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Tous les autres exemplaires originaux sont film^s en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants cpparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour §tre reproduit en un seul clichd, il est filmd d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 S 9 < ( • ^ < \J PRINCIPLES h ^ OF C-' CANADIAN RAILWAY LAW WITH THE CANADIAN JURISPRUDENCE AND THE LEADING ENGLISH AND AMEEICAN CASES. TO WHICH IS ADDED THE DOMINION RAILWAY ACT As Amended up to 1886 : WITH REFERENCES TO THE PROVINCIAL STATUTES OF ONTARIO AND QUEBEC. f 0vm0 of ^r0ce»t»in00 in Sxt'rotitiatUin, AND A COMPLETE INDEX. By CHAS. M. holt, L.L.L., OF THE MONTREAL BAR. ptotttvttil : A. PERIARD, LAW BOOKSELLER AND PUBLISHER. 1885, v."^ y a J Entered according to Act of Parliament in the year One Thousand Eight Hundred and Eighty-five, by A. PKRIARD, in tlie Office of the Minister of Agriculture and Statistics at Ottawa. /^ /V^o^D PREFACE. The scope of this work includes all Canadian decisions, and general statutory provisions, affecting railway companies within the Dominion. Tlie Principles are taken from the Canadian Juris- prudence ; from the works of Chief Justice Rediield, Mr. Justice Chitty, Mr. Hodges, Professor Angel I, and other authorities of standing ; and from the lead- ing English and American cases in point. The Consolidated Railway Act 1879 has been subjected to so many amendments that it has been thought advisable to embody these in the act, and to present a full text of the statute, as it stands amended up to date. The writer's connection with a railway office has put him in a position to follow, to some extent, the course of Canadian railway jurisprudence ; and enables him to offer to the profession some decisions not previously reported. MONTUEAL, 2lld NoVGUlbcT, 1885. ABBREVIATIONS. Que, (as . reference to Railway Act), Qu- bee Railway Act, 43 & 44 Ont.'^t rreference to Railway Act), Ontario Railway Act. Revised Srauuc. OMtario, cap. 165, amendea by 47 V.c. cap 30. Can. Law Jour.. Canada Law Journal. C. p. u. Upper Canada Co.nmon Pleas Reports. u" c Ch y Upper Canada Chancery Reports. Q. B. U. C... . . Upper Canada Queen's Beach Reports. Out. Rep Ontario Reports. RadwayAct... Consolidated Railway Act 1879,42 Vic. cap. J. L_ (J J Lower Canada Jurist. ^ (J j^ J Lower Canada Law Journal. j^_ Q il Lower Canada Iteports. L N Montreal Legal News. j^^ L u Montreal Law Reports. Q. L. E Quebec Law Reports. g, (J. li Suprenrtc Court Reports. wm m TABLE OF CONTENTS. Table of Cases cited p. ix PEINCIPLES OF CANADIAN EAILWAY LAW. Page The Powers of Railway Companies 1 The Meetings of the Coujpany 2 Election of Directors 2 Compensation for service of Directors 3 Meetings of Directors .... '•) Qualification of Directors 4 Power to make By-Laws 4 By-Laws regulating the use of station and grounds 5 The Capital Stock 5 Transfer of shares Calls (5 Colorable subscriptions 7 Subscriptions obtained by fraud 8 Transfer by death, insolvency or marriage Forfeiture of stock 9 Right of Corporators and others to inspect books of company D Specific power to take temporary possession of public or private ways, water courses, etc 10 Expropriation of land 10 Compensation in cases of expropriation, 10 Entry upon lands before compensation is assessed 12 Contracts for the construction of the Railway 13 Mode of crossing highways 14 Decision of Company's Engineers 15 Damages by fire, etc 1(5 Injuries to domestic animals 18 Fencing 21 Law of Agency as applied to Railways 23 Injuries to servants by fellow-servants 25 Liability for torts 28 Exemplary damages 29 Limitation of actions or prescription 30 Records of Proceedings 31 Arrangements between diU'ereut Companies 31 J Vi TABLE OF CONTENTS. ^^^^ NeceBsity of contracts being under seal ]]*.!'.'.'.!'.'.".'.*'. 32 The Law of Mandamus '•'■■' 33 Certiorari ; 33 Raihvavs as common earners _ _ _ 34 Lin.itaiion of liability ^'V stipulation ....... ....••— 3, Notices as to ordinary and extraordmary lespuusanhty.. . ^ ^ ^^ Responsibility for passengers' baggage ^^ Whore carriers' responsibility begins • ' ■ ^^ Special property in goods.. '.]".'.].'* 41 Termination of responsibility 42 General duty of carrier •• •••;;• '/r/^^^theiV own limits. . . 43 The ,.ower of the Company to contract bej ond ne ^^ The Company's ^^^^^^^1:^2^ ^Zs;]Z:^^ decay, Goods of dangerous quality, perisliaoie .»t ^^ bad package, wear and tear, etc ',,,..... 43 Stoppage in transHu "" 45 Carriers' lien for freiglit • 47 Carriers' insurable interest in the goods • ^ ^ ^ _ ^^ Rule of damages for injuries to goods • ' • ' ^^ Common carriers of passengers . . . ..... • * * * " ' j^^' ' ' ' " " Hgence. . 51 Liability where both parties are in lault-contributory ^ ^„^ „ ^^ Lijnries producing death 54 B„le of da,nage, for injuria, to p»»«„?er« and o.herB I l,l>ilitv upon the sale of through ticKet*. ••••••— .. LiaMity Xre one cou.pany use, the track "^ «°°*-;;;;;;V;;. f, TratHc arrangements ; 58 How far parties' statements are evidence ^ ^ ,. ^ Passengers wrongfuly expelled from cars '.'. . . . . 59 LexLoci ;;;;;;;;; 59 Tickets 60 Carrying post station • gl Passenger asking change on the tram ••••;■;;;;;;;;;;;;; 61 Station 61 Stoppage bv snow blockade (. I Service upon Railway Companies '.".*.'.*.*.*.!!!".'....• 62 The Receiver • ,[..... 62 Execution against Railways ^.^ Builders' right of retention....... ••;••••• '.'..'..... 63 Etlectof46 Vice. 24 as to local Railways.- ^^ Company's liability as to goods in sealed car TABLE OP CONTENTS. Vll DOMINION RAIJ.WAY ACT. Paoe Application of Act 65 Interpretation 67 Incorporation 69 Power? 69 Planf) and surveys 76 Lands and their valuation 79 Highways and Bridges 98 Fences 102 Tolls 104 General meetings of Shareholders 108 President and Directors, their election and duties 108 Calls 112 Dividends 115 Shares and their transfer 116 Shareholders 118 By-laws, notices, etc 119 Working of the Railway 119 Trains overdue 122 Actions for indemnity, and fines and penalties and their prosecution. 124 General provisions 125 Railway Statistics 127 The Railway Committee 131 Traffic arrangements 144 Railway constables 148 General provisions 151 Penal clauses 160 Railway Fund 165 Interpretation Clause 166 Application of penalties 165 Application of certain sections 166 Repealing and saving clause 167 44 Vic. cap. 24. sec. 2 Schedules 170 45 Vic. cap. 37 179 46 Vic. cap. 41 182 Forms of Proceedings in Expropriation. QUEBEC. Notice aad certificate of Surveyor 187 Notification by party expropriated ofappointnient of his Arbitrator 189 Petition to Minister to name third Arbitrator and notice 191-193 Arbitrators' award 195 Warrant of possession 197 Certificate of Bank Cashier 199 Judge's order 200-201 Form of complaint under 45 Vic. cap. 41 202 ^j.j TABLE OP CONTENTS. Forms of Proceedings in Expropriation. ONTARIO. Page Arbitration notice, Surveyor's certificate, and notice of applica-^ ^ ^^^ tioii to County Judge 206 Certificate of Provincial Land Surveyor .",*."!.*!!! 206 Notice of application ] , .207 Notice to desist 207 Affidavit ••••• 209 T\ arrant from Judge of County Court • • • • ^^^ McVof appi^c'aVi;; foVwintmint'oV 'thi^d Arbitrator 212 Appointment of third Arbitrator '.'.*.. .213 Award 214 Agreement for Right of Way, etc • ' ^15 Conveyance for Right of Way ^ig By-law regarding the commutation of taxes 219 Complete Index to work TABLE OF CASES CITED. 'r«3i A PaGI! Ahraliam US. Reynolds 27 Ahrens vs. McGilligat 61 Aldridge vs. Q. W. Railway 17 Alexander vs. Toronto and Nipissing Railway 49 Allard vs. Grand Trunk Railway Co 30 Allyn vs. Boston and Ab. Railway ... 28 Alton Railway vs. Northcott 1 G Anderson vs. Grand Trunk Railway Co 30 Angus vs. Montreal, Portland & Boston Railway t 2 Asclier vs. Grand Trunk Railway Co 44 Attorney General vs. Niagara Falls International Bridge Co 31 Attorney General vs. Ontario, Simcoe and Huron Railway 42 Atwaterws. Grand Trunk Railway Co 35 Austin vs. Great Western Railway Co 49 B Bairdt's. Pettit 27 Ball vs. Grand Trunk Railway Co 16 Baltimore and Ohio Railway vs. Breming 28 Bank of Greenfield vs. Montreal and Canada Railway 57 Batchelor vs. Buffalo and Brantford Railway Co 56 Bates vs. Great Western Railway 35 Beckett rs. Grand Trunk Railway Company 23 Bell vs. Grand Trunk Railway Co 59 Bennet vs. Grand Trunk Railway Co 15 Bennett vs. Covert 22, 31 Bennett vs. Button 55 Bessette vs. Howard 23 Bird vs. Great Northern Railway Co 18 Bissell vs. New York Central Railway 49 Black & Lefebvre 26 Blackwell vs. Wiswall 24 Blake vs. Midland Railway 53, 54 Bodet'ham vs. Bennett 36 Boggs vs. Great Western Railway 51 Boon vs. Syracuse and Utica Railway Co 27 i'l i X TABLE OF CASES CITED. Page Borlape vs. St. Lawrence Steam Navigation Co 51 Bosweli vs. Hudson River Railway ■ ^0 Bouclierville vs. Grand Trunk Railway Co -^0 Bourdeau vs. Grand Trunk Railway Co 26 Bowen vs. New York Central Railway 50 Bowman vs. Foizy & Bros. Railway Co 19 Bradley vs. Boston and Maine Railway 28 Brewster et al. vs. Hooker et al 45 Briddon vs. Great Northern Railway 61 Briggs vs. Grand Trunk Railway Co 54, 60 Brockvilleand Ottawa Railway Co. vs. Canada Cent. Railway Co... 3 Broder vs. North Railway Co - 57 Brook y.s". Grand Trunk Railway Co 57,60 Brook vs. Pickwick 40 Browne vs. Brock ville and Ottawa Railway Co 30 Browne vs. Providence, Hartford and Fiske Railway Company. . . 19 Bruty vs. Grand Trunk Railway Company 40 BuUivantt's. Manning '^ Burrell t'.s. Jones ^ Burrows I's. Housatonic Railway Co 17 Burter vs. Wheeler 31 Butler vs. Hearne 3** Butler vs. Hunter 24 Butterfield vs. Forrester 51 Butterworth vs. Brownlow 38 c Cadwallader vs. Grand Trunk Railway Company 40, 41 Canada Navigation Company & McConkey 34 Campbell vs. Grand Trunk Railway Company 35 Campbell vs. Great Western Railway 53 Campbell et al. vs. Jones et al 44 Carpue v.f. London & Brantford Railway 48 Carroll vs. Now York and New Hamburg Railway 50 Cartier vs. Grand Trunk Railway Company 1 Central Vermont Railway I'.s-. Pagnuelo 22 Central Vermont Railway Company «& Paquet 21, '22 Champlain & St. J^awrence Railway Company vs. Simard 20 Chartier vs. Grand Trunk Railway Co 34, 37 Cheney vs. Boston and Maine Railway fiO Chicago & Atlantic Railway vs. Gretzner 28 Chicago and North Westorri Railway vs. Jackson 27 Chicago, Burlington and Quincy Railway vs. Parks 56 TABLE OF CASES CITED. XI ■ » ''K m Page Cliiid vs. Hudson Bay Company 4 Chillis i'S. Grand Trunk Railway Company 2+ Cliouleank vs. Leech 43 Clapp vs. Hudson River Railway 56 Cleveland Pacific and Atlantic Railway vs. Curran 50 Cockburn vs. Beaudry C Coggs vs. Barnard 33, 49 Coleman o. South wick 55 Colt vs. McMechen 34 Connecticut & Passumpsic Railway Co. & Conistock 7 Cooley vs. Grand Trunk Railway Company 19 Corporation of City of DrummonJ vs. South Eastern Counties Railway G2 Corporation of St. Joseph, Beauce and Q. C . Railway G3 Corporation of St. Liboire vs. Grand Trunk Railway Co 15 Corfwration of Tingwick vs. Grand Trunk Railway Company 15 Corrigan vs. Grand Trunk Railway Company 23 Cosette v. Vinton vs. Middlesex Railway 51 w Wade et al. vs. Canadian Pacific Railway Company 63 Walbur vs. Great Western Railway Company 61 Wardlowrs. South C. Railway 39 Wason Manufacturing Co. vs. Levis & Kennebec Railway 62 Watson vs. Northern Railway Company 50 Webb vs. Portland & Kingston Railway 28 Webster Ds. Grand Trunk Railway Company 6 Welles vs. New York Central Railway 49 Welton vs. Norther q Railway Company 23 West London Railway vs. London North West Railway 31 Weston vs. Grand Trunk Railway Company 47 Westover vs. Turner & Grand Trunk Railway Company 61 Whitney vs. Clarendon 55 Wilcox vs. Rome & Watertown Railway 28 Williamson vs. Grand Trunk Railway Company 24, 59 Wilson vs. Detroit & Milwaukee Railway Company 61 Wilson vs. Grand Trunk Railway Company 51 Wilson vs. Wilson 4 Woodrufi' vs. Great Western Railway 49 Woods vs. Devon 40 Woodward vs. Allan et al 36, 45 Wright vs. New York Company 27 Wyatt vs. Senecal et al 6 Wyld «s. Pickford 35, 36 3 Q t n ■ I ■ k B S H S t ' I PRINCIPLES OP CANADIAN RAILWAY LAW. THE POWERS OP RAILWAY COMPANIES. The carting of freight to and from the stations, is inci- dental to the business of Railway Companies, as common carriers, in the Province of Quebec. ^ And, generally speak- ing, the powers of the Company, unless restricted by its Charter or the Railway Act, 2 are similar to those of other joint stock corporations, i.e., perpetual succession, power to contract, to sue and be sued in corporate name, to acquire and hold such property as is necessary for carrying out the object of incorporation, to have a common seal, and to make its own by- laws and statutes, not in- consistent with its Charter or the Railway Act. ^ The majority of the shareholders cannot amend the charter, and bind the minority : the latter may interfere by way of In- junction, unless they have acquiesced. ■* But the principle that the directors and the majority of the shareholders may be restrained from employing money for one purpose which was subscribed for another, however advantageous, is not altogether applicable to a company incorporated for a pub« lie undertaking ; such as a Railway. ^ i.Cartier vs. G.T.R. Co., 12 L. C J. 149, Q. B. 2 Consolidated Railway Act of 1879, 42 Vic. c. 9 31. Blacketone Comm. 475, 476; I. VValford on Railways 69; II. Kent Comm. 277; I. Redficld on Railways, pt. II., par. 20, see, 1. Railway Act, sec. 19, ss. 17 and sec. 62, bs. 2. 4 Graham vs. Birkenhead, &c., R. R. ; 11. Moe and G., 146 ; I. Red" field on Railways, pt. II., par. 20, sees. 4 and .5 ; and Boone on Corp 166. 61. Redfield on Railways, pt.. II., par. 20, 8. 1.3; Stephens vs. South Devon Railway Co., 13 Beaven, 48. 3 t n s ■ 2 Principles of Canadian Railway Law. THE MEETINGS OP THE COMPANY. Meetings are either General or Special. No notice need be given of the business to be transacted at a general meeting ; but for a special meeting notice must be given, stating the business if it is unusual and important, as the election of an officer, or the making of by-laws, i A shareholder cannot obtain an Injunction ; forbidding a special meeting for the purpose of sanctioning a lease of a road to another Company, until a meeting has been called at which the accounts of the Company have been submit- ted ; unless fraud by the majority or corrupt influence have been proved. 2 ELECTION OP DIRECTORS. Railways may act in either of three modes : First, by the general assembly of the shareholders which, as between them and the directors, and other agents of the Company has supreme control of its affairs ; Secondly, by its direct- ors ; Thirdly, by its duly constituted agents. 3 The election of directors is a most important proceeding, and must be at a general meeting. ^ Vacancies are filled in the manner prescribed by the by-laws. ^ The shareholders may pass statutes controlling the directors, ^ as between them and the Company, but the Company cannot object to a third party, that their directors, who have acted as such, have not been legally elected. '^ Neither the President nor any nor all of the directors have any inherent power to bind the Company. 1 Railway Aol, sec. 19, Angell & Ames, para. 488-4%. I. Retlfielil on Railways, Pt. II, para. 21, 2 Angus vs. Montreal, Portland «fc Boston Railway, II. L. N. 203 and 23 L. (J. J. 161. 3 Walford on Railways, p. 70. 4 Railway Act, sec. 19- B Ibidem, ss. 3 Hodges on Railways, p. 45 ; Tfailway Act, s. 19, ss. 15. , 7 1. Redfield on Bailwaye, p. il, par. 22, sees. 1, 2. Principles of Canadian Railway Law. Their powers depend upon the general rules of the law of agency ; ^ and they will be personally liable when they exceed their powers, '^ It is not easy to determine except from each particular case, how far the directors may draw or endorse bills ; nor, indeed, what particular acts, they may or may not do. ^ By section 7 subsection 12 of the Railway Act, the right of the Company to borrow money for the working of the road is subject to certain restrictions. COMPENSATION FOR SERVICE OF DIRECTORS. In England, in the absence of contract, or usage from which it might be inferred, they have no right to such com- pensation.. ^ : MEETINGS OF DIRECTORS. The decision of a majority of the directors is binding upon the Board. ^ And in the absence of some specific pro- vision in the charter or by-laws, the assembling of a majo- rity will be treated as a legal quorum ; and notice to those absent will be presumed, unless the contrary appears. If the matter is of public concern^ or of an executive, or 'ministerial character, the act of the majority of the Board will suffice, although the others are not consulted or sum- moned. But where the function is judicial, i.e., involving a determination of some definite question, the whole Board must be summoned, and act together.^ B B % S I ■ m & ■ S I II. Iledtield on Railways, pt. 6, par. 135, sec. 19 ; Hodges on Rail- ways, p. 45, 6lh Edn, 2 Hodges on Railways, p. 38 ; Mitchell vs. Rockland, 41 Me. 363 ; Owen Ds. Van Alsten, 10 C. B. 318; Roberts vs. Button, 14 Vt. 195; Tyrrell vs. Woolev, 1 Man. G. R. 809; Burrell vs. Jones, 3 B. anj Aid 47. 31. Redfield on Railways, pt. 6, par. 136, sec. 4; Kingston Marine R. Co. vs. Gunn, 3 Q. B. 368; Topping et al. rs.Buff., Branttbrd & Goderich R. Co. ; 6 C. P. 141 ; B'kville & Ott. Railway Co. vs. Can. Cent. R. Co., 41 Q. B. 431. 41. Redfield on Railways, pt. 6, par. 137, sec. 1. sRailway Act, sec.l9, 68. 13. 61. Redfield on Railways, pt. 2, par. 23, sec. 6. 4 Principles of Canadian Railway Law. QUALIFICATION OP DIRECTORS. 1^0 person interested in any contract with the Ccmpany or holding any office in it, ^ may be a director ; and should a director enter into a contract with the Company, his office becomes vacant ; but the contract holds, although, it seems he can derive no benefit from it. 2 It has been held, however, that the contract must be one made with the Company, in the prosecution of its enterprise. ^ A contract between a director and the Company, to sell land required for the railway, is valid. 4 Insolvency will not disqualify a director ; although absconding from creditors has been held to do so. ^ A shareholder may by Mandamus compel the Company to complete the board of directors and fill vacancies. ^ POWER TO MAKE BY-LAWS. The directors may make by-laws for the management of the business of the Company, not inconsistent with the laws of Canada.'^ They must be in writing, signed by the Chairman, or President, of the meeting; and submitted from time to time to the Governor, fur approval, ^ Where this power is given upon certain subjects named in the charter, to a limited extent, this is regarded as an implied prohibition, beyond the limits expressed. Eccpres- sum facit cessare taciturn.'^ 1 Railway Act, sec. 19, ss. 16. 21. Rpdfield on Railways, p. 609. 3Sheiiield, Asli. «& Man. Railway vs. Woocicock, 2 Railway Cases, 622. 4Railway Act, s. 19, ss. 16. Wilson vs. Wilson, 6 Scott 640, p. 93. 61. Redfidd on Railways, p. 675 et seq. 7 Railway Act s. 19, se. 17. 8 Railway Act, s. 24. ociiild V8 Hudson B. Co. i 2 Keere W, M. s. 207, I. Redfleld on Railways, Pt. 2 par. 26, s. 3. Principles of Canadian Railway Laiv. 5 This power is incidental to every corporation, for the control of its officers, and agents, and to regulate the con- duct of its business generally ; and seems to be limited by the single condition, that they do not offend against law, good morals, or public policy. In England, it is considered requisite, that they should be made under the common seal of the corporation ; and in the case of railway By-laws affecting others than the servants of the Company, there should be the approval of the Board of Trade, or Railway Commissioners.! BYLAWS REGULATING THE USE OP STATION AND GROUNDS. A railway corporation has authority, to make reasonable regulations, for the conduct of all persons using the rail- way, or resorting to its depots ; without prescribing oUch regulations by formal by-laws ; and theSuperintendent of a railway station has the same authority by delegation. 2 The principle ocjems to be, as stated by Shaw, C. J., in Hall V8. Power 3 that, prima facie, railway stations are open to all persons ; but that it is a license conditional, subject to reasonable and useful regulations : and there is no doubt that if a person, after actual, or constructive, notice of such rule, violates or attempts to violate it, the Superintendent and his servants may remove him employing no more than the necessary force. THE CAPITAL STOCK. By a vote of at least two-thirds in amount of all the shareholders, the original capital stock of any Railway Company may be increased from time to time, to any 1 « n e K c » m i < I" I ■ n iHoJt^es on Ruilways, 426, Gtli Ed. 21. RedfleU on Railways, p. 101 (2). 312 Met. 482. !l 6 Principles of Canadian Railway Law. amount, i Eailway stock is personal estate. 2 The " rolling stock " of the Company is immoveable by destination, in the Province of Quebec. ^ And where it is hypothecated for bonds, the bondholder may, by conservatory process, prevent its being removed from the road. ■* TRANSFER OP SHARES. As to all persons but the corporation, or subsequent per- chasers in good faith, without notice, ^ the transfer must be in the form given in the Railway Act, ^ and in dup- licate. The Company will be liable in damages, for not registering a valid transfer. '^ It is not bound to see to the execution of a trust. ^ In Cockburn vs. Beaudry ^ it was held that, notwithstanding a previous transfer of the shares by the defendants, the plaintiff, a creditor of the ' Company, suing for the recovery of unpaid shares, could recover, if the debt accrued and became due while the shares were in the defendant's name in the books of the Company. ; In England the mode of transfer indicated in Com- panies Clauses Act,^^ jg permissive. In Canada the mode of transfer, given by section 22 of Eailway Act, is impera- tive. * CALLS. The directors may make calls, from time to time, in res- pect of the capital, subscribed and unpaid; and thirty days 1 Railway Act, s. 7, ss. 20. 2 Railway Act, hoc. 22, bb. 3. ;v 3G. T. R. Co. vs. Eastern Townships' Bk., 10 L. C. J. 11, and 1 L. C.L. J. 63Q, B. 4 Wyatt & Seneual et al., 1 L. N., 98 and 4 Q. L. R. 76. | B Boone on Corporations, 170. ' '1 SRailway Act, s. 22. 1 7 Webster vs. 0. T. R. Co., 3 L. C. J. 148, Q. B. 8 Railway Act, s. 22, hp. 5; Ilod^ee on Railways, p. 109, 6th Ed. »2 L. C. J., 283. , 108 & 9 Vic, c. 16,8. 14. -'H 4 Principles of Canadian Bailway Law. 7 notice, at least, must be given of each call, which cannot be made at less intervals than two months. ^ If the calls are not paid when due, interest, at the rate of six per cent, begins to run. 2 In Dumble vs. Peterborough and Lake Chemung R. Co., ^ it was held that where the Company build and put in operation part of the road ; and after the ten years limited by C. S. C. chap. 66, make calls, with view of constructing the remainder, any shareholder may restrain proceedings. And where the defendant pleaded prescription of six years to an action by a foreign railway Company, for the amount of calls on shares subscribed by defendant, held, that such prescription did not apply. 4 COLORABLE SUBSCRIPTIONS. Conditional subscriptions have been held to be invalid in England but the Canadian cases are otherwise, ^ Confiden- tial subscriptions, made for the purpose of making up the required sum, are a fraud upon the other subscribers, and consequently, invalid. ^ Subscription to indefinite stock does not render one personally liable for any amount which may be assessed. A forfeiture of the shares held will always release. '^ Each shareholder is individually liable to the creditors of the Company for a sum equal to the amount unpaid on the stock held by him ; but there must first be an execution against the Company, B IB K I >< S < 1 Railway Act, s. 20. 2 Idem., SH. 4. 812U. C. Cliy. 74. 4 The Conn. & Vi\m, Rivers Ry Co. & Cotnstock, I R. L. 5H9, Q. B. BMo(ji'e ct al. vs. Murphy, II U. C. C. P. 4tt; Idem, vn. Guriiey et al, 21 U. U. Q, n. 127, and 22 Q. B. 209 ; Uullivatit vs. Maimiii;?, 41 Q. B. 517. Rujrers et al. & Laurent, 13 L. C. J. 175, Q. B. The StauMtead, Shell'. & Chamldy 11. Co. vs. Brigham, 17 L. C. R. Hi. 81. Redheld on Railways, pt. II, para. 18. 71. Redlield on Railways, pt. II, para. 49. n 8 Principles of Canadlua Railway Laiv. returned unsatisfied, in whole or in part.^ Subscrib- ers are released from this obligation to pay calls, by a fundamental altemtion of the Charter. This is a fami- liar principle in the general Law of Partnership. 2 In the case where a Company was incorporated for the purpose of building a railway, and procured an additional special Act, by which they were authorised to purchase steamboats, it was held : tliat a subscriber, not having assented to the alteration, was absolved from his obligation to pay calls. ^ The corporation may sue those who have subscribed before the charter was obtained; but up to the allotment of shares, the subscriber may revoke his offer. Until then it is merely a proposition to take the number of shares speci- fied. 4 SUBSCRIPTIONS OBTAINED BY FRAUD. Where the directors of a Railway Company make representations on behalf of the company, to induce persons to subscribe to the stock, they so far represent the Company in the transaction, that if they induce such subscription by a substantial fraud, the contract may be avoided.