of the proceedings, and thereupon the Capital Stock may be increased to the amount sanctioned by such a vote. PLANS AND SURVEYS. 8. Plans and Surveys shall be made and corrected as fol- lows : Map and Book 1. Surveys and levels shall be taken and made of the lands of Reference, f.Jirnnorh ivhioh flip Rtiilvrnv is fn nass forrofVioi" w^ifVi a Man nv tents. o~ J '" '" t.-^~i -'-J3--1-— — 1- " contents. Plan 31 Vic. ecretary of .1 has been ase of dis- nsation, to 8 provided jranch or Y terminus tioning the lie Munici- branch is r and con- itions con- ly thing in ce for such he consent to change )art for the • otherwise purpose of and every art of such sed to be ipany shall the termini Company t, but such • by proxy, )lder8, at a )urpose, by n him per- n the Post ng, stating he amount g must be reupon the ctioned by Bted as fol- ' the lands h R. Ma'") or "plan 1868. 127 Cap. 68. H'i Plan thereof, and of its course and direction, and of the lands mtended to be passed over and taken therefor, so far as then asceiiained, and also a Book of Reference for the Railwav in which shall be set forth— ' a. A general description of the said lands ; '' b. The names of the owners and occui)iers thereof, so far as they can be ascertained ; and, 0. Everything necessary for the right understanding of such Map or Plan; ° 2. The Map or Plan and Book of Reference shall be exa- To be exam- ramed and certified by the Minister of Public Works or his >"ed, certified deputy, and a duplicate thereof, so examined and certified, ^slteT" ^" shall be deposited in the office of the Department of Public Works, and the Company shall bo bound to furnish copies of such Map or Plan and Book of Reference or of such parts thereof as relate to each District or County through which the railway IS to pass, to be deposited in the offices of the Clerks of the Peace for such Districts or Counties respectivelj . 3. Any person may resort to such copies, and make extracts Access to or copies thereut, as occasion requires, paying to the Clerks of <^'°P'««- the Pe^ce, at tlie rate of ten cents for every hundred words • 4. Such Map or Plan and Book of Reference so certified, or Certified a true copy thereof certified by the Minister of Public Works "^^^^^^ *" ^'^ or by the Clerks of the Peace, shall be good evidence in any' "'"^"'''"• Court of Law and elsewhere ; 6. Any omission, misstatement or erroneous description of Amissions or such lands, or of the owners or occupiers thereof, in any Map ^^fn'*?^ or Plan or Book of Reference, nfey, after giving ten days' notice ''""'*• to the owners of such lands, be corrected by two Justices on iipphcation made to them for that i)urpose, and if it appears to them that such omission, misstatement or erroneous description jirose from mistake, the Justices shall certify the same accord- ingly; 6. The certificate shall state the particulars of any such Certificate omission, and the manner thereof, and shall be deposited with [hS the Clerks of the Peace of the Districts or Counties respectively in which such lands are situate, and be kept by them along with the other documents to which they relate ; and thereupon such Map or Plan or Book of neference shall be deemed to be corrected according to such certificate ; and the Company may niake the Railway in accordance with the certificate ; Cap. 68. 128 81 Vic Alterations from original flurvey. 7. If any alterations from the original Plan or Survey art- intended to be made in the line or coikrse of the Railway, a Plan and Section of such alterations as have been approved of by Parliament, on the same scale and containing the same particulars as the original Plan and Survey, shall be deposited in the same manner as the original Plan, and copies or extracts of such Plan and Section so far as they relate to the several Districts or Counties, in or through wliich such alterations have been authorized to be made, shall be deposited with the Clerks of the Peace of such Districts and Counties ; Railway not 8. Until such original Map or Plan or Book of Reference, oi cee^f^with *^® plans and sections of the alterations, have been so deposited, until niap,&c. the execution of the Railway, or of the part thereof affected by deposited. ^jjg alterations, as the case may be, shall not be proceeded with ; Clerks of the Peace to re- tain copies of original plan, &c Copies of ex- tracts. 9. The Clerks of the Peace shall receive and retain the copies of the original Plans and Surveys, and copies of the Plans and Sections of alterations, and copies and extracts thereof respec- tivelj'', and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a ]ienalty for each default of four dollars ; Copies certi- fied by Clerk to be good evidence in Courts. Line not to deviate more than a mile from Plan. 10. The copies of the Maps, Plans and Books of Reference, or of any alteration or correction thereof, or extracts tlierefrom, certified by the Clerk of the Peace, shall be received in all Courts of Justice or elsewhere as good evidence of the contents thereof, and the Clerk of the Peace shall give such certificate to all parties interested when required ; 11. No deviation of more than one mile from the line of the Railway or from the places as^gned thereto in the said Map or Plan and Book of Reference or Plans or Sections, shall be made into, through, across, under or over any part of the lands not shewn in such Map or Plan and Book of Reference, or Plans or Sections, or within one mile of the said line and place, save in such instances as are provided for in the Special Act ; As to errors in 12. The Railway may be carried across or upon the lands of the name of g^jjy person OD the line, or within 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 though some other person is erroneously mentioned as the owner of or entitled to convey, or is interested in such lands ; a person en- tered in a Book of Re- ference. Map, &c., of 13. A Map and Profile of the cojiploted Railway and of the mKtt ^'^ lan ^^'^"^^ ^^ "^glect of competent jurLdTctlonf '' ^^^'''^' ^^"'^ ^^ -"^ Court Jh%fp;7r4"?r^^tf^^^^ 1 7^ ^ riv^<^ on on...;.. purpose by the Minister of P,!ki^ w , ^ ^f ^gnated for that ^^ P»P«r to and signed by the Pre^Lfnf nr P ^'''^'' ?! '^'^^^ ^^ ^^^ified "^ '^^■ e "J me President or Engineer of the Corporation. LANDS AND THEIR VALUATION. 4nlVtw:ot to^ excSiZ^'tr *'^ T-"?^ '' *^« --- - except in places where the Rlfil-^"*^-""^^/^^^"^^ feet Lher^r out mo^ tL^^^ ^^etl^nllr^^^^^^^^^ of the line, or where offsef7«r J l!! Ir W^ *^^^ *^® ^"rface proprietor. depots or fixtu^rire intended fnt'^^^^ ^^«^« «**tions, delivered, and thlTot r^ore that tl T'^^^" ^""^« ^ ^ in length by one hundreT^nd fift^Tar^^^^^ f-. breath the consent of the nerson «iif>,n!^V"^i * breadth, without for depot.. the pla.es at which'such exttXadthT^^^^ ^""t ' ^^^ shewn on the Map or Pkn o- pL^« « .■ ^^^"^ '^^" ^^ «ame may be the,. ascertatL h!T^ ""' ®'f ?."«' «« ^^' ^^ the shall not prevenrsuchexTrbr^^^^^^^^ -^ '"^ '^'""^ it be taken upon thriine shpwn i T- ^^'?^ ^'^^^^ P^^^ided said from such Hne ; ""' "^'^^'^ *^^ ^^^^^nce afore- witbfh';;it^°oVa:^^^^^^^^^ t ir T-^^r- Railwav shall «,.+ J^ "^ i !f ^ ^'^ Canada, taken for the p^^^" •'«'«1» xvctiiway, snau not exceed the ouantitv UmiO • ,{• ^^ "'"*' to be taken, preceding sub-section; quantity limited m the next iministratora. and »ll nt.l,„ .' S™*?^', """tors, executors, *o., „„„»• and on behalf ^ie^Te^trhettnT^' ""' ""^y f" S^i also for and on bolmlf nf Id T ?,™ *"" siocessors, but infant,, iJuT^CZ funatTcs ^d?l ""^ '"P"^'"*' ^•'**«'- persons, seized, posted cJS nte^/rS""^'f' ? '"''^^ ~, sel, or^oonve, unto^^hf ^^ » ro^afi ^I „J:^."'.^«P?'""''yt>»nMtprecedwsnb.««<^.i„„™.r».. >v»™,rs in possession of Glebe lanas in "thVlW^;;";! JSS'jr.:^. 5»l II itjMr Ontario, tain case.. '"MlMll^ m Cap. 68. 130 81 Vic. Kffect of sale under preced ing sub-sec- tion. i-.p r It iiiw I* Ontario. Ecclesiastical and other Corporations, Trustees ol Laud for Church and School purposes, or either EKecutors appointed by Wills in which they are not invested with any pSwer over the real esUte of the Testator. Administrators ol persons dying intestate, but at their death seized of real estate shall only extend and be exercised with respect to any of such lands actually required for the use and occupation of any Railway Company ; 5 Any contract, agreement, sale, conveyance and assurance so made,' under the two preceding sub-sections, shall be valid and effectual in law to ai' ly^^-intfi 9^(1 purposes whatsoever, and shall vest in the Rail inpany receiving the sanae the fee simple in the lands ii. - deed described, freed and discharged from all trusts, res^nctions anu limitations whatso- ever ; and the Corporation or person so conveying, is hereby indeninified for what it or he respectively does by virtue ot or in pursuance of this Act ; .^- 'Ln nf 6. The Company shall not be responsible for the disposition JSS" "' of any purchase money for lands taken by them for their pur- monoy. poses if paid to the owner of the land, or mto Court for his benefit, as hereinafter provided ; 7 Any contract or agreement made by any party authoiized bv this Act to convey lands, and made before the deposit ol 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 may, in the meantime, have become the property ol a third party ; and possession of the land may be taken and the agreement and piice may be dealt with, as if such pnce had been fixed by an award of Arbitrat >rs as hereinafter provided, and the agreement shall be in the } ce of an award ; 8 All Corporations or persons who cannot in common course of law sell or alienate any lands so set out and ascertained, shaU 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 com- promise, it shall be fixed and all proceedings shall be regulated in the manner herein prescribed ; and for the payment ot the said annual rent, and every other annual rent agreed upon or ascertained, and to be paid for the purchase of any Jands, or tor any part of the purchase money of any lands, which the vendor agrees to leave unpaid, the Railway and the tolls thereon shall be Uable and chargeable in preference to all other claims and demauus tnereou wuuwiwcvox, wuv uv^.^. ^--^ — -— © - ^-• Effect of con- tracts made before deposit of map. Corporations who cannot sell, mayagree upon ft n: rent. nxed 31 Vic. ustees of Executors with any itrators of aal estate, ly of such n of any assurance 1 be valid hatsoever, the same, freed and IS whatso- is hereby irtue of or disposition their pur- mrt for his authoiized deposit of the setting B Railway, iame lands, within one id although property of :en and the . price had )r provided, I; imon course ascertained, int, and not and if the lent or com- )e regulated nent of the jed upon or lands, or for I the vendor hereon shall claims and aich charge and 1868. 131 Cap. 68. and liability being duly registered in the Registry Office of the proper District, County, or Registration Divi^on^ f). Whenever there is more than one party proprietor of Rnv a * contract or a^^ement made in good faith with any par^^r •"*"^- parties proprietor or being together proprietors of oneS o i more of such land, as to the amount of compensation for the ame or for any damages thereto, shall be binding as between the i^mammg propnetor or proprietors as joint tenante or tenants m common, and par inkvis ; and the proprLtor or Cf'f ^^"^ ^T '^ ^^'''^' "^^y ^'^^^^ possession of such land, ^r empower the entry upon the same, as the case may be ^ ' Book ^f^'R^trT*^ ^r? ^^' ^'P.°^^* 2^ ^^' ^^*P ^' Pi^ and After one «ook of Reference, and from notice thereof in at least one T^^^^'^ "°«ce newspaper, if there be any, published in each of the Srfcte IWl andpounties through which the Railway is intended to iT^ Stita. application may be made to the owners of lands or to naS °^«'»"»'>*'- empowered to convey lands, or interested in lands whicrmav anf of t'h";'^' ^""^ '^^*!.'^l"^ "^ «^^*^"^^« «r theixe cis^^f any of the powers granted for the Railway, and thereupon agreements and contracts may be made w th such pEs touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in Xh such compensation sha 1 be ascertained, as may seem eredient to of tlr ihl'l/^'n- ^^^T^r^^ent between them or any itHp7«« f n Tf-T '^^'''^ ^'''^ ^«*^««n them ^hall be settled as follows, that is to say : - 1 2. The notice served upon the party shall contain : no«« k, „p. A J • 1 • „ ■, posite party • description of the lands to be taken or of ^h^ ^..^ '^^ ^^a* i* in^^nded to be exercised with regard tty rdltsSr"^"""- ^- ^ declaration of readiness to pay some certain sum or renf d'amtrand!^ '^' '' ^^"^^^^^^"^ ^^ «-^ ^-^-X Sch' the ComnanT ?/ fhP '''ff *\^' ^^^^^"^'^ ^« ^^e Arbitrator of «k!ii I? '^ ^' ^^^Y ^f^"" ^® ''o^^ accepted; and such notice shall be accompanied by the certificate of a s^orn Surveyor for the Province in which the lands are situated, disintSed in the matter, and nnf Koir.«. +i,« a-u^^— . ' Y^omwjiesiea m . -, .„g „nc .njuiucicor named m the notice: a. ^m ' 't. ' Cap. 68. 132 31 Vic. • a. That the land, if the notice relate to the taking of land, shewn on the said Map or Plan, is required for the Railway, or is within the limits of deviation hereby allowed ; 6. 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 compen- sation for the land, and for the damages as aforesaid ; If the oppo- 13. If the opposite party is absent from the District or Bite party "be Q^m^ty jn which the lands lie, or is unknown, then upon appli- ktTnraJJli- cation to the Judge of the Superior Court for the District if it cation to a ^^^ jj^ ^^^ Province of Quebec, or to the Judge of the County Court for the County, if it be in either of the Provinces of Ontario or New Brunswick, or to a Judge of the Supreme Court if it be in the Province of Nova Scotia, accompanied hv such certificate as aforesaid, and by an affidavit of some officer of the Company that the opposite party is so absent, or that, after diligent enquiry, the party on whom the notice ought to be served cannot be ascertained, the Judge shall order a notice as aforesaid, but without a Certificate, to be inserted three times in the course of one month in some newspaper published in the District or County ; Or if there be no newspaper published therein, then in a newspaper published in some adjacent District or County ; 14" Whenever any County Judge is interested in any lands taken or required by the Company within the County in which he is such judge, any judge of any of the Superior Courts in the Province in which the lands are, shall, on the application of the Company, exercise in such case all the powers given by this section to the County Judge in cases in which he is not interested ; Party not ac- 15. If within ten days after the service of such notice, or cepting the within one month after the first publication thereof, the opposite JC^Snot party does not notify to the Company his acceptance of the appointing an gum offered by them, or notify to them the name of a person Arbitrator. ^j^^^ ^^ appoints as Arbitrator, then the Judge shall, on the application of the Company, appoint a Sworn Surveyor, for the Province, as the case may be, to be sole Arbitrator for deter- mining the compensation to be paid as aforesaid ; Appointment 16. If the opposite party within the time aforesaid, notifies of Arbitrators ^^ ^;^Q Company the name of his Arbitrator, then the two Arbi- terthkd trators shall jointly appoint a third, or if they cannot agree upon a third, then the Minister of Public Works shall, on the application of the party or of the Company (previous notice of, at least, two clear days having been given to the other party), appoint one of the Official A^rbitrators to be a third Arbitrator; If County Judge be in terested. party. Arbitrator 1868. 188 Cap. 68. 