^ The proper enquiry in such case is : whether the pros- pectus so issued contains such representations, or such sup- pression of existing facts, that, if the real truth had been stated, it is reasonable to believe the plaintiff would not 1 Railway Act, 8. 23 ; Moore vs. Kirkland, 6 U. C. C. P. 452. 21 Redfif'ld on Hailwayn, p. 20(i. 3Hartlii'ld & Newhaven Railway vs. CroRSwell; 5 Hill 38.3. I, Reillield on RuilwayH,pt. 2, par. 19, sec. IB; Denison fs. Leslie, 43 U. C. Q. ]{. 22 CI. Redtiekl on Raihva}^, p(. II, para 41 and 59. Principles of Canadian Railway Law. have entered into the contract.' IJnt tlie party is not entitled to relief by reason of the rej)resentatioii of any fact made in good faith, and upon reasonabh; ground of prol>a- bility, which })roves unfounded upon grounds eciualiy unknown to both parties.^ TRANSFER BY DEATH, INSOLVENCY OR MARRIAGE. The transferree, in any of those cases, must deposit in the office of the Company, a statement in writing, declaring the manner of such transmission ; and acconii)any this with his proofs.'^ FORFEITURE OP STOCK. Any person neglecting to pay a rateable; share of the calls, for two months after they become due, forfeits his stock. * The forfeiture must be declared at a general meeting,'^ and is a bar to all suits for breach of contract.*' The directors may sell the forfeited stock by ])ublic auction, or j)rivate sale,'^ but they must proceed with very careful attention to the mode of forfeiture prescribed by their Charter, or the Eailway Act. As in such a case they usually stand in the relations of both vendor and vendee their conduct in regard to fairness will be rigidly scrutinized.^ RIGHT OF CORPORATORS AND OTHERS TO INSPECT BOOKS OF COMPANY. Any shareholder may inspect the books at any reason- able time, and the Board of Directors have no power to 1 1. Rcdfleld on Railwaya, pt. II, para. oO aideiii, p. 226. s.Uailwiiy Act, sec. 22, as. 4. 4Iilctn, soc. 20, 88. 9. BliU'in, 88. 10. BllleiU, 88. 11. 7 Idem, S8 12. 8 1, lledtield on Railways, pt. 11 par. 60, 88. 2 j Hodges on Railways, p.p. 93, 97, 6tli Ed. Q » e t < b (4 > e ■ i * 10 Principles of Canadian Railway Law. exclude any member from this right, even upon the ground that he is unfriendly to tlie interests of the Company, i It has been held in the United States that the clerk of the Company cannot be compelled to produce the books on a subjjoena duces tecum.'^ Eedfield, C. J., does not consider that the books are, in any sense, indispensable })rimary evi- dence of the facts there recorded.^ SPECIFIC POWER TO TAKE TEMPORARY POSSES- SIGN OP PUBLIC OR PRIVATE WAYS, WATER- COURSES &c. The Company may construct the Kail way, along or upon any stream of water, or highway, provided that they re- store the same to its former condition, or, " to such state as not to impair its usefulness, "^ In case of doubt as to the extent of their powers, the Courts would interpret against the Company.^ EXPROPRIATION OP LAND. In Canada, the lands which may be taken without the consent of the proprietor, are limited to thirty-three yards in breadth ; except in places where the Eailway is raised more than five feet higher, or cut more than five feet deeper, than the surface of the line,^ and except for sta- tions, or protection against snow-drifts ; in which cases the extent of the expropriation may be larger.^ OP COMPENSATION IN CASES OP EXPROPRIATION. The duty to make compensation for property taken for public use, is regarded by the most enlightened jurists as II. Rcdfleld oil Railways, p. 228. 2Lk'in. Slilein. 4Railwiiy Act, sec. 7, p.h. 0. BHodgt'fi oil Railways, p. 162, 6th Kd. 6 Railway Act, sec. 9. 7 Idem, as amended by 4G Vic. c. 24, s. 2. J Principles of Canadian Railway Law. 11 founded on the fundamental principles of natural right and justice, and as lying at the basis of all wise and just Government.^ If the extent of this compensation is not agreed upon, recourse may be had io arbitration.'^ Any claim for dam- ages in consequence of tho mere intrusion of noise and bustle upon one's seclusion, is essentially anti-social, and . at war with the fundamental laws of society, which we should not be inclined to question.^ There seems to be no doubt, however, that danger by fire from the Company's engines, is to be considered, in estimating land damages.* The English and American rule seems to be that, in the absence of statutory provision on the subject. Railways are not liable for necessary consequential damages to land- owners, no portion of whose land is taken ; where they construct and operate th(ur roads in a skilful and prudent manner. And even such acts of a Railway Company as might have been taken into account in estimating land damages, will afford no ground of action against the Company.^ In a recent American case, Hanlin vs. Chicago and N. W. Rail- way Company ,6 it was held that incidental damages result- ing from the lawful location, construction, maintenance and operation ctf a railroad, in the vicinity of the land of a party none of whose land is taken, does not constitute a cause of action in his favor ; and the fact that the Railroad is locat- ed on, or along a public street, does not alter the rule, unless in a case where the location of the Railroad interferes with 1 to K e t A M «■ ■i r- > m R S n M. ... 1 2 Kent Coimn., 339 ; I. Redfield on llaihvayH, p. 297. 21lHil\vay Act, sec. 9, ss. 10 to 32 j and see casoe in new Ontario Digest, para. 3119-3141. 31. Redtield on Railways, p. 309, note. 4 Idem, p. 308, note. Bldeni, p. 310. OS. C. Wisconsin, November, 1884, reported in St. Louis Railway Register, April 18th, 1886. ■'.W- 12 Principles of Canadian Railway Law. his right of access to the street. The French authorities are against the Company, in all questions of damage, even through the legitimate use of the Eailway.^ The arbitrators must award a fixed sum, and not future monthly payments, dependent on completion of certain work .2 And if the award is bad in part it is bad in whole.^ ENTRY UPON LANDS BEFORE COMPENSATIOI^ IS ASSESSED. On an affidavit to his satisfaction that the inj mediate possession of the lands is necessary to carry on some part of the Railway, a Judge of the Superior Court for the District, if it be in the Province of Quebec ; or a Judge of the County Court for the County, if it be in either of the Provinces of Ontario or New Brunswic^i ; or a Judge of the Supreme Court, if it be in the Province of Nova Scotia, may grant a warrant for the immediate possession of the lauds* before the award or agreement.'^ But ten days notice of the application must be given to the owner of the land, and the Company must deposit in a Chartered Bank, to their own credit, and that of such person or party jointly, a sum, larger than the Judge's estimate of the probable compensation, and not less than double the amount tendered. ^ The Com- pany may enter upon any lands whatever, without previous license therefor, and make surveys, and other necessary arrangements, for fixing the site of the Railway.^ In Eng- land they tvre liable to an action in trespass or ejectment iDalloz, 1859, pt. 187; Meegan vs. G.T.R. Co.; Judgt. of Court of Appeals, Montreal, 26th May, 1885 ; G. T. R. Co. and Miville, 14 L. C. R.469, Q.B. 2 Monti, Ott & Occ, Railway vs. Bourgouin, 2 L. N. 131 ; 23 L. C J. 96 Q. B., and 3 L. N. 177, 24 L. C. J. 193 P. C, 1880. 3 Idem. * Railway Act, sec. 9, es. 28. B Idem, 16. 88.28(B). 6 Idem, sec. 7, ss. 13. Principles of Canadian Railway Law. 13 should they go beyond this, before making the compensa- tion required by Statute, i In Canada, a Company may, for the purpose of constructing or repairing their Eailvvay, enter on any land, not more than two hundred yards distant from the centre of the located line of the Railway, pro- vided it be not a garden, &c., and that the Company give notice of two clear days, to the owner, and pay into Court such sum, with six months interest, as shall be fixed as the value, by a Judge of the Superior Court. And their occu- pation may be as long as necessary. 2 CONTRACTS FOR THE CONSTRUCTION OF THE RAILWAY. No particular form of contract is requisite to bind the Company, unless where the Charter expressly requires it. And the English Courts have been of necessity driven to disregard the old rule of requiring contracts of Corporations to be made under corporate seal.^ If the contractor does not object to a deviation from the intended line of the road, but continues to receive certificates of estimates and payments, &c., he has been held in England liable on the contract.'* He is not generally personally liable for damage caused by construction.^ Where the Company act as Bankers for their contractors, and pay wages, &c.» they will be liable to the contractor's workmen for any breach of contract.^ 90 1 Hodges on Railways, 192 ; New Ontario Digest, para. 3135-38. 247 Vic. cap. 11, s. 3, ss. 3. 31. Retlfieldon Railways, para. 113; and see cases in New Ontario Digest, para. 3161-64. 4 Reg. vs. Caledonia Railway Co., 16 Q. B. 19, 3 Eng. L. and Eq. 285 ; and see Renaud vs. Corpn. of Quebec, 7 Q. L, R. 102. 6 Jackson et al. and Pacquet, 4 L. C. R. 495 Q. B. ; and see Renaud vs. Corpn. of Quebec, 7 Q. L. R. 102. OLapointe v*. C. P. R., VII L. N., p. 29. 14 Principles of Canadian Railway Law. MODE OP CROSSIJ^G HIGHWAYS. By the Rail way Act, 1 as repealed, and section substituted by 47 Vic. c. 11, sec. 3, the Eailway Committee are empowered to require the Company (where it appears to them necessary for the public safety) to carry the Railway either under or over any street or highway, instead of cross- ing the same on the level ; and this under a penalty of fifty dollars, for each day'sd elay. The General English Statutes require this to be done in every case.2 Every bridge, over or under which any Railway passes, and every tunnel through which it passes, must admit of an open headway of seven feet above the highest freight cars ; under a penalty not exceeding fifty dollars, for each day of wilful neglect of this provision.^ The question whether Railways come under the old term of '' Highways " is fully discussed in 8 Amer. Law Reg., 138 ; cited in Lieber'sHermeneutics, p. 24, note 4. No locomotive may pass through any thickly-peopled portion of any town or village, at a speed greater than six miles an hour, unless the track is properly fenced.4 The Railway Committee may limit the rate of speed, in any city, town or village, or any particular part of the same, provided always that such rate of speed, shall not in any case be greater than that allowed by section 76 of the Railway Act.^ And they may likewise make such regula- tions as they think proper with respect to the use of the steam whistle therein. <5 No train may stand at a crossing for a longer period than five minutes, under a penalty not exceeding fifty dollars for each infraction, with or without 1 Sec. 48. 2!Railway Clauses Consol. Act, par. 46. 3 Railway Act, sec. 15. 4 Railway Act, sec. 76. 5 47 Vic, c. 11, sec. 7,88. 1. 6 47 Vic, c. 11, 8. 7, 68. 2; Railway Act, s. 25, ss. 10. 'mSM Principles of Canadian Railivay Law. 15 costs, in the discretion of the Court.^ And Eaihvay cross- ings over private property, must be convenient for fanners* use. 2 The Company are not bound to construct bridges over points where their track crosses municipal roads, opened after completion of the Eailway.3 As to damages caused by construction of a bridge, vide Corporation of Tingwick m G. T. E. Co.4 A Eaihvay Crossing on the Company's premises for the convenience of Passengers on Eaihvay business, is not a public crossing.^ DECISION OP COMPANY'S ENGINEERS. As the time within which a Eailway has to be built, is often limited in the Act, and the manner of building is of the greatest possible importance to public safety, the law sanctions contracts for such undertakings, in forms not only unusual, but which might not be strictl}' binding in the case of ordinary contracts. It is almost universal in these contracts, to refer the quality, and quantity of the work done, and the consequent amount of payments to be made, from time to time, to the absolute determination of an engineer, employed by the Company.^ It has been held in the United States, that the engineer's decision in such a case must be respected, unless it can be attacked on the ground of partiality, or obvious mistake as to the quantity of the work. The quality is purely matter of judgment and discretion, and is intended to be concluded by the U7 Vic. c. 11, 8. 8. 2 Idem, 8. 9. 3 The Corp. St Liboire vs. G. T. Railway Co., 1 L. C. L. J., p. 54. 4 9 11. L. 3 to ami .S Q. L. R. Ill Q B. 6 Bennet vs. G. T. R. Co., 6 L. N., 271 . 61. Redfie Id on Railways, par. 112. ^3 '■■A I ! t m\ I i- 16 Principles of Canadian Railway Laiu. opinion of the Arbitrator. ^ In Milnor vs. Georgia Railway and Banking Co., 2 the report was set aside, on proof that the engineer was a stock-holder in the Company, but in Ranger vs. G. W. Railway,^ the Lord Chancellor held, in an elaborate judgment, that, as the contractor might have ascertained this fact, it would not void the contract. In Canada the Railway Committee may appoint an engineer, to determine any dispute, concerning repairs to crossings, and his report is conclusive.* DAMAGES BY FIRE, &,o. In the English Courts it seems to have been settled as early as 184:6, upon great consideration, that the fact of premises being fired by sparks emitted from a passing engine, is prima facie evidence of negligence on the part of the Company ; rendering it incumbent upon them to show that some precautions had been adopted by them, reasonably calculated to prevent such accidents.^ Where fire is caused by the dropping of coal, upon the track, and the Company do not exert themselves to extinguish it, they will be liable for damage to neighboring property.^ And they will be responsible if they do not keep the track free of combustibles.'^ In Piggott vs. Eastern Counties Railway Co ** Tindal, C. J., said: " The defendants ure a Company, 1 HerricU vs. Ver. Cent. Railway, 27 V . 673; Kidwell vs. Bait. & Ohio Railway, 11 Gratt 37fi; Alton Railway vs. Northcott, 15 111. 49 ; Scott vs. Corporation of Liverpool, 31 Law Times, 147 ; Ranger vs. G. W. Railway, 1 P. C. 1. 13 Sim. 368. 24Ga., 385. 3 Quoted ante. Note I. 446 Vic. c. 24, 8. 4. 61. Redfield on Railways, Pt. 5, par. 125 ; Hill vs. Ont. & Sim. Rail- way Co., 13 Q. B. 503. But see Hodges on Railways, p. 657, 6th Edn. 6 Ball vs. G. T. R. Co., 16 C. P. 252. 7 Jaffrey vs. Tor. Grey & Bruce Railway Co., 23 C. P. 553, and 24 C. P. 271. 83 C. B. 229 and 5 Huii:ton & Norman's Reports, p. 682. Principles of Canadian Railuay Law. 17 entrusted by the Legislature with an agent of an extremely dangerous and unruly nature, for their own private and particular advantage ; and the law requires of them that they shall, in the exercise of the rights and powers so con- ferred upon them, adopt such precautions as may reason- ably prevent damage to the property of third persons, through or near which their Kailway passes." In Hammond vs. South Eastern Kailway Company,^ evidence was offered to show that it was principally where the engines were overtasked, that they were liable to emit sparks. The jury gave plaintiff a verdict on this and other points, submitted them by Denman, C. J. In Vaughan vs. Taff Vale Railway Company,^ the Exchequer Chamber held (reversing the judgment in Exchequer) : that the Eailway Company, being authorised by the Legislature to use locomotive engines, were not liable for damage by fire from sparks issuing from the same, provided they have taken every precaution in their power, and adopted every means which science can suggest, to prevent injury from fire, and are not guilty of negligence in the management of the engine .3 If the Company resort to all known precautions against fire, they are not liable in the United States."* " It seems to have been assumed in this country (the United States) that the business of Railways being lawful, no pre- sumption of negligence arises from the fact of fire being communicated by their engines."^ But after other probable 1 Maidstone Spring Assizes, 1845. 2 5 Hurlslon&N.,678. SSame holding in Hewett vs. Ont. Siracoe & Huron Railway Co., IIU. C. Q. B., p. 604. *I. Redfield on Railways, pt. 5, par. 125. CI. Redfleld on Railways, pt. 5, par. 125 ; Aldridge »s.,G.W. Railway ; 3 Man. & G., 615 ; Rex vs. Peas, 4 B. and Adol 30; Hill vs. Ont. & Simcoe R. R. W. Co., 13 U. C. Q. B. 503; Rood vs. N. Y. &, Erie Railway Co. ; Barbour, Sup. C. Rep., p. 80; Burrows vs. Housatonic Railway Co., Am. Railway Cases, Vol II. p. 30; Philadelphia & Red. Railway Co. vs. Yeisin, Id. p. 326. > C 18 PHnciples of Canadian Juihvay Law. modes of accounting for the fire have been disproved, the onus is on the Company, to prove that the fire vv s not communicated by the engines of their train, passing at the time.i The French law, and consequently the law in the Province of Quebec, is that the Company is always respon- sible, notwithstandino the adoption by them of every means of precaution known to science. -' The defendants can only be held responsible for the immediate consequences of their act or neglect, and not for any remote and incidental result ; such as a fireman fatally injured, a family beggared, or a horse frightened, in consequence of the fire thus communi- cated by their engines. ^ INJURIES TO DOMESTIC ANIMALS. Where the owner of the animals is unable to show that, as against the Company, the animals were properly upon the track, or, in other words, that it was through the fault of the Company, that they were enabled to come upon the road, the Company are not in general liable, unless, after they have discovered the animals, they might, by tlie exercise of proper care and prudence, have prevented the injury. The fact of the killing of an animal of value by the Com[)any'3 engines, is not "prima fade evidence of negligence on their part.-* By the Railway Act^ no horse or cattle may be at large upon any highway within half a mile of a railway crossing, unless in charge of some person to prevent their loitering or stopping upon tlie track. And in Tiiompsonvs, Grand Trunk Railway Gompany,*^ where plaintilfs son, 1 Bird vs. G. N. R. Co., 28 L. J. N., 6 Exch. Il 2I)ttlloz, IHoS), 2iid pt. 187 ; Paluii, des Clie. de Per., pars. 002, fiOS, C. N. i;W2 ; Meogftn vs. O. T. 11. Co. ; Judgtiient of Court of Appi'uls, Montri-al, May, 1886. 2D L. C. J. 214, C. C. L. C. 1053, 31. P,odfield oti Railwayp, pt. 5, par. 125, hs. Ifi and 17. 4Soott !'■«. W. «& R. Railway, 4 Jones Law 432 j I. Redlieldoii Rail ways, pt. 6, par. 126. JaHniiii vs. C. P. R., VI L. N., 103. ft Sec. 79. 618Q.B., 92. Principles of Canadian Railway Law. 19 1 a boy of fourteen, was driving four of his horses to pasture, without bridle, or other means of control, and they were killed at the railway crossing ; held, that they were not "in charge of" the boy.^ If the animal gets upon the track from the highway, the Company are not liable for killing it 2 ; and in Thompson vs. G. T. R. Co.,^ the Com- pany were held not responsible, although they neither sounded the whistle nor rang the bell. The obligation to fence* applies only as against the owners or occupiers of the adjoining land.^ And though the Company have not fenced, they are not liable for cattle straying on to the railway track. ^ But in Browne vs. Providence, Hartford and Fiske Railway Company,'^ it was held that the obliga- tion to fence was " designed for the safety of the public and for the protection of all domestic animals, whether right- fully or wrongfully out of their owner's inclosure." Redfield, C. J., dissents most emphatically from this latter view : " We have yet to learn," he says, "any sound principle, upou which they (the Company) can fairly be required to guard against injuries to persons or animals wi'ongfully upon theij track, by making permanent erections to preclude such persons or animals from coming there.'' * And this dictum has been followed in Ontario.^ In the Charaplain lAtid see Cooley vs. G. T. R. Co., 18 Q. B. 9(5; Markhain vs. G. W. It. Co., 25 Q. B. 572 ; McGee vs. Q. W. 11. Co., 23 Q. B. 293. 2 Towns vs. Cheshire liailway, 1 Foster, 363; Man. Shef. & Lin. Railwa, vs. Wallace, 14 C. B. 243. 3 Quoted ante. Note 3. 4 46 Vic, c. 24, 8. 9. 6 Rickets vs. East & West India Docks and Birmingham J. Railway 12 C. B. 160 ; Roux dit Sanochag-in vs G.T.R. Co., 14 L. C. R., p. 140, Ray vs. O. T. R. Co., 14 L. C. R. 142 ; Diibord vs. G. T. R. Co., 14 L. C. R. 142; Bowman t)s.Koizy& Bros. R. Co., 37 Barb 516; Rail way Act, s. 16. 7 12 Gray 65. 81. Redfield on Railways, pt. 5, par. 128, s. 7. oFerris vs. G. T. R. Co., 16 Q. B. 474; Simpson vs. G. W. R. Co,, 17 Q. B. 67 J McGee vt. G. W. R. Co., 23 Q. B. 293. to to r- 08 to 20 Principles of Canadian Railway Laiv. and St. Lawrence Railway Co., vs. Simard.i it was held that horses do not come under the designation of " cattle." It has been held^ that where the Statute required the Company to keep gates at crossings constantly closed, where some horses leaped from a field into the highway, and then strayed upon the track by reason of the gates not being closed, the Company were liable for their loss. And Redfield. C. J., says : ^ " When a Railway Company finds cattle upon its track, it is bound to avoid damage to them, if practicable, by tlie same degree of effort that a prudent owner of the cattle would be expected to make, properly considering the hazard both to the train and the cattle. And the proper enquiry in such a case is, whether the agents of the Company exercised reasonable and proper care in running their engine." As to the evidence of experts, in a case of this nature, Redfield, C. J., says : '* " We make no question the management of a locomotive steam engine, under any and all conditions and circumstances, is a matter of science and skill, as to which courts and juries are not ordinarily competent to form a satisfactory and reliable judgment, and that they do therefore stand in need of aid and instruction, in regard to the matter, whenever it conies before them for determination. And that, consequently, the testimony of experts may always be received, under the ordinary limitations and restrictions." In Gleason vs. G.T.R.Co.,5 where plaintiff's action was brought for personal injuries sustained through a collision with an engine, expert testimony was admitted to show that the engineer's conduct of the train, on tlie occasion in (piestion, was all that could be required. Wliero the ringing of the boll, and 114L.C.11. 406, Q. B. 2Fawoett vs. York & Nortli M. Railway, 16 Q. B. 610. 8 1. Redfield on Rniiwayp, pt. 6, par. 126, ss. 22. 4 I. Redfield on Railways, pt.6, par. 126, 88. 21. 6 No. 112,8. C. 1884, Montreal., Principles of Canadian Railway Laiv. 21 sounding of the whistle, required by the Railway Act,i are omitted, the Company would be liable, unless the party injured was guilty of contributory negligence. '■^ Tlie rule of damages, for injuries done to cattle, is the value of the animal, or the actual pecuniary loss, unless there is proof of wantonness or wilful injury .3 FENCING. Fences must be erected and maintained, on each side of the railway, of the height and strength of an ordinary division fence, with openings or gates at farm crossings, and with cattle guards at all liighway crossings ; unless the proprietor has accepted compensation from the Company for dispensing with them. In default of so doing, the Company is liable for all damage to the cattle of the pro- prietor.* And such fences and gates being duly main- tiained, no liability accrues for any such damage, unless it be caused wilfully and negligently. ^ But they are not bound to maintain fences upon their roads, so as to make them liable to their own servant for injuries happening in consequence of the want of such fences.*^ Any person upon whose laud any gate at a railway crossing is left open, without some person being at or near it to prevent animals from passing on the railway, is liable to a penalty of twenty dollars, for each such occasion ; recoverable by 1 S. 25. 88. 10. 2 111. CiMitml Railway vx. Ooo.iwin, 30 III. 117 ; O. W. R. Co. vs. Oo(idiH,33. ni-.^Oi i I. Rcdru'liloii Railways, pt. 5,i)ar 12(i,s8. 21 and see poBt. J). 61 Cdiitriliutory Nogligencp. 3 Toledo P. & W. Railway vs. Arnold, 43 111. 418. 4 46 Vic. c. 24, H. 9 ; 47 Vic c. 11, h. 9 ; Central Vermont Railway Co & Paqnct, 2 L. N. S'JO Q. B. 8 Railway Act. s. l(i, ss. 3, m ropoalcd and snl)stituted by 46 Vic. C. 24, 8. 9., and Hee caHi's in New Ont. Digent par 3164. OLangloisvtf. Ruti; & Roch' Railway, 19 13arb. 364. ^ « 22 Principles of Canadian Railway Law. li!I an action qui tatn.^ The Company may erect snow fen es on any land whatsoever, subject to the payment of land damages (if any 2 They cannot shift upon others, by contract, the legal obligation to maintain their fences.^ And ithas been hell in Ontario, that a sub-lessee is not bound, under the Railway Act, to fence ; where plaintiffs cattle were killed by his negLsct.* But see the case of the Central Vermont Ry. vs. Paquette,^ in Quebec. But a land owner who, by contract with the Company,is bound to main- tain the fences through his land, cannot recover of the Com- pany for damage to cattle, by reason of defect of such fences, unless he shew negligence on the part of the Company .<^ All crossings must be sufficiently fenced to allow the safe passage of trains.'^ The duties of Railway Companies toward their passengers, so far as fencing is concerned, is one of diligence in order to render the passing of trains as secure as practicable, and does not amount to a positive warranty to keep cattle off the line, or to fence the same, except so far as that may be regarded as a necessary precaution, in order to secure safety to their passengers under these circumstances.^ Statistics shew that 510 accidents, resulting in loss of life and limb, have come from derailments, caused by cattle and other live-stock upon the track.^ Railway Companies are not responsible for damage 147 Vice. 11, P. 9. 2 Railway Act, p. 16, ph. 6. 3 New Albany & Salem Railway Co. vs. Tilton, 12 Iixl. 3. 4 Bennett vs. Covert, 24 Q. R. 38 ; hut see Central Vermont Railway vs. Pagnuolo, 2 L. N. 390, Q. B. 1879. B 2 L. N. 390. Terrehanto Railway Co. vs. Smith, 16 Ind. 102. 7 Railway Act, h. 82. 8 I.RedflplilonRailwayfl, pt. 5,parl27,H. 23, hut see post. par.l2fi,R.7i k Rochleau vs. The St. Lawrence & Atlantic Railway Co., 2 L. C. R. 37. *Si, Louis Railway Register, 2 May, 1885. wm Principles of Canadian RaiUvay^Law. 23 accruing to domestic animals, from want of fences at points which do not properly admit of being fenced, as in the im- mediate vicinity of engine houses, machine shops, &c.^ In one (Quebec case it was held that after the 1st De- cember the fences being taken down, the Company were not liable for horses killed on the track. And where the fence is destroyed by unavoidable accident, such as fire, and is repaired in a reasonable time, the Company will not be liable for damage during the interval.^ Nor is the Com- pany liable where the fence is thrown down by third parties."* As to the. Company's liability where a track crossing is unfenced, etc., see Beckett vs. Grand Trunk Railway Company.^ In Ontario, Barbed Wire fences arc not nuisances, and in the absence of any by-law of the locality respecting them, the Comj)any will not be liable for damage to cattle, by them.c But in Quebec, it seems that the Company are so liable.' THE LAW OP AGENCY AS APPLIED TO RAILWAYS. The Company arc not liable for the act of the contractor's servant, where the contractor has an independent control.^ 1 Ind. k Sim. Railway Co. vs. Oustel, 20 Ind. 231 ; Galena & Chi. Un. Railway Co vs. Grillin, 31 111. 303. 2 Mout. k Ch. Ry. Co. and Perras, 10 L. C. R. 443, and 2 L. C. L. J., 17 Q. a .'5 Toledo k Wabash Railway Co. vs. Danicla, 21 Ind. 25G ; Ind. Pitts & Clovoland Railway Co. vs. Truitt, 24 Id. 1G2. 4 Toledo, Ac., Railway vs. Fowler, 22 Ind. 31G. 5 8 Ont. Rep, (iOl. iSeo also Levago vs. Midland Ry. Co., XX Can. Law Jour. p. 14 ; Welton vs. Northern Ry. Co., Do. p. 125 ; Corrigau vs. O.T.R, Co,, Do., p. ■'08. « Hillyard vs. O.T.R. Co., 8 Ont. Rep. 583. T Hessctte vs. Howard, 29 L. C. J. 23,'-. k 8 L. N. 170. « Oraham vs. Toronto, Grey k Ikuco Railway, 23 0. P. U. 0. 641 ; Pur- dy vt. G. T. R. Co., 15 Q. B. U. C. 571 ; I Redlield on Railwoys, pt. 6 par. 129, s. 1. s CO > c u Prinmi'ilcs of Canadian Railway Law. In Lnpointe vs. Canadian Pacific llailway Co.,i recently decided, it was held that wlieie the Company act as the contractors' bankers and pay wages for them, they make theiQ their agents. And if the contractor or his servants do an act Wi ieh turns out to be illegal, and it be the very act v.V.ic) t .is enijjloyed to do, tlie employer is liable.''^ In Jacks ' and Paciuet,"^ it was held, that the con- tractor vras not personally liable for damages caused in construciion. The " .'erion is whether the work was done under the immediuti.- (''^nt^jl and direction of the employer, so that the operatives were his servants, and not the ser- vants of another who was himself the undertaker for accom- plishing the work, and having a se])arate and indepen- dent and irresponsible control of the operatives.* A person employing another to do a lawful act is j)resunied, in the absence of evidence to the contrary, to have employed him to do it in a lawful and reasonaljle manner, and is not res- ponsible for his negligence, unless they stand in the relation of niiister and servant.^'' As to the extent of the C()m]taiiy's liability for the acts of its servants and agents, the disposition is to give such agents and servants a large and liberal dis- cretion, and hold the Company liable; Ibr all their acts, within the most extensive range of their charter powers.*^ It has long been settled that corporations are liable for torts committed by tlicir agents, in the discharge of the 1 VII, L. N., 2!t. 2 Campbell, C, J., in HUis vx. Sliell'. Giis. Coiisuinors Co., 2. K. L. & H. L. 707. 8 4L. C.ll. 495Q. H. 4 lilackwell vs. Wiswiill, 21 l!nr, 355; Hiimhl cs. Corporation of Montreal, 3 L. C. L. J. H8. 5 Butler vs. Hunter, 7 II. k N. 820. Stott & ux. vs. 0. T. R. Co., 24 C. P. U. C. 347 ; Vara v.<^. G. T. R. Co., 23 0. P. U. C. 143 ; Curtis vs. G. T. R. Co. 12 C. I'. U. C. RO ; Williamson vs. 0. T. R. Co., 17 C. I'. tT. C. (!l,'-i; CliiMa ,..v. (!. W. I?. Co., li C. W U. C. 284 ; No. 776. S. C. St. Fruncis, liOiloux vs. G. T. |{. (Jo. I8H,5; Noycs vs. Rut- land & Hurlington Railway, 27 Vormont 11((; 2 Rrdfiold Am. Railway Gaiea 150; Ilodgcs on Railwaju, p. U5I, (itii ( Boston and Worcester Rail way ,5 where the plaintiff's husband was killed, and she was shown to have had a family of young children, and to be without sufficient property for their support, it was held to be an error in the Court not to charge the jury, when specially requested so to do, that 13GN. Y. 132. 21. Redfield on Railways, pt 6, par. 133, note to s. 3. 3 Sedgwick on Damages, pp. 38, 98, 454 & Ravary vs. G. T. R. Co. 6 L. C. J. 49, 4 Appendix to Sedgwick on Damages 609. 6 8 Gray 45. s « 30 Principles of Canadian Railway Law. these facts could not be considered by them in estimating damages. In Toledo W. and Western Eailway vs. Harmon, ^ the Court held the Company responsible where the engineer, near a road-crossing, negligently or maliciously let off steam, whereby a person's horses about passing the crossing, were frightened, and he thereby received injuries.2 Eedfield, C. J., considers this a very proper holding, and says ^ " the case illustrates a very common nuisance, which " has attracted considerable attention in some parts of the " country, where the sick, and even well persons, at night " suffer very serious annoyance from the continuous ring " of steam whistles, done more for the amusement of the " engineers, than from any absolute necessities of the busi- " ness." OP LIMITATION OP ACTIONS OR PRESCRIPTION. By the Railway Act,^ all suits, for damage or injury sustained by reason of the Eailway, must be instituted within six months after the time of such supposed damage.^ This prescription does not apply to actions for personal injuries in the Province of Quebec.^ These latter are prescribed by one year.'' 1 47 111. 208. 2 And see Stott et ux. vs. Q. T. R. Co., 24 C P. 347 ; Vara. vs. G. T. R. Co.,23C. P. 143. S I. Redfield on Railways, pt. 6, par. 133, s. 16, note to 5th Ed. 4 Sec 27. B C. S. C chap. 56, s. 83 ; Anderson vs. G. T. R. Co., 7 Legal News p. 150 ; Allard vs. G. T. R. Co., C C Montreal, May, 1884 ; Boucher- ville vs. G. T. R. Co., 1. L. C J. p. 179. 6 Marshall vs. Q. T. R. Co., 1 Jur. p. 6 and 5 L. C R. p. 339 ; Germain vs. N- Y. Railway, 6 LC- R 172, but see, contra, Ontario case of Browne t)5. Brockville & Ottawa Railway Co., 20 U. C Q. B. 202. 7 Filiatrault vs. G. T. P Co.. 2 L. C. J. 97, C C L. C art. 1066 : Ruest. vs. G. T. R. Co., 4 Q. L. R. 181. Princi2)leti of Canadian Bailuay Law, 31 RECORDS OP PROCEEDINGS. As against the Company and the members present at a particular meeting, the minutes of the Directors will be held ^J/'/wa /acie correct. 1 ARRANGEMENTS BETWEEN DIFFERENT COM- PANIES. It seems doubtful whether a railway can lease its entire road to another without the consent of the Legislature.^ In Ontario, such leases have been held invaliil.^ By the Railway Act,^ they niriy validly be made for 21 years. Traffic arrangements between two Companies are legal, and opposed to no principle of public policy.^ The party in possession of a railway, whether as lessee or trustee, is primarily liable for all injuries and defaults.^ Nor can the lessees excuse themselves in such cases, on the ground that their lease is void, for want of legislative sanction. '^ But in Bennet vs. Covert 8 , it was held, that the sub-lessee is not liable under the Railway Act for a neglect to fence, in consequence of which neglect plaintiffs cattle were killed. There is no doubt of the right of a Eailway Company in England, to apply to the Legislature for enlarged powers ; even for the power to become amalgamated with other Companies, and the shareh Dlders are bound, by the acceptance of such legislative provisions by the majority of them. 9 1 Ex. parte Stark, 10 Jur. (N.S.) 790. 2 I. Redficl'l on Railways, pt. 6, par. 142, s. 2. 3 Hinkley vs. Gildersleeve, 19 Chy. 212 ; Attorney General vb- Nial()y him ; 2 and he must carry for hire,3 although tiie opinion of Holt, G. J., in Goggs vs. Bernard,* which forms the basis of the present law of bailments, in England and the United States, is, that if one undertakes to carry without hire, ho is still responsible for his neglect The common carrier is liable for all damage and loss of goods during the cari-iage, fnnu what- ever cause, unless from the act of God, (which is limit- ed to inevitable accident,) or from the public enemy. ^ In Forward vs. l*illard,6 Lord I\Iansfield said : *' The law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightnings and tempests." Herce carriers are held as insurers against fire, 1 I. UedlieUl on UiiilwiiyH, pt. 7, par. Ifill, s, 2 ; I. Whurtoii Law Lexicon 144 ; C- P. L. C. iuIh 1220 to 1235. 2 2 lluJfleKl oa HnilvvayH, Iiitrod. p, 4. 3 Fi8li vn. Clmpmaii, 2 Kylly, 349, 353. 4 2 Ld. Ray. 900. B llamdl VH. Owens, 1 Dev. & Hiitt. 273 ; Moses vs. Norrifl, 4 N. H, 304 ; Jones vs. Pitcher, 3 Stew and P. 135 ; Sprowl vs. Kellar, 4. Id. 3S2 ; Hale «,?. N. J. Steam Nav. Co., 16 Conn. fi3'J, 2 lledliold, Am. Railway Cases 3 ; Stuart vs. Crawley, 2 Stark 323. • 1 T. R. 27. CO c 09 s 34 Principles of Canadian Railway Law. unless caused by liglitniug.^ The term " king's enemies'' or public enemy would not include a mob, or ordinary robbers or wrongdoers generally, against whom the carrier would lu-«.ve an aciion.2 The owner of the goods may sue any subsequent carrier in the line of transportation, guilty of a default in duty, although his contract was made with the iirst carrier, to whom he delivered the goods.^ For con- tracts, by or with agents, may be enforced by suits in the name of the principal, and besides that, every carrier is liable in tort for his own default.^ In England, carriers are held responsible for delivery beyond tlieir own line,'^ but in the United States it is not so.® Nor is it so in Canada.'^ LIMITATION OF LIABILITY BY STIPULATION. The Courts do not favor the repeal of the common law responsibility of common carriers, unless when it is clear that the employer has understand! ugly and freely stipu- lated for such exemption.^ But the right to so stipulate is un(iuestionable.^ The exemption will not extend protection to the carrier against any default or misconduct, 1 G. T. R. Co. vs. Mountiiin et al, (5 Jur. \1^ ; Hunton vs. O. T. R. Co., 3 L. C. J. 2G9 and 6 L. C J. 173, Q. IJ. ; Can. Nav, Co. and ^IcConkey, 1 L. N. 23 Q. B. ; Colt vs. McMeclien, 6 Jolins 160, 1 Smith's Leading Cafies, 219; Ed. 1847; 268 Ed. 1862 Note 2 Redman on Railway Carriern, p. 3, 3 2. Redficld on Railways, pt. 8 par. 169, see. 6. 4 Id. 6 Hodges on Railways, 616. 11. Re.ltield on Railways, pt. 8, par. 169, s. 13, k par. 180, 8. 1. 7 Cliarlier vs. O. T. R. Co., 17 L. C. J. 26 ; Ouonctte vs. G.T.R. Co. Ill Review Quebec June 1886. Rogers vs. G. W. Railway, 16 U. C. Q B. 389. 8 2 Redfleld on Railways, i)t. 8, par. 169, s. 14. Torrance vs. Allan' e< al, 6 L. C .1. 190, 8 L. C, J. 57, Q. B. ; Cliartier M. O. T. tt. Co., 17 li. C. J. 26 ; Dnie. C Dionne et vir J)s. Can. I'ac. Railway, Johnson J., judgment 28th Feb., 1885, 8. C. Mont. VIII. li. N. 101 ; Moore vs. Harris, 1 L. R. Privy Coucil, p. 319 ; Hutchinson on Carriers p. 206, s. 248 j Lacey'a Digest of liuilway Deoi- Hions p. 76, par. 82, p. 77, No. 107. Principles of Canadian Railway Law. 35 either of himself or his servants.^ The doctrine governing the stipulation of "owner's risk of carriage" is fully discussed in Atwater vs. G. T. R, Co.^ Semhle. That such a stipula- tion places upon the plaintiff the iitrcZen of proof of negli- gence, unless, as in Atwater vs. G. T. R. Co.^ the condition of the goods at the time of delivery, is such as to raise a presumption of rough treatment.'* A notice brought home to the owner of the goods, and assented to by him, is neither more nor less than a special contract.^ But a general notice is useless, unless so brought home to the party interested, and assented to by him.^ The burden of proving any qualification of the common law responsilulity of the carrier, rests upon hira, and the notice must be an actual one. The weight of authority seems to be in favor of the doctrine that, in order to render a carrier 1 Riiilway Act, Rec. 25 ss. 4 iCampl)ell vs. G. T. R. Co., 3 R. L. 451 ; Huston, vn. G. T. R. Co., 6 L. C. J. 173, Q. B., C C. of L. C. Arts. 1675,l(;7r. ; 2 Rc'iKield on R.iilways, pt. 8, p:ir Ifi'J, sec. 20, & pur. 178, s. 5; but SiniouH vs. G. W. R. Co., 2 C. R. N. S. f)20 is contra, and nl^o Hood «,•». G. T. R. Co., 20 U. C. C. P. 301, & Hamilton vs. G. T. R. Co., 23 U. C Q. B. 600 ; Spettigue v.t. O. W- R. 15 j U. C C P. 315 ; BatcH vs. G. W. R., 24 U. C Q. B. 544. C. C. L. C. 1G7G. 2 17 L. C. J., p. 1 in Review and 18 L. C J. 53 in Q. B. ; neo also Harris v.i. EdmonHtono et ai, 4 L. C J. 40, decision of S. C. U. S in Hart v.1. Penn. Rd., Boston Advertiser of 29tli November, 1884, 2 Par desHus p. 411); 3 Troplong Ech. and Lou. 1G7; Broome's Legal. Maxims, p. 193; C. C. of L. C, art 167G, with authorities quoted. 3 Cited above. *in.TropIong Ech. & Lou. p. 168, confuting 2 Pardcssus 449 ; 2 Redlleld on Railways, part 8, par. 169, s. 17, and i)ar 178, H. 11, quoting Baron Parks opinion in Wyld vs. Pickford ; Chitty on Carriers p. 143 ; Hodges on Railways, p. 621 ; Dionne et vir vs. C.P. R., judgment of Johnson, J., 28 February, 1885, S. C. Montreal, VIIL L.l^. 101. 6 2 Redlleld on Railways, pt. 8, par. 177, Rec 2 and 11; Simons «.». G. W. R. Co., 2 C. B. N. S. 620 j Nelson, J., in New Jersey Sleam Nay. Co. vs. the Merchants Bank, 2 Rediield Am. Railway Cases 34. eid. S Co S s 36 Principles of Canadian Railway Law. liable, after such a notice, it is not necessary to prove a total abandonment of that character, or an act of wilful misconduct ; but that it is enough to prove an act of ordinary negligence ; gross neghgence, in the sense in which it was understood in Wyld vs. Pickford, and Bodemham vs. Bennett, i And that the effect of such a notice is, that the currier will not, unless he is paid a premium, be responsible for all events, (other than the act of God and the Queen's enemies) by which loss or damage to the owner may arise, against which events he is, by common law, a sort of insurer ; but still he under- takes to carry from one place to another, and for some reward in respect of the carriage, and is therefore bound to use ordinary ca^'c, in the custody of the goods, and their conveyance to, and delivery at, their place of destination and in providing prtper vehicles for their Ciirriage ; and after such a notice it may be, that the burden of proof of damage or loss, by the want of such care, would lie on the plaintiff. Where the general object of a check or ticket is printed in large letters, and the restriction in small ones, it will not be regarded as of much force as evidence of notice.-'' And in Woudwar». Brownlow, 34. L. J. C. P. (U.C.)267; and Talley va. 0. W. R., L. R. 6 C. P. 44. Principles of Canadian Railway Law. 39 not liable for the Liss.^ And the Pullman Car Company will not be responsible for valuables stolen from their sleeping cars, unless there be neglig ^nce on their part,2 The responsi- bility of the carrier for a passenger's luggage, after its arrival at destination, continues until the owner has had reasonable time and opportunity to come and take it away.-* After that, the carrier becomes a mere warehouseman, bound to exercise the same care that a prudent man ordinarily does, in keeping his own goods of a similar kind and value.'^ But it is for the company to show that their responsibility as carriers had terminated, before any loss or damage occurred.^ Where a trunk was left overnight, after arriving at destination, the Company were held not responsible for its destruction through the burning of the station.^ The word " baggage " (efpiivalent to the English word ** luggage ") has been held not to include a trunk containing valuable merchandise and nothing else, although the passenger had no other trunk with him'' ; norsamples.^ But the carrier has been held responsible for articles of jewelry in a so CO 1 Torrance vs. Richelieu Co., 10 L.C.J. 3;{5 ; nnd 2L. C.L.J LS3 ; and flee Scnecal vs. The Richelieu Company, 15 L. C. J. 1 Q. B. Lee vs. G. T. R. Co., 36 Q. B. (U. C.) 350. 2 Pullman Car Co., vs. Gaylord, Ky. 8 L. N., p. 48. 8 Peiiton vs. G.T. R. Co., 28 U. C. Q. B. 367 ; 2 Redfleld on Rail- ways, pt. 8, par. 171, es. 3 & 7. 4 G. T. R. Co.& Gutman, 3 R. L. 452 Q. B. ; Shaw, C. J., in Norwivy Plains Co. vs. Boston & Maine Railway; 2 Redtield Am. Ry. Cases, 152 ; 2 Redfleld on Railways, pt. 8, par. 171, s. 3. 6 Wardlow vs. South C. Railway, 11 Rich. Law 337. « Hogan vs. G. T. R. Co., 2 Q. L. R. It2j Roth vs. Buiralo & State Line Railway, 34 N. Y. 548 i and see Kellert os. G. T. R. Co., 22 L. C. J. 257. 7 Pardee vs. Drew, 25 Wend. 459. 8 Hawkins vs, HofTmaii, 6 Hill 586. S 40 Principles of Canadian Railway Law. trunk ;i for a watch carried in a trunk^ ; for linen cut into shirt bosoms ;3 for finger rings ;^ brushes, razors, pen and ink, etc. ;^ a gun or fishing rod ;6 carpenter's tools ; '^ or a pocket pistol.^ In Bruty vs. Grand Trunk Eailway Company^ a man was allowed to have two gold chains, two gold rings, a locket and a silver pencil case ; and Wilson, J., thought a fiddle, a concertina and a flute might be added, but the majority of the Court, fortunately (!) thought otherwise. A dozen silver tea spoons, or a Colt's pistol, or surgical instru- ments, (unless the passenger be connected with the profes- sion) are not properly a portion of the travelling baggage.^*^ Nor is money ; beyond a reasonable amount for travelling expenses.ii The rule as laid down by Cockburn, C. J., in Macro w va. Great Western Eailway, ^2 ig that " what- ever a passenger takes with him for his own personal care and convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities, or the ultimate purpose of the journey, must be considered as personal luggage." One cannot carry merchandise as luggage.^^ The contents of 1 Brook vs. Pickwick, 4 Bing. 218 ; but Cadwallader vs. G.T.R. Co., 9 L.C. R., p. 169 is contra. 2 Jones vs. Vorhees, 10 Ohio 145. 8 Duffy vs. Thompson, 4 E. D. Smith 178. 4 McCormick vs. Hudson River Railway, 4 E. D. Smith 181. B Hawkins vs. Hoffman, C. N. Y. Hill Rep. 689. 6 Macrow vs. G. W. Railway, L. R. 6 Q. B. 623. 7 Porter vs. Hildebrand, T. Harris Henn, Rep. 129 ; but Bruty vs. G. T. R. is contra, 8 Woods vs. Devon, 13 HI 746. J> 32 U. C. Q. B. 66. 10 Giles vs. Fauntleroy, 13 M. D. 126. 11 Cadwallader vs. G. T. R. Co., 9 L. C. R. 169 ; Macdougal vs. Allan c?u.s-. North R. Co., 27 U.C, C. P. 153 ; Ma8on vs. G T. R. Co., 37 U. C. Q. B. 163 ; Guenette vs. G. T. R. Co., 121 S. C. Artlialaska, Review Qiiphcc 188.i. B Hodi;ps, on Railways, p. 579. « 3 Kent Comm . , 299, 300 & 301 ; Story on Bailments, 492 ; Atigel on Carriers, par. 210, 211, 212 ; 2 Redfield on Railways, pt. 8. par. 186> 8. 1 , witli cases cited, 7 Chouleank vs. Leech, 18 Penn, St. 224. to bo 44 Principles of GdncuUan Railway Law. ing the insolvency of the vendee, before the gooils have reached him, or any third party has acquired bond Jide rights in tliem.i The carrier's interest in this question arises only when he is required by the vendor, while the goods are still in his possession, tore-deliver them to some one on his account. In this case, it would be prudent for the carrier to retain them, until the existence of the asserted right is established.^ If he delivers wrongly, he will be liable for value. ^ It is not enough to defeat this right, that the transportation is accomplished, if the goods still remain under the care and control of the carrier.* A full exposition of the law upon this subject, both English and American, will be found in Smith's Leading Cases, 388 and notes. The most difficult ques.ions under this head arise where the goods are directed by a particular route, through successive lines of carriers, and at the intermediate points, to the care of particular persons. The principle by which the question of the continuance of the tvanHitus is determined, is the same in this class of cases as in that where a single carrier is concerned. If the person, to whose custody the goods are consigned at an intermediate point, is only to be regarded as an agent for forwarding, or keeping, or carrying, in the course of the transportation, then the transitus is not ended. But, on the other han if such person, though a carrier, is to keep the goou.. for the consignee, or as his agent to give them a new destination, the transitus is ended.* ' 2 Kent C;.ium., 540 etseq. ; Cliitty on Carriers, par. 97, 98. 2 2 Redfield on Railways, pt. 8, par. 8 and 10. 3 Campbell et al. vs. Jones et al, 3 L. C. J. 96 and 9 L. C. R. 10 ; Ascher vs. G. T. R. Co., 36 U. C Q. B. 609. * Tindal, C. J., in Dodsonws. Wentworth, 4 Man. & Graham, 1080. (> 2 Redfleld oa Railwayfi, pt. 8, par. 186, s. 13, with cases cited. Princii)le8 of Canadian Railway Law. 45 BILL OP LADING. "Where the goods are described as in good condition, in the Bill of Lading, this is prima facie evidence against the carrier of the fact.^ The Company have a right to insist upon the consignor recognizing, in the Bill of Lading, that goods shipped are in damp condition ; and the consignor cannot force the Company to declare that the dampness springs from the goods themselves.^ But though, in general the terms of the Bill of Lading are not to be contradicted or controlled by oral evidence, if the goods are so packed as to be incapable of inspection, it may be shewn, by oral evidence, that they were, in fact, damaged when shipped. 3 In Woothvurd us. Allan et al.,* it was held, that traces of the lock of a trunk being tampered with, raised a presumption against the Company, in a suit for the value of the contents, which were alleged to be stolen. WHO MAY BRING ACTION FOR DAMAGE TO GOODS DURING TRANSIT. The proper party to sue, is the legal owner of the goods^ Although the English Courts seem to restrict the action, t- the party with whom the contract ii made.^ CARBIEBS' LIEN FOR FREIGHT. As a general rule, the carrier is entitled to a lien for freight upon the goods carried ; but if he once deliver the goods, the lien is waived.'' He must have fully performed his contract, and be ready to deliver the goods, before he 1 Hart vs. Jones et al., Stuart's Reports, p. 539., and eee St. Lawrence A Miicajro Forwanling Co., & Molsons Bank, Montreal Law Hopurts, February 1885 p. 75. 2 Diuai. Cour d'Appel, 8 L. N. p. 62. 3 Anj;cil on Curriers, 228, 229, porft. 187 (n. g.), with cases cited ; 2 Redfield on Railways, pt. 8, p. 187, es. 1, 3, 13, 19 ; Bonney on Rail- >vay Carriers, p. 217, ciiing Nelson et al. vs. Woodruft'e^aZ. 4 2 L. C. J. 17 and 22 L. C. J. 315 and 1 L. N. 458, Q. B. 1878. P 2 Redfield on Railways, pt. 8, par. 191, 8. 6 and 9. ^' Idem, note to sec. 8. 7 Brevster et al. vs. Hooker et al., 7 L. C. R. 55 ; Murray t>». G. T. R. Co., 5 R. L. 746 ; 2 Redfield on Railways, pt. 8, par. 188^ 8. 1, Railway Act, s. 17, ea. 2. C. C. L. C. 1079. as so CO s 46 Principles of Canadian Railway Law. can ask for freight, unless he has insisted upon payment in advance. 1 If the goods be damaged by the fault of the carrier, the owner may deduct the amount of injury, from the freight.^ A common carrier, who innocently receives goods from a wrongdoer, without the owner's consent, has no lien upon them for their carriage, as against such owner.3 "pi^e carrier of passengers has a lien for his charges upon the baggage, but not upon the person, of the passenger.* Where the lien is surrendered, the action against the shipper for freight, still remains ^ ; and the carrier may look to the shipper, while retaining his licn.^ He cannot, however, by printing such a condition in his receipt note, have a lien for general balance of freight.'^ Nor has lie this right by common law.