17. The Arbitrators or two of thein, or the sole Arbitrator Dutlei of Ar- being «»rorn before some Justice of the Peace for the District '>»*»»<>"• or Couaty m which the lands lie, faithfully and impartially to perform the duties of their office, shall proceed to ascertain the said compensation in such way aa they or he, or a majority of them, deem best, and the award of such Arbitrators, or any two cnhem, or of the sole Arbitrator, shaU be final and conclu- sive; but no such award shall be made or any official act be Award of two (lone bv such majonty, except at a meeting held at a time and *« b« sufficient' placeof which the other Arbitrator has had at lea^jttwo clear day's notice, or to which some meeting at which the third Arbitrator waa present had been axljoumed ; and no notice to either of the parties shall be necessary, but each party shall be held suf- hciently notified through the Arbitrator appointed by him, or whose appointment he required ; IS. The Arbitrators in deciding on such value or corapensa- Arbitrate™ to tion, are authonzed and required to take into consideration the *='"^«^?' ^• increased value that would be given to any lands or grounds oTrrLSj' through or over which the railway will pass by reason of the ^''''^' passage ol the railway through or over the same, or by reason ot the construction of the railway, and to set off the increased value that will attach to the said lands or grounds, against the inconvenience, loss or damage that might be suflPered or sus- tained by reason of the Company taking possession of or using the said lands or grounds as aforesaid ; 19. If in any caae where three Arbitrators have been ap- Coats, how pointed, the sum awarded is not greater than that offered, the P"**- cost of the arbitration shall be borne by the opposite party, and be deducted from the compensation, but if otherwise they shall be borne by the Company, and in either case they may, if not agreed upon, be taxed by the Judge ; 20. The Arbitrators, or a majority of them, or the sole Arbi- Arbitrators trator, may examine on oath or solemn affirmation the parties "^^ examine or such witnesses as voluntarily appear before them or him, and °" may administer such oath or affirmation ; and any wilfully false statenient made by any witness, under such oath or affirmation shall be deemed wilful and corrupt perjury, and punishable accordingly ; « ^ r 21. A majority of the Arbitrators at the first meeting after Tin.e within their appointment, or the sole Arbitrator shall fix a day on or "^^^"^ a**^ before which the award shall be made, and if the same is not "^"^ ""^" made on or before such day, or some other day to which the time for making it has been prolonged, either by the consent of the parwes or by resolution of the Arbitrators, then, the sum ottered by the company as aforesaid, shall be the compeasation to be paid by them ; 22. ""It Cap. 68. 134 31 Vu;. ■IT OOfltS. Arbitrator 22. If the sole Arbitrator appointed by the J udge or the Ofh- dfing.&c. ^,•^QX Arbitrator appointed by the Minister of Pubhc Works, or any Arbitrator appointed by the {)arties, dies before the award lias been made, or is disqualified, or refuses or fails to act within a reasonable time, then, in the case of the sole Arbitrator, the Judge upon the application of either party, and in the case of Sie Official Arbitrator, the Minister ot Pubjic Works, upon a like appUcation, the Judge or Minister being satisfied by affidavit or otherwise of such death, disqualification, refusal or failure, may appoint anotheY Arbitrator in his place, and in the case of any Arbitrator appointed by the parties the company and party respectively may each appoint an Arbitrator in the place of his Arbitrator so deceased or not acting, but no recom- mencement or repetition of prior proceedings shall be required in any case ; Company may 23. Any such notice for lands, as aforesaid, may be desisted desist paying fyom, and new notice given, with regard to the same or other lands, to the same or any other party, but in any such case, tlio liability to the party first notified for all damages or costs by hira incurred in consequence of such first notice and desist- ment, shall subsist ; 24. The surveyor or other person offered or ai)pointed as Valuator or as sole Arbitrator, shall not bedisqualified by reason that he is professionally employed by either party, or that he has previously expressed an opinion as to the amount of com- pensation, or that he is related or of kin to any member of the Company, provided he is not himself personally interested in the amount of the compensation ; and no cause of disqualifica- tion shall be urged against any Arbitrator appointed by the Judge after his appointment, but the objection must be made before the appointment, and its validity or invalidity shall be summarily determined by the Judge. 25. No cause of disqualification shall be urged against any Arbitrator appointed by the company or by the opposite 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 applica- tion 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 the party offering the person so adjudged to be disqualified, shall be held not to have appointed an Arbi- trator ; Awards not 26. No award shall be invalidated from any want of form or .^^iA^ji tnr- ii i.-'u-!--,! -u:„»i:-^— jf 4-v«r> vn<^i-ii»»e required be desisted le or other ch case, the or costs by and desist- )pointed as A by reason or that he mt of com- iber of the iterested in lisqualifica- ited by the ist be made ity shall be 1868. 135 Gap. 68. against any posite party e validity or against any Arbitrator, bhe applica- ) the other, ippointment adjudged to ted an Arbi- it of form or tis Act have ,rly the sum awarded awarded, and the lands or other property, right or thing for which such sum is to be the compensation ; nor shall it bo necessar}' that the party or parties to whom the sum is to be paid, be named in the award ; 27. Upon payment or legal tender of the compensation or Posaea^ion annual rent so awarded or agreed upon to the party entitled to ""^y ^ t*"*"" receive the same, or upon the deposit of the amoint of such trnfiT&o"! of compensation in the manner hereinafter mentioned, the award *"™ «w»rded. 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 op- Warrantor position be made by any person to their so doing, the Judge powt'sf'on. may, on proof 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 may deem most suitable, to put the Company in possession, and to put down such resistance or opposition which the Sheriff or Bailiff, taking with him sufficient assist- ance, shall accordingly do ; 28. Such warrant may also be granted by any such Judge. v."uen warrant without such award or agreement, on affidavit to his satisfac- ofposseS tion that the immediate possession of the lands or of the power "ZtZlt]"" to do the thing mentioned in the notice, is necessary to can-y '^'''^'^'*- on some part of the Railway with which the Company arc ready forthwith to proceed ; and upon the Company givincr security to his satisfaction, and in a sum which shall not be « ., ». . less than double the amount mentioned in the notice, to pay fim"S7enr' or deposit the compensation to be awarded within one month '*®p<'«* <^™- after the making of the award, with interest from the time at P'°'**'°'^- which possession is given, and with such costs as may be law- fully payable by the Company ; •?u" Tit ^^™Pe»^8a<^i?n for any lands which might be taken Whenoom- without the consent of the proprietor, shall stand in the stead pon«ation to of such lands ; and any claim to or incumbrance upon the said fie^f S^ lands, or any portion thereof, shaU, as against the Company Wd. be converted into claim to the compensation, or to a like pro- portion thereof, and they shall be responsible accordingly whenever they have paid such compensation, or any part thereof, to a party not entitled to receive the same, saving aiways their recourse against such party ; 30. If the Company has reason to fear any claims or incum- Aatoincum- orances, or it any party to whom the compensation or annual bJ^ces, Ac. rent, or any part thereof is payable, refuses to execute the pro- &richa. per conveyance and guarantee, or if the party entitled to claim sed or taken the^same cannot be found, or is unknown to the Company, or fe„v"tei. ii lorany other i-eosou the Company deems it advisab^ the "'New Btom- Company '^''''• i Cap. 68. 136 81 Vi(! I m V >- r r" What notice to b« pub- Uahed. Company may, if the lands are situated in either of the Pro- vinces of Ontario, Nova Scotia or New Brunswick, pay such compensation into the office of one of the 8ui)erior Courts for the Province in which the lands are situated, with the interest thereon for six months, and may deliver to the Clerk of the Court an authentic copy of the conveyance, or of the award or agreement if there be no conveyance, and such award or ttfnree- ment shall thereafter be deemed to be the title of the Com- pany to the land therein mentioned ; 31. A notice, in su:h form and for such time as the court appoints, stiall be inserted in some newspaper, if there be any published in the District or County in which the lands are situate, and at the Seat of Government of the Province, which shall state that the title of the Company, that is, the convey- ance, agreement or award, is under this Act, and shdl call up- on all persons entitled to the land, or to any part thereof or representing or being the husbands of any parties so entitled, to file their claims to the compensation, or any part thereof, and all such claims shall be received and adjudged upon by the Court, 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 Court shall make such order for the distribution, payment or invest- ment of the compensation, and for the securing of the rights of all parties interested, as to right and justice, and according to the provisions of this Act and the Special Act, and to law, appertain ; By whom 32. The costs of the proceedings, or any part thereof, shall costs be paid. n,g p^^j^j \yy ^he Company, or by any other party, as the Court may order ; When in- 33. If such order of distribution be obtained in less than six retmiiedto months from the payment of the compensation into Court, the or paidby the Court shall direct a proportionate part of the interest to be Company. 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 Court shall order the Company to pay to the proper claimants the interest for such further perod as may be right ; 34. If the lands so taken are situate in the Province of Quebec, and if the Company have reason to fear any such claim, mortgage, hypothec or incumbrance, or if any party to whom the compensation or annual rent, or any part thereof, is payable, refuses to execute the proper conveyance and gua- rantee, or if the party entitled to claim the compensation or rent cannot be found, or is unknown to the Company, or if for other reason the Company deems it advisable, the Company may Casein which lands are si- tuate in P. Q. and Company have reason to fear incum- brances pro- Tided for. 81 Vk. [)f the Pro- c, pay such Courts for ,he interest erk of the e award or d or a*nree- f the Coin- 8 the court lere be any ) lands are nee, which ,he convey- all call up- b thereof or 80 entitled , iirt thereof, jpon by the ll claims to ) well as all the Court t or invest- he rights of .ccording to and to law, hereof, shall i8 the Court ess than six Court, the iterest to be It or neglect six months 3 pay to the I'od as may Province of ar any such my party to rt thereof, is je and gua- pensation or ,ny, or if for le Company may 1868. 187 Cap. es. may pay such compensation into the hands nf ♦».« P^«*k siuiate, with the interest thereon for six month« .n.i ....« j- Uver to the said Pi.>thonotary an autheTticTpTofThe convey awr;d'shal theVar^^'H^' ,*'"^ ,^ "^ conv^e^ltand JuYh mnv t.. 7L^!n!f !t' ^- '^'*"*.^ ^ ^ ^^^ ^^"« «1" the Com. pany to the land therem mentioned, and proceediniw sha I ^rKk: mln '" ''*'• ^-«™*-" of the "HZlTZ Com- St^hat in «5iv "^^M*^"' ''r' ^^ confirmation of title. Prof Cn f ' ,*^,^'*^on to the usual contents of the notice the Prothonotary shall state that the title of the Company Sat is the «x)nveyance or award.) is under this Act, and slSf call un on all persons entitled to the lands, or any part thereof or re- SeTeXLsrfh''^ '"^''^"^ ^^ any^pLy so endtle5.':> all such ot K ^S^oo^^P^n^^^tion. or any plrt thereof, ^nd Court : ' '''''^'^ ^"^^ ^*^J"'^S«^ "Pon ^y the claims1rfh«'*"&'"^ °^ confirmation shall forever bar all Effect of a claims to the land, or any part thereof (including dower not i^^JS™*"* «' JlTe^ir^ndT ™-*?T,l^yPo^hec or^lncumLnct -"^"«-- upon the same, and the Court shall make such order for tho beZlIhl Zcol™"!" '^">T^'"S^' "l "-y port thereof, nhall By whom oe pam w the Oompany, or by any other party, as the Court ""i" to b. tU P^lff months froD, the payment of the compensation to the Prothonotaiy, the Court shall direct a proportionate n«rf eCr'MtTr ^t?" r'^T'J' *^ C„mpa„Py,rd1?C ^ pr„Z^^y^^ «.|J-thon„ta^ the interestfor.ueh fuTt^t 37. If the Railway passes through any land belonoinff to or Th» .« f m possession of any Tribe of Indit. in Canada, orTaly a^t SS^r' pccasioning damage to their lands be done under the S^-?rt lo'^themtLtf ^^^\SP««-^ Ac<>. compensation shall be m J. felanda to them therefor in the same manner as is provided with re ''™"'''^'°'- spect to the lands or rights of other individuals janr when ever It is necessary that Arbitrators should be chosen by the parties, the Secretary of State is hereby authorized ^^d re^ quired to name an Arbitrator on behalf of the Indians and ^here the lands belong to the Indians, the amount awSd^n ^J-ZJ^^ ''' -'' '--^ ^^ «*ate, for th: HIGHWAYS p"*^. Gap. 68. 188 » 31 Vic. «^ HIGHWAYS AND BRIDGES. Railway not 10 The Railway shall not be carried along an existing tioi a'S?'^ highway, but merely cross the same in the line of the Railway, highway unless leave has been obtained from the proper Municipal or Sm mVnT' local authority therefor ; and no obstruction of such highway cipal author!- with the works shall be made without turning the highway so *'"• as to leave an open and good passage for carriages, and on completion of the works, replfujing the highway, under a pen- alty of not less than forty dollars for any contravention ; but, in either case, the rail itself, provided it does not rise above nor sink below the surface of the road more than one inch, shall not be deemed an obstruction ; Railway not 2. No part of the Railway which crosses any highway with- iL'J'oneTnch out being Carried over by a bridge, or under bv a tunnel, shall aWe kvef of ,ise above or sink below the level, of the highway more than any highway j ] ^ ^^^ R.ailway may be carried across or above any when crossing ""° ihvj», ""^ " •,'' r -j the same. highway Within the limits aioresaid ; Height and 3. The Span of the arch of any bridge erected for carrying span of bridge ^^^ Railway over or across any highway shall at all times be, wa",^. ^^ and be continued of the open and clear breadth and spa^, un- der such arch, of not less than twenty feet, and of a height from the surface of such highway to the centre of such arch ot not less than twelve feet ; and the descent under any such bridge shall not exceed one foot in twenty feet ; 4. The ascent of all bridges erected to carry any highway over any Railway shall not be more than one foot in twenty feet increase over the natural ascent of the highway ; and a good and sufficient fence shall be made on each side of every bridge, which fence shall not be less than four feet above the surface of the bridge ; 5 Signboards stretching across or projecting over the high- way crossed at a level by any Railway, shall be erected and kept up at each crossing at such height as to leave sixteen feet from the highway to the lower edge of the signboard, and having the words " Railway Crossing ' painted on each side oi the signboard, in letters not less than six inches in length ; and for any neglect to comply with the requirements of this sub-section, a i>enalty not exceeding foriy dollars shall be in- curred. Ascent of bftdges. Precautions when Rail- way crosses a highway. FENCES. Fences to be 1 f . Within six months after any lands have been taken for erected on ,, « ii t>_m i.i,_ n^~^^^-^mT aUnW if fVioi^iinfA TG- eachsideof the USe 01 ino x».aiiwaj , wiu v.viixpa^j r,,.,... 8. —-.------ -^ RaUway, with quired by the proprietors of the adjoining lands, at their own gates and crowdngs costs » 31 Vic. an existing the Railway, Aunicipal or ch highway highway so iges, and on under a pen- intion ; but, , rise above m one inch, [ghway with- tunnel, shall ly more than or above any for carrying all times be, nd space, un- of a height fsuch arch of er any such any highway bot in twenty hway ; and a }ide of every 'eet above the iver the high- •e erected and e sixteen feet ignboard, and n each side of n length ; and nents of this i shall be in- 1868. 139 Cap. 68. for re- een taken thsrsunto i, at their own costs costs and charges, erect and maintain on each side of the Hail- way, fences of the height and strength of an ordinary division fence, with sliding gates, commonly called hurdle gates, with I)roper fastenings, at farm crossings of the road, for the use of the proprietors of the lands adjoining the Railway ; and also cattle-guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the Railway ; 2. Until such fences and cattle guards are duly made, the Liability of Company shall be liable for all damages which may be done by Company RaTlwl'^'"' """ ^°^"^' ^ '"'**^^' ^'''*'''' '''■ ''^^^'' ^"'""^^^ *''' ^^^ ^^Sstected. 3. After the fences or guards have been duly made, and when to be while they are duly maintained, no such liability shall accrue exempted, for any such damages, unless negligently or wilfully done; 4. If any person rides, leads or drives any horse or any other Persons pro- animal, or suffers any such horse or other animal to enter upon hibitedfeom such Railway, and within the fences and guards, other than S &*^ the farm crossings, without the consent of the Company, he «^th Uttie, Hhall for every such offence forfeit a sum not exceeding forty **'" dollars, and shall also pay to the party aggrieved all damages sustained thereby ; 5. No pepon other than those connected with, or employed Or walking by the Railway shall walk along the track thereof, except th^eon. where the same is laid across or along a highway. TOLLS. I». Tolls shall be from time to time fixed and regulated by Tolls to be the By-laws of the Company, or by the directors, if thereunto fixed by By- authorized by the By-laws, or by the Shareholders at any J^^*"'"*^^"' general meeting, and may be demanded and received for all passengers and goods transported u^on the Railway or in the steam vessels to the undertaking belonging, and 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 ; 2 In case of denial or neglect of payment on demand of any How payment such tolls, or any part thereof, to such persons, the same may <>' Tolls be sued for and recovered in any competent Court, or the agents *°^°"**^- Dr servants of the Company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime the said goods shall be at the risk of the owners thereof; 3. If the toils are not paid within six weeks, the Company When if Tolls may sell the whole or any part of such goods, and out of the "oScETS* monny it ■ i Cap. 68. 140 31 Vic. !jt!> twined may money arising from such sale retain the tolls payable, and all be sold. charges and expenses of such detention and sale; rendering the surplus, if any, or such of the goods as remain unsold, to the peraon entitled thereto ; When goods 4 If any goods remain in the possession of the Company dS^ay unclaimed for the space of twelve months, the Company may be sold. 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 papers as they deem necessary, sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof pay such tolls and all reasonable charges for Proceeds, how storing, advertising and selling such goods ; and the balance dealt with. ^f the proceeds, if any, shall be kept by the Company for a further period of three months, to be paid over to any party entitled thereto ; How balance 5. I^ default of such balance being claimed before the expi- to be disposed j^^j^j^ ^f ^j^g period last aforesaid, the same shall be paid over to the Receiver General, to be applied to the general purposes of Canada, until claimed by the party entitled thereto; 6. All or any of the tolls may, by any by-law, be reduced and again raised as often as deemed necessary for the interests of the undertaking ; but the same tolls shall be payable at the same time and under the same circumstances upon all goc-ds and by all pei-sons, so that no undue advantage, privilege 01 monopoly may be afforded to any person or class of persons by any by-laws relating to the tolls ; A fraction of 7^ j^ ^w cases, a fraction in the distance over which goods W^Lttaated or passengers are transported on the Railway shall be con- in charging sidered 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 con- tained therein ; and a fraction of a quarter of a ton shall be deemed and considered, as a whole quarter of a ton ; Table of tolls 8. The Directors shall, from time to time, print and stick up, in officSiLd'' ^^ ^"^® ^ ^ printed and stuck up, in the office, ajid in all and cars. every of the places where the tolls are to be collected, in some conspicuous place there, a printed board or paper exhibiting all the toUs payable, and particularizing the price or sum of money to be charged or taken for the carriage of any matter or thing ; Toll-how raised or reduced. Tolls to be approved of by the Gover- nor in Counci' 9. No tolls shall be levied or taken until approved of by the Governor in Council, nor until after two weekly publications l^ *V./» O^^nn/^^n fln/y^ttn nf i-Via V\ir_loTir QufaVklioliinnr Ulioll tjolls and of the Order in Council approving thereof ; 10. 1868. 141 Cap. 68. to leviSXYhtn ^'''''^ a-j^d regulating tolls shall be subject The Governor to levision by the Governor m Council from time to time after ff»y "viae t!nfJl""f'' ?? f^ ^" ^''^'' ^« ^''""^iJ' reducing the £-&«-'' isLf fn ?? '^^g^l^ted by any by-law, has been twice pub- hshed in the Canada Gazette, the tolls mentioned in such f?. bVf ^"""T' ''^''".^ ^"'^'^^^^''^d f«^-*h««e mentioned in the by-law so long as the Order in Council remains unrevoked ; ihlU^^ P«rliament of Canada may from time to time reduce When Par the tolls upon the railway, but not without consent of the com- liaTnt % pany or so as to produce less than fifteen per cent, per annum a^T^^^ l>rofit on the capital actually expended in its construction no™ "'' unless, on an examination made^by the Minister of Public Works ot the amount received and expended by the Com .anv the net income from all sources, for the year then last p^ed,' ::tt^^%td:dr"^'^' '''^^" ''- ^^"' "^^" ^^^^ -^^^^^ - 12. No by-law of any Railway Company by which anv Tolls Rv u«™ • are to be imposed or altered, or by whULyV y o hi ll X^^ the Members, Officers, and Servants of the Oomnanv are in ^l**P- tended to be bound, shall have any force or effKnti? th" ?^^^«Sv^?nor same has been approved and sanctipned by the Governor ^- " ^''"°"' Council. in GENERAL MEETINGS. 13. The Shareholders may assemble together at ffeneral <»h i, ^A meetings for purposes connected with or ilonging ^ the -?'&?•''• undertaking, and at any annual general meeting may elect ?''''"*^ ""**- Directors m the manner provided by the nef I sTLding '"^^• PRESIDENT AND DIRECTORS-THEIR ELECTION AND DUTIES. 14. A Board of Directors of the undertaking to manage it<, n , * t.- sfTb *^"""^'' ^^?rt ^^^" ^' ''^''^ i» the S™ecKt' -Lit S" shall be chosen annually by a majority of the shareho£' *^^*^- votmg at such election at a general meeting, the time an^ place for which shall be appointed by the Spfcial Act and if «uch election is not held on the day^ppointed, the Directoi " t^iu'^Vt '^r^'°" *" ^ ^'^^ ^itttn as short a delay S possible after the day appointed ; ^ 2. No person shall be admitted to vote on such subseauen* «ru - Erdl;\%"'^r ",^' '^T ^^^^ ^-^i*^«^ "- vote haS he ^-tl" ^'"^ election been held on the day when it ought to have been held ; 3. Vacancies in the Board of Directore shall be filled in ths v • manner prescribed by the by-laws ; *^^ LTX' niied up. 7. Cap. 08. 142 31 Vic Whoqufclifled 4. No person shall be a Director unless he is a Stockholder, to be ft Direc- Q^njng stock absolutely in his own right, and qualified to vote for Directors, at the election at whi lie is chosen ; tot. Cftllingof ape- 5. The method of calling general meetings, and the tim. •ial meetings, ^^^ ^Ysuce of the first meeting of Stockholders for the appoint- **^ ment of Directors, shall be determined and settled in the Special Act ; Votes to be 0. The number of votes to which each shareholder shall be in proportioij entitled on every occasion when the votes of the members are to shares. ^ ^^ given, shall be in the proportion of the number of shares held by him, unless otherwise provided by the Special Act ; Shareholders 7. All Shareholders, whether resident in Canada or else- may vote by where, may vote by proxy, if they see fit ; Provided that such "'***^" proxy produce, from his constituent an appointment in writing, in the words or to the effect following, that is to say : proxy. Form. Ij , of one of the Share- holders of the , do hereby appoint of , to be my proxy, and in my absence to vote or give my assent to any business, matter or thing relating to the said undertaking; that may be mentioned or proposed at any meeting of the Shareholders of the said Company, or any of them, in such manner as he, the said thinks proper. In witness whereof, I have hereunto set my hand and seal, the day of , in tbe year 8. The votes by proxy shall be as valid as if the principals had voted in person ; and every matter or thing proposed or considered in any public 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 such majority shall bind the Company, and be deemed the decisions and acts of the Company ; Term of office 9. The Directors appointed at the last election, or those ap- of Directors, pointed in their stead in case of vacancy, shall remain in office until the next ensuing election of Directors ; Votes by proxy to be valid. Vacancies, how supplied. 10. In case of the death, absence or resignation of any of the Directors, others may be appointed in their stead by the survi- ving Directors ; but if such appointment be not made, such death, absence or resignation shall not invalidate the acts of the remaining Directors ; President. 11. The Directors shall, at their first or at some other meeting T-rm "» "ffi^e- after the election, elect one of their numbv,.- to be the President oi 31 Vic tockholder, &ed to vote the tim. tie appoiut- led in the ier shall be embei-8 are sr of shares iial Act ; da or else- i that such in writing, the Share- r i to vote or iting to the )sed at any , or any of nto set my , in the 3 principals proposed or }rs shall be lien present ajority shall i acts of the ir those ap- ain in office •f any of the y the survi- made, such te acts of the bher meeting he President oi 18G8. 149 Cap. 68. of the Company, who shall always, when present, be the chair, man of and preside at all meetings of the Directore, and shall President ha,s been elected m his stead ; and they may in like Vice.Pre«- manner elect a Vice-President, who shall act as chaiman in the '^-* absence of the President ; auiruJ\n^«?«H?/f •"?? o^'^V*? ft wJiich not less than a Quorum. ooTr^w . ^^^i ^y *^^ SpeciaT Act, are present, shall be I'nXm f "'" ^''""'''^ *"" ^""^ ^""y °^ ^^^ P^^^^ ^e«t«*l at in v'^r^f ^^ ""^^ ma Jonty of a quorum of the Directors present Acta of ma- at any meeting regularly held, shall be deemed the act of the i^^y ^btod l-'irectors j the whole. OhLwn ^'ho ^' n^ •" ^^^^^ more than one vote except the Casting vote. onairman, who shall, in case of a division of equal numbera have the casting vote ; ^ 'luuioera, con\tS\h^p'^wl 't^ ^e ^"^Ject to the examination and Directors to .If r 11 u ,^^^^eholders at their annual meetings, and be sub- 1 ™^^^^i ^ ject to all by-laws of the company, and to the orfc and direc- Sdby lltT tions from time to time made at tho annual or special meeting such orders and d rections not being contrary to anrexS duections or provisions of this Act or the Special Act ; ^ 16. No person holding any office, place or employment in or offi..,. f being concerned or interested in aiTy contract? uK or wiS ^o^-S^? the Company, shall be capable of beinff chosen a ni-rAnMr^^vr^^^S*^"*^ DSr onhtS^ '' ""h"' ^-^^^^^y V^^nl:^^ aSSZ: JUirectoi of the Company enter into, or be directly orindirectly for his own use and benefit, interested in any contract with the Comply' """ ""^ * P^'^"^' ^^ ^^y contractor iith the «r.J^-^^^?'''^''*?'?.'^^'^T^^ ^^-^^^^ ^or the management Bylaws for and disposition .^f the stock, property, business and affairs of W'nent the Company, not inconsistent with the laws of Canada and *°'^' *'• for the appointment of all officers, servants and artificers and prescribing/ their respective duties ; ' .ffi^' '^^'^.^"'ectors shall, from time to time, appoint such M»y appoint officers as they deem requisite, and shall take sufficient securUy S^!""'"' Asrr!n ' T' P^^^ ^°?'^'' ""' ^y *^" guarantee of the EuroRea.; Assurance Society, or of any society incorporated for like pur- poses, as they may deem expedient or otherwise, from the manager and officers for the time being, for the safeTep ng and aocouiif.iuc for b" i^^^n^ „^o„^„i:„_il. -i? ^i w^^^g i_j iui u^ ^.,.Ai. xuopuuuVciy ui wie moneys raised by S:, fl( I Cap. 68. 144 31 Vic. ;SSE by virtue of this Act and the Special Act, and for the faithful execution of their offices, as the directors think proper ;^ VicePresi- 19. In case of the absence or illness of the President, the the*alwTOce*of Vice-President shall have all the rights and powers of the presi- the President, dent, and may sign all notes, bills, debentures and other in- struments, and perform all acts which bj'^ the regulations and by-laws of the Company, or by the Acts incorporating the Company, are required to be signed, performed and done by the President ; Absence of 20. The Directors may at any meeting require the secretary be mteredTn"*^ ^ enter such abvsence or illness among the proceedings of sucn the minutes, meeting, and a certificate thereof signed by the secretary shall be delivered to any person or persons requiring the same on payment to the treasurer of one dollar, and such certificate ahall be taken and considered as pHma facie evidence of such absence or illness, at and during the period in the said certificat<^ mentioned, in all proceedings in courts of justice or otherwise ; Directors to 21. The Directors shall cause to be kept, and annually on the cause bmiubI^ thirty-first day of December to be made up and balanced, a true, rendered- exact and particular account of the moneys collected and re- ceived by the Company or by the Directors or Managers thereof, or otherwise, for the use of the Company, and of the charges and expenses attending the erecting, making, supporting, maintain- ing and carrying on of the undertaking, and of all other receipt.s and expenditures of the Company or the Directors. CALLS. tne nuuuiiea, and certified, CaUs, how 15. The Directors may, from time to time, make such calls whit notice**' 0^ money upon the respective Shareholders, in respect of the amount of capital respectively subscribed or owing by them, as they deem necessary, and thirty days' notice at the least shall be given of each call, and no call shall exceed the prescribed amount determined 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 prescribed in the Special Act ; Notice of 2. All notices of meetings or of calls upon the Shareholders JubS.^*"^ of the Company shall be published weekly in the CanadAi Q-azette, which shall be conclusive evidence of the sufficiency of such notice ; Pavment of calls, how to be made. 3. Every Shareholder shall be liable to pay the amount of the call so made in respect of the shares held, by him to the pei-sons and at the times and places from time to time appointed by the Company or the Directors ; 4, 31 Vic. the faithful •per \, eaident, the of the presi- d other in- ilations and jorating the done by the le secretary ngs of sucn iretary shall he same on 1 certificate ince of such d certificatt^ r otherwise ; ually on the meed, a true, cted and re- gers thereof, charges and g, maintain - ther receipts ie such calls 3spect of the Lg by them, ae least shall B prescribed ade at a less nor shall a the amount Shareholders the Canad(t le sufficiency mount of the o the peraons ointed by the 4. 1868. M\ 14ff Cap. 68. by howi^dol'^^o??'' *if ^^y appointed for pavment, any Share- inter,.! to b. holder does not pay the amount of the calt he shall be liable ^i^eabieon to pay interest for the same, at the rate of six per centum pe? *'^«'^"«'^ fTr^f fr"" f^?^y appointed for the payment thereof to the time ot the actual payment ; II ShLholil^?»-fT *PP^i"^d for the pavment of any call, any Amount of Shareholder fails to pay the amount of the call, he may be sued '^^ ^y ^ for the same many coiuii of competent jurisdiction, and the SSt '''^ ''^ wSw^*^ ^, r'^^'"'^ ^^ ^^"1 i^<^r««t from the day on which the call became payable ; ^ oJ' iflS *f r '''' "^^ *^ ''®*'°''®'* *^^ "^°^«y due upon any What allega- caU, It shall not be necessary to set forth the special matter tionBandfor- holder of one share or more, stating the number of shares, and '«',V»'»« ^^ IS indebted in the sum of money to which the calls in airear "^^ 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 hath accrued to the Company by virtue of the Special admiSd Sf'^n'^'^ !f Proprietorship, of any share shall be Certificate of aamitted m aU Courts as |)m)w«/acie evidence of the title of P'-P^.'^^^'p Si, r f ^^^'I' ^^'li!