^ As to the carrier's right to freight, for part performance, it is probabl ywell settled, in the case of passenger transportation, that nothing will be refunded, even where the passenger never avails himself of any portion of the concession to which he is entitled, under his ticket. And upon the same i)rinciple, if, after the goods are committed to the carrier for trans- portation, their destination is countermanded, (as it certainly 1 2 Redlield on Railways, pt. 8, par. 188, b. 33. 2 Dyer m. O. T. R. Co., 42, Vt. 441 ; Lee m. Salter ; 2 Reilflol.l Am. Railway CaHce, 219. 3 Mr. Justice Flotoher in Robinson vs. Baker ; 2 Red field Am. Railways Cases, 212. 4 Story on Bailments, par. 604. 6 2 Kent Comm., 642, and cases cited. C Paynter «.v. James, Law Rep., 2 C. P. 348 : caseB cited 2 Redfleld on Railways, pt. 8, par. 188, n. .33. 7 Fitzpatrick vs. Cusack & 0. T. R. Co., 12 L. C. R., p. 30G ; Leaf PS. Can. Ship Co., 1 L. N. 220. 8 HoJges on Railways, p. 586, 6ch Ed. ma^ Principles of Canadian Railway Law. 47 may be, unless the new direction is unreasonable,)) or they are taken out of the carrier's custody, short of the original destination, he might still insist upon his full freight.2 CARRIERS' INSURABLE INTEREST IN THE GOODS. As carriers are themselves liable as insurers against fire,^ there is no doubt that they have, to this extent, an infi i- ble interest in the poods. And they may recover the full value of the goods destroyed.* In Cross vs. Allan,^ it was held no answer to an action of damages for goods lost, that they had already been paid for by the insurer. RULE OP DAMAGES FOR INJURY TO GOODS. The general rule of damages, in actions against carriers, for goods, is the value of the goods at the place of destina- tion. And this commonly includes the profits of the adventure.6 The plaintiff may recover for loss which could fairly and reasonably have been anticipated, at the time of contracting.' In liuthven Woollen Manufacturing Company vs. G. W. R. Co.,^ an action for non delivery of machinery, there being no notice to the defendants of the necessity for prompt delivery ; held, that plaintiff could only recover the value of the article, and not loss of ])rofits, or wages of workmen. And where the goods are danuiged, the owner is still bound to receive them, and 1 Hiiil);;e8 on Uiiilwiiys, p. 681. 2 2 Uc'ddt'ld on RailwayH, pt. 8, jmr. 188, h. 35, and cases cited. 3 G. T. R. Co. vs. Mountain et al., 6 L. C. J., p. 173 j Hodges on RailwayH, p 579. 4 2 Uedlield on Railways, pt. 8, par. 190, s. 1 to 3, with casee cited. 3 L. N. 47, 1884. c Mullatt ei al. vs. 0. T. R. Co., 15 IT. C. C. P. 392 ; Sedgwick on DaniagcH, 3.10 ; 2 RedfU'ld on Railways, pt. 8, par. 191, s. 1 | Weston va. G. T. R. Co., 54 Me. 37(5 ; Cross vs. Allan, 3 L. N., 47. 7 lloilges on Railways, p. 583, Potli. Obligations, par. 160. 8 18U.C.C. P.310. S b9 mmm 48 Principles of Canadian Railivay Law. cannot abandon, and go against the carrier as for total losa.i Sembh. Tliis does not conflict with the buyer's right to refuse to accept delivery in parts.^ The claim for damage to goods, must be made within reasonable time after deli very .3 COMMON CARRIERS OF FASSENQERS. Carriers of passjngera are only liable for their negligence, and are not insurers of the safety of their passengers, as they are of their baggage, and of goods carried.^ Their undertaking as to their passengers goes no further than this, that as far as human care and foresight can go, they will carry safely.^ But a very small degree of negligence is sufficient to render them liable ; *> and Redrteld, G. J., considers the distinction as rather formal, than substantial. While it is not safe to affirm that passenger carriers are absolutely bound to safe delivery at the point of destination, the rule of law, properly understood, and justly applied, falls scarcely short of this.'' Mr. Justice Story lays it down, that, 8 " us they undertake for the carriage of human beings, whose lives, and limbs, and health, are of great importance, as well to the public as to themselves, the ordinary principle in criminal cases, where person are made liable for personal wrongs and injuries arising from slight neglect, would seem to furnish the true analogy and rule. 1 2 Ri'illu'Id oil RtiilwayH, pt. H, par. 191, s. 2, with caHCH cited. 2 2 Benjamin on Sales, 8. 1030. p. 89H; Campbell, Sale of Ooo<1h, pt. 5, foot of p. 280, C. C. L. C. Art. 1149) Poth. Obligations, 299, ;U1, 316 317,498. 3 Oaherfy vs. Torrance et al., 4 L. C. J., p. 371; Swinburne vs. MaHHiic et al, S. U. 5(19 ; 2 Pardessus, p. 45G. C. C. L. C. 1680. 4 Best, C. J., in Crofts vs. Watcrhouee, 3 Bing. 319 ; Chitty on Carriers, p. 349. Chitty on Carriers, p. 349. 6 Uenman, C. J , in Carpue vs. London A B. Railway, 6 Q. B. 747. 7 2 Redfield on Railways, pt. H, par. 192 s. 7 & 192 a. 8.7. 6 Story on Builu'cnts, h. 001. am Principles of Canadian Railway Laiv. 49 It has been accordingly held, that passenger carriers bind themselves to carry safely those whom tiiey take into their coaches, as far as human care and foresight will go ; that is, for the utmost care and diligence of very cautious persons ; and, of course, they are responsible for any, even the slightest, neglect." Tlie fact that injury was suffered by any one, while upon the Company's trains as a passenger through any failure of the means ot safe transportation, is regarded as frinia facie evidence of their liability. ^ In Southern Railway vs. Kendrich,^ it was held, that it was the duty of the Company to announce the stations audibly, in each car, and then to allow the passengers sufficient time to alight ; but that the passenger must use reasonable care.' And where the passenger is riding free, even upon a stipula- tion printed upon the back ofhispas8,thatthe Company will not be liable under any circumstances whatever, it seems settled, that the Company will, at the least, be liable for their own or their servant's fraudulent, wilful or reckless misconduct.* The most that such a stipulation can fairly be said to import is, that on the expectation that the carrier will conduct his part of the undertaking with gocd faith and reasonable care, the holder of such pass will exonerate the giver of it, from ihe extraordinary responsibility of CO 1 Austin vs. G. W. R. Co., L. R. 2, U. C. Q. B. 442 ; 2 Redfield oa Railways, pt. 8, par. 192, s. 2, par. 192 (a) ss. 1 & 7. 2 40 Miss., 374. See also Dainout vs. New Orleans & Carrolton Railway, 9 Louia Ann. 441 ; London & N. W. R. vs. Holbrooke, 2G Law T,, 567. 4 Hodges on Railways, 621 ; Woodruff vs. O. W. R. 18, U. C. Q. B. 420 ;Orier, J., in Philadelphia & Re. Railway vs. Derby, 14 How. 483 ; Bissell vs. N. Y. Central Railway, 29 Barb. 602 ; 111. Central Railway vs. Read, 37 III., 484 ; Coggsvs. Barnard, Holt 13 ; but see Alexander vs. Toronto & N. Railway, 32 U.C Q. B. 474 j Southerland vs. O. W. Railway, 7 U. C. C. P. 409 j Welles vs. N. Y. Cent. Railway, 26 Barb- ell. 50 Principles of Canadian Railway Law. passenger carriers.^ But Hodges 2 says the English law is contra. Tn Bowen vs. New York Central Railway ,3 Johnson, J., said that the rule of responsibility of pas- senger carriers did not require " such particular precaution as it appeared after the accident might have prevented lie injury, but such as would be dictated by the utmost care and prudence of a very cautious person, before the accident, and without knowledge it was about to occur." In Dunn vs. G. T. R. Co. (cited ante) it was held, that wliere a passenger was riding in a freight car, contrary to the rules of the Company, the latter were still respoubible for his safety.'* In an important Canadian case,heard before tlie Privy Council,^ it was held, that the fact of part of the railway track giving way, was^mma/acic evidence of its improper construction.^ And the giving way of a bolt, is proof of the insufficiency of the carriag . '^ The Company are bound to exclude all lawless and disorderly persons, from their cars. ^ And the conductor is not bound to wait until some act of violence, profaneness, or other misconduct has been committed, to the inconvenience or annoyance of other passengers, before exercising his authority to exclude 1 Dunn vs. O. T. It. Co., 10 Am. Law Ilnfi. (U. S.) 615 ; Mobile & Oliio Riiilwiiy vs. Hopkins 41, Alnb. 4HH ; Cleveland P. & A. Rail- way m. Curran, 19 Ohio (N. S.) 1 ; 2 RedHeld on Railwayn, pt. 8, par. 192, 88. 3 & 4 ; Boswell rs. Hu JBon River Railway, 6 Boew. 699. '^ Hodfipson Railways, p. 689. 3 Cited in. 2 Redlleld on Railways, pt. 8, par. 192, s. 8. 4 See al»o Eaton vs. Tiie Delaware, Lac. & Western Railway, 1 Am. Law Reoord, 121 ; Watson vs. Northern Railway Co., 24 U. C. Q. B. 9H; Carroll vs. N. Y. & N. H. Railway, 1 Dier 671 ; but Robertson vs. N. Y. & Ew. Riiilway, 22 Barb. 91, in contra. B O. W. R. vs. Fus,«ett, 7 L. C. J., p. 141. 6 And see Thatch vs. G. W. R., 4 U. C. C, P. 563. 7 Germain vs. Montreal «fe N. Y. Railway, 6 Ti. C. R. 172. 8 2 Redfleld on Railwayn, pt. 8, par. 192, n. 14. Principles of Canadian Railway Law. 51 or expel the offender.^ A carrier should not transport soldiers and munitions of war, together, with civil passen- gers. 2 LIABILITY WHERE BOTH PARTIES ARE IN FAULT —CONTRIBUTORY NEGLIGENCE. JTo one can recover for an injury, of which his own negligence was in whole, or in part, the proximate cause. ' But if the defendant is guilty of a degree of negligence^ from which the plaintiff with the exercise of ordinary care cannot escape, he may recover, altliongh there was want of prudence on his part.* And the negligence of the plaintiff, although contributing directly to his injury, will not preclude a recovery, provided tlie defendant might still, by the exercise of ordinary care, have avoided doing the damage.^ The English Courts do not distinguish between negligence, and gross negligence, considering, the latter equivalent to the former, with a vituperative epithet.^ Tlie lUiilj^elovv, C. J., in Vinton vs. Mkldlesex Uailway, II Allen 306 2 Flint vs. Norwicli & New York Railway Co., 34 Conun. 554, and 13 Wall 3. 3 l{u«eo burger »ff. G. T. II. Co. XX Can. Law Jour. 120 ;Ei|f5ar vs Norili ily. Co. XX Can. Law Jour. 12; Poriiim & Doinpierre 1 L. N 6. Q. B. FroHL vs. G. T. \i. Co. 10 Allen 387 ; Bogg^ vs. G. W. Rail way, 23 IT. C. C P. 573 ; Tiiompson vs. G.T.ll. Co., 18 U. C. Q. B. 92 MoHatt v.1. G. T. U. Co., IG L. C. R. 23! ; Valloe vs. Cily Gas Co, 18 li. C. J. 64. Simpson vs. Hand, 6 Wharton 311. and Eng. & Am. caxcH cited in 2 Redlield on Railways, pt. 8, par 193, s. 1, notf ; 4 Anbry & Rau p. 755. Hodges on Railways, p. 621 ; 1 Hilliard on TortH, p. 124, par. 2 and pp. 125 to 132 ; Wood on Nuisance, p. 139, 8. 134 ; Wliarton on Negligence, par. 384 ; 1 Thompson on Negli- gence, p. 402 ; 1 SheUord on Railways, p. 1 11, & see cases in New Ont. Digest, par. 3176. 4 Borlase vs. St. Lawrence Steam Navigation Co., 3 Q. L. R. 329 and 1 L. N. 32 Q. B. ; Ross & Langlois, Montreal Law Reports. May. June 1885 Q. B. 280. Denman, C. J., in Lynch vs. Nurdin, 1 Q.B* 29; Lord Ellenborougii, C. J., in Butterfleld t>«. Forrester; 2 Redfleld on Railways, pt. 8, par. 193, 8. 5. ; Trow vi. Ver. Cent. Railway, 24 Vt. 487. » WiUon vB. O. T. R. Co., 2 L. N. 45, Review ; reversed in 8. C. i 2 Redfleld on Railways, pt. 8, par. 193, as. 4 & 23, notes 7 l Campbell's Act.) >* lIiMJi^os on llaiiwayp, 624 ; Judgment of Lonl Coleriiige in Blake ««. Midland Railway, is Q. B. 93. 4 I'^rsk. Inst., 592, note 13. 6 C. J. llobcrtson in Secord vs. Q. W. Railway, 15 U. C. Q B. 631. « Vol 18,pt. 2, p. 1. 7 2 Rodtli'ld on Railways, pt. 8, par. 195, ss. 5 to 10, and casescited. 8 Campbell vs. 0. W. R., 20 U. C. C. P. 345, Riivary et al. & G. T. R. Co., 6 L. C. J. 49 Q. B. & 1 L. C. J. 28C S. C. m so CO s 64 Principles of Canadian Railway Law. damages in futuro must he specifically proved.i Where the deceased, in his life-time, received a sum of money in satis- faction of the injury, his subsequent death, in conse- quence of the injury, creates no new cause of action.2 in- surance paid to a man's family, is probably good reason for reducing the amount of damages.^ TRAINS OVERDUE. On general principles, railways are liable for not deliver- ing passengers within the stipulated time, as much as for delay in delivering goods.^ And they are liable in damages if their trains do not start according to time table.^ But special damage must be proved.^ And the time table is not part of the contract, but only a representa- tion, so that the passenger must show that he bouglit his ticket before the time fixed for the starting of the train. '^ WHAT WILL EXCUSE THE COMPANY FROM CARRYING PASSENGERS. In England, it has been held that they cannot excuse themselves upon the ground that their carriages are full ; where they have issued an excursion ticket for a special occasion.s In the United States, it is well settled that they need not receive passengers who refuse to conform to their reasonable regulations, or are not of quiet and peaceful behavior, or for any reason are not fit associates for the 1 Marshall vs. Grand Trunk Company, 1 L. C J., p. 6. 9 Read vs. Great East. Railway, Law Reports 3 Q. B. 555 ; but see renuirks of Earle, C. J., in Pym. vs. G. W. Railway, 4 B. & S. 40G & Coleridge, J., in Blake vs- Midland Railway, 18 Ad. & L., N. S. 93. 8 Ferrie vs. G. W. R., 15 U. C. Q. B. 517. ; Hicks vs. Newport A. & H. Railway, 4 B. & S 403. * 2 Redfieid on Railways, pt. 8, par, 198, a. 1 ; Hodges on Railways, 619. 6 Addison on Torts, 3rd Ed., p. 447 ; Hodges on Railways, 637. « 1 U. C. L. J. N. S., p. 336. T Bi iggs vs. G. T. R. Co., 24 U. C. Q. B. 516. > Hodges on Railways, 653. M PriTiciples of Canadian Railway Laio. 55 other passengers ; as if infected by contagion, or in any way offensive in person or conduct. ^ And this is the English Law also.^ But where they have no reasonable excuse, they must carry all that offer.3 BULE OF DAMAGES FOR INJURIES TO PASSENGERS AND OTHERS. The question of the quantum of damages, rests a good deal in the discretion of the jury, and must of necessity be more or less uncertain. It is well settled, however, that only one action must be brought for damages, present and prospective. * Damages must be the legal, direct, and necessary result of the injury, and those which at the time of the trial are prospective, should not be conjectural ; but the jury may properly regard the effect of the injury in future, upon the mind, health, the use of the limbs, ability to labor and attend to business, and generally to ])ursue the plaintiff's customaiy course of life.^ The plaintiff may offer evidence of expense of cure, and loss of services since the commencement of the action, as well as before, and the jury may give exemplary damages where there is gross negligence in the train management-^ Kent, C. J,, lays down the following rule, as to what will justify a new trial upou the ground of excessive damages.'^ They must bo so excessive " as to strike all mankind at first blush as beyond " " ~^ " . — I. .. ■■■ — — I ■■-■i^i .11. ■ I - —— ■-■ ,. . , , 1 2 Redfield on Railways, pt. 8, par. 198 8. 'A. - Hodges on Railways, 553. 3 Idem. HoUister vs. Nowlen 2 Redfield Am. Railway Cases, 96 ; Parker, C.J. Bennetts*. Diitton, 10 N.H. 486, Railway Act. s. 25 sh. 3. and Bee Vickers Express Co, vs. Can. Pac. Ry. 8 L. N. 228. 4 Hodson vs. Stallebras 11 Ad. & El. 301 ; Wliitney vs. Clarendon, 18 Vt. 262. 5 Curtis vs. Rochester & Syracuse Railway, 20 Barb. 282 ; Morse vs. Auburn & Syracuse Railway, 10 Barb. 621 ; T. W. & W. Railway vs. Baddeley, 54 111. 19; Illinois Central Railway u.v.Suti..!,, 53 111. .397. 6 Hopkins vs. Atlantic & St. Lawrence Railway, 36 N H 9. 7 Coleman vs. Southwick, 9 Johns 45. j...'in.".i''^me^^mm iii 66 Pinnciples of Canadian Railway Law. all measure unreasonable and outrageous, and such as manifestly show the jury to have been actuated by passion, partiality, corruption or prejudice." Thus where the plain- tiff was wrongfully expelled from the cars between regular stations, and though no special damage was proved, the jury gave him $1000 ; this was held excessive, and a new trial granted.! In one Ontario case, ^ £6,178, was held excessive, for bodily injury. And in another case, ^ £5,000 was considered too much for a blacksmith, although the patentee of an invention for an improved plough. So also, where $6,000 was awarded for a broken leg, of which the party recovered in about eight months, a new trial was granted."* But when $1,000 was given to an architect, for damage by an accident while on the defendant's train, the Privy Council held it not excessive.^ And where the plaintiff was disabled for two years, and the injuries seemed likely to be permanent, $4,500 was held not exorbitant.6 And £3,000 was held not excessive for a widow and the three children in Seacord vs. Great Western Eail- way Company. '^ It has always been held in the United States, that the bodily pain and suffering, caused by an injury for which the defendant is responsible, are legitimate elements to be proved and considered by the jury in esti- mating the pecuniaiy compensation, notwithstanding the difficulty of reducing pain and pence to a common 1 Chicago, Burlington & Quincy Railway vs. Parkf, 18 Illinois 460, and see post. p. 59. 2 Batchelorus. Buffalo ABrantford Railway Co., 5 U. C.C P. 127— 470. 3 Morley vs. G. W. Railway Co., 16 U. C. Q. B. 504. * Clappw*. Hudson River Railway, 19Barb.461 ; andseeSouthwick vs. Stevens, 10 Johns 443. 6 Lambkin & South East. Railway Co.,3 L. N. 162, P. C. 1880. 6 Curtis vs. Rochester Si Syracuse Railway, 20 Barb. 282. 7 15U. C Q.B.631. * i&fll Principles of Canadian Railway Law. 57 measure.^ Redfield, C, J., thinks that the jury should not altogether shut their eyes to the public example of their verdicts.2 The damages must be the necessary and natural result of the wrongful act.^ Thus a spinster cannot ask for additional damages on account of her matri- monial chances being lessened.* And where a passenger had in his possession, unknown to defendants, a package of money, which was lost at the time he was accidently killed, it was held the owner could not recover for it.^ The plaintiff who claims for loss of time or of business, may prove its nature, extent and his probable profits.^ LIABILITY UPON THE SALE OP THROUGH TICKETS. Where through tickets in the form of coupons are sold, entitling the holder to pass over successive roads, this implies no contract with the first company to carry beyond their road. They are to be regarded as distinct tickets for each road, sold by the first company as agents for the others.'' And the contract commonly existing in regard to the division of the price of the through tickets,constitutes no partnership.^ The passenger may, however, show by oral proof, from circumstances attending the transaction, that the contract with the first company extended to the entire route.^ 1 2 Redfield on Kailwaya, pt. 8, par. 199, 8. 7, and cases cited. 2 Id. 8. 8 i Taylor vs. Grand Trunk Ry. Co., 48 N H. 304 ; Goddard vs. G. T. R. Co. ; 2 Redfield Am. Railway Cases, 502. 3 2 Redfield on Railways, pt. 8, par. 199, a. 15. 4 Hunter vs. Stewart, 47 Me. 419. 6 Bank of Greenfield vs. M. & C. Railway, 20 Ohio 259 ; but see Hamlin vs. G. N. Railway, 1 H. & ""T. 4(t8. 8 Hanover Railway vs. Coyle, 55 Pen. St. 396 ; Hyatt vs. Adams, 16 Michigan 180 ; Mclntyre vs. New York Central Railway. 37 N. Y. 287. ^ Brook vs. G. T. R. Co., 15 Michigan 332 ; Appleton, C.J., in Knight vs. p. S. & P. Railway, 2 Redfield Am. Leading Cases, 458 ; 2 Redfield on Railways, pt. 8, par. 201, s. 2 j but Smith vs. G. T. R. Co., 36 U. C Q. B. 547 is contra, and see 2 Redfield loo. cit., par. 202. • 2 lit II field on Railways, pt. 8, par. 201, 8. 2. and see Broder vs, North Ry. Co. XX Can Law Jour. 251. » Van Buekirk vs. Roberts, 31 N. Y. 661. SO 58 Principles of Canadian Railway Law. m LIABIUTY WHERE ONE COMFAN7 USES THE TRACK OF ANOTHER. It is now pretty well established that where passenger carriers run over other roads than their own, the first company is responsible for the entire route, and must take the risk of the neghgence of the employees of the other companies. 1 TRAFFIC ARRANGEIIOINTS. In the Great Western Eailway Co. vs. Grand Trunk Eailway Company,^ it was held, that a traffic agreement to avoid competition, must be consented to by two-thirds of the shareholders of either company. And though there is much difference of opinion in England as to the validity of an agreement for assimilation of rates and a division of the net profits,^ the court in this case followed the latest English decisions,^ and upheld the contract. In Canada the Directors may at any time make agreements for the regulation and interchange of tratfic passing to and from their railways, and for the division and apportionment of tolls, etc., for any term not exceeding 21 years. And they may provide for the appointment of a joint committee for carrying such agreements into effect.^ HOW FAR PARTIES' STATEMENTS ARE EVIDENCE. The statements of the engineer in charge of the train, and made at the time an injury occurs, may be evidence of negligence against the company.^ As a rule t o consti- tute part of the transaction, the statement must not only 1 Ry. Co. vs. Barron, 2 Redfield Am. Railway Cases, 471 ; But see Bonney on Railway Carriers, p. 32. 2 24 U. C. Q. B. 107 & 25 U. C. Q. B. 37. 8 Hodges on Railways, p. 55. 4 Hare vs. N. W. R. Co., 30 L. J. 517. « 46 Vic. c. 24, sec. 11. * Hanover Railway vs. Coyle, 66 PenD. St. 396. i^aifa Principles of Canadian Railway Law. 59 be made at the time the event is transpiring, but it must be made for the purpose of qualifiying or giving character to some act then doing ; if not so, it is no more admissible for being made at the time of the transaction, than if made at any other time.^ FASSENQEBS WBONGFULLY EXPELLED FBOM CARS. There is no doubt that if one is put out of the cars wrongfully, and thereby suffers serious detriment in his business, he may prove and recover special damages.^ The rule of damages in this case has been held to be " for actual injury, loss of time, pain of body, money paid to physicians, or injury to feelings." ^ LEX LOCI. Corporations are responsible as carriers, only to the extent and in conformity with the law of the place where the contract is made, or the duty undertaken. And it will make no difference whether the action be ex contractu or ex delicto. This is the general rule of law upon the subject of contracts and torts.* TICKETS. Tickets must be producod when called for, or the con- ductor may put the defaulting passenger off the train.^ But the conductor must have the official cap and badge.* 1 Greenleat'oii Evidence, par. 108 & note ; par. 108 a; 2 Redfield on Railways, pi. 8, par. 202, sec. 3. 2 Curtis vs. Or. T. R. Co., 12 C. P. U. C. 90 ; Williamson vs. G. T. Railway Co., 17 U. C. C P. 615 ; Huntsman vs. Great Western Railway Co., 20 U. C. Q. B. 24 ; Holmec «.?. Doane,3 Gray 388. 3 Hagan vs. Providence & Worcester Railway, 3 R. I. 88 ; 2 Redfield on Railways, pt. 8, par. 203, sec. 1. But see Davis vs. G. W. R. 20 U. C. Q. B. 27. 4 2 Redfield on Railways, pt. 8, par. 204, sec. 1 ; Story on Conflict of Laws, pars. 76 & 272. and eee Bell vs. G. T. R. Co. XX Can. Law Jour. 346. 6 Regina us. Faneuf, 5 L. C. J., 167 Q. B.; G. T. R. Co. & Cun- ningham, 11 L. C. J. 107 & 1 L. C. L. J. 87 Q. B. ; Duke vs. Great Western Railway, 14 Q. C. Q. B. 377. Railway Act. 8. 25 as. 12. « Farewell vs. G. T. R. Co., 16 U. C C. P. 427. SO 60 Principles of Canadian Railway Laiv. The Company's servants cannot arrest a passenger for the non- production of his ticket ;they will be liable in damages should they do so.^ Where the ticket reads '' good for this day only, A to B, " this creates a contract to convey the holder in one continuous journey from A to B ; and if he alights at an intermediate station he forfeits his rights. ^ And the effect is the same where ticket reads " good for this trip only ."3 A ticket " good onl} for continuous trip within two days " cannot be used after expiration of that time.'* Where, howpver, the tickets are in coupon form, over distinct lines, with no restrictions, one may delay as long as convenient at the different changing places.^ In Craig vs. Great Western Railway Cotn])any,'<^ where the ticket read " good only for twenty days from date," the court held this to infer a continuous journey. In 1874 a bill was introduced into the Ontario Legislature, providing that notices, etc., on tickets, limiting tlieir use to a continuous journey or to particular days, should be void. This bill was rejected. It seems that a passenger losing his ticket, must j)ay his fare a second time, upon the ground of public policy.^ CARRYING PAST STATION. Where a passenger is not given reasonable opportunity to alight at his destination, ho may recover from the Comi)any for the inconvenience, loss of time, and the labor of travelling back.8 1 Le loiix M. O. T. II. Co., No. 77(5, S C. St. Francis, l8Sa. 2 Bi-ifTjrs vs. a. T. U. Co., 2t IT. C. Q. B. 510. 3 Clic'iioy v/i. Boston & Miviiie Railway, 11 Met. 121. 4 LivinuHtone vs. G. T. U. Co., 21 L. C. J. 13 (S. C. U., 1876.) 6 Brooke vs. G. T R Co., 15 Midi. 3:^2. 6 24 U. C. Q. B. 504. 