^'^^^"^' administratoi^, successors or Sn^r assigns, to the share therein specified ; 8. But the want of such Certificate shall not prevent*the Proviao holder of any share from disposing thereof; ^ of ?hp^o^nf rT ''^S]ftmgor refusing to pay a ratable share Penalty for of the calls as afoiesaid, for the space of two months after the refuBaJ^tfJay time appointed for the payment thereof, shaU forfeit his shares "'^• wl,^ if /^ •t'^^T'ir^ *H *^^ Profi<^ and benefit thereof; which forfeitures shall go to the Company for the benefit thereof ^ 10. No advantage shall be taken of the forfeiture unless thfi Vnr4.i^ p same is declared to be forfeited at a General Mrekng of tL b^"-^^^^^^ incurS' "^'^""^^^^ "-^ ^y *^°^^ ^^^' ««cli forfeiture ffas been ft' ofli^" ' at a genei'al meeting. in}]:J:Z^^ such forfeitm-e shall be an indemnification to and Effect of for- tor every Shareholder so forfeiting, against all actions, suits or P'^^l"^ ^ prosecutions whatever, commenced or prosecuted for anV breach ''*'"• ot contract or other agreement between such Shareholder and takin •^'" Shareholders with regard to carrying on the under- Jil'It Directors may sell, either by public auction or pri- Directors may vate «ale and in such manner and on such terms as to them BeU^oSt^d^ 10 shares. may £Sh' j K r Cap. 68. 146 31 Vic may seem meet, any sharou 80 declared to be forfeited, and also any shares remaining unsubscribed for in the capital stock of the Company, or pledge such forfeited or unsubscribed shares for the payment of loans or advances made or to bo made thereon, or of any sums of money borrowed or advanced by or to the Company ; Certificate of 13. A Certificate of the Treasurer of the Company that the be'evXnce'of forfeiture of the shares was declared, shall be sufficient evidence forfeiture and of the fact, and of their purchase by the purchaser, and such purlfhLer. Certificate with the receipt of the Treasurer for the \:iice of such shares, shall constitute a good title to the shares, and the Cer- tificate shall be by the said Treasurer enregistered in the name and with the place of abode and occupation of the purchaser, and shall be entered in the Books required to be kept by the by-laws of the Company, and such purchaser shtll tnereupon be deemed the holder of such shares, and shall not be bound to see to the application of the purchase money, nor shall his title to such shares be affected by any irregularity in the proceedings in reference to such sale, and any sliareholder may purchase any shares so sold ; Interest may 14. Shareholders willing to advance the amount of their «h*^^h^id*r^ shares, or any part of the money due upon their respective paying money shares beyond the sums actually called for, may pay the same, in advance on 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 such interest at the legal rate of interest for the time being, as the shareholders paying such sum in advance and the Company agree upon; but such interest shall not be paid out of the capital subscribed. DIVIDENDS. Declaration of 16. At the general meetings of the Shareholders of the un- dividend. deitaking from time to time holden, a dividend shall be made out of the clear profits of the undertaking, unless such meetings declare otherwise. At so mnch per share. 2. Such dividend shall be at and after the rate of so much per share upon the several shares held by the Shareholders in the stock of the Company, as such meeting may think fit to appoint or determine ; Dividends not 3. No dividend shall be made whereby the Capital of the C "'tof" *^^ Company is in any degree reduced or impaired, or bo 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 ; 4. 31 Vic ., and also 1 stock of ed shares bo mado iced by or J that the b evidence and such ce of such i the Cer- the name purchaser, ipt by the bhereupou bound to 11 his title •oceedings purchase of their respective the same, r so much the calls idvance is jal rate of : such sum h interest 1868. 147' Cap. 68. )f the un- 1 be made meetings F so much holders in link fit to tal of the Q paid out >ectof any for money is L^SndToerJvlr/^^' t^''^''''': '^^^^^ *^« ^^0^ ^^-*»" -y aU sums called un ^^^06^0^101 ^''^i^'' ^^l *''^^' ^^ 'l ^->P^Sir HnvQ ^r. ^i," iTxi.' respect 01 the shares, from the resoectivfl ''^'^- tfC^t ™rr ''^''%'*? '»'''' ™'='' intent r^: uA^whUhTv Sfi.Z'^^ *" *^' proprieto™ of a»y share No tow ». ,,™ 7"'™, Mj; «"' w in arrear m respect of such shares nr *•«" i™ SHARES AND THEIR TRANSFER. andLpo'"Xfi,y''fji1^^3' ty the parties, be sold Sh.r.h.M.„ ^te.onLartof7hirrhTll;lS?eS't^°th\»Cf:4itt^''""°' ^'*'^'J^^°°^^'^®^«'<^ionofthesumof r.o;;i * i::?t^' Siti-'eir.rror zrr£»'^^^^ tlin+ T 1,^1^ +k • "^"ers, ana on the same conditions in] I ttt s^dTD Tot""^ ^^"'^ *■>« '''Option heZ? I. 7 ''v ""o ^<"^'>y «gree to awept of the said andejnditii-felriA-S'"'''^ -"^V- "X^ ^^y <^* in the year 18 ta4 tat^^strfs sM bHSeSotfrj" ^"^ T «"''»'• thereon bnvA hnor, A,ii "** .*f ^"^^erable until all previous calls personal transfer of less than a whorsCeTaSl be^^idt ' "'' '"'"*"""• deaih^baXutrorte wTEti^ *^T''^ by the T™™u,i«. the intestaev ^of ^a^; ^J^^TSy°l^1Z^C^°^^, ^ - ^..mpany astatomuni; m writing, signed by him declaring the Cap. 68, tL48 31 Via te the manner of such transmission, together with a duly certi- fied copy or probate of such will, donation or testament, or suf- ficient extracts therefrom, and such other documents or proof as may be necessary, and without such proof the party shall not be entitled to receive any share of the profits or the Com- pany, nor vote in respect of any such share as the holder there- of; Company not 6. The Company shall not be bound to see to the execution of bound to 8M ^j„g^^ whether express, implied or constructive, to which tion of S* any of the shares may be subject and the receipt of the party in whose name any share stands in the Books of the Company, or if it stands in the name of more parties than one, the receipt of one of the parties named in the Register of Shareholdei-s shall from time to time be a sufficient discharge to the Com- pany for any dividend or other sum of money payable in re- spect of the share, notwithstanding any trust to which the share may then be subject, and whether or not the Company have had notice of the trusts, and the Company shall not be boimd to see to the application of the money paid upon such receipts ; Company not 6. The funds of the Company shall not be employed in the to take stock unrchase of any Stock in their own or in any other Company. in their own * •' or any other companies. SHAREHOLDERS. Shareholders individually liable, and to what extent. 18. Each Shareholder shall be individually liable to the creditors of the Company to an amount equal to the amount unpaid on the Stock held by him, for the debts and liabilities thereof, and until the whole amount of his Stock hsis been paid up ; but shall not be liable to an action therefor before au execution against the Company has been returned unsatisfied in whole or in part ; When and 2. Municipal Corporations in any Province in Canada being how Muni- ^^ly empowered so to do by the laws of the Province, and sub- tioMS^r*'"" ject to the limitations and restrictions by such laws prescribed, take stock, ^^^y subscribe for any number of shares in the Capital Stock ot *^ the Company, and the Mayor, Warden or Reeve, or other head 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 ; and perfect account of the names and places of several Shareholders shall be entered in a Book to be kept for that purpose. Account of 3. A true nwnesandre- abode of the ndsnce of Shareholders to be kept. BY-LAWS^ 81 Via iuly certi- int, or 8uf- B or proof arty shall the Com- Ider there- lecution of" to which the party Company, the receipt lareholdei-s 1 the Com- ble in re- which the ) Company hall not be upon such lyed in the Company. ble to the he amount i liabilities k hfis been r before au unsatisfied lada being^ e, and sub- prescribed, bal Stock of '^e, or other amount of r« °" °l»''» regulations posted up at the tlmoin a conspicuous pla^e inside wheSlut- ot the passenger cars then m the train, shall have no claim for fomof cin.. the mjury provided room inside of such passenger cars, suffi- *°- cient tor the proper accommodation of the passengers, was furnished at the time ; » g , oo 14. No person shall be entitled to carry or to require the AstogoodHof company to carry upon their Railway, aquafortis, oil of vitriol * ''"ngorouB gunpowder nitro-glycerine, or any other goods, which in the "**'^- .) udgment of the Company, may be of a dangerous nature ; and They mu8t b. if any person sends by the said Railway any such goods with- plainir ' out, at the time of so sending the said goods, distinctly mark- '^'"^'^^ mg their nature on the outside of the package containing the same, and otherwise giving notice in writing to the book- keeper or other servant of tTie Company with whom the same are left, he shall forfeit to the Company the sum of twenty dollars, for every such offence ; ^ 15 The Company may refuse to take any package or parcel Dangerous wnicn they suspect to contain goods of a dangerous nature or ^V^ ""^y ^^ may require the same to be opened to ascertain the fact. ' "'"^• ACTIONS FOR INDEMNITY; AND FINES AND PENALTIES AND THEIR PROSECUTIONS. foi?^ ^^ ''''*^ ^Ti'''^^".?^*^ ^^^ ^^y damage or injury sus- Limitation of tamed by reason of the Railway shall be instUuted within six «^tionB to months next after the time of such supposed damage sustained, *^'*''' or It there be contmuation of damage, then within six months next after the doing or committing 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 m evidence at any trial to be had thereupon, and may prove that the same waa done in pursuance of and by authority of this Act and the Special Act ; .r \\. ^Q ^"^^^ ^a'''^ forfeitures imposed by Part First of this Act Fines, how or the bpecial Act, or by any By-law, except those for the levy- 'wavered, mg and recovermg of which special provision is herein made, shall be recovered m a summary manner before any one or more Justice or Justices of the Peace for the District, County or place where the act occurred ; ■ Cap. 68. How ap]>lioa- ble. 162 31 Vic. 2, All the 6nes, forfeitures and penalties, recovered under the next preceding paragraph the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the Treasurer of the Company, to be applied to the use thereof ; Contravention 3. Any contravention of this Act or of the Special Act by ftc'^to be'a ^^^ Company or by any other party, for which no punishment misdemeanor, or penalty is herein provided, shall be a misdemeanor, and shall be punishable accordingly ; but such punishment shall Proviso. jjQ^ exempt the Company, if they be the offending party, from the forfeiture by this Act and the Special Act, of the privileges confeiTed on them by the said Acts, if by the provisions thereof or by law, the same be forfeited by such contravention. GENERAL PROVISIONS. Provision as to 3^. Her Majesty's Mail, Her Majesty's Naval or Military Her'^Sj^sty'a ^''orces or Militia, and all artillery, ammunition, provisions or Mail, &o. 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 peraon having the superintendence and command of any Police Force, and with the whole resources of the Company if required, be carried on the Railway, on such terms and conditions, and undfer such regulations as the Gov- ernor in Council may make ; Ck>vemment 2. The Company shall, when required so to do by the *? ^^g^ of *'^"' Governor in Council, or ftny person authorized by him, place telegraph, if any Electric Telegraph, and the apparatus and operators they required. j^g^y havc, at the exclusive use of the Goverrmient, receiving thereafter reasonable compensation for such service ; TeieCTaph line 3. The Govemor may, at any time, cause a line or lines of may be con- Electiic Telegraph to be constructed along the line of the Rail- Govemor.^ way, for the use of the Government, and for that purpose mr y enter upon and occupy so nuch of the lands of the Company as may be necessary for the piirpose ; Further enact- 4. Any further enactments which the Parliament of Canada madefy Far^^ may hereafter make, for the carriage of the Mail or Her Ma- liament. jesty's Forces, and other persons and articles as aforesaid, or the tolls therefor, or in any way respecting the use of any Electric Telegraph or other service to be rendered to the Government, shall not be deemed an infringement of the privileges intended to be conferred by this Act or the Special Act; 5. 31 Vic. jred under reof is not the hands lO the use ial Act bv mnishment eanor, and ment shnll party, from 3 privileges ons thereof ion. or Military ovisions or les or others times when Commander ndence and resources of ly, on such 18 the Gov- do by the y him, place erators they nt, receiving e; le or lines of > of the Rail- Surpose mry le Company nt of Canada or Her Ma- 1 aforesaid, or I use of any iered to the ment of the )r the Special 1868. 153 Cap. 68. 5. No contracts for works of construction or maintenance of Tenders to be the Railway, except works of ordinary repair, or of immediate L^\f#orkr' necessity, shall be entered into until after tenders for such worlcs notof immedi- respectively have been invited by public notice therefor, given *** '^««««»»^y- for at leaat four weeks in some newspaper published in the place nearest to that at which the work is required to be done, ' but the Company shall not be compelled to accept any such 6. If the construction of the Railway be not commenced, and Period for ten per cent, on the amount of the capital be not expended subsmptionof thereon, within three years after the passing of the Special S&o^^^^ Act, or It the Railway is not finished and put in operation in Ra^^ay- ten years from the passing of such Special Act, the corporate existence and powers of the Company shaU cease ; 7. After the opening of the Railway or any part thereof to Account to be the pubhc, and withm the first fifteen days -^fter the opening submitted to of each Session of Parliament, an account shall be annually ^"«^^*^- submitted to the three branches containing a detailed and par- ticular account, attested upon oath of the President, or in his absence of the Vice-President, of the moneys received and expended by the Company, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement ; 8. No further provisions which Parliament may hereafter Po„n or de- inake with regard to the form or details of such account or t^is of account the inode of attesting or rendering the same, shall be deemed bltta^nf an intnngement of the privileges hereby granted to the Com- pany; 9. Parliament may at any time annul or dissolve any Corpo- Parliament ration formed under this Act ; but such dissolution shall not "»»y dissolve take away or impair any remedy given agaiust any such Cor- tron&d" poration, its Shareholders, officers or servants, for any liability under this which had been previously incurred ; ■^''*" • V!' ^i^'J^i^g l^?rein contained shall affect in any manner the SaWngof Her rignts ot Her Majesty, or of any person, or of any body politic Majesty's corporate or coUegiate, such only excepted as are herein men- '^ ' *°- tioned. PART SECOND. THE RAILWAY COMMITTEE. 99. such •^ The Governor-General may, from time to time, appoint Railway memoers of tiie i'rivy Council, to the number of tour at Bva^iofCom- least, as he may see fit, to constitute the Railway Committee Sd""""*'" of Cap. 68. 154 31 Vic. g'X m ;;; his '-•'■ Duties. of the Privy Council, and such Committee shall have the powers and perform the duties assigned to them by this Act. &mi^'^nd *^ '"■^^ Railway Committee shall appoint one of its mem- a Secretary, l^^rs to be Chairman, and the Deputy of the Minister of Public I Works or some other fit person appointed by the Committee shall be the Secretary of the Committee. tot'j^^'Ln^ *^" ^° Railway or portion of any Railway shall be opened till afte/oue ^or the public conveyance of passengers until ooe month after to^EiSi* ''otice notice in writing of the intention to open the same has been Committee of given by the Company to whom the Railway belongs to the intention to Railway Committee, and until ten days after notice in writing open the same, j^as been given by the Company, to the Railway Committee, 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 contravention. Railway Com- mittee upon report of an Engineer and sanction of Governor in CoimcU may postpone the opening of road. Penalty for opening con- trary to the order of the Committee. 96. If any Railway or portion of a Railway be opened without such notices, the Company to whom 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 notices have been duly given and have expired. 