7 Rol)iiiRon, C, J., in Dnke vs. Groat Western Railway Co., M U. C. Q. B. 377 ; Draper.C. J., in Curtis vs. G. T. R. Co., 12 "u. C C. 1'. 90- 8 Farewell vs. G. T. R. Co., 15 U. C. C. P. 427. III. Cent. Railway Co. vs. Al.ell, cited in 8 Can. L. J. N. S. 172 j 2 Redfleld on Rail- ways, pt 8 par. 197, Hodges do, 619. MJlH&ai Principles of Canadian Railway Law. 61 PASSENGER ASKING CHANGE ON THE TRAIN. In Fulton vs. Grand Trunk Railway Company, ^ it was held that a passenger could not reasonably expect a con- ductor to change a S20 gold piece to pay a fare of $1/J5. STATION. The Company have no righ to leave an intermediate station without warning or signal, and thus leave a passen- ger behind.2 In Walker vs. Great Western Railway,^ it ■was held that the Company were not liable in damages where the j)laintiff took a short cut to the station, and was injured, the proper way of ingress and egress being safe, convenient, and well lighted. But Bulges vs. the same Company * > ontra. STOPPAGE BY SNOW BIX)CKADE. If the line becomes blocked and impeded with snow, the Company are bound to use all reasonable exertion to forward the passengers ; although it May put the Company to extra expense, which they cannot recover from the travellers.5 But the Company are not bound to forward cattle at additional expense and by extraordinary means.^ SERVICE UPON RAILWAY COMPANIES. Service upon a Railway Company cannot be made at one of their stations. It must be at their principal ottice."^ 1 17 U. C. Q. B. 433. And see Hurst vs. G. \V. R., 19 C. B. N. 8. 310. 2 State vn. O. T. R. Co., 4 Am. Rep., 258. 3 < U. C. C. P. 161. 4 32 U. C. L. J. 76. 6 Ad.lisou on Torts. 4th Ed., p. 469. « Idem. Briddori vs. Great Northern Railway, 28 L. J., Ex, 61 . 7 Logciidre rs. O. T. R. Co., 6 L. C. R. 105 ; VVestover vs. Turner &. G. r. II. Co., GarniHhes, 26 C. P. U. C. 610 ; Ahrens vs. Mc- Gilligat, 23 U. C. C. P. 171 ; Wilson rs. Det. & Mil. Railway Co., 3 U. C. P. R. 37 ; Taylor vs. G. T. R. Co., 4 U. C. F. R. 300 5 but see now Rov. Stat. Ont. chap. 60, s. 22. ta so CO \i s !•; 1. 1 62 Principles of Canadian Railway Law. THE RECEI\'£R (Sequestre.) Ill the case of Morrison vs. Grand Trunk Kailway Com- pany,i was held that, in Quebec, the law regarding se- questration of property does not extend to the judicial se- questration of the property of bodies corporate. But Semhle. That if the interests of the shareholders are jeopardized at an annual meeting, the Court pending suit might appoint a receiver or sequestrator to hold the railway in the interests of all concerned. 2 A receiver is well known in Ontario,^ and in England.^ EXECUTION AGAINST RAILWAYS. In the Corporation of City of Drummond vs. South Eastern Counties Railway,^ it was held that the railway of an incorporated Company may be seized and suUl in execution of a judgment in favor of a mortgage creditor. And see McDonald vs. Grand Trunk Railway.^ In the Wason Manufacturing Co. vs. Levis & Kennebec Rail- way,'^ it was held that those railways which are gover- ned by the 2nd part of the Quebec Railway Act, 1869, and especially those subsidized by the Crown, form part of the public domain and cannot be sold en justice, by other than the corporation created to build and run them. And see Morrison vs. Grand Trunk Railway Company.*^ 1 5. L. C. J. 313. 2 SU;j>hen c<. a^ M. Montreal, Portliiml and Boston Hail way Co., VII. L. N.85. 3 Peto vs. Welland Railway Co, 9 Cliy. 455; Oalt vs. Erie & Niai^ara Railway Co., 14 Chy. 4i)!> j Simpson vn, Ottawa & Prescoit Railway Co., 1 Cliy. CImni. 12G & 337. Giles es qtial vs. Faiieuf 1 Montreal Law Reports 8. C.July 1885 p. 322. * HoilgcH on Railways, p. 121, 6i.h Ed. B 24 L. C. J. 27G and 3 L. N. 2 Q. B., 1879. « S. C. R, 187G. T 5 Q. L. R. 5)9. 8 6 L.C.J. 313. Pnnciplea of Canadian Railway Laiu. 63 BUILDER'S RIGHT OF RETENTION. The builder of a railway has no right of retention on the works executed by him, unless he has acquired and preserved the privilege accorded by article 2013 C. C. L. C. upon the surplus value he has given to the immoveable.^ EFFECT OF 46 VIC. C. 24 AS TO LOCAL RAILWAYS. The Dominion Railway Act 46 Victoria, c. 24 has not the effect of abrogating the provisions of the Quebec Rail- way Act, with respect to the local railways to which the Dominion Act applies.^ Thio was on a prohibition to a magistrate, not to proceed on complaint of the appellant against the respondent, for having obstructed a highway, in contravention of the provision of the Railway Act. The complaint was taken out under the Quebec Railway Act of 1880. The prohibition was made absolute on the ground that the Quebec Central was a railway which cut the In- tercolonial Railroad, and therefore that although it was a company existing under a Quebec Statute, it had become a work of general interest to Canada, under 4G Vic. c. 24, and that it had ceased to be governed by the Railway Act. The Queen's Bench reversed the judgment, on the ground that by subsection 2 of 40 Vic. c. 24 the previous legisla- tion is expressly reserved, excei)t as regards s. 15. ss. 5 of the Dominion Railway Act of 1879. COMPANY'S LIABILITY AS TO GOODS IN SEALED CAR. In Wade & al. vs. Canadian Pacific Railway Company ^ the action was brought to recover the value of cerlaiu 1 Iloclii'laii^ii Hunk vs. Montreftl, Porllaml & Bowton Kiiilwiiy & Rayinoiul Oppt., VIll. L. N., \y. 1)9. 2 CnrponiLion of St. Joneplj, Bi'uuoe & Q. C. Ruilway, Q. B., B'ob., 1885, VIII. L. N. 82 3 Nu 8007 Ct. Cl. Montreal, Judgment Utli Septoutber, 1885. 90 so CO mmmmmm 64 Principles of Canadian Railway Law. barrels of flour which had been delivered to the Defendant, in a sealed car by a connecting line. The Defendants forwarded and delivered the car, without making any examination of its contents, and Loranger, J., held that they were not responsible for a deficit in the contents, being only bound to deliver the shipment as they had received it. I' ( DOMINION RAILWAY ACT WITH AMENDMENTS AND REFERENOES' 42 VICTORIA. CAP. 9. An Act to amend and consolidate *^ The Railway Act, 1868/' and the Acts amending]; it. Note. — The date in the margin opposite any provision is the vear in which it was made by this Act (1879) or by An Act amend- iiuj that of 1868, and repealed by s. 102 of this Act. [Assented to 15th May, 1879.] HER Majesty, by aud with the advice and consent of Preamble, the Senate and House of Commons of Canada, enacts as follows : — 1. In citing this Act, it shall be sutlicient to use the Sliort title, expression " The Consolidated Railway Act, 1879," '^^^" APPLICATION OF ACT. By 47 Vict. Cap. 11 Sec. 1 the several sections and substituted sections and provisions of this act, apjily to iill railway companies and railways (except Goveriunent railways) within the legislative authority of the Parliament uf Canada. *2. The provisions of this Act from section live to section Application thirty-four, both inclusive, being Part First of this Act, ''/aJts'^oTthiT^ shall apply to the Intorcolonial Kailway constructed under Act. the authority of the Act of the Parliament of Canada, passed in the thirty-tirst year of Her Majesty's reig!i, and intituled " An Act respecting the con.itructkm of the Intercolonial 31 V., «. 13. B 9a so w •-3; ^^^" ■H 66 Dominion liailway Act with ill Railway," so far as they are applicable to the undertaking, and in so far as they are not inconsistent with or contrary to the provisions of the said Act or any other Act respect- ing it : riie same. 2. The said "' 'itions shall also apply to every railway constructed or 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. How any sec 3. For the purpose of excepting from incorporation excepted from ^^i^h the Special Act any of the sections forming Part First incorporation yf ti,ig Act, it shall be sufficient in the Special Act to Willi anv . p , . A 1 Si)eciai 'Act. enact, that the sections of this Act proposed to be excepted, referring to them by the words forming the headings of such sections resj ectively, shall not b« incorporated with such Act, and the Special Act shall thereupon be construed accordingly. To what Rail '*• ' I'G provisions of tliis Act from section thir*^^ -four to ^ "/"M'^o**'" section ninety-eight, both inclusive, bein" Part Second, J ru visions of J a ^ . . P tills Act yhall shall apply to the Intercolonial Railway, in so far as tliey "1'1'v- are not varied by, or inconsistent with the Special Act respecting it, to all railways constructed by the Govern- ment of Canada, or being or having become the pru])eity of the Dominion of Canada, in or since the year 18G8, in so fur as they are not inconsistent with any Special Act respecting them, and to all railways which bavebeen in or since the said year, or which may be hereafter constructed under the authority of or made subject to any Sj)ecial Act passed by the Parliament of Canada, and to all companies Sul.joctto ineorjiorated for thvir construction and working,, subject pruvifione of .j^y„yy ^^j m,y pvovisiou hereinafter made as to the applica- I |i jg Act «/ ** 1 A A 1S79. ' tion of any section or provision of either part of this Act to any Province, jilace or railway, or as to the time from which it is to be had lea so applying. Amendments and References. 67 PART FIRST. INTERPRETATION. 5. 1. The expression " the Special Act," used in this Interpreta- Act shall be construed to mean any Act authorizing the « ^1,^ Special constr notion of a railway, with which this Act or '< The ■A'Ct-" Raihoay Act, 1868," is incorporated : Que. 5. Ont. 2. 2. The word " prescribed," used in tliis Act in reference "Prescribed" to any matter herein stated, .shall be construed to refer to such matter, as the same is prescribed or provided for in the Special Act ; and the sentence in which such word occurs shall be construed as if, instead of the word " prescribed," the expression " prescribed for that purpose in the Special Act " had been used : 3. The expression " the lands " shall mean the lands "The lands." which by the Special Act are authorized to be taken or used for the purpose thereof : 4. The exprjssion "the undertaking " shall mean the " Tlie under- railway and works, of wliatever description, by the Special Act authorised to be executed : 5. The following words and expressions, both in this In this and and the Special Act shall have the meanings hereby ^'^j. ^P^*^^**' assigned to them, unless there is something in the sub- ject or context repugnant to such construction, that is to say : — 6. The word " Lands '' shall include all real estate, " Lat.ds." messuages, lauds, tenements and hereditaments of any tenure : 7. The word " Lease " shall include any a<;'reement for " Lease." a lease : 8. The word " Toll " shall include any rate or charge or" Toll." other payment payable under this Act or the Special Act for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway : *< O te as ^^mmmmm 68 Dominion Rail, ay Act with " Goods." " County." 9. The word " Goods " shall include things of every kind that may be conveyed upon the railway, or upon steam or other vessels connected therewith : '♦ Sheriff." "Clerk of the Peace." 10. The word " County " shall include any union of Counties, County, Riding or like division of a County in any Province, or any division thereof into separate muni- cipalities in the Province of Quebec : "Highways." n. The word " Highways " shall mean all public roads streets, lanes, and other public ways and communications : 12. The word « Sheriff" shall include Under Sheriff, or other legal competent Deputy ; and where any matter in relation to any lands is required to be done by any Sheritt' or Clerk of the Peace, the expression " the Sheriff,' or the expression " 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, Couuty, Riding, Division or place where any part of such lands are situate : " Justice." 13. The word " Justice " shall mean a Justice of the Peace acting for the District, County, Riding, Division, City or place wheie the matter requiring the recogni- zance 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, Division, City or place where any part of such lands are situate, and who is not interested in such matter ; and where any matter is don; the rail\ purj ATnendmenta and References. authorized or required to be done by two Justices, the expression " two Justices " shall be understood to mean "Two Justi- two Justices assembled and acting together : 14. The word " owner," where, under the provisions of" Owner." this Act or the Special Act, any notice is required to be given to the owner of any lands, or where any act is author- ized 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 therewith, would be enabled to sell and convey lands to the company : 1 5. The expression " the Company " shall mean the " The Com- company or party authorized by the Special Act to con- P*^"^' struct the railway : 16. The expression "the Railway" shall mean the " The Rail- railway and the works by the Special Act authorized to be constructed. INCORPORATION. 6. Every company established under any Special Act Compaiiiea shall be a body corporate under the name declared in the unJer Special Special Act, and shall be vested with all the powers, privi- Acts.ilcclared . ^ , to be bodies leges and mimunities necessary to carry into effect the corporate,&c. intentions and objects of this Act and of the Special Act therefor, and which are incident to such corporation, or are expressed or included in " 2^he Interpretation Act.^' Que. 6 31 V., c. 1. Ont 8. POWERS. T. The company shall have power and authority, — Powers. 1. To receive, hold and take all voluntary grants and To receive donations of laud or other property made to it, to aid in ^o." ^^ '^ ' the construction, maintenance and accommodation of the railway ; but the same shall be held and used for the purpose of such grants or donations only. Que. 7. Cut. 9. as 09 99 li.'. I! Hi ^mmm ^mmiiiw 70 Dortdnion Railway Act with I n To purchase 2. To purchase, hold and take of any corporation or ' person any land or other property necessary for the con- struction, maintenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same : To occupy 3 -^Q railway company shall take possession of, use or beachep,«kc.i occupy any lands vested in Her Majesty, without the of the Crown! *^°"^^"* ^^ ^^^ Governor in Council; but with such consent any such company may take and appropriate for the use of their railway and 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, 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, subject, however, to the exceptions contained in the next following sub-section : 4, Whenever it is necessary for the company to occupy any part of the lands belonging to the Queen, reserved for Naval or Military purposes, they shall first apply for and obtain the license and consent of Her Majesty, under the hand and seal of the Governor, and having obtained such license and consent, 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 80 given : Power to 5. The company shall have power and authority to carry Rail- Yi\dkQ, carry or plice the railway across or upon the lands way acroRH j j i j i lan^ Photographic Sciences Corporation 33 WIST MAIN STRUT WIBSTIR.N.Y. MSaO (716) •73-4S03 ^V"^^ V ilAie^ii.ettJir-.^-.'iitr.k ■ A. 4fn 72 Dominion Railway Act with To convey person H and ^oods on liailway ; To borrow money, ^c. 11. To take, transport, carry and convey persons and goods on the railway, to regulate the time and manner in which the same shall be transported, and the tolls and compensation to be paid therefor, and to receive such tolls and compensation : 12. As Amended hy 46 Vic. cap. 24 sec. 7 suh. sec. 2. To borrow from time to time, either in Canada or elsewhere, such sums of money as may be expedient for completing, maintaining or 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 cur- rency or in sterling, and at such place or places within Canada, or without, as may be deemed advisable, and to sell the same at such prices or discount as may be deemed expedient, or be necessary, and to hypothecate, mortgage or pledge the lands, tolls, revenues and other properties of the company for the due payment of the said sums and the interest thereon, but no such debenture shall be for a less sum than one hundred dollars. And the power of Clause added issuing bonds conferred upon the company hereby or by its 0^24 B. 7^ HH 2 ^^^'^^"^^^ shall not be construed as being exhausted by such issue, but may be exercised from time to time upon the bonds constituting such issup being withdrawn or ])aid off, and duly cancelled: Provided always, that the limit to the amount of bonds fixed by the Special Act shall not bo exceeded : To enter upon l"^- ^0 enter into and ujion any lands of Her Majesty To issue lionds, deben tares, &c., pledging Company's property. IuihIh, i^C, for survey without previous license therefor, or into and upon the lands of any corporation or jierson whatsoever lying in the intended route or line of the railv/ay ; and to make surveys, examinations, or other necessary arrangements on such lands necessary for fixing the site of the railway, and to set out and ascertain such ])arts of the lands as are neces- sary and proper for the railway '■ Amendments and References. 73 14. To fell or remove any trees standing in any woods, To remove lands or forests, where the railway passes, to the distance ^^^^^' of six rods from either side thereof : 15. To cross, intersect, join and unite the railway with To cross or any other railv/ay at any point on its route, and upon the "^jj^^ ''^q\\. lands of such other railway, with the necessary convenien- ways. ces for the purposes of such connection ; and the owners of both railways may unite in forming such intersection, and grant the facilities therefor; and in case of disagree- ment upon the amount of compensation to be made there- for, or unon the point or manner of such crossing and connection, the same shall be determined by arbitrators to be appointed by a judge of one of the superior courts in the Province in which the point of junction or intersection is situated : 16. But no railway company shall avail itself of any of But not with- the powers contained in the next preceding sub-section "j'^'i^ ^^^^^J*^''" without application to the Kail way Committee constituted KailwayCom- 1 11- „py • P 1 ■ k ^ p 1 niiHttce under under the thirty-nfth section ot this Act, lor approval ot ^ec. 35. the mode of crossing, union or intersection proposed, — of which ap})lication, notice in writing bIuiU be given to any other railway affected, by sending the same by mail or otherwise, to the address of the President, Su])erintendent, Manr.ging Director or Secretary of any such railway com- pany ; and when such approval has been obtained, it shall be lawful for either railway, in case of disagreement as to the amount to be paid for compensation, to proceed for the determination of such compensation as provided in the said sub-section; and this sub-section and the M(-xt^^ ^^p^^^.j^^. preceding it sliall extend and a]i])ly to a railway incor- cial HailwayH piirated under any Act of a Provincial Legisiature, in any case in which it is ])ropo3ed that such railway shall cross, intersect, join or unite with a railway under the legislative control of Canada : so cs ■ cr iS * ^ in ?9^^^^Hi^iWI 74 Dominion Bailway Act with ii'i tion£>. Any Railway 17. Any railway company may construct a branch or nia'y cun- branches not exceedinjf six miles in length from any Btruct brancli terminus or station of their railway, whenever a by-law certain"condi- sanctioning the same has been passed by the Municipal Council of the Mu !i 'pality within the limits of which such proposed branch is situate ; and no such branch sliall, as to the quality and construction of the road, be subject to any of the restrictions contained in the Special Act or in tliis 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 sucli party first obtained : 18. For the purpose of connecting any city, town, Powers to construct . , r ^ ■ • branch lines Village, manuiactory or manulactories, mine or mines, or any for certain quarry or quarries of stone or slate, or any well or si)riiig, furpo 876. Proviso ; -1 • 1 1 Notice to be nines in length giren. with the main line of the railway of the comjiany, or with any branch thereof, or with any railway worked or leased by the company ; and for the purpose of giving increased facilities to business, or for the purpose of transi)orting the products of any such manufactory, mine, quarry, well or spring, it shall be lawful for the comi)any to build, make and construct, and to work and use, sidings, switches or branch lines of railway, not to exceed in any one case six Provitled .always, that the company shall not proceed to locate or build any branch lino of more than one quarter of a mile in length, under this section of this Act, until public notice shall have been Maps and given for six weeks in some newspajier published in the plans: and couiitv or counties through or in which such branch line is approval of "^ .... overnor in to be made, that it is the intention of the company to ap^ily to the Governor in Council to sanction the building of Buch branch lino, and to a])propriate the necessary lands for that piirjiose, under the conijuilsory powers vested in them by this Act, or by any other Act in their behalf ; nor unless the company shall, prior to the first publication Council. Amendments and References. 75 of such notice, have deposited in the Registry Office of any city, county or part of a county, in which the line or any jiurt tliereof is to be constructed, the maps and plans indicating the location of the line ; nor until the company shall have submitted the same to, and such maps and plans shall have been approved by, the Governor in Council, after the expiration of the notice ; And provided further, that the Order of the Governor in Council, approv- time f,,r con- ing the said maps and plans, shall limit the time, notf.^''".'"*",'" exceeding two years from the date of such order, within which the company may construct such branch line : h. For any and every such purpose, each and every Powers of ,.„,,,,, , . Company as company herem referred to, shall have and may exercise to such all the powers given them with resi)ect to their main line, 'jj^"!"^^^ ''"®^* by the Act incorporating the company, and the Acts amending the same or relating to the company, or the Act authorizing the construction of the main line, and this Act and any Act amending the same ; and each and all provisions of the said Acts which are applicable to such extension shall extend and apply to every such siding, switch or branch line of railway : 19. Any railway company desiring at any time toClmn-roatnay cliange the location of its lino of railway in any parti- tiu. im,' of a cular t)art for the purpose of lessening a curve, reducing a^i'"'''«'|''y »•- gradient, or otherwise benefiting such line of railway, orccrtiiiu ur- for any other purpose of public advantage, may make such P*'*^''*"* change ; and all and every the clauses of this Act shall ref(!r as fully to the part of such line of railway, so at any time changed or projmsed to bo changed, as to the original Proviso : line ; but no railway company shall have any right to extent its line of railway beyond tlio termini mentioned in the Special Act : 20. The original ca])ital stock of any railway company Capital stock may be increased from time to time to any amount ; but '""^ i'^ i '"' '' . J > '" crt'aspd : how such increase must bo sanctioned by a vote in jjcrson, orby nml m what proxy, of at least two-thirds in amount of all the share- ^'^"' "'"^"''' es :C 199 ■99iPPi!impm 76 Dominion Railway Act with '.r| holders, at a meeting expressly called by the directors for that purpose, by a notice in writing to each shareholder, served on him personally, or properly directed to him, .nd deposited in the Post Office, at least twenty days previous to such meeting, stating the time and place and object of the meeting, and the amount of increase ; and the proceed- ings of such meeting must be entered on the minutes of the proceedings, and thereu})on the capital stock may be increased to the amount sanctioned by such a vote. PLAN- AND SURVEYS. Provision re- J'i. Plans and Surveys shall be made and corrected as Tvf aid'"'" follows :- Que. 8 Ont. 10 Map and Book ^' Surveys and levels shall be taken and made of the of Reference ; lands through which the railway is to pass, together with a contents. ° . . ip. ^,'.*. ,, map or plan thereoi, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also a Book of Reference for the railway in which shall be set forth : — a. A general descri]ition of the said lands ; h. The name of the owners and occupiers thereof, so far as they can be ascertained ; and — c. Every thing necessary for the right understanding of such map or plan ; To be exam- 2. The map or plan and Book of Reference shall be Lmf c(!^*jies ''''' examined and certified by the minister of Public Works or depoHJted. his deputy ; and a duplicate thereof, so examined and certified, shall be deposited in the office of the l)ei)artment of Public Works ; and the company shall be bound to furnish copies of such map or plan and Book of Reference, or of sucli 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 I'eace for such districts or coun- ties respectively : Amendments and References. 