97. The Railway Committee upon receiving such notifica- tion shall direct one or more of the engineers attached to the Department of Public Works, to examine the railway proposed to be opened, and all bridges, culverts, tunnels, road crossings and other works and appliances connected therewith, and also all engines and other rolling stock intended to be used thereon, and if the inspecting engineer or engineers report in writing to the Railway Committee that, in his or their opinion, the opening 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 the insufficiency of the establish- ment for working such Railway, together with the ground of such opinion, the Railway Committee, with the sanction of the Governor in Council, and so from time to time, as often as such Engineer or Engineers, after further inspection thereof, so re- port, may order and direct the Company to whom the Rail- way belongs to postpone such opening not exceeding one month at any one time, until it appears to the Committee that such opening may take place without danger to the public. S88. If any Railway, or any portion thereof, be opened con- trary to such order or direction of the Railway Committee, 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 di- rections. 31 Vic. e the powers iCt. of its mem- ber of Public Committee U be opened month after me has been (longs to the e in writing ommittee, of y will be, in for the safe bei opened ich Railway wo hundred tinues open, spired. ich notifiea- wjhed to the ay proposed ad crossings th, and also bo be used jrs repoxi in leir opinion, mger to the eness of the le establish- le ground of LCtion of the ften as such ereof, so re- m the Rail- jeeding one imittee that } public. opened con- imittee, the rfeit to Her day during order or di- 1868. 156 Cap. 68. 09. No such order shall be binding upon any Railway When only Company unless therewith is delivered to the Company a copy f"''^ "^^^^ *" tl oX^'sllded.^^''^''^ "''^^''" "' '^^'"'^ "^ ""^^ fh?Cot/aS? Committee may cause any work to be in Bpected, and may on report of Engineer, condemn the Railway or rolling stock, with sanction of Gov. in Council and may order cer» tain altera- tions in the works &c. 30. The Railway Committee, whenever they receive infor- mation to the effect that any bridge, culvert, viaduct, tunnel or any other portion of any railway, or any engine, car, or car- nage used or for use on any railway, is dangerous to the pub- lic using the same, from want of repair, insufficient or erroneous construction or from any other cause or whenever circum- stances may anse which, in their opinion, render it expedient may direct any engineer or engineers as aforesaid to examine and mspect the railway or any portion thereof or of the works connected therewith, or the engines and other rolling stock in use thereon or any portion thereof, and upon the report of the engineer or engineers may condemn the railway or any por- tion 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 there- upon the Company to which such Railway belongs, or the Company using, running or controlling the same, shall, after notice thereof m wnting signed by the Chairman of the Com- mittee and countersigned by the Secretary thereof, proceed to make good or remedy the defects in the said portions of the Kailway, or m the locomotive, car or carriage which have been so condemned or shall make such change, altemtion or substi- tution hereinbefore referred to as has been required in manner aforesaid by the Committee. 31. Ifin the opinion of any such Engineer, it is dangerous inspecting tor trains or vehicles to pass over any Railway, or anv DM^iioriR ^"S'neer may thereof until alteration's, substitutiLs or rlp^^rKlen SrTo£ thT made thereon, or that any particular car, carriage or locomo- ^"^^^^ ^^If?^^^ ^^ '"."'' '''■ "'^^' *^« ^'^ Engineer may forthwith ^^^•**'- torbid the running of any train or vehicle over such Railway or portion of Railway, or the running or using of any such car carnage or locomotive, by delivering or causing to be delivered to the President, Managing Director, or Secretary or Super- mtendent of the Company owning, running or using such Rail- way, or to any Officer having the management or control of the running of trains on such Railway, a notice in writing to that ettect with his reasons therefor, in which he shall distinctly heid d °'" *^® ^^^^^ °^ *^® ^^^^^ ^ ^® ^PP""®" , ?? J^.? Inspecting Engineer shaU forthwith report the same Mustroportta w wie ivauway v;ommittee, who, with the sanction of the Gov- '^" ^°°"*- tee, who may ernor 11 il « '•■.ft •r. nBr Cap. 68. 156 31 Vic. order. Power of En- gineer to exa- mine the works, &c. 'Company to -afford all ne- cessary infor- mation to Engineer. confirm or diB- emor in Council, may either confirm, modify or disallow the «Uow his j^gt or order of the Inspecting Engineer, and such confirmation, modification or disallowance shidl be duly notified to the Railway Company affected thereby. 33. Any Engineer or Engineers so appointed as aforesaid to inspect any railway or works, may at all reasonable times, upon producing his authority if required, enter upon and ex- amine the said railway and the stations, fences or gates, road crossings, cattle guards, works and buildings; and the engines, cars and carriages belonging thereto. 34. Eveiy Railway Company and the Officers and Directors thereof shall afford to the Inspecting Engineer or Engineers such information as may be within their knowledge and power in all matters inquired into by them, and shall submit to such Inspecting Engineer or Engineers all plans, specifications, drawings and documents relating to the construction, repair or state of repair of such railway or any portion thereof, whether a bridge, culvert or other part ; 2. Any such Inspecting Engineer shall have the right, whilst 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 Railway Company ; 3. The operators or officers employed in the telegraph offices of or under the control of the Company, shall, without un- necessary delay obey all orders of any such Inspecting En- gineer for transmitting messages, and any such operator or offi- cer refusing or neglecting so to do, shall forfeit for erery such offence the sum oi forty dollars ; 4. The authority of any such Inspecting Engineer shall be sufficiently evidenced by mstructions in writing, signed by the Chairman of the Railway Committee and countersigned by the Secretary thereof. 35. The Governor in Council, upon the Report of the Rail- way Committee, may authorize or require any Railway Com- pany to construct fixed and permanent bridges or to substitute such bridges in the place of the swing, draw or moveable bridges on the line of such Railway, within such time as the Governor in Council directs ; and for every day after the period so fixed during which the Company uses such swing, draw or moveable bridges, the Company shall forfeit and pay to Her Majesty the sum of two hundred dollars ; and it shall not be lawful for any Railway Company to substitute any swing, draw or moveable bridge m the place or stead of any fixed or permanent bridge already Engineer to be conveyed by Company. Telegraph operators to obey his orders. Proof of his authority. Crovemor may order perma- nent bridges to be substitu- ted for move- able bridges. Penalty for neglect. 31 Vic. disallow the jonfirmation, fied to the as aforesaid onable times, ipon and ex- )r gates, road L the engines, Eind Directors or Engineers ye and power ibrait to such ipecifications, ion, repair or reof, wnether } right, whilst ravel without the railway, the ofl&ces of legraph offices without un- ispecting En- lerator or offi- )r erery such neer shall be signed by the rsigned by the b of the Rail- Elailway Com- • to substitute veable bridges the Governor leriod so fixed wr or moveable r Majesty the lawful for any ■ or moveable aanent bridge already 1868. 157 Cap. 68. already built and constructed without the previous consent of the Railway Committee. • ^f\\^^^ ^^® ^^®^® * Railway is constructed or autho- Certain pow- rized to be construdted, across any turnpike road, street or other |,'«.7'***1''^ public highway, on the level, the Railway Committee, if it ap- ^^'iSC' pears to them necessary for the public safety, may, with the'^P^**« sanction of the Governor in Council, authorize and require the urfevt Company to whom such Railway belongs, within such time as <>^ ai«veL^ the said Committee directs, to carry such road, street or high- way either over or under the said Railway, by means of a bndge or arch, instead of crossing the same on the level or to execute such other works as under the circumstances of the case appear to the said Committee the best adapted for removing or diminishmg the danger arising from such level crossing; and all the provisions of law at any such time applicable to the taking of land by Railway Companies and its valuation and conveyance to them, and to the compensation therefor, shall apply to the case of any land required for the construction of any works for effecting the alteration of such level crossing. 37. Whenever any level crossing on any Railway shall be out of repair, the Chief Officer of the Municipality, or other local division, havmg jurisdiction over the Railway so crossed may serve a notice upon the Company in the usual manner requiring the repair to be forthwith made ; and if the Company shall not forthwith make the same, such officer may transmit a copy of the notice so served to the Secretary of the Railway Committee ; and thereupon it shall be the duty of the Com- mittee, with all possible despatch, to appoint a day for an exami- nu-°i^J5^° *^e matter; and shall by mail, give notice to such Chiet Officer, and to the Comnany, of the day so fixed ; and upon the day so named such crossings shall be examined by an Engineer appointed by the Railway Committee ; and any certificate under his hand shaU be final on the subject so in dis- pute between the parties; and if the said 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 sue. certificate ; and in ^ase of default the proper authority in the municipality or other local division, within whose jurisdiction the said crossing is si- tuate, may make such repairs, and may recover all costs, expen- ses and outlays in the premises, by action against the Company m any Court of competent juri, liction, as money paid to the Company s use ; Provided always that neither this section nor any proceeding had thereunder shall at all affect any liability otherwise attaching to such Company in the premises. Railway Com- pany may be required to repair any level crossing out of repair. Inspecting Engineer's cer- tificate to be conclusive. Proviso. 38. i.i! Cap. 68. 158 31 Vic. it ,*•> [•*• ':!f5 Penalty for non-compli- ance. Notice of ac- cidents to be given to the Conunittee, When the 38. The Railway Committee, cm- the Inspecting Engineer or mayreg^te Engineers, may limit the number of times or rate of speed of speed, &c. running of tiuins or vehicles, upon any railway or portion of railway, until such alterations or repairs as they or he may think sufficient have been made, or until such times as they or he think prudent ; and the Company owning, running or using such Railway shall comply forthwith with any such Order of the Railway Committee or Inspecting Engineer, upon notice thereof as aforesaid ; and for every act of non-compliance there- with every such Railway Company shall forfeit to Her Majesty the sum of two thousand dollars. 39, Every Railway Company shall, as soon as possible, and at least within forty-eight hours after the occurrence upon the Railway belonging to such Company of any accident at- tended 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 impas- sable or unfit for immediate use, give notice thereof to the Railway Committee ; and if any Company wilfully omits to give such notice, such Company shall forfeit to Her Majesty the sujv- :)f two hundred dollars for every day during which the omission to give the same continues. ^°t^**°r '*®* ^° inspection had under this Act nor anything in this Comply '^^^ Act contained or done or ordered or omitted to be done or from liability, ordered under or by virtue of the provisions of this Act, shall relieve or be coastinied to relieve any Railway 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 other personal representative of any person for any thing 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. Company to 4| Every Railway Company shall, as soon as possible after of BMxd tolts the receipt of any order or notice of the Railway Committee or officers, &c. Inspecting Engineer, give cognizance thereof to each of its officers and servants, in one or more of the ways mentioned in the fifty -second section of this Act. What to be deemed sufB- cient notice thereof. BirjB 4*. ill orders of the Railway Committee shall be considered as made known to the Railway Compati •■ by a notice thereof signed by tlie Chairman and counter .^gned by the Secretary of the Board, and delivered to the Vr -Ment, Yice-Prep.ident.. Managing 31 Vic. Engineer or of speed of >r portion of or he may 19 as they or ing or using ih Order of upon notice iiance there- Her Majesty as possible, rrence upon accident at- 1 using the ;unnel on or ;o be impas- »reof to the ly omits to [er Majesty iring which hing in this be done or is Act, shall apany, of or it by law, or the wife tor, tutor or y person for ipany, or for malfeasance jr or way to y to weaken ch Company uch liability lossible after 'ommittee or each of its aentioned in le considered >tice thereof Secretary of Managing 1868. 1(9 Cap. 68 the engineer or eng JeSrSut^X'^vTSSr^ make to th^ RaUwayTJaS^Si Xe^.^ orSI p''"^' "^--■ dent, SecretMy or Superintendent, of (kin , ^''*"- T"«"y. "'1 Uiod, m,^o^rvdy,ttS^fS: """''"'^ ^"^ °^ ""> »'<' 1. The causes and natures of such accidents and casualties • or b/i^f"'' '■' ''"* "^y """""^d a«d whether by night J. The full extent thereof, and all the particulars of the same; -ttingty-Ws rfS: Crp^TaS'TtH"-'™^ ""P^ °' *« tirto^h^e^^eZ-i'rSsrh^rr:. s/r V-- -" - »nd may order and dir»,.r „n„ pfT ™™™' ^haU be made up, jppoinied by -d deliver to tafr^ J ^^-'^ Co°;P-y to m ke u?,' ^^^5^ the said periodical returns returm oft,- ' '".J^'^'^'on to ling in the course of th^m.M^Ti''""'"' accidents occur- !o4ingtosuchComX^SherrtL"n "it ^^'^^y b- jury or not, in such &mf ind Z^Lr^ t^ ^'* P™"'^' '"- ScTfet -■^"''^ "" '^^^^^^-^^^^^T^^^^T. r^^ctivVttefirn'rS^ ^1?^ ^ "J*'" "" ^^'^ '« tte same have been so rioSj l °/™™"' fourteen, days after «««l«t. W maldnglrK ari it%e?Zw:' T' "^o^ annaii'i.r4::*z:etn^xtlirr'-"°--K^^- zi'y 117 -i.!- legedcommu- ^^Zl7^izfj^:x r~'??-.-f ^ the. juris- ssxw rtjisua, w «-nn;a the provisions of ^^"^"''"^ave, , , with respect to B ' a" .Kt"« .» Cap. 68. 160 31 Vic. certain Bail- ways the powers of the former Rail- way Commis- sioners. And may continue pro- oeedings com- menced by R. Commis- sioners. the Railway Act, chapter sixty-six of the Consolidated Statutes of Canada, apply, the Railway Committee constituted by this Act shaU be invested with all the rights and powers vested in the Board of Railway Commissioners under the said Act, col- lectively, or in any single member thereof ; and such powers may be exercised by the said Committee collectively or by any single member thereof, as the case may be, in the same manner andaseffectuaUyasthey might have been exercised by the said Board of Railway Commissioners ; but any inspection that may be required in respect of any such Railway shaU be performed in conformity with the provisions of this Act ; 2. All proceedings heretofore commenced by the said Board of Railway Commissioners may be taken up and continued ; and all orders and regulations of the said Board, and all penal- ties and forfeitures, for their contravention, may be enforced and recovered by the Railway Committee in the same manner and with the same effect as they might have been by the said Board before the passing of this Act. TRAFFIC ARRANGEMENTS. One Company 48. The Directors of any Railway Company may, at any time, make agreements or arrangements with any other Com- pany either in Canada or elsewhere, for the regulation and in- terchange of traffic passing to and from their Railways, and for the working of the traffic over the said Railways respec- tively, or for either of those objects separately, and for the divi- sion and apportionment of tolls, rates and charges in respect ot such traffic, and generally in relation to the management and working of the Railways, or any of them, or any part thereot, and of any Railway or Railway- in connection therewith, tor any term not exceeding twenty-one years, and to provide, either by proxy or othei-wise,for the apoointment of a Joint Committee or Committees for the better carrying into efFed any such agree- raent or arrarigement, with such powers and lunctions as may be considered necessary or expedient, subject to the consent ot two-thirds of the Stockholders voting in person or by proxy : 2 But every Railwa Company shall, according to their re- spective powers, afford all reasonable facilities to any other Railway Company, for the receiving and forwarding and de- livering of traffic upon, and from the several Railways belong- ing to or worked by such Companies respectively, and tor the return of carriages, trucks, and other vehicles ; and no Com- pany shall give or continue any preference or advantage to, or in favour of any particular Company, or any particular descnp- tion of traffic, in any respect whatsoever, nor shall any Com- pany subiect any particular Company or any particular descrip- tion of traffic, to any prejudice or disadvantage many respect whatsoever; may agree witn another respecting tr^c. Railway Com- panies must afford each other every facility for tl forwarfling of traffic, with- out preference or favour. 