77 3. Any person may resort to such copies, and make extracts therefrom or copies thereof, as occasion requires, paying to the Clerk of the Peace, at the rate of ten cents for every hundred words : 4. Such map or plan and Book of Eeference so certi- fied, or a true copy thereof certified by the Minister of Public Works oi by the Clerks of the Peace, shall be good evidence in any court of law and elsewhere ; 5. Any omission, misstatement or erroneous descrip- tion of such lands, or of the owners or occupiers thereof, in any map or plan or Book of Reference, may, after giving ten days notice to the owners of such lands, be correc'^'3d by two justices on application made to them for that purpose ; and if it appears to them that such omission, misstatement or errroneous description arose from mistake, the justices shall certify the same accordingly : 6. The certificate shall state the particulars of any such omission, and the manner thereof, and shall be depo- sited with the Clerks of the Peace of the districts or coun- ties res[)ectively in which such lands are situate, and be kept by them along with the other documents to which they rclat'j ; and thereupon such map or plan or Book of Peferenco shall be deemed to be corrected according to such cortificte; and the company nmy make the rail- way in accordance with the certificate : 7. If any alterations from the original plan or survey are intended to be made in the line or course 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 dejjosited in the same manner as the original plan ; and copies of, or extracts from such plan and section so far as they relate to the several districts or counties, in or through which such alterations have been authorized to be made, shall 1)0 deposited with the Clerks of the Peace of such districts and counties : Acceps to copies. Cortificil cop- ies to be evi- dence. Omissions or errors how renieiiied. Certificates relating thereto, Alterations from original survey. 901 ■ r: iS 78 Dominion Railivay Act with Railway not 8. As Amended by 46 Vic. caj). 24 sec. 2. Until such ed with 'uiaii^^'^o^'^^^ '^^P ^^ V^^^ ^"^ Book of Ileference, or the plans map, kc, tk- aud sections of the alterations, have been so deposited, P°^' '^' ■ the execution of the railway, or of the part thereof affected by the alterations, as the case may be, shall not be pro- ceeded with. 9. The Clerks of the Peace shall receive and retain the Clerks of the re^ain^ copies copies of the original plans and surveys, and copies of the of oriiritial plan, 9 c» • < 84 Dominion Railway Act with 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 ; That he knows the land or the amount of damage likely to arise from the exercise of the powers ; and — That the sum so offered is, in his opinion, a fair com- pensation for the land, and for the damages aforesaid : Que. 9 ss. 13. (c) 13. If the opposite party is absent from the district ov unty in which the lands lie, or is unknown, then, upon application to the Judge of the Superior Court for the iiown ; application to ..... u Judge. district, if it be in the Proviiice of Quebec, or to the Judgn of the County Court for the county, if it be in either of the Provinces of Ontario or New Brunswick, or to a Judge See H. 101 as of the Supreme Court, if it be in the Province of Nova toP.E. I. ^ . ^ . 1 , fecotia, accompanied by such certincate as aioresaid, and by an aflidavit of some officer of the company that tlie 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 ]>ublished in some adjacent district or county : Out. 20 (2). Que. 9 sa. 14. If the County .Iuil;rc' be in- terested.. 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 cases all the powers given by this section to the County Judge in cases in which he is not interested : Ont. 20 (3) Que. 9. 88. 15. ' I Amendments and References. 85 of land, railway, ;e likely air corn- id : Que. i strict or ion, upon b for the he Judgi! either of a. Judge Q of Nova esaid, and y that the t enquiry, cannot be esaid, but es in tlie bed in the published B adjacent ted in any the county he superior liall, on tiie ases all the ge in cases e. 9. 88. 15. r-^ 15. If within ten days after the service of such notice, Party not or within one month after the first ])ublication thereof, the CmnpamV '^ opposite party does not notify to the company his accept- '^''fe". 'i"'l ''<3t r. , ro T 1 1 -PI 1 appointingaii ance of the sum onered by them, or notify to tlieni the Arbitrator. name of a person whom he 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 determining the compensation to be paid as aforesaid : Out. 20 (-t) Que. 9 ss. 16 10. As repealed and sulMitiifed by 47 Vic. cap. Usee. Anpointmetit . . TP , • • , • 1 ■ P -T "it Arbitrators 12. It the opposite party, wittun the time aforesaid, i>y opposite notifies to the Company the name of his arbitrator then ^T'!u\ ' ^'^^ the two arl)itrator3 shall jointly appoint a third, or if they cannot agree upon a third, then any Judge of a superior court of the district or Province, or if the Ciise arises in tlie North West Territories, any stii)ondiary magistrate, sliall on the application of the ])arty or the Company (previous notice of at least six clear days having Ijeen given to the other party), a])point a third arbitrator, and the expression " the judge " in sub-section twenty-two or any other part of this section, shall be construed as meaning tiie judge authorised to act under this sub-section, in the district or Province in which the case referred to arises : Out 20 ( 5) Que. 9 ss. 17 17. The arbitrators, or two of them, or the sole arbitrator, Dutios of being sworn before some Justice of the Peace for the '^''"'^'''^'^'^''''• district or county in whicli the lands lie, faithfully and impartially to perform tlie duties of their oflice, shall ])ro- ceed to ascertain the said ompensation in such way as they or he, or a r- ycvity of them, deem best ; and the award of Awanlof two such arbitrators, or any two of them, or of the sole arbitrator, cicut!" ''""^" shall be final and conclusive ; but no such award shall be made or any ofhcial act bo done by such majority, except at a meeting hold at a time and place of which the 99 >^ sie ■ aw • r: rr zs^csaa mmm 86 Dominion Raihmy Act tuith III '■ !ii other arbitrator has had at least two clear days' notice, or to whirh some meeting at which the third arbitrator was present, had been adjourned ; and no notice to either of the parties shall be necessary, but each party shall be held surticiently notified through the arbitrator appointed by him, or whose appointment he required : 0)it 20 (6) Que. y 8S. 18 18. The arbitrators in deciding on such value or corn- Arbitrators to coiinider in- creased value ])ensation, are authorized and required to take into con- ot remaining ^|^|^^^.,^|_j^jj^ ^^^^ increased value that would be given to any liindB. Coptf=, how paid. Arbitrators may examine oil oath. lands or grounds through or over which the railway will pass by reason of the passage of the railway through or over the same, or bv reason of the construction of the railway, and to set oft' the increased value that will attach to the said lands or grounds, agiinst the inconvenience, loss or damage that might be suifered or sustained by reason of the company taking possession of or using the said lands or grounds as aforesaid : Out. 20 Q^) Que, 9 ss. 19 19. As repealed and substituted by 46 Vic. cap. 24 sec, 8. If by an award of arbitrators made under this Act, the sum awarded exceeds the sum oftered by the company, the costs of the arbitration shall be liorno by the company ; but if otherwise, they shall be borne by the opposite party, and be deducted from the compensation ; and in either case tiie amount of such costs, if not agreed upon, may be taxed by the judge. Out. 20 (7) Que. 9 ss. 2Q 20. The arbitrators, or n majority of them, or the sole arbitrator, may examine on oath or solemn allirnuition, the ]»arties, or such witnesses as voluntarily appear before them or him, and may administer such oath or alUrmation ; and any wilfully i'alse statement made by any witness, under such oath or allirmation shall be deemed wilful and corrupt perjury, and punishable accordingly : Out, 20 ('••) Que. 9 S8. 21 Amendmeats and References. 87 2i. A majority of the arbitrators at the first meeting Time within after their appointment, or the sole arbitr^ Lor, shall fix a- )),ay^be made, 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 consent of the parties or by resolution of tlie arbi- trators, then, the sum offered by the company as aforesaid shall be the compensation to be paid by them : Out. 20 (13) Que, 9 ss. 22 22. As repealed and substituted by 47 Vic. cap. 11 sec. Arbitrator 1 A Tp 1 1 1 • • T » 1 • 1 living, &c. 14. It the sole arbitrator appointed by the judge, or anys",ilj-s. 22 of arbitrator appointed by the two arbitrators 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 sole arbitrator the judge, upon the application of either party, being satisfied by affidavit or otherwise of such death, dis(|ualification, refusal or failure, may appoint another arbitrator in the place of such sole arbitrator ; and in the case of any arbitrator appointed by the parties, the Compa" ny and party respectively may each appoint an arbitra- tor in the place of his or their arbitrator so deceased or not acting ; and in the case of a third arbitrator appointed by the two arbitrators, the provisions of the sixteenth subsection of this seciion shall apply ; but no recominen- cenient or repetition of prior proceedings shall be requir- ed in any case : Out, 20 (14) Que. 9 ss, 23 23. Any such notice for lands, as aforesaid, may be Compfiny desisted from, and new notice iriven, with regard to the ""^^ 'Jf*^ist. ' o 7 o paying costs. 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 conseipienco of such first notice and desi.stnient, shall subsist ; Ont. 20 (15) Que. 9 ss. 24 cs :C i5 so • < 88 Dominion Railway Act with Surveyor or 24. The surveyor or other person offered or appointed not'dipmiali-''^^ valuator or as sole arbitrator, shall not be disqualified tied uiik'Hs by reason that he is professionally employed by either uiterested. P'^^'ty. 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 interested in the amount of the com- pensation ; and no cause of disc[ualification shall be urged against any arbitrator aj)pointed by the judge after his ajipointment, but the objection must be made before the a])])ointment, and its validity or invalidity sliall be sum- marily determined by the judge : Out. 20(1G) Que. 9 ss. 25 When dis- 25. No cause of disqualification shall be urged against mnsn \e "^" ^'^y 'T^i'l^iti'^^tor appointed by the company or by the iirfred. opposite party after the a[»])ointment of a third arbitrator; No ol'jentionp , , ,.,'. . ,. ,. ^ ,. ,.,, admisHible and tlie validity or in.alulity, or any cause oi iliscpialuica- after a tliird {.j^,,^ mved against any such arbitrator, before tlie apiioint- Arbitrator . . . . has licen ap- meut of a third arbitrator, shall be summarily determined poiiitet . |,^^^ j.j^g judge, on the application of either i)arty, after two clear days' notice to the other, and if tiie cause is deter- mined to be valid, the appointment shall be null, and the party offering the person so adjudged to be dis(|ual- itied, shall be held not to have appointed an arbitrator : Ont. 20 (17) Qne. 9 ss. 26 Awards not 20. No award shall bo invalidated from any want of ^^*^Jj'j^^jC°y',j, form or other teciinical objection, if the requirements of this Act have been com))lied with, and if the award state clearly the sum awarded, and the lands or other pro- jierty, right or thing for which such sum is to be the com- pensation ; nor sliall it be necessary that the jiarty or parties to whom the sum is to be [)aid, be named in the award : Out. 20 (18) Que. 9 .sv. 27 PosBOPPion 27. 1^1)011 payment or legal tender of the comjiensalion may lie taken , , , , , ^ ^, on payment or aniiuul rent so awarded or agreed upon to the party f AmendTnents and References. 89 i entitled to receive the same, or upon the payment into of temlor, &.c. „ , p , . . , of sniii award- court of the amount or such compensation in the mannered. hereinafter mentioned, the award or agreement shall vest in the company the power forthwith to take possession of t.') lands, or to exercise the right, or to do the thing for which such compensation or annual rent has been awarded or agreed upon, and if any resistance or forcible opposition be made by any person to their so doing, the judge Warrant of may, on proof to his satisfaction of such award or agree- '^ '''' " mout, issue his warrant to the sheriff of the district or county, or to a bailiff, as he may deem most suitable, to put the com[)any in possession, and to put down such resis- tance or opposition, which the sheriff or bailiff, taking with him sufficient assistance, shall accordingly do : Ont. 20 (22) Qiw. 9 ss. 28 28. Such warrant may also be granted by any such When war- judge, without such award or agreement, on affidavit to his ,«i!ssion mav satisfaction that the immediate ijossession of the lands or '^'^'•p , before J , 1 • • 1 • 1 • • award of the power to do the thing mentioned in the notice, is necessary to carry on some part of the railway with which the company are ready forthwith to proceed : Ont. 20 (23) Que. 9 .s',s\ 29 h. But no judge shall grant any warrant under this On wliat con- sub-section unless ten days' previous notice of the time and .i,„]j,e ,„ay " place when and wliere application for its granting will be f^'^'^l^^/^y*^" made to him, has been served upon the owner of the land, or the jiarty empowered to convey the land, or interested in the land sought to be taken, or which may suffer damage from the taking of materials sought to be taken, or the exercise of the powers sought to be exercised, or the doing of the thing sought to be done by the railway company ; nor sliall any judge grant any such warrant except \\\Hn\ the com])any giving security to his satisfaction* by deposit in ii chartered bank indicated by him, to the warrant. 99 r— ' 90 Dominion Bailuuy Act luith Deposit of conipensa- tion reqiiireJ, 1879. Deposit to 1)0 paid out only on Judge's order. When the compensa- tion is to stand in the t)lace of the and. As to incum- brances, SiC, upon lands, Ac, purchas- ed or taken in Ontario, Nova Scotia or New Brunswick. See s. 101 as to other Pro V- nceti. credit of the company and such person or party jointly, of a sum larger than liis estimate of the probable com i)ensa- tion, and not less than double the amount mentioned in the notice served under sub-section twelve of this section ; and the costs of the api)lication to and of any hearing before the judge, shall be borne by the railway company, unless the compensation awarded shall be less than they had declared their readiness to pay ; and no part of such deposit or of any interest thereon shall be repaid or paid to such company or paid to such owr n* or party without an order from such judge, which he shall have power to make in accordance with the terms of the award': Que 9 ss. 29 29. 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 incuml)rance upon the said lands, or any portion thereof, shall, as against the com])any, be converted into claim to the com[)ensation, or to alike proportion thereof, and tiiey shall be res])onsi- ble accordingly whenever they have paid such com])ensa- tion, or any part thereof, to a party not f';.ticled to receive the same, saving always their recoiir • ..'Li'iu such party: Ont 20 (24) Que. 9 ss. 30 30. If the company has reason to fear any claims or incumbrances, or if any party to whom the compensation or annual rent, or any part thereof is payable, refuses to execute the proper conveyance and guarantee, or if the 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 advistible, the com[)any, may, if the lands are situated in either of the I'rovinces of Ontario, Nova Scotia or New Brunswick, pay such compensation into the ollice of one of tfie superior courts for the province in which the lauds are situated, with the interest thereon for six months, Amendments and Refeiences. 01 and may deliver to the clerk of the court an authentic coi)y of the conveyance, or of the award or agreement if tlierc be no conveyance ; and such award or agreement shall thereafter be deemed to be the title of tlie company u the land therein mentioned : Out 20 (25) Que. 9 ss. 31 31. A notice, in such form and for such time as the What notice court ap})oints, shall be inserted in some newspaper, if there \\^\^'J^l ^" be any, jiublished 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, tiie conveyance, agreement or award, is under this Act, and shall call upon all persons entitled to the land, or to any ])art thereof, or representing or being the husbands of any parties so entitled, to file their claims to the compensation, of 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 mort- gages or incumbrances upon the same ; and the court Order of shall make such order for the distribution, payment orp^'"''' J'^'tri- ^ •' ^ niuitig coin- investment of the compensation, and for the securing of pensution. 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 : 0)it, 20 (2(J) Que. 9 ss, 32 32. The costs of the proceedings, or any part thereof. By wliom shall be j)aid by the company, or by any other party, as ^^j'' •'^ 'a i be the court may order : Out. 20 (27) Qitc. 9 ss, 33 33. If such order of distriJjution be obtained in less than Wlien interest six months from the i)ayment of the compensation iiitOj||"'||p^j j.^ '^' court, the court shall direct a proportionate part of the p'lid l)y the interest to be returned to the com])any, and if from " "P'"'y' any error, fault or neglect of tiie company it is not obtained until after the six months have expired, the court ZKt :C iPMiai 92 Dominion Railway Act ivith Capoinwliich laii'ls are nit- iiiue in P.Q., and Cojn- pany liave reason to fear incumbran- ces provided for. sliall order the company to pay to the proper claimants the interest for such further period as may be right : 0)it. 20 (28) Que. 9 ss. 33 34. If the lands so taken are situated 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, ref'^ses to execute the proper con- veyance and guarantee, or if the party entitled to claim the compensation or vent cannot be found, or is unknown to the comjiany, or if for other reasons the company deems it advisable, the company may pay such compensation into the hands of the prothouotary of the superior court for the district in which tlie land is situate, with the interest thereon for six mouths, and may deliver to the said prothouotary an authentic copy of the conveyauce — or of the award if tliere be no conveyance — , and such award shall thereafter be deemed to be the title of the company to the land therein mentioned, and proceedings shall thereupon be had for the confirmation of the title of the company, in like manner as in other cases of confirmation of title, except that, in addition to the usual contents of the notice, the protiionotary shall state that the title of the com])any (that is, the conveyance or award) is under this Act, and shall call upon all persons entitled to the lands, or any part thereof, or representing or bei; g the husband of any party so entitled, to file their claims to such com})ensation or any part thereof : and all such claims shall be received and adjudged upon by the court : Que. 9 ss. 31. Effect of a 35. Such judgment of confirmation shall forever bar all confirmation claims to the land or any part thereof (including dower not yet open), as well as any mortgage, hypothec or incum- brance upon the same ; and the court shall make such Special no- tice in such case. ;!ii Amendments and References. 93 Interest. order for the distribution, payment and investment of the comiiensation, and for the security of the rights of all parties interested, as to right and justice, and the Special Act, and tlie provisions of this Acit and to law, shall apper- tain : Que. 9 ss. 32 36. The costs of the proceedings, or any part thereof By whom shall be paid by the company or by any other party, as the paid, court may order ; and if judgment of confirmation be obtained in less than six months from the payment of thj compensation to the protlionotary, the court shall direct a proportionate part of the interest to be returned to the company, and if from any error, fault or neglect of the com])any it is not obtained until after the six months have ex})ired the court shall order the company to pay the prothonotory the interest for such further period as may be right : Que. 9 ss. 33 37. If the railway passes through any land belonging The case of to or in possession of any tribe of Indians in Canada, or if '^''I'l^^'^y . . . passing any act occasioning danuige to their lands be done under through the authority of tliis Act or the Special Act, compensation 'Jyy^"gj^"*j,_' sliall be made to them therefor, in the same manner as is provided with respect to the lands or rights of other indi- viduals ; and whenever it is necessary that arbitrators sliould be chosen by the parties, the Minister of the Interior is hereby autliorized and required to name an arbitrator on behalf of the Indians ; and where the lands belong to the Indians the amount awarded in any case shall be paid to the said Minister of the Interior for the use of such tribe or body. 38. Whenever stone, gravel, earth, sand or water is power to required for the construction or maintenance of any rail- ^'}\^ niate- •^ rials for con- way, or any part there(jf, the company may, in case they struction of cannot agree with the owner of tlic lands ou which the ■ cr CO ■•< :iS 94 Dominion Raihvay Act with same are situated, for the purchase thereof, cause a Land Surveyor duly licensed to act as such in the Province or Territory, to make a nia[) and description of the property so required, and they sluiU serve a copy thereof with their notice of arbitration, as in the case of acquiring the road- way ; and all the provisions of this Act as to the service of the said notice of arbitration, compensation, deeds, pay- ment of money into court, the right to soil, the right to convey, and the i)arties trom whom lands may be taken, or M'ho may sell, shall apply to the subject-matter of this sub-section, and to the obtaining materials as aforesaid; and such proceedings may be had by the company, either for the right to the fee-simple in the land, from which the said material shall be taken, or for the right to take mate- Notice in rial for any time they shall think necessary ; and the tratlon 1879" "o^^^e of arbitration, in case arbitration is resorted to, shall state the interest and powers required : Que. 9 ss. 34. Power to 39. Whenever any gravel, stone, earth, sand or water is inakesulings, taken as aforesaid, at a distance from the line of the rail- conduitB, «Kc. 1879. way, the company may lay down the necessary sidings, water-pipes or conduits and tracks over or through any lauds inte vening between the railway and the lands on which such material or water is found, whatever the dis- tance may be ; and all the provisions of this Act, except such as relate to the filing of 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 May be oxer- acquired for a term of years or permanently, as the com- repairfnK and P^^^ ^^^ think proper ; and the powers in this and the maintainiiif]; next preceding sub-section contained may at all times be exercised and used in all respects, after the railway is constructed, for the purpose of repairing and maintaining the railway : Que. 9 ss. 35 road. 1879. Amendments and References. 95 e a Lund viiice or property 'ith their tlie road- service eds, pay- right to ;aken, or of this foresaid ; y, either hicli the :e mate- and the to, shell •. U. ' water is the rail- sidings, lUgh any lands on the dis- ;, except nation of 'cised to land on may be he com- and the ;imes be Ivvay is titaining 40. Whenever, for tLe purpose of procuring sufficient Provision lands for stations or gr.".v'el-i)its, or for constructing, main- ^J^j'J^'i'p j,,^ qj. taining and using the railway, any land mav be taken parcel o\' ° , "^ . : ''^ , . : , , Irtii.l can be under the compulsory provisions of this section, and by purchased purchasing the whole of any h)t or parcel of hind over^^'^'' "''^^In"" ^ . ° . . •' ^ tage. 18(9. wliicli the railway is to run, or of which any part may be taken under tlie said provisions, the company can obtain the same at a more reasonable price or to greater advan- tage than by purchasing the roadway line only or only such part as aforesaid, the company may purchase, hold, use or enjoy the whole of such lot or parcel, and also the right of way thereto, if the same be separated from their railway, and may sell and convey the same, or any part thereof, from time to time, as they may deem expedient ; but the com])ulsory provisions of this Act shall not apply to the taking of any portion of such lot or parcel not necessary for the purposes aforesaid : Que. 9 ss. 36 By 47 Vic. cap 11 sec 15. No railway company shall locate the line of its proposed railway, or of any branch thereof, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to any mine then open, or for opening which preparations are, at the time of such location, being lawfully and openly made ; and no person shall at any time be compelled to sell or convey or give possession of to any railway company a part only of any house or other building or manufactory, if such person is willing and able to sell and convey and give possession of the whole thereof. lO. Whenever any railway company, subject for any Proceeding cause to the legislative authority of the Parliament of gp^ce is re- Canada (and whether the provisions of this Act generally quired for the , ^ ° •' accommoda- ao or do not for other purposes apply to such company ortion of tlie their railway) requires at any station or place on the line ^j^!'^^ ^^ ^"^ of such railway more ample space for the convenient place. 1871. so CO EH iS so I 96 Dominion Railicay Act with accommodation of the public and of the traffic on the railway than they 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 the purposes aforesaid, not being in actual use for similar purposes by any other railway com- pany (and for the purpose of making such plan shall have the powers granted to railway companies for making surveys, by the seventh section of this Act.) and may transmit such plan to the Minister of Public Works. (See hoivever, 42 Vic. cap. 7, sec. 5,) with an application (supported by affidavit) on behalf of the CGTupany, referring to such plan and stating that certain grounds shewn thereon is necessary for the purposes aforesaid, and that no other grouad 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 thereof for such purposes under this Act, — of which application ten days notice shall be given to the owner or possessor of such property ; and the correct- ness of the plan and the truth of the allegations in such ai)plication shall be certified by the president or one of the directors of the company, and by their engineer, and such plan and statement shall be made and transmitted to the Minister in duplicate : Out. 3i^. Que. 1 S'Sr^of ''^ 11. The ^linister of Public Works shall inquire into the PublicWorks correctness of the plan and the truth of the allegations quirei • ^^ ^^^^ application aforesaid, and being satisfied thereof, shall grant a certificate tothat effect, and declaring it to be necessary in the public interest that the ground shown on such plan, or any less quantity, should be acquired by the company ; and such certificate shall be annexed to one of the duplicates of the said plan and statement, and the otlier duplicate shall remaiu in the office of the Minis- ter : Que. 11 Amendments and References. 97 } railway jnsent of a plan at sucli being in ay com- lall have making uid may •ks. {See plication sompany, grounds said, and can be with less nister to nder this given to i correot- 3 in such >ne of the and such ed to the into the negations i thereof, y it to be shewn on [uired by luexed to nent, and le Minis- ¥ 12. Upon the granting of such certificate as aforesaid Effect of such by the Minister of Public Works, and by virtue thereof, and applica- tlie company shall have power to take the ground shewn ^i*^" 9*^ .^^''^''■'". ^ '' ^ . '^ . provisions ot on the said plan as required for the purposes aforesaid, this Act to without the consent of the proprietors ; and the company I'fiej a" ^^^' and all corporations or parties who could not othtr wise necessary. convey the same to the company, shall have, with respect to any such ground, all the powers granted by the sections of this Act, headed " Lands and their Valuation," to rjiilway companies, corporations and parties who could not otherwise convey the same, with respect to lands which may be taken without the consent of the proprietors thereof ; and the enactments and provisions of the said section, except such as refer to the map or plan and Book of Eeference therein mentioned, or as limit the extent of land to be taken, shall apply and are hereby extended to the ground mentioned 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 such ground or any part thereof, with or M'ithout the consent of the Sale of land proprietor ; and if at any time thereafter the company shall ^ot ofter- not require the whole or any portion of the land acquired wards re- under the sections last aforesaid, then such land as is not ^"'^^ so required shall be sold by public auction after thirty days notice thereof in any newspaper. Que. 12. 13. Any such certificate as aforesaid, purporting to be Proof of cer- signed 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. Que. 13. 14. The provisions of the four next preceding sections Application shall apply to every railway company heretofore, or whicii precedTng ^^' may be hereafter incorporated, and to every railway here- sections. 1871 tofore constructed, or now in course of construction or here- G pa S16 98 Dominion Railway Act with Traino stand, ing on high- ways. Penalty for contraven- tion of this section. after to be constructed, as well as to those railways and railway companies to which this Act is by its provisions declared to be generally applicable. Out. 21, Que. 14. 47 VictoHa, chapter 11, section 8. Where any rail- way crosses any public highway en the level, it shall not be lawful for the railway Company, its officers, ser- vants or agents, wilfully to permit any or any portion of any engine, tender or car, to stand on any part of such highway for a longer period than five minutes at one time ; aud if, in any city, town or village, a train is wai. ting for more than five minutes, such waiting train shall be cut so as to clear the highway. (2) In every case of contravention of the provisions of this section, every such officer, servant and agent, having under or subject to his control, management or direction, any engine, tender or car, which, or any portion of which, shall be allowed wilfully to stand on such highway longer than the time specified in this section, shall, and such railway company shall also, for each such contravention, incur a penalty not exceeding fifty dollars, which penalty, with costs, may be recovered in any court of competent jurisdiction by the informer or any person suing for the same, and one-half of the penalty so recovered shall belong to the Crown, and the other half to the person suing for the same : Provided always, that if such alleged contraven- tion is in the opinioi. of the court, excusable, such case may be dismissed without costs. HIGHWAYS AND BBIDQES. Railway not j^, ;j'j^q railway shall not be carried along an existing along any higliway, but merely cross the same in the line of the rail ■ \viUiou7leavc "^^''^y> ""'^ss leave has been obtained from the proper munf. irom tnunici- cipal or local authority therefor ; and no obstruction of tied. ' ' such highway with the works shall be made without turn- ing the highway so as to leave an open aud good passage Recovery and application. Proviso. revisions 14. ,ny rail- it shall cers, ser- Drtion of of such at one is wai. aia shall isions of i, having lirection, f which, ,y longer md such ivention, penalty, jmpetent for the 11 belong uing for ntraven- uch caye existing the rail • ur muni, lotion of lit turn- passuge Amendments and References. 99 for carriages, and, on completion of the works, replacing the highway, under a penalty 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^ tlie surface of the road more than one inch, shall not be deemed an obstruction : Que. 15. 2. No part of the railway which crosses any highway Railway not without being carried over by a bridge, or under by a tun- tiiai^oiie^nch nel, shall rise above or sink below the level of the high- above level of way more than one inch ; and the railway may l)e carried when cross- across or above any highway within the limits aforesaid: '"o the same. Ont. 21 (2). Que. 15 (2) 3. The span of the arch of any bridge erected for carrying Height and the railway over or across any highway shall rt all times fPiM^ °^ J o J bridge over be, and be continued of the open and clear breadth and high ways, space, under such arch, of not less than twenty feet, and of a ^- eight from the surface of such highway to the cpntre of sucli arch of not less than twelve feet, and the descent under any such bridge shall not exceed one foot in twenty feet : Ont. 21 (3) Que. 15. (3) 4. As repealed substituted by 47 Vic. cap. 11 sec. 10 The inclination of the ascent, or descent, as the case may be, of any aj)proach by which any roadway is carried upon, over or under any railway, shall not be greater than one foot of rise or fall for every twenty feet of the horizontal length of such approach ; and a good and sufficient fence shall be made on each aide of such approach and of the bridge and passage connected with it, which fence shall not be less than four feet in height from the surface of the approach, bridge, or passage ; and for railways under cons- truction or already constructed the Eailway Committee of the Privy Council shall determine the proportion in which the cost of providing such fencing for such approach ■ Mm t/9 SIS 100 Dominion Railway Act with shall be borne by the railway company and the munici- pality or person interested : Ont 21 (4) Que. 15. (4) Clear head- 5- -^^ repealed and suhstituted by 44 Vic. cap. 24 sec. way ot" 7 feet 3^ Every bridge or other erection or structure over or above higliest , , i • i i • » freiglit car to through or under which any railway to which this Act b •jr q^'V- PP^'^^ passes, and every tunnel through which any such over the rail- railway passes, existing at the tiine of the passing of this ^' Act, of which the lower beams, members or portions of that l^art of such bridge, erection, structure or tunnel, which is over the railway, are not of a sutiicient height from the surface of the rails to admit of an open and clear headway of at least seven feet between the top of the highest freight cars used on the railway and the bottom of such lower beams, members or portions, shall with suitable ap})roaches thereto, where necessary, be reconstructed or altered within twelve months from the passing of this Act, so as to admit of an open and clear headway of at least seven feet between the top of the highest freight cars used on the railway and the bottom of such lower beams, members or portions, and shall at all times thereafter be so maintained as to admit of such open and clear headway of at least iscven ft'et. Such bridges or other erections, structures or tunnels, shall be reconstructed or altered at the cost of the company, municipality or other owner thereof, as the case may be. The company before using higher freight cars than tl'ose used on the railway at the time of the passing to use hifxiierof this Act, or of the reconstruction or alteration, as afore- freiglitcurn. g^^ifj^ of any such bridge or other erection, structure or tunnel, as the case may be, sliall, after having first obtained the consent of the municipality or of the owner of such bridge or other erection, structure or tunnel, reconstruct or alter such bridge or other erection, structure or tunnel, and the approaches thereto, if necessary, so as to admit of an open and clear headway of not less than seven feet between the top of the highest freight cars used on the rail- Cost by whom ile- frayed. Provision wlieii coin- Amendments and References. 101 way and the bottom of such lower beams, members and portions aforesaid. Provided always that the Governor may, Proviso, by Order in Council, exempt any bridge, erection, structure or tunnel now existing from the operation of this section. Que. 15. (5; (1)) And whenever any such bridge, erection, structure Higluvay or tunnel shall hereafter be constructed over or on the liwe i,[,'^p':^f|'pp °'' of a railway, or whenever it shall become necessary to constructed reconstruct any such bridge, erection, structure or tunnel to be made already built over or on the line of a railway, or to make 9*^. a certain •^ . '' ' lieignt above large repairs to the same, the lower beams, members or the top of the portions of the superstructure of any such bridge, erection, fj.'gjgi'i't'^ gars structure or tunnel and the approaches thereto, if neces- a» Vic. cap. 246rc. 12 tolls subject . , , . . . to certain And whereas it is expedient that a Railway Con]j)any should be enabled to vary the tolls upon the railway so as to accommodate them to the circumstances of the traffic, but that such power of varying should not be used for the purpose of prejudicing or favoring particular persons or for the purpose of collusively and unfairly creating a mono- poly, either in the hands of the company or of particular persons, therefore it shall be lawful for the company, subject to the provisions and limitations herein and in their Special Act contained, from time to time to alter or vary the tolls by the Special Act authorized to be taken, either upon the whole or upon any particular portions of the railway as they shall think fit : Pr(jvided that all such tolls be, at all times and under the same circumstances, charged ec^ually Buch varia- ^0 ^ persons and after the same rate, whether per ton, per tion. Rates tojiiile, or otherwise, in respect of all passengers and of aU all parties un goods or carriages of the same description, and conveyed or der same cir- propelled by a like carriage or engine, passing only over cumstances. ^ ^ J ^ ° »>! o.' the same portion of the line of railway ; and no reduction or advance in any such tolls shall be made either directly or indirectly, in favor of or against any particular, company or person travelling upon or using the railway. A fraction of 7. In all cases, a fraction in the distance over which a nil e or f'» g^^jg or passengers are transported on the railway shall and for a fraction of a ton how estiimit- ed in cliaig-be considered as a whole mile in ;,he weight of any goods a proportion of the tolls shall be demanded and taken, according to the numbers of quar- ters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton. Table of tolls to be Btuck 8. The Directors shall, from time to time, print and stick Amendments and Eeferencea 107 up, or cause to be printed and stuck up, in the office, and up in offices in all and every of the places where the tolls are to be collected in some corispicuous place there, a printed board or paper exhibiting all the tolls payable, and particularizing the price or sum of money to be charged or taken for the carriage of any matter or thing. 9. No tolls shall be levied or taken until approved of T'olle to be ^ ., - , , afiproved of by the Governor m Council, nor until after two weekly hy the Gover- publications in the Canada Gazette of the by-law estab- ^9^ ^'^ ^"^"^ lishing such tolls, and of the Order_^ in Council approv- ing thereof. 10. Every by-law fixing and regulating tolls shall be The Gover- subject to revision by the Governor in Council, from time revise ^v-laws to time, after approval thereof ; and after an Order in filing tolls. Council, reducing the tolls fixed and regulated by any by- law, has been twice published in the Canada Gazette, the tolls mentioned in such Order in Council shall be substi- tuted for those mentioned in the by-law, so long as the Order in Council remains unrevoked. 11. As Amended hy 4:4 Vic. cap. 24 seel. The Parlia-When Par- ment of Canada may, from time to time, reduce the tolls reduce tolls upon the railway, but not without consent of the company,'^" Railways, so as to produce less than fifteen per cent, per annum profit on the capital actually expended in its construction ; nor unless, on an examination made by the Minister of Public Works of the amount received and expended by the company, the net income from all sources, for the year then last passed, is found to have exceeded fifteen per cent, upon the capital so actually expended. (2) The said word " capital," as used in the said sub-sec- Capital de- Hon, meant and means the paid-up stock and share capital of the company, with interest added for periods during which no ' ividend is paid, to the exclusion of all subsidies Exception. r— ' :iS ^" 108 Dominion Railway Act with and bonuses, and, as regards the Canadian Pacific Railway, of any debt of the conijtany contracted on the pledge Application thereof, or of any part thereof. And this interj^-etation of ' the said word shall apply to all railway companies affected by the said sub-section c" by any amendment of the said sub-section in which the said word is used, whicli is or shall be incorporated with the special act or charter of any railway (Company. Bj-law8 im 12. No by-law of any railway company by whicli any S°f'"^. 'tolls are to be imposed or altered, or by which any jtarty approved bv ot her than the members, officers and servants of the com- in Council." V'^^J are intended to be bound, shall have any force or effect until the same has been approved and sanctioned by the Governor in Coun(dl. GENERAL MEETING OF SHAREHOLDERS. Sliarehoki^rs IS. The shai'cholders may assemble together at gene- general meet- ^''•'^ meetings for purposes connected with or belonging to the logs- undertaking, and at any annual general meeting may elect directors in the manner provided by the next succeeding section. 0)d. 24, Que. 18. PRESIDENT AND DIRECTORS— THEIR ELECTION AND DUTIES. Board of Directors be elected to UK A Board of Directors of the undertiii pro- other than the transfer hereinbefore mentioned, the party to whom such share is transmitted shall deposit in the office of the company a statement in writing, signed by him, declaring the manner of such transmission, together with a duly ccrtilied copy or probate of such will, donation or testament, or sufficient extracts therefrom, and such other documtmts or proof as may be necessary ; and without such proof the party shall not be entitled to receive any share of the profits of the company, nor to vote in respect of any such share as the holder thereof. 6. The company shall not be bound to see to the execu Comiiany not tion of any trust, whether express, implied or constructive, """ ^^'^ 118 Dominion Raihvay Act with 'i to tlie execu- to which any of the shares may be subject ; and the receipt ion rusts. ^^ ^j^^ 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 shareholders shall, from time to time, be a suffi- cient discharge to the company for any dividend or other sum of money payable in respect of the share, notwith- *^^nding any trust to which the share may then be subject, fin;l V jether or not the company have had notice of the trusts ; and the company shall not be bound to see to the application of the money paid upon such receipt. (6^ Repd. by 47 Vic. cap. 1 1 , sec. 5. SHAREHOLDERS. Shareholders 23, Each shareholder shall be individually liable to the individually t, o,i ^ ^ ^ , ,^ liable, and to creditors 01 the company to an amount equal to the amount what extent. unpai(j on the stock held by him, for the debts and liabili- ties thereof, and until the whole amount of his stock has been paid up ; but shall not be liable to an action therefor before an execution against the company has been returned unsatisfied in whole or in part. Ont. 30. Qve. 23, When and 2. Municipal corporations in any Province in Canada par corpora- ^^eing duly empowered so to do by the laws of the Province, tioHB may and subject to ihe limitations and restrictions by such laws prescribed, may subscribe for any number of shares in the capital stock of 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 ojfficio one of the directors of the company in addition to the number of directors authorized by the Special Act. Otit. 31. take stock, Ac. 3. A true and perfect account of the names and places of abode of the several shareholders shall be entered in a Account of names and residence of ShareholdeiB book to be kept for that purpose to be kept. Amendments and References. 119 BY-LAWS, NOTICES, &c. 24. All by-laws, rules and orders regularly made, shall By-law? to be , . , , , , . put into writ- be put into writing and signed by the chairman or person i„j,, and presiding at the meeting at which they are adopted, and ^'p"?'^ ^y 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 tlie company, shall be affixed openly in every place where tolls are to be gathered ; and a printed copy of so much of them as relates to the safety and liability of passengers shall be openly affixed in each passenger car, — nnd in like manner so often as any change or alteration is made to the same ; and any copy of the same, or of any of them, certified as correct by the President or Secretary, shall be evidence thereof in any court. Ont. 32, Que. 24. 2. All such by-laws, rules and orders shall be submitted By-laws to be from time to time to the Governor for approval. Governor. '^ 3. Copies of the minutes of proceedings and resolutions of Copies of the shareholders of the company, at any general or special „,.^„j„ ^^,c/e meeting, and of the minutes of proceedings and resolutions ^v**^^"*^^- of the directors, at their meetings, extracted from the minute-books kept by the Secretary of the company, and by him certified to be true copies extracted from such minute- books, shall be evidence of such proceedings and resolutions in any court. ess sag 4. All notices given by the Secretary of the company, by Notices by order of the directors, shall be deemed notices by the y^^y"''^'^ directors and company. WORKING OP THE RAILWAY. 2^5. Every servant of the undertaking employed in a Servant" to . . „ , ,, vvearUiires. passenger train or at a station for passengers, sluiU wear upon his hat or cap a badge, which shall indicate his office ; 120 Dominion Bailway Act with s-5- ■Ira"^': i Trains to Htart at regular hours. and he shall not, without such badge, be entitled to demand or receive from any passenger any fare or ticket, or to exer- cise any of the powers of his office, or to interfere Aviih any passenger or his baggage or property. Ont. 33. Que. 25- 2. The trains shall be started and run at regular hours to be fixed by public notice, and shall furnish sufficient accom- modaiion for the transportation of all such passengers and goods as aie within a reasonable time previous thereto offered for transportation at the place of starting, and at the junc- tions of other railways and at usual stopping-places estab- lished for receiving and discharging way-passengers and goods from the trains. 3. Such passengers and goods shall be taken, transported and discharged at, from and io such places, on the due pay- ment of the toll, freight or fare legally authoriz^^d therefor. TheConipany 4. The party aggrieved by any neglect or refusal in the neglect or premises, shall have an action therefor against the c(mi})any ; Irth>f'^''n87i ^^^^ which action the company shall not be relieved by any nolioe, condition or declaration, if the damage a'ises from any negligence or omission of the company or of ' t.-* servants 5. Checks shall be affixed by an agent or servant to every parcel of baggage having a handle, loop or fixture of any kind thereupon, and a duplicate of such check shall be given to the passenger delivering the same. 6. If such check be refused on demand, the company shall pay to such p.is.senger the sum of eight dollars, to bo recovered in a civil action ; and, further, no fare or toll shall be collected or received fi'om such passenger, and if he has paid his fare the same shall be refunded by the conductor in charge of the train, 7. Any passenger producing such check may himself be witiicH8in hisa witness in any suit brought by i i>n against the company own behalf. , -^ , , n, • , i ,• , to prove the contents ana value oi his baggage not delivered to him. Carriage on payment of tare or freight. CheclcH to be fixed on parcels. Penalty for refusing to give checks. Paseenger a ■*i-:i Amendments and References. 121 8. The baggage, freight, merchandise or lumber cars shall BafrErase cars not be placed in rear of the passenger cars, and if any such I'eaVof pas" be so placed, the officer or agent directing or knowingly senger cars, suffering such arrangement, and the conductor of the train, shall severally be guilty of a misdemeanor, and be punished accordingly. 9. Every locomotive engine shall be furnished wit h a bell Locomotivea - , , , . ^ 1 • 1 1-1 , 1 • .1 to have bells of at least thirty pounds weight, and with a steam whistle, and whiatles. 10. The bell shall be rung, or the whistle sounded, at the To be rung T f. . 1 a • 1 1 r 1 1 11 or sounded distance of at least eighty rods iiom every place where the at every railway crosses any highway, and be kept linging or be °'"'^®^'"S> Re- sounded at short intervals, until the engine has crossed such highway, under a penalty of eight dollars for every neglect thereof, to be paid by the -company, who shall also be liable for all damages sustained by any person by reason of such neglect ; and one-half of such penalty and damages shall be Penalty and chargeable to and collected by the company from the engineer '^'^'"*o<^^» having charge of such engine and neglecting to sound the whistle or ring the bell as aforesaid. 