31 Vic. ted Statutes ted by this rs vested in id Act, col- uch powers ly or hj any ama manner ised by the inspection ray, snail be is Act; J said Board 1 continued ; ad all penal- be enforced iame manner by the said may, at any r other Com- ition and in- lilways, and ^^ays respec- forthe divi- in respect of igement and part thereof, herewith, for rovide, either it Committee y such agree- itions as may he consent of r by proxy : ig to their re- :o any other ding and de- ways belong- , and for the md no Com- i^antage to, or cular descrip- all any Com- icular descrip- in any respect whatsoever; 1868. 161 Cap. 08. which inte« la^Xt M^v'orwf -'r."' R^'^^y <"• rforesmd, be mutually idei by mdZ'k^/ ^% T"' Companies; and any 4«eme„rml'il*X"wotS A^»u W^lSZirall'S"^ " "■' f°-8»'"« P-vi.ir Zan S.'^^Sr^ ' this Act to be void. corpoS^S^^i^^Ef^f S« «y facilities- to any In- M™.„„, p^l tern,,:nTc„^&r'4'^'thnlSut^"''i"" ™SSp^""" Company demanding the same" °""'"n«>''Poi'"ed Express <;«mp,im». hating Z "snSnSlr n;'tJrL'^i'"^^^?.P'-y. De^t tW, refuses or '^eSect ^re^* o^^^^J'^Z" at any Station or Depot of the Company for whiA thev nZ or%tJS\T&r^ruc^r^~ii''zf^^^^^^ ZmZ" f^i^'P°>^ »f *" Railway ;-^d a B^ilway shaH te «.»-. ^ri^^ont mrofr^'XTthtoTher^ "^ "'"'' "-^ ""'"'• " Penalty on Companies or their oflSuen refusinflr or neglecting to forward traf- fic as above required. How recover- able and how to be applied. 11 RAILWAY Cap. 68. 168 31 Vic. MHi! :■«'■ / Lw""' RAILWAY CONSTABLES. OonBtableB 49. The Justices of the Peace for any County in the Pro- may be ap- vinces of Ontario, Nova Scotia or New Brunswick, assembled Ke line Tt at any General or Quarter Sessions of the Peace, and any any Railway, Judge of t^c \'innx of Queen's Bench or Superior Court, and how. ^^ gj^^j^ ^^^ ^^^ , p^.^,^..^^ ^j. Clerk of the Crown, or Judge of the Sesbiors (jf fcho Peace, in the Province of Quebec, on the application of the Board of Directors of any Railway Company whose Railway passes within the local jurisdiction of such * Justices of the Peane, Judge, Clerk, or Judge of the Sessions of the Peace, as may be, or on the application of any Clerk or agent of such Company there' "iriorized by such Board.may, in their or his discretion, appoint any persons recommended to them for that purpose by such Board of Directors, Clerk or Agent, to act as Constables on and along such Railway ; and every person so appointed shall take an oath or make a solemn declaration in the form or to the effect following, that is to say: Oath of office. " I, A. B., having been appointed a Constable to act upon " and along (here mmie the Railway), under the provisiuns of " {here insert the title of this Act), do swear that I will well " and truly serve Our Sovereign Lady the Queen, in the said " office of Constable, without favour or affection, malice or ill- " will, and that I will, to the best of my power cause the " peace to be kept, and prevent all offences against the peace, " and that while I continue to hold the said office, I will, to the " best of my skill and knowledge, discharge the duties thereof " faithfully, according to law. So help me God." 2. Such oath or declaration shall be administered in either of the Provinces oi Ontario, Nova Scotia or New Brunswick, by 9-ny one such Justice, and in the Province of Quebec by any such Judge, Clerk, or Judge of the Sessions of the Peace ; and every Constfxble so appointed, and having taken such oath or made such declaration, shall have full power to act as a Con- stable 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 Co'n- pany, whether the same be in the county, city, town, parish, district, or other local jurisdiction within which he was ap- pointed, 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 may be worked or leased by such Railway Company, and in all places not more than one quar- ter o^ a mile distant from such Railway or Railways ; and !-_,-« «11 o-n/iV. ^^rvnm»•a nroi'"''^,i'^'"a aT\A f iri vilprrps; fnv the apprehending By whom to be adminis- tered. Powers of such Con- stables, and to what local- ities they shall extend. Duties and p.owers of such Consta- bles : -1- -11 31 Vic. I the Pro- assembled , and any or Court, or Judge )ec, on the Company n of 8\icn i^essions of Clerk or Joard.may, mended to , Clerk or way ; and 3 a solemn , that is to act upon oviHions of will well in the said ilice or ill- oause the ■j the peace, will, tD the ties thereof }d in either Brunswick, ibec by any Peace ; and ich oath or 3t as a Con- ' security of lawful acts, ing thereto, ^s, landing- I such Coil- awn, parish, be was ap- jh Railway or to which ed by such a one quar- ilways; and "OfpM for the pprehending 1868. 163 Cap. 68. of f«fnnt ^^^V^,/^'' *^i« prevention, discoveiy and pr-osecution of felonies and other offences, and for keeping the peace, which n '^T\^t\ ^i\ ?PP"^"^^ ^'^^ ^'^h'" h^« Constablewkk ; and It shall bo lawful for any such Constable to take such per- sons aa may be punishable by sununary conviction for^y offence against the provisions of this Act, or of any of the Acte or By-laws affecting any such Railway, before any Justice or ir^!ZrT.T^^'% f"^ '""1^' "^>^' *°^"' P«"«h, district 01 other local jurisdiction within which any such Railway may pn.s8 ; and every such Justice shall have authority to deal with all such cases, as though the offence had been committed diction^- '''''"'''" " '' ^^'^ ^'™''' ""^ ^'' ^''^^ ''^^^^ j'*"^- f Onf "^ ^ m' '^"^i^^^f. of *\e Peace, in either of the Provinces Di.mi««i of ut Ontario, Nova Scotia or New Brunswick, and any Judge c>f-"S the Court ot Quccm's Bench or Superior Court, or Clerk of the ''""'*•""• Peace, or Clerk ot the Cmwn. or Judge of the Sessions of the Peace, m the Province of Quebec, may dismiss any such Con- stable who may bo acting within their several jurisdictions: and the Board of Directors of such Railway -lompany, or any Clerk or Agent of such Company thereto a thorLd^'by sucS Board niay dismiss any such Constable who may be acting on such Railway ; and upon every such dismissal, all powers protections anc( privileges belonging to any such person by' reason of such appointment, shall wholly cease; and no per-- son so dismissed shall be again appointed to act as a Constable tor such Railway without the consent of the authority by which he was dismissed ; ^ ^ inthe^offiZ n"/H^nr? Company shall cause to be recorded Keconiof ap- m the offace of the Clerk of the Peace for every county citv P«int«>ent cS SwavTRdlw:^''' "■ ''^''' Ir^ Jurisdiction wherefn suc^h b^to^^^^t. Kailway or Railways may pass, the name and designation of every Constable so appointed at their instance, th, dtte 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 CeTofffp ^^^i%f«---V- -ay be; and every such Pe.. Ueik of the Peace shaU keep such record in a book, to be open public inspection, charging such l.e or fees as the Railway Ummittee may trom time to time authorize, and in such form m the Committee may from time to time direct ; 5. Every such Constable who is guilty of any necrlect or p • , Ztrl '"'^ /" 't '^f '' P°"^*^^l«' ^haS be H^L on ' "S=L summary conviction thereof, within any county, city, district rM"^' or other local jurisdiction wherein such-" Railwiv J^ ^t '^^'^ "' •^"^• a penalty oi not more than eighty dollars, fhe amount' of which penalty r.i ,.l kar. - Cap. 68. 164 31 Vic And tons th«m r,pnaltv mav be deducted from any salary due to Huch offender, rsSchStlble be in receipt o/ a ^-lary [rom the Bjulway ComDanv or to iroprisoninent, with or without hard labour, for not more than two months, in the gaol of such county, city, district, or other local jurisdiction ; fi Fverv oerson who assaults or resists anv Constablf l^tln. aupoin^dV^esaid. in the execution of his {"ty - who inStes any person, shall, for every such offence, ^f liable on 8um2ry cinvicti^n, to a penalty of not u.ore than eighty doZs.Jr to imprisonment, with or without hard labour, for not more than two months. CompMiies to Company may impose penal- ties for con- travention of By-Uws. GENERAL PROVISIONS. . » AO Fverv Railway Company shall make such by-laws, «.ke*aw. ,ai^f and SuSnTto be oLerved by the conductors, en«ne for reguLion '"f,^"'!^ other officers and servants of the Company, and bv of conductors dnvors ana otner umi^cio «nivt Pniiwnv of such 2nd other offi- all other Companies and persons using the Kailway oi sucn •^ •*"• Company and such regulations with regard to tl>e construction of the callages and otTier vehicles, to be used in the trams on the Ralw of the Company, as are requisite for ensuring the perfect cr^^^^^ into effect 'of the provisions of this Act, and tlTorders and regulations of the Railway Committee. M Anv Railway Company may by a By-law impose upon .nv offitr^se?vantfor person who before the contravention of Sfy law ha' had notice thereof and iB employed by the Commnv a forfeiture to the Company of not less thuai thirtj daTpay of such officer or servant, for ^y contravention of S ^y Vw, and may retain any such forfeiture out of the salary or wages of the offender. 53 The notice of the By-law or of any order or notice of thf Railway Committee, or of the Inspecting Engineer or EtiSerrmay be proved by proving the dehvery o a opy TxT^Lf +n flip officer servant or person, or that he signea a t;rt^e™ot"t:ra "py thereoF ™ P-^^J" -^be"^ Xre his wirk or his duties, or some of them, were to he per formed. S3 Such proof, with a proof of the contravention shall be a full answerW defence fbr the Company in aiiy suit for t^ re^:^7i\^e.r.onni so retained, and such forfeiture shaU be over and above any penalty under this Act. How notice of By-laws or Orders may be proved. Wheusacb proof, Ac, to be a defence for the Com- pany. . . ^ XSA No such Company shall cause any obstruction in or Nottoimpedt 04. iNO SUcn Kjuiu^a j ^ir „„„ ^ivAr strpam or canal to or navigatioiT^ i^^pede the free navigation of any river, stream or cauiu ^Lb or along which their Railway is earned. S9. 81 Vic i^' ^^' regulations as to the care and ZoS &p?:p"4'^ ^"^ ^' '^'"'^ -I'-^^^^ ^- trespas'^ - 68. No person, any of whose cattle being at large contrary Tf wii«^ such r^rr"?^ '^'^^^^^ ''^'y-'^^' ^^^ kilfed by fny tS -i^eSK so as to allow the safe passage of the trains. J©. Every Railway Company,8hall cause all thistles and other Ground h. noxious weeds grow ng on the cleared land or ground aCniW the Railway and belonging to such Company to be cut dowf ^i^'^^k*''^ and kept constantly cut down or to be ro^oted out of the same -M. requLmente^omP 7«^? ^''"T-^"^ ^^^i' **^ '^^P^^ ^i*" the Consequence S +1 i^ i^ ^'''* P^e«e^i«g section within twenty days f °«>ittin^to after they have been required to comply with the same bv " '"• notice from the Mayor. R^eeve or Chief^O^ffirer Vthe Mun--^^ pahty of the Township, County or District in which the "and or ground lies or from any Justice of the Peace therein such usTrX^M " •''^'Ty '""T ' ^'""'"'y «f ^^^« dollars to the Tnd Iw R '-Pu^l^^'.u^^^ ^° *^" P^^^'"««« «f Nova Scotia fnr.^r^ T'^-'"'^ V^^ ?^"'^"«^ ^^ the P«or for the locality tor each day during which they neglect to do any thing which Mavor rZ " Vffl^"^''^ *t" ^" ^^ ^"^^^ ^°ticef and fhe sa 3 S.'f 1 ^ Officer or Justice of the Peace may cause all Sd tf k'"' T^^'^*^" ^^'^ ^''^P^'^y ^ere lawfully re- hvSi If ^-r ,!""'' •°*^^''' ^^^^^'^ that purpose may enter •InnT r*^ ^'' '^'^'^'^f^ "^ ^^^'^'"e^ "P^'^ ««ch lands or ST^l wu^ 'T"^"" ^^ '^P"°«^^ ^""^ charges incurred in so doing, and the s.ud penalty with costs of suit^n any Couit recove1-ed" '''"'' '"^ '""''' ^' ^^"' "'"^'"^^^ ^^^S^^* *« be 72. The interest of the purchase money or rent of an^ rapl T..„^..^f property acquired or leased by any Railway Company' and p'^^^^mo necessary "^^*"""^*"^ Cap. 68. 168 31 Vic. r«: ■•311 U^M>' KK- :*■■ real property necessary to the efficient working of such Railway, and the working*^^^ price or purchase money of any real property or thing, without penses. which the Railway could not be efficiently worked, shall be considered to be part of the expenses of working such Railway, and shall be paid as such out of the earnings of the Railway ; Penalty on persons ob- structing free nse of Rail- way. PENAL CLAUSES. 2, Every person who, by anj- means or in any manner or way whatsoever, obstructs or interrupts the free use of the Railway, or the carriages, vessels, engines or other works inci- dental or'relative thereto, or connected therewith, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in the common Gaol of the District or County, where the conviction takes place, for any term less than two years ; or, in the Penitentiary, for a term not to exceed five years, and not less than two years ; Penalty on 3. All persons wilfully and maliciously, and to the prejudice agT^R^wa of the Railway, breaking, throwing down, damaging or des- ** ^*^ troying the same, or any part thereof or any of the buildings, stations, depots, wharves, vessels, fixtures, machinery or other works or devices incidental or relative thereto, or connected therewith, or doing any other wilful hurt or mischief or wilfully or maliciously obstructing or interrupting the free use of the ' Railway, vesr.els, or works, or obstructing, hindering or pre- venting the carrying on, completing, supporting and main- taining the Railway vessels or works, shall be guilty of a K the offence misdemeanor, unless the offence committed amounts, under some be a felony, ^^j^^^ ^^^ ^^ j^^^^ ^^ ^ felony, in which case such person shall be guilty of a felony, and the Court by and before whom the person is tried and convicted, may cause such person to be punished in like manner as persons guilty of misdemeanor or felony, as the case may be, are directed to be punished by the laws in force in Canada. Punishment of persons doing anything to Railway with intent to in jure persons or property- And if such damage be ac- tuallv done. 13. If any person wilfully and maliciously displaces or re- moves any Railway switch or rail of any Railway, or breaks down, rips up, injures or destroys any Railway track or Railway bridge or fence of any Railway or any portion thereof, or places any obstruction whatsoever on any such rail or Railway track, or bridge, with intent thereby to injure any person or property passing over or along such Railway, or to endanger human life, such person shall be guilty of misdemeanor, and shall be pun- ished by imprisonment with hard labour in the Common Gaol of the Territorial Division in which such offence is committed or tried, for any period not exceeding one year from conviction thereof ; and if in consequence of such act done with the intent aforesaid, any person so passing over and along such Railway, actually suffeis any bodily harm, or if any property paasing ov«r 31 Vic. f, and the g, without i, shall be 1 Railway, Railway ; manner or use of the iv^orks inci- 11 be guilty e punished or County, 3 than two sxceed five e prejudice ng or des- 3 buildings, ry or other connected or wilfully use of the ing or pre- and main- ;uilty of a under some jerson shall 3 whom the jrson to be lemeanor or shed by the )laces or re- f, or breaks : or Railway 3of, or places ilway track, or property human life, ball be pun- )mmon Gaol 3 committed n conviction th the intent ch Railway, crty paasing over 1868. 169 Cap. 68. over and along such Railway be injured, such suffering or injury shall be an aggravation of the offence, and shall render the offence a felony, and shall subject the offender to punish- ment by imprisonment in the Penitentiary for two years, or in any other prison or place of confinement for any period exceed- ing one year and less than two years. T4. If any person wilfully and maliciously displaces or And if any removes any Railway switch or rail of any Railway, or breaks F?™"" ^. . down rips up, injures or destroys any Railway track or Rail- HfebelU" way bridge or fence of any Railway or any portion thereof, or the offence to places any obstruction whatever on any such rail or Railway aiLSKr track or bridge, or does or causes to be done any act whatever whereby an engine, machine or structure, or any matter or thing appertaining thereto is stopped, obstrnted, impaired, weakened, injured or destroyed, with intent thereby to injure any person or property passing over or along such Railway and if in consequence thereof any person be killed or his life be lost, such person so offending shall b iity of manslaughter, and being found guilty, shall be punisu.d by imprisorment in Puniahment the Penitentiary for any period not more than ten nor less than four years. 15. If an> person wilfully and maliciously does or causes Committing to be done, any act whatever whereby any building fence any injury construction or work of any Railway, or any engine, machine ttTmifc or structure of any Railway, or any matter or thing appertain- °»eanor. in^ to the same is stopped, obstructed, impaired, weakened, injured or destroyed, the person so offending shall be guilty of a misdemeanor, and be punished by imprisonment with hard labour not exceeding one year, in the Common Gaol of the Ter- ritorial Division in which the offence was committed or has been tried. 76. Every person who bores, pierces, cuts, opens, or other- Punishment r>£ wise injures any cask, box or package, containing wine, p«'^°°5^"""» spirits or other liquors or any case, box, sack, wrapper, pack- cLk^ or Jack- age or roll of goods, in, on or about any car, waggon, boat, ^^^ »° i^ail- vessel, warehouse, station-house, wharf, quay or premises of **^" or belonging to any such Railway Company, with intent felo- niously to steal or otherwise unlawfully to obtain or to injure the contents, or any part thereof, or who unlawfully drinks, or wilfully spills or allows to run to waste, any such liquore, or any part thereof, shall, for every such offence, be liable, on summary conviction before one or more JusticeF of the Peace, to a penalty of not more than twenty dollars, over and above the value of the goods or liquors so taken or -destroyed, or to imprisonment, with or without hard labour, for not more than one month. 77. Cap. 68. 170 81 Vic. of^pewons" V '^'^' ^^^U person wilfully obstructing any Inspecting En- structing In- gineer in the execution of his duty shall, on conviction before specters in the a Justice of the Peace having jurisdiction in the place where their duty. ^^6 offence has been committed, forfeit and pay for every such • offence any sum not exceeding forty dollars, and in defaiilt of payment of any penalty so adjudged, immediately, or within such time as the said Justice of the Peace appoints, the same Justice, or any other Justice having jurisdiction in the place where the offender resides, may commit the offender to prison for any period not exceeding three months ; but such commit- ment shall be det'^-rmined on payment of the amount of the penalty ; and every such penalty shall be returned to the next ^ ensuing Court of General or of Quarter Sessions in the usual manner. !-■*."■ I^iimhmeiu 78. If any officer or servant of, or person employed by any contravwiing ' Railway Company, wilfully or negligently contravenes any by-laws, &c. By-Ijaw or regulation of the Company lawfully made and in force, or any Order or Notice of the Railway Committee, or of the Inspecting Engineer or Engineers, of which a copy has been delivered to him, or 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, then if such contravention causes injuiy to any property or to any person, or exposes any pro- perty or any person to the risk of injury, or renders such risk greater than it would have been without such con- travention, i-lthough no actual injury occurs, such con- travention shall be a misdemeanor, and the person con- victed thereof shall in the discretion of the Court boutie whom the conviction is had, and according as sucJi Court eru- siders 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, so as no such fine exceeds four hundred dollars, nor any such imprisonment the term of five years ; and such imprisonment, if for over twt> years shall be in the Penitentiary. Penalty in certain cases, and how re- covered. 79. If such contravention does not cause injury to any pro " perty or person, nor expose any person or property to the risk of injury, nor make such risk greater than it would have been without such contravention, then the oti[icer, servant or other person guilty thereof, shall thereby incur a penalty not e^v Deed- ing the amount of tliirty days' pay, nor less than fifteen days' Say of the offender from the Company, in the discretion of the ustice of the Peace before whom the conviction is had ; and such penalty shall be recoverable with costs before any one Justice of the Peace having jurisdiction where the offence ha*! be'- 1 committed, or where the offender is found, on the oath of one credible witness othei' than the informer. 80 1868. 171 Cap. 43. 80. One moiety of such penalty shall belong to Ker Majesty AppUcation for the public uses of Canada, and the other moiety to the °^- informer, unless he be an officer or servant of, or person in the employ of the Company, in which case he shall be a competent witness and the whole penalty shall belong tu Her Majesty for the uses aforesaid. 81. The Company may in all cases under the three next The Company preceding sections pay the amount of the penalty and cos+s "^^ P*y,P?- and recover the same from the offender or deduct it from uia duKm salary or pay. wages. APPLICATION OF PEN^ALTIEg. 83. AH penalties recovered und«v this Act, in respect to the How penalties application of which no other provision is made, shall be paid recoy&ied and to the Receiver General of Canada to the credit of " The Rail- *^^" way Inspection Fund." RAILWAY FUND. 83. Every Railway in Canada to which this Act applies, RaUway shall so soon as any portion thereof is in use, nay to the Receiver i»»spection General an annual rate to be fixed by the Ilailway Committee ^'""^* not exceeding ten dollars per mile of Railway constructed and m use : such rate to be paid half-yearly on the first days of January and July in each year, and to form a special fund for the purposes of this Act, to be called " The RaUway Inspection Fund." "^ ^ CERTAIN SECTIONS LIMirED. 84. In the constructions af the provisions of this Act, from What the and including section twenty-three, the expression " Railway ^""^^ " i^*'^- Company" or " Company " shall '-nclu '3 any person being the J5.Saii owner or lessee of or a contractor woiking any railway con- include, stnicted or carried on under the powers of an Act of Parliament. o4 VICTOKIA, CAP. XLIII. An Act to enable certain Railway Companies to pro- vide the necessary accommodaiion for the increas- ing traffic over their Railways, and to amend the Railway Ari, > 868. [Aniiantecl to Hth April, 1871.] W"HE_^SAS it may happen that a Railway Company Preamble u ' v,i-°^^ Railway is subject to the Legislative authority w the Parhament of Canada, as connecting one Province in the Dominion with another or others, or aa ftvf«ndmfT Ko^, - - limits ■SI Cap. 48. 172 34 Vic. limits of one Province, or as having been declared by Parlia- ment to be for the general advantage of Canada, or for the advantage of two or more Provinces, may from the increase of the traffic on such Railway and those connected with it, require at certain stations or places, more ample space for the proper accommodation of such traffic and of the public, than they now possess, or than they can take or acquire under the Act or Acts incorporating or applying to such Company, and it is ne- (iessary in the public interest and for the extension of the com- merce of the Dominion, that the most ample accommodation should be furnished for such traffic ; And whereas it is also expedient to make certain amendments to The Railway Act, 1868 ; Therefore Her Majesty by and with the advice and con- sent of the Senate and House of Commons of Canada, enacts as follows : -. I station or pl«ce. ti^' W» Proceeding |, Wheneve?* any Railway Company subject for any of the 8p«!e iTre^ causes mentioned in the preamble to the Legislative authority quired for the (<,*;' ^he Parliament of Canada (and whether " The Railway Act, ^n oUhe* 1B68," does or does not for other purposes apply to such Com- tr»ffio at any pany or tltoir Railway), requires at any station or place on the line of su?b Railway, mure ample space for the convenient accommoJ.ii ion of the public and of the traffic on the Railway, than thay then possess, or can take without the consent of the proprietors thereof, the Company may cause a plan to be made of the additional ground required at such station or place for tl^e purposes aforesaid, not being in actual vise for similar pur- poses by any other Railway Company, (and for the purpose of making such plan shall have the powers granted to Railway Companies for making surveys by the seventh section of " The Railw^ay Act, 1868,)" and may transmit such plan to the Minis- ter of Public Works, with an application (supported by affida- vit) on behalf of the Company, referring to such plan and stating that certain gi'ound shewn thereon is necessary for the purposes aforesaid, and that no other ground suitable for the purpose can be acquired at such place on reasonable terms and with less injury to private rights, and requesting the Minister to authorize the taking thereoi for such purpose under this Act, of which application ten days' notice shall be given to the owner or possessor of such property, and the correctness of the plan and the truth of the allegations in siich application shall be cer- tified by the Pi-esident or one of the Directors of the Company, and by their Engiueei', and such plan and statement shall be made and transmitted to the Minister in duplicate. Certificate of Commissioner of Public Works re- quired. 9. The Minister of Public Works shall enquire into the correctness of the plan and the truth of the allegations of the application aforesaid, and being satisfied thereof, shall grant a certificate to that effect, and declaring it to be necessary in the public interest, that the ground shewn on such plan, or any less 34 Vic. I by Parlia- or for the increase of 1 it, require the proper than they * the Act or nd it is ne- of the com- )mmodat7on las it is also ail way Act, ice and con- la, enacts as any of the ^e authority ailway Act, such Com- ilace on the convenient he Railway, isent of the to be made ir place for limiiar pur- purpose of to Railway an of " The ) the Minis- l by affida- t plan and ary for the ble for the e terms and be Minister ier this Act, the owner of the plan shall be cer- e Company, nt shall be [•e into the ;ions of the lall grant a 3sary in the tlan, or any less 1871. 173 Cap. 43 less quantity, should be acquired by the Company ; and such certificate shall be annexed to one ol the duplicates of the said plan and statement, and the other duplicate shall remain in the office of the Minister. Effect of auch certificati;, and applica- tion of certain proviBions of the F 'Iway Act to the land certified as necessary. Sale of land taken and not afterwards re- quired. 3. Upon the granting of such certificate as aforesaid, by the Minister of Public Works, and by virtue thereof, the Company shall have power to take the ground shewn on the said plan as required for the purposes aforesaid, without the consent of the proprietors, and the Company and all corporations or parties who could not otherwise convey thesame to the Company, shall have, with respect to any such ground, all the powers granted by the ninth section of "The RailwJiy Act, 1868," headed" Lands and their valuation," to Railway Companies, corporations, and parties who could not otherwise convey the same, with respect to lands which may be taken without the consent of the pro- prietors thereof; and the enactments and provisions of the said section, e? cept such as refer to the map or plan and book of reference therein mentioned, or as limit the extent of land to be taken, shall apply and are hereby extended to the ground men- tioned in the said certificate of the Minister of Public Works, and to all the proceedings connected with or consequent upon the acquiring or taking of --nch ground or any part thereof, with or without the consent of the proprietor ; and if at any time thereafter the Company shall not require the whole or any portion of the land acquired under this Act for Railway purposes, then such land as is not so required shall be sold by auction after thirty days' notice thereof in any local newspaper. 4. Any such certificate as aforesaid, purporting to be signed Proof of Cer by the Minister of Public Works, shall be received as authentic *^**** in all courts of law or equity, without proof of such signature or other evidence, unless its authenticity be called in question on behalf of the Crown. «. Subsection four of section twenty of The Railway Act, Sub-section 4. 1868, is hereby amended, by adding thereto, after the vforA^"- 20.o'3J " Company " therein, the foUowing words : amended. " 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 servants." 6. It shall be the duty of every Railway Company, when Duty of Cms- any passenger train shall be overdue for half an hour at any pany as toj/a«- ptation, according to the time table of such Company, to put delfy^*^" up on the outside of the Station House over the platform of the station in some conspicuous place, a written or printed notice signed by the Station Master, stating to the best of his knowledge and belief, the time when such overdue train mp-v Mr-' Cap. 80. 174 36 Vic. be expected to reach such station ; and every Railway Com- pany shall be liable to an action by any passenger awaiting the train at such station, for any neglect or omission of this duty, in which action full costs of suit may be recovered. To wh»t rail- 1. The provisions of this Act shall apply to every Railway r*^e«^ ^^^ Company heretofore, or which may be hereafter incorporated, and to every Railway heretofore constructed, or now in course of construction or hereafter to be constructed, as well as to those Railways and Railway Companies to which the said "The Railway Act, 1868," is by its provisions declared to be applicable. JJ6 VICTORIA. CAP. LXXX. An Act to amend the general Acts respecting Rail- ways. [Assented to 2Srd May, 1873] IN amendment of the general Acts respecting railways, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : 1. Each aiad every railway company heretofore incorporated or which may hereafter be incorporated, and subject to the jurisdiction of the Parliament of Canada, as well as the Govern- ment of Canada, with respect to all railways constructed by, or being the property or under the control of, the Dominion of Canada, shall have the right, on and after the lirst duy of No- vember in each year, to enter into and upon any lands of Her Majesty, or into and upon the lands of any corporation or per- son whatsoever, lying along the route or line of any railway, and to erect and maintain snow fences thereon, subject to the payment of such land damages (if any) as may be thereafter established, in the manner provided by law with respect to such railway, to have been actually si ffered : Provided always, that anj"^ snow fences so erected shall be removed on or before the first day of April then ne.\t following. H. For the purpose of connecting any town, village, manu- factory or manufactories, mine or mines, in the Dominion of Canada, with any railway owned or worked by any railway company whose line of railway is subject to the legislation of the rarliamient of Canada, and for the purpose of giving in- v;xcaaci-i iatiiitiea VO UUaiiiuoo, iu oiiaii lju iciTTiui iOi onty ntivii railway 36 Vic. ,ailway Coni- awaiting the of this duty, i^ery Railway incorporated, low in course 18 well aa to lich the said eclared to be 1873. 175 Cap. 81. Bcting Rail- •ailways, Her of the Senate ws: incorporated ibject to the s the Govern- Tucted by, or Dominion of jt day of No- lands of Her :ation or per- any railway, Libject to the be thereafter th respect to v^ided always, on or before illage, raanu- Dominion of any railway legislation of of giving in- fer any such railway ^nlr^^nff P^^**"''^' "^'^^ *"^ ''«"«t^'^«* «i«^ing« or branch hnes not to exceed m any one caae «ix miles in length ; and for that purpose every such railway company shall lave all thl powers given them by " The Railway Act.mK w'lh respect Act sTairaon V ro' ""' -«\-4f:" the provisions of theffi Act, shall apply to every such siding or branch line and thn construction thereof, as iell as to the main line ♦^?; Provided always that no railway company shall proceed to locate or bmld any branch line under this Act, untif public published in the county or counties through or in which such branch line is to be made, that it is the intention ol such com Ef :„T'lf '" t^f.«--r ^" ^^•^'^°-' '- .sanction the buiS- fo? that n,™^"'^ Y'lr'^ to appropriate the neces-sary lands 5^/ sU " P under the compulsory powers in - The Railway ^c« 1868. nor unless such company shall i)rior to the firi puWication of such notice have dep.ited in t ^ Reg tiy Office ot the county within which the lino is to be constructed the map and plans indicating the location of the line nc7r untU sd hZbi;''^" have «ubn.itted the same to. and 'such plan fx^lkt: onieToTe^ ' '^ ^'^ ^^^'^--"^^ '" ^^--^ ^t the 4. The order of the Governor in Council approvinir the con- struction of any such branch line shall limit the time not ex- ceeding two years from the date of such order, withVwhich JetecToTsS S ^^^^^^^^ '^^ P"-- ^--^- ^^- i' 36 VICTORIA, CAP. LXXXI. An Act to amend the Act, thirty-fourth Victoria, chapter forty-three, intituled " An Act to enable certain l^ailway Companies to provide the neces- sary accommodation for the increasing traffic over 1808 .. '^^^''' ^"^"^ ^"^ ^"^^"^^ ^he Kailway Act, \A88ented to May 2Srd 1873.] « Mows! * "' Commons of Canada, enacte V, r-''i, Cap. 81. 176 30 Vic. "6. It shall be the duty of every railway romjMmy, upon whose road there is a telegraph line in operation.to have a black- board put upon the outside of tLe Station House, over the plat- form of the .station, in some conspicuous place, at vwh station of such Company at which there is a telegraph otifice ; and when any passenger train is overdue for hall an hour at an^' such station according to tht time table of such Company, it shall be the duty ' t' tne Station Master or person in *>harge at such Station to write or cause to be written with white chalk on such blackboard a notice in English and Freurh in the Pro- vince of Quebec and in English in the other Provinces, stating to the best of his knc wledge nnd belief tin time when such overdue train may be expected to reach puch station ; and if when that time has come, the train ha, not reached the station, it shall be the duty of the Station Master or person in charge at the station to write or cause to be written in the blackboard in like manner, a fresh notice stat ng to the best of his kncw- edge and belief the time whensucl. overdue train may thenbt» expected to reach such station ; and every such Railway Com- pany, Station Master or person in charge at any such Station shall be liable to a penalty not exceeding five aoUars for anj' wilful neglect, omission or refusal to obey the provisions afore- said ; and any proceeding for the recovery of any such penaltv may be brought in the Province of Quebec, before any t wo Jus- tices of the Peace or before the Circuit Court of the District, or of the County in which district or county such Station is situate, and in the other Provinces before any two justices of the Peace, or the stipendiary or Police Magistrate for the City, Town, District or County in which such Station is situate ; the pen- alty recoverable under the provisions of this section shall belong to the Crown, and every proceeding brought by virtue of this section shall be commenced within one month following the commission of the offence and not after ; but nothing in this section shall prejudice the right of any person to the re- covery of damages from any such Railway Company by reason of the detention of trains as aforesaid ; and every such Rail- Company is hereby required to have a printed copy of thie section posted up in a conspicuous place ai. each of its Stations at which there is a telegraph office." 10 Vk , upon i black - le plat- Htaiiou :e; and at anv jany, it lame at e cnalk he Pro- stating )n such ; and if station, charge jkboard I kn(/W- then bt' y Com- Station for anj' ,8 afore- penaltj wo JuB- trict, or situate, e Peace, , Town. he pen- a shall f virtue allowing ihing in the re- y reason :h Rail- of thie Stations IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 1^ 1.4 2.5 1.8 1.6 y ^*^».% ■^ > ^-1 O / Phok^rdphic Sdeices Corporation >3 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ '9) 4r ^ II •^ t ■i ■^^■'' mmtm INDEX. Accidents, notice of, to be given to Railway Committee 158 returns of, to be made and penalty for neglect 64 1 59 Accounts, to be submitted to Legislature, &c, ......"."'.'.'.*.*. 52' 153 " to be rendered annually ' ' 144 Action, by or against Railway Company " limitation of '...'......,! 47 151 " for obstructing free use of Railway .!.*.'.....].'.'.*,'..*.*. *.".'. ' 47 " for damaging Railway [ At^ " fines, how recovered V7' lei " how applied '..'.'.'.'.'Z'.'.'.'.]'.'.'. 48 " when party may be committed, &c ,.,[,][ 43 " for contravention of Railway Act 48 152 for refusit to carry freight or passengers .'...'... ' 49 "^^ passengers Injured on platform have none ..........50, 150 " for neglecting to keep grounds in order. . . '. ' 56 " for cattle killed on track '[" ['^q -jgy A ". V S^^H^"^^ ^"^^ ^°"^S °^ '^"^^^"g casks' and packagesV.'.."..7l' 169 Agents of Canada Southern Railway in London and New York 12 A'J\ of Erie and Niagara Railway in London and New York.'.'.' ' ' ' 92-3 Aid to "Canada Southern" by Bonus " g.y " to Railways from Government of Ontario 'out if "'lUilwav Fu'nd"75.78 Aliens, rights of. in" C.S.R." a-yi^uua ,0 to Alterations in plan or survey how to be filed ..".. 05 Amherstburgh, Branch to % By-Law of Corporation confirmed 17 Anderdon , By-Law confirmed 17 Apparatus, best to be used on trains for communication......... 6.3 165 " penalty fur not using best eS-ci' 166 Appeals from summary conviction ".] ' 40 Arbitration, when lands appropriated ..*.**.*.'............... 29-31 " remedies by, extended "73 *' astoenhancedvdueoflandsadjoining,'whe'nsubmi'8si"on"to 80 under " Railway Act, 1868 " 132-5 Atlantic and Great Western Railway to have running powers over " Erie and Niagara " ^ ^ ^i^ 178 INDEX. n r ■ m i A 1 3 '! 1 i t' <* 1 :» !' »> i I PAGE Badges to be worn by servants of Companies 49, 149 Baggage cars not to be in rear of passenger cars 60, 1 50 Bertie, line to Sandwich or Windsor from 2 " line through, from " Erie and Niagara " to " Canada Southern " 98 Bills and Notes, C. S. R. Co. may be parties to 9 Bonds, " Erie and Niagara 4 " "C. S. R. Co." 6 Bonus, Municipalities may aid C. S. R. by 6 " to be deposited with Trustees 7 " teniis of trust arising from 7 Branch Lines 54, 174-5 Br.dges over Highways, &c 34-6 " to be used by foot passengers 166 " general provisions respecting 56, 58 " draw, trains to stop before crossing 63, 165 " when condemned by Inspector 66 " over Detroit River 99, 116 over St. Clair River 108, 118 Buffalo, line to , 96 By-Laws, General Provisions respecting 48-9, 149 " " Returns of, to be made to Railway Committee 159 Calls 41-3, 144-6 Canada, Debt to, from Municipalities not affected by Acts confirming By-Laws 17 Canada Southern Railway Act, 1869 5 " short title of. 18 " 1872 11 " 1873 15 Cattle Guards 36-6, 138-9 Cattle on track 166-7 " " highways near track ... 58 Certificate of Engineer on which to get Bonus ,10, 11 Changes in line : 64 Charter "Erie and Niagara," conditions of. 4 Chippewa, Railway to, from Fort Erie 82 Chatham, Branch line to 11 Checks to Baggage 49, 150 Clerk of the Peace to receive plans and surveys 24, 127 Commissioners, Railway, Board of 94, 67 " " Railway Committee of Privy Council to have same powers 160 Conductors, intoxication of, a misdemeanor 50, 150 " powers of 50, 150 Constables on Railways 68, 70, 162-4 Conveyances, Erie and Niagara Extension Railway ... 4 u (( TNDEY. 179 PAGE 49, 149 60, 150 2 nthern" 98 9 4 6 6 7 7 ....54, 174-5 34-6 166 56, 58 ....63, 165 66 99, 116 108, 118 96 ...48-9, 149 159 41-3, 144-6 firming 17 5 18 11 15 36-6, 138-9 166-7 58 ....,10, 11 64 4 82 11 49, 150 24, 127 54, 67 bo have 160 50, 150 50, 150 \, 70, 162-4 4 PAGE Conveyances, form of Fort Erie Rjiilway 32 87 Corporation, Legislature may dissolve .53 1 56 Crossi tigs, signboards to be placed at ...... . .' 35 " bell to be rung at 50 " v/hen out of repair 71 " further precautions at ,..* , 166 Crown, the rights of, not affected by " Railway A(3t ""....,'.".'.'.'.'.*.'.'.".".. 53 153 " Lands appropriated '.. ' 55 Damaging Railway 168-9 Dangerous goods 59-3 151 Debentures issued under " Railway Act " ......... '. .................'.'. ." . . .' 45 " forgery of, a felony .' 53 Dereham By-Law confirmed ................!!!..!....." 16 Detroit River Railway Bridge Co., Act incorporating QQ . . Act amending 116 Deviation of more than one mile not allowed 26 Directors of Erie and Niagara Railway Company.................*...'..."...' 2 " Powers of !!..!!.!!.. 3 . Qualifications and meetings of ' 3 General provisions respecting 38-41, 141-4 , ^. . " When officer of corporation to be one of the .' 46 Dividends 43-4,146-7 Elevators, &c., at Kingston, Oswego and Toronto 96 99 Elgin By-Law confirmed "'/'^ jq Enniskillen, line to River St. Clair from ^^''^''^'' '''''^''''^^'.^^. H " Petrolia and Oil Springs from ..,. 15 " ^rie and Niagara Extension Railway Co.," Act incorporating 1 " ;; ;; " " " short title. ....".■;.■.■.■.■.■.■ 5 " " " time for completing... 4 _ Act changing name... 6 Railway Co. Act, 1863 ... 88 " ^ " " " " (Amendments) 98 " Erie and Ontario Railway," connections with Fort Erie Railway Co.. 82 „ ". „ „ . " " Sale of portion to "Erie and Niagara"... 95 "Eno Railway of United States may run trains over Erie and Niagara Railroad 97 Errors in name of owner of property . .. \\\\ 26 Evidence, copies of minutes to be prima facie .'49 1 49 " Accident returns not to be 'g^ 159 Certified copies of By-Laws to be 43' 149 Expenses of working, interest to be considered part of. . . . .".' ........ .'75, 167-8 Extension of time, Municipalities aiding Railway may 'n-aut ' 12 " to C. S. R by Act of 1873 i..„,Z,...'^'^ ''''.'.'.'.] In a 180 m D£X. « (I (( <( (I « PAGE Fences to be erected by Compmy along line 35, 138 liability until erected 36,139 and roads to be kept in repair 63 exemption from liability for damage when erected 36, 139 " snow 174 Fort Erie Hallway Company, Act incorporating > 81 Directors and Shareholders of. 82,83 name changed 89 line from, to Chippewa and Niagara 82, 90 G- Gauge of Erie and Niagara Railway Comqany fixed 5 " of C. S. R. may be determined by Directors 10 Gravel pits may be appropriated 13 " " rails may be laid to 14 Grounds around Station to be kept in order 55 " act'on for neglecting to keep in order '. 50 Guards for protection of cattle 36, 139 Guarantee, powers of C. S. R. to 16 H Highwayp, leave to cany line along 34, 138 " Rail not to rise more than »ii inch on 34, 138 Bridges over 35, 138 Precautions when Railway crosses 35, 138 Cattle on, near track 58 General provisions respecting 56-8 u tt .fc: i Intercolonial Railway, application of Act of 1868 to 1 20-1 Inspection of Railways 65-7, 155--8' Fund therefor , 67-8, 171 " " Punishment for obstructing 170 Interest to be considered part of v/orking expenses 75, 1 67-8 Interpretation of words and expressions in "The Railway Act,"... 19-21, 6S "Railway Act, 1868" 121-3 Judge of County Court, when interested, who to act 72, 74, 132 K Kettle Creek, location of bridge over, conf rmed 17 INDEX. 181 PAGE .... 35, 138 36, 139 63 36, 139 174 81 82, 83 89 a 82, 90 5 10 13 14 55 50 36, 139 16 34, 138 34, 138 35, 138 35, 138 58 56-8 120-1 5-7, 155--8' ..67-8, 171 170 ..75, 167-8 ..19-21, 6S " 121-3 Lands, extent to be taken for line specified o/tlq " of Beach, &c. " "^ « zt^Za and their valuation 9^' i;^ who may convey IIZZZZZ 27 ISQ who mav IfiflMA ^•> *^^ who may lease how proprietors par indivi^ may conVev 9S ^V^ Notices, &c., when appropriated. i!!'.'.'.!!!!!".;;!!! 28 131 when owner absent, &c 29* hen owner refuRPn r!nmr>o«„»o ^a''l"'*'*"*WA"AV"' ,'^ 132 ampirtiT^fr™::!^^^^^ ^T."!"."?. .!!'"'' """"'' «^known"o;**iand*encumWed;'&a; ^^ how Corporations may dispose of ."'.*.'.* ^^' Jon m Quebec ••; \f* held by Indians .'.'." fj' W^ required for increased traffic accommodation.";.'.'.*.'.:. "".' 78 80 held by tne Crown '' ^" certain conveyances of, deciared Valid '.*.'"* Iz appropnated for traffic purposes under 34 VJct 'cap "is 17^ Lapse of Company's powers. ........; ' ^' * * ' ' } J^ Lewiston^ lands in may be purchased bV "'e"'& N " ' qq Lme of Railway, chanaps m '' ^^ Railway, changes in. Locomotives to have bells or whistles .....50 M 54 150 Mails, provisions respecting -, ,__ Maiden By-law confirmed.. . ' ^^^ Maps and profiles to be filed 'when'l'iile'c'ompiete'd";.". ^9 Meetings, general ^ " -ft"7i"V./: Municipalities may take stock... °^"**^' ^^^'^ 4.0 N ,164-5 Navigation not to be impeded ;' stock m Erie and Niagara Rtiiiway ....'.■.'.'. '. q« 2 Notice given by Secretary to be deemed notice by Director;.'.'.'.'.;:'.:;: 47, 72, 74, 132 17 Obstructing free use of railways , „„ ^ Officials, Company may pa^s By-laws regu'lating.'.';.' ;;;;:; gg ?«? . P"«/«hment for contravening By-laws.... '\l\ OnUno. d^btji^m Mum^^^^^^^^ by'Acts'co'nfi^min'g '^' Opening of line, noti'c*e'to'be*gVven.'&c.'.'.'.'.'.".' 'aly'^ ,11 ' may be postponed .'.'.'.■.'.■.■.'.'.■.■.■.'.'.'.■.'.'.■.'::;: 154 f jj i |gr 'i 1 P 1 1 1 ii '■ ^T"1T ' iV^' l*tA»- 182 iNDEX. P PAGE Penal clauses in " Railway Act" 59-02 " inActoflH68 108-70 Penalties, how recovered and applied OS, 171 Plans and surveys, provisions respecting 24-0, 1 20-9 "Poi-t Dalhousie and Thorold Rjulway," connection with, &c 82 Port Robinson, railway to, from Willoughby 82, 97 Powers, extraordinary, of C. S. R 14 to guarantee, &c 16 to close roads through station grounds 18 of Companies incorporated under "The Railway Act" 22-24 " " "TheRaiiway Act, 1808"..123-6 lapse of 52, 153 President of Company, election of, &c 38-41, 141-4 " who to act in .absence of 44 Provincial Secretary to receive copies of plans and surveys 24 Proxy, Directors may vote by 13, 142 Public Act, every special Railway Act to be a hS Purchase money, Company not liable to see to application of 73, 150 R Railway Act (General) 18-08 " 1868 120-74 " " short title of. 18 Rail, third may be laid down on " Erie and Niagara " 5 C. S. R 10 Railway Committee of Privy Council 153-4 Railway Committee of Privy Council, general powers of 155 " " to have same powers as Board of Rsiilway Commis- sioners under " Railway Act." 100 Rivers, railways crossing regulated 56 Sandwich, line from Bertie to 2 Shares, nature and transfer of 44-5, 147-8 Shareholders 40, 148 " list to be entered in Book . 51 Signboards to be placed over crossings &c 35 Snow fences, provisions respecting 174 South Norwich By-law confirmed 10 Special Act, Companic established by, shall be bodies corporate, &c 22, 123 St. Clair River, line from St. Thomas to Enniskillen to 11 " Railway Bridge and Tunnel Company. 108 Act amending ,.... 118 St. Thomas, railway through 2 « INDEX. 183 PAGE 59-02 1(58-70 GS. 171 4-6, 12G-9 82 82, 97 14 16 18 22-24 ^68 "..123-6 52, 153 -41, 141-4 44 24 13, 142 hS 73, 150 18-68 120-74 18 5 10 153-4 155 )mmis- 160 56 ........ 2 4-5, 147-8 46, 148 51 35 174 16 porate, ... 22, 123 6 11 108 ......... 118 9 St. Thomas, Railway from St. Clair River to ^^°f t5, , , " By-law confirmed ,? t5tock, how transferred ^J " may betaken by Municipalities. 1? ;; dn-ections as to subscription of, by £-Ve*'andNiagam 'Railway 2 ' C. S. R. 9 tT^^\ Municipalities may exempt Company's property from.. o Telegraph wire, provisions respecting \./ ^ ^ ^ kT i,? Tender, when work must be done hv ' J5o lolls, provisions respecting ni"Q«"'ion !? " Legislature may reduce........ ^^^^' ^^^"^1 Town:en5,"B;i;ToL^^^^^^ '^ approved' UyGo;e;no;-in-Councii 59 Track, walking or driving on, prohibited.'.'.....;;;;;.;.. og .i^ Iraffic, arrangements between Companies ■■■55"74"'75 1-50 i provisions forfurther accommodation by 35 Vict, cap 25 78-8J » interpretation of word ^ ' , ^V ." Act of 1871 respecting. .'; }JJ Trams, to start regularly .7 '••• ^'^ " time running through 'cities^ '&c.'. '. '.'.'.'.'.'. ]tl Tvhen late, notice to be given and how ...'....'.;; 'm 17« general provisions regulating '." fiil'* Ifii ? Tr„«f« ^^'^"^^y ^ommitt^o m^y regulate speed of ■.;:...... 1^8 li usts Company need not see to execution of " ^f ? Tunnel, under River St. Clair ,^J ^ " " Detroit :..:::;;;:; J?2 Toronto, lands in, for Elevators, &c '..V..V..V..V..V.;.*!.*.;;; 99 w Warrant, of possession qi u ''^'"' NiJSrL?™T". .'r. .1"; .'!".^T.™ '^^ ■"''*" ''^^ --^ „,.„" time for construction of }^ Willoughby, line from to Port Robinson '.'.';;; 09 J? Works in connection with railways, tenders for '. \'.\\ \ „ Working of railways, general provisions respecting 62-4*149 «