11. Any person in charge of a lo'^omotive engine or acti ng Inioxication as the conductor of a car or train of cars, who is intoxicated, eonductor a shall be guilty of a misdemeanor. misdemeanor 12. Any passenger refusing to pay his fare may, by the Passenger conductor of the train and the servants of the company, be p^y fare may put out of the train, with his baggage, at any usual stopping- "^"^ P"*' o"** place, or near any dwelling-house, as the conductor elects, the conductor first stopping the train and using no unne- cessary force. 13. Any person injured while on the platform of a car, Passenger to or on any baggage, wood or freight car, in violaaon of the 'I'Vnjured *"" printed regulations posted up at the time in a conspicuqus wlim on plat* place inside of the passenger cars then in the train, shall ^o. * * TSZ » MM ■ «•: c y> Sao •< 122 Dominion Railway Act with. plainly marked, have no claim for the injury, provided room inside of such passenger cars, sufficient for the proper accommodation ot the passengers, was furnished at the time. As to goods 14. No passenger shall be entitled to carry, or require nature'^'^^"* the company to carry upon their railway, aquafortis, oil of vitriol, gunpowder, nitro-glycerine, or any other goods which, in the judgment of the company, may be of a dangerous They muet be nature ; and if any person sends by the said railwiiy any such goods without, at the time of so seuding the said goods, distinctly marking their nature on the outside of the pack- age containing the same, and otherwise giving notice in writing to the station-master or other servant of the com- pany with whom the same are left, he shall forfeit to the company the sum of five hundred dollars for every such offence. o*d^"?"^be ^^' '^^^ company may refuse to take any package or refused. parcel which they suspect to contain goods of a dangerous nature, or may require the same to be opened to ascertain the fact ; and it shall not be lawful for the company to In Whatman- carry any such goods of a dangerous nature except in cars eood "niuPtbe specially designated for that purpose, on each side of each carried. 1868 of which shall be plainly painted in large letters the words " dangerous explosives ;" and for every default of the observance of this provision the company shall be liable to forfeit and pay the sum of five hundred dollars, to be recovered by any person suing for the same. TRAINS OVERDUE. Duty of 26. It shall be the duty of every railway company, Ration agent, ^-^q^ whose road there is a telegraph line in operation, to train is over- have a blackboard put upon the outside of a station-house, "^' ove? the platform of the station, in some conspicuous place at each station of such company at which there is a tele- graph office ; and when any passenger train is overdue for ilM ^^^ AmendTnents and References. 123 of such ation ot half an hour at any such station, according to the time- table of such company, it shall be the duty of the station-master or person in charge at such station to write or cause to be written with white chalk on such blackboard a notice in English and French in the Province of Quebec, and in English in the other Provinces, stating to the best Notice to be of his knowledge and belief the time when such overdue and what to train may be expected to reach such station ; and if when show, that time has come, the train has not reached the station, it shall be the duty of the station-master or person in charge of the station to write or cause to be written on the blackboard in like manner a fresh notice, stating, to the best of his knowledge and belief, the time when such over- due train may then be expected to reach such station. And Penalty for every such railway company, station-master or person in tkm.'^*^^°' charge at any such station, shall be liable to a penalty not exceeding five dollars for any wilful neglect, omission or refusal to obey the provisions aforesaid ; and any proceed- ing for the recovery of any such penalty may be brought, S"^*^ ^^^ in the Province of Quebec, before any two Justices of the brought. 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. Que. 26. The penalty recoverable under the provisions of this Application section shall belong to the Crown ; and every proceeding ^nJ ihnita- brought by virtue of this section siiall be commenced*"^" °^ ^ '' . . . actions. within one month following the commission of the offence, and not after ; but nothing in this section shall prejudice Proviso. the right of any person to the recovery of damages from any such railway company by reason of the detention of trains as aforesaid ; and every such railway company is to 'be posted hereby required to have a printed copy of this section "P at statione ■ arr r ^r% '•< r ■— SIS r •-«" 139 ^" 124 Dominion Railivay Act ivith Limitation of actions fur damages. Finep, how recovered. posted up in a conspictious place at each of its stations at which there is a telegraph office. ACTIONS FOR INDEMNITY; AND FINES AND PENALTIES AND THEIR PROSECU I ION. ST. All suits for indemnity for any damage or injury sustained by reason of the railway shall be instituted witliin six months next after the time of such supposed damage sustained, or, if there be continuation^ of damage, then within six months next after the doing omraitting such damage ceases, and not afterwards ; a... e defend- ants may plead the general issue, and give this Act and the Special Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pursuance of and by the authority of this Act and the Special Act. Ont 34, Que. 27. 2. As amendment hy 47 Vic cap. 11, sec. 2. All fines and forfeitures imposed by Part First of this Act, or the Special Act, or by any by-law, except tlio?o for the levying and recovering of which special provision is herein made, shall be recovered in a summary manner before any one or more Justice or Justices of the Peace for the district, county or place where the act occurred ; or by civil action before any court having jurisdiction to the amount claimed. How appli cable. 3. As repealed and substituted hy 47 Vic. cap. 11, sec. 2, suh-sec. 2. All the fines, forfeitures and penalties recovered under the next preceding paragraph, the applica- tion whereof is not hereinbefore paiticularly directed, shall be paid and belong to the party suing for the same. 4. Any contravention of this Act or of the Special Act by the company or by any other party, for which no punish- be a misdc- ment or penalty is hei'eiu provided, shall be a misdemeanor, and shall be punishable accordingly ; bub such punishment Contravon- tiou of lliifl Act, Ac, lo Amendments and References, 125 shall not exempt the company, if Ihey be the offending party, from the forfeiture by this Act and the Special Act, of the privilges conferred on them by the said Acts, if by the provisions thereof or by law , the same be forfeited by such contravention. GENERAL PROVISIONS. 28. Her ]\raje3ty's Mail, Her Maiesty's Naval or Mili- Provifiion 'is tary Forces or jNIilitia, and all arfillery, ammunition, pro-^iaj^e of Her visions or other stores for their use, and all policemen ^I'M?"'^^'^ constables or others travelling on Her Majesty s service, shall, at all times, when required by the Postmaster Gene- ral of Canada, the Commander of the Forces, or any person having the superintendence and command of any Police force and with the whole resources of the company if re- quired, be carried on the railway, on such terms and con- ditions, and under such regulations as the Governor in Council may make. Ont 36, Que. 28. 2. The company shall, when required so to do by the Government Governor in Council, or an" person authorized by him, '? -^^^ '^^' , ^ ^ c J ' elusive use of place any electric telegraph, and the apparatus and opera- telegraph, if tors they may have, at the exclusive use of the Govern- '^ ment, receiving thereafter reasonable compensation for such service. est m (Mb c y> r "— *■ — 3. The Governor may, at any time, cause a line or lines Telegraph of electric te'^trraph to be constructed along the line of the constructed railway, for the use of the Government, and for that pur- '^y Governor, pose may enter upon and occupy so much of the lands of the company as may be necessary for the purpose. 4. Any further enactments which the Parliament of Further Canada may hereafter make, for the carriage of the Mail „iay be made or Her ]\Iajesty's Forces, and other persons and articles as ''^ Parlia- aforesaid, or the tolls therefor, or in any way respecting the 126 Dominion Railway Act with 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. Tenders to be 5. No contracts for works of construction or mainten- for^^L'^to ^^^^ °^ ^^® railway, except works of ordinary repair, or works not of of immediate necessity, shall be entered into until after necessity. tenders for such works respectively have been invited by public notice therefor, given for at least four weeks in some newspaper published in the place nearest to that at which the work is required to bo done, but the company shall not be compelled to accept any such tender. Period for 6. If the construction of the railway be not commenced, of Capital, a^d ten per cent, on the amount of the capital be not ex- and coniple- pended thereon, within three years after the passing of the Railway. Special Act, or if the railway is not finished and put in operation in ten years from the passing of such Special Act, the corporate existence and powers of the company shall cease. ,1 i ! ! ' i 1 1 '1 i^ Account to be submitted to Legislature yearly, 7. After the opening of the railway or any part thereof to the public and within the first fifteen days after the opening of each Session of Parliament, an account shall be annually submitted to the three branches containing a detailed ; nd particular 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 trans- ported by them, with an attested copy of the last annual statement. Form or 8. No further provisions which Parliament may here- ??n')l'rn?^,«n„ after make with regard to the form or details of such account, Vte varied by or the mode of attesting or rendering the same, shall be Parliaiueut Amendmenta and References. 127 igement deemed an infringement of the privileges hereby granted to the company. 9. Parliament may at any time annul or dissolve any Parliament corporation formed under this Act ; but such dissolution any Corpora shall not take away or impair any remedy given against *''°'J ^^Tu'*^ any such corporations, its shareholders, officers, or ser-Act. vants, for any liability which had been previously in- curred. 10. Nothing herein contained shall affect in any manner Saving of the rights of Her Majesty, or of any person, or of any Ri^gjitg^'^ect, body politic, corporate or collegiate, — such only excepted as are herein mentioned. RAILWAY STATISTICS. 29. In this and the five next following sections the Word "Com- terni " Company" means a company incorporated either be- ^ "nean TsTS fore or after the passing of this Act, for the purpose of constructing, maintaining or working a railway in the Dominion, or in any Province thereof, or connecting any Province with any other or others of the Provinces, or extemling beyond the limits of any Province, by any Act of the Parliament of Canada, or of the late Provinces of Canada, or of the Legislatures of the late Provinces of Upi)er Canada, Lower Canada, Nova Scotia, New Brunswick, British Columbia, or Prince Edward Island, or of the Legislatures of any of the Provinces composing the Do- minion of Canada (either alone or in conjunction with any other purpose), and includes any individual or individuals not incorporated, who are owners or lessees of a railway in the Dominion, or parties to an agreement for working a railway in the Dominion. Que. 29. • vr. r — sag '-v» The term " person " includes a body corporate. Person 1876, 't 1 ii' 128 Dominion Railway Act with I. If I! form and with what detaik. 1876. 4H Vic. cap. 24, sec. 7. Whereas it is desirable to col- lect railway statistics, therefore sections twenty-uine to thirty-four, both inclusiv'e, and fifty-five to fifty-eight, both inclusive, of the said "Consolidated Eailway Act 1879" shall apply to all railway companies operal iug lines of rail- way in Canada, whether otherwise within the legislative authority of the Parliament of Canada or not. Companies to HO. As amended by 44: Vie. cap. 24, sec. 2. Every furnishyearly *; ^ o , • ■ , retumn to company shall annually prepare returns of their cai)ital amT^D^what ' ^^ accordance with the form contained in Schedule One to this Act, and a copy of such returns, signed by the President or other head officer of the company resident in Canada, and by the officer of the company responsible for the correctness of such return or any part thereof> shall be forwarded by the company to the Minister of Public Works not later than three months after the first day of July in each year ; together with a copy of the then last annual return of the traffic and working expenditure which every such company is required to keep, in accor- dance with the provisions of their respective Acts of incorporation, to be verified in manner and form aforesaid, and furnished in such form as the Minister of Public Works (Minister of Railways and Canals,by 42 Vic. cap. 7, sec. 5) shall, approve of or prescribe. Any company which fails to forward the said returns in accordance with the provisions of this section, shall be liable to a penalty not exceeding ten dollars for every day during which such default con- tinues. Que. 30. " Working expenditure' defiued. 46 Vic. cap. 24, sec. 3. For the avoidance of doubts the words " working expenditure " in the thirtieth section of the said " The Consolidated Railway Act 1879 " are hereby declared to mean and include all expenses of main teuance of the railway, and of the stations, buildings, works and convenience . belonging thereto, and of the il Amendments and References. 129 rolling and other stock and movable plant used in the working thereof, and also all such tolls, rents or annual sums aS may be ijaid in respect of property leased to or held by the company, apart from the rent of any leased line, or in respect of the hire of engines, carriages or wagons let to the company; also all rent charges or interest on the purchase money of lands belonging to the company, [uirchased but not ]>aid for, or not fully paid for ; and a'so all expenses of or inciilental to working the railway, and the tratlic thereon, including stores and consumable articles ; also rates, taxes, insurance and compensation for accidents or losses ; also all salaries and wages of persons employed in and about the working of the railway and traffic ; and all office and management expenses, including directors' fees, agency, legal and other like expenses ; and generally, all such charges, if any, not above otherwise specified, as in all cases General pro- of English railway companies, are usually carried to the debit of revenue, as distinguished from capital account. -< cat ■• MM vision. «to be opened till after one month's notice to Railway Committee of intention to open the same. J17. No railway or portion of any railway shall be opened for the public conv(!yance of passengers until one month after notice in writing of the intention to open the same has been given by the company to whom the railway belongs, to the Railway Committee, and until ten days after notice in writing has been given by the company to the Railway Committee, of the time when the railway or por- tion of railway will be, in the ojiinion of the company, sutiiciently completed for the safe conveyance of passengers, and ready for inspection. Que. 36. liHm If any railway or portion of a railway be opened without such notices, the compniiy to whom such railway belongs shall forfeit to Her Majesty the sum of two hun- dred dollars for every day during which the same continues open, until the notices have been duly given and have expired. Que. 37. Railway jjO. The Railway Committee, upon receiving such noti- Committee ^ . , „ ,. J. , . , i iun)n report ncation, shall direct one or more of the engineers attaclied of an engi- ^^ ^j^^ Department of Public Works to examine the railway Penalty for cotitraveu- tiun. Amendments and References. 133 to be ■ " An out of rders " to the proposed to be opened, and all bridges, culverts, tunnels, neer and road crossings, and other works .iud appliances connected ^^''^^^'O" of *= ' ^ i trovernor in therewith, and also all engines and other rolling-stock Council ma intended to be used thereon ; and if the inspecting engineer opp^-^jg^Qf or engineers report in writing to the Railway Commitee ■■"'"'*^- 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 insufficieiicy of the establishment 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 report, may order and direct the company to whom the railway 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. Que. 38. 40. If any railway, or any portion thereof, be opened Penalty for contrary to such order or direction of the Railway Com- tmry"to the°" mittee, the company to whom the railway belongs shall oi^'^er of the „ . . tr nr • 1 p , 1 1 1 1 11 n Committee, forfeit to Her Majesty the sum ot two hundred dollars tor every day during which the same continues open contrary to such order or direction. Que. 39. 41. No such order shall be binding upon any railway company unless therewith is delivered to the company a copy of the report of the inspecting engineer or engineers on which the order is founded. Que. 40. 42. The Railway Committee, whenever they receive information to the effect that any bridge, culvert, viaduct, tuun(jl, or any other portion of any railway, or any engine, car, or carriage used or for use on any railway, is dangerous to the public using the same, from want of repair, iusulli Wlien only puch order to be bindiii^ioii IheCompany. Committee miiy cauHe any work to be inspected, and may, on report ot the engineer, •» < «:-> s^o ^-s: c s: SilS ■■ VM ■ cr i^ ssai ey> » •««* ■ -4 •■< r »M» BM' m m 1^. f -• •■ MW 139 lx» P HM s» • -< 134 Dominion Eailway Act with condemn railway or rolling stock with sanction of Governor in Council and may or- der certain alterations in the works, i&C. cient or erroneous construction, or from any other cause, or whenever circumstances may arise which, in their opinion, render it expedientf may direct any engineer or engineers as aforesaid to examine and inspect 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 portion thereof, or any of the rolling-stock or other appliances used thereon, and with the approval of the Governor in Council, may require any change or alteration therein or in any part there- of, 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 in writing, signed by the chai^'man of the Committee and countersigned by the secretary thereof, proceed to make good or remedy the defects in the said portions of the railwr.y, or in the locomotive, car or carriage which have been so condemned, or shall make such change, alteration or substitution hereinbefore referred to, as has been required in manner aforesaid by the Committee. Que. 41. running of trains, ike. Inspecting 4Si« If, in the opinion of any such engineer, it is dan- mav, in casegsrous for trains or vehicles to pass over ary railway, or of danger, ^j^y portions thereof, until alterations, substitutions or forbid the . , , , , , . , repau's have been made thereon, or that any particular car, carriage or locomotive should be run or used, the said engineer may forthwith forbid the running of any train or vehicle over such railway or portion of railway, or the running or using of any such car, carriage or locomotive, by delivering or causing to be delivered to the President, Managing Director, or Secretary or Superintendent of the company owning, running or using such railway, or to any ofEcer having the management or control of the running of Amendments and References. 135 cause. I trains on such railway, a notice in writing to that effect, with his reasons therefor, in which he shall distinctly point out the defects or the nature of the danger to be appre- hended. Que. 42. 44. The inspecting engineer shall forthwith report the Mu^t report same to the Eailway Committee, who, with the sanction ,„ittee, who of the Governor in Council, mav either confirm, modify or ^^^^ confirm ■ • 1, 1 1 \> , " . . • , or disallow disallow the act or order of the inspecting engineer, and his order. such confirmation, modification or disallowance shall be duly notified to the railway company affected thereby. Que. 43. 45. Any engineer or engineers so appointed as afore- Power of said to inspect any railway or works, may at all reasonable examine the times, upon producing his or their authority, if required^ works, «fec. enter upon and examine the said railway and the stations, fences or gates, road crossings, cattle -guards, works and buildings, and the engines, cars and carriages belonging thereto. Que. 44. * 46. Every railway company and the officers and Company J. , ,. , 11 «. , , . ■ . to afford all directors thereof shall afford to the inspecting engineer or necessary engineers such information as may be within their know- '"'urmation '^ "^ , . to engineer, ledge 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. Que. 45. 2. Any such inspecting engineer shall have the right. Engineer to whilst engaged in the business of such inspection, to travel ^1 Couipany. 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. r IT* r «M r — . I II 136 Dominion Railway Act with I 1 Telejrraph 3. The operators or officers employed in the telegraph of^ey^'his or^ offices of or under the control of the company, shall, with- ders. out unnecessary delay, obey all orders of any such in- specting engineer for transmitting messages ; and any such operator or officer refusing or neglecting so to do shall forfeit for every such offence the sum of forty dollars. y 41-M Prwf of his 4. The authority of any such inspecting engineer shall be sufficiently evidenced by instructions in writing, signed by the Chairman of the Eailway Committee, and counter- signed by the Secretary thereof. Governor ^ 47. The Governor in Council, upon the report of the permanent Ra^ilway Committee, may authorize or require any railway bridges to be company to construct fixed and permanent bridges, or to for movable substitute such bridges in the place of the swing, draw or bridges. Penalty for neglect. \ movable 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, diaw or movable 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 movable bridge in the place or stead of any fixed or permanent bridge already built and constructed without the previous consent of the Eailway Committee. Que. 46. ertain pow- 48. As repeated and substituted by 47 Vic. cap. 11» RailmiV *" ^^^' ^- ^"^ ^"y ^^'^® where any portion of afajlway is con- structed or authorized or proposed to be constructed upon or along or across any street or other public highway on the level or otherwise, the railway company, before construct- ing or using the same, or in the case of niilways already constructed, within such time as the Railway Committee shall direct, shall submit a plan and profile of such portion of railway for the approval of the Railway Committee ; and Committee witli respect to crossing public liigli- ways, on a level. mmddt Amendments and References. 137 3graph with- \ch in- such lo shall Is. Company to protect such crossings in piicli way as the Commit- tee directs. As to land required for puch purpose. the Railway Committee, if it appears to them expedient or necessary for the public safety, may from time to time, with the sanction of the Governor in Council, authorize or require the Company to whom such railway belongs, with- in such time as the said Committee directs, to protect such street or highway by a watchman or by a watchman and gates or other protection, or to carry such street or highway either over or under the said railway by means of a bridge or arch, instead of crossing the same on the level, or to divert such street or highway either temporarily or permanently, or to execute such other works and take such other measures as under the circumstances of the case appear to the said Committee the best adapted for removing or diminishing the danger arising from the then position of the railway ; and all the provisions of law at any such time applicable to the takingof land by railway companies, and its valuation and conveyance to them, and to the com- pensation therefor, shall apply to the case of any land required for the proper carrying out of the requirements of the Railway Committee ; and the said Committee may give such directions and make such stipulations, conditions or orders respecting such works and the execution thereof, and the apportionment of the costs thereof, and of any such measures of protection, between the said railway Company and any other corporation or person interested therein, as shall appear to them just and reasonable. Que. 47. 2. Every railway Company shall be liable to a penalty Penalty on i>f fifty dollars, to be recovered by information with costs complvmg" of suit, in the Exchequer Court of Canada, by the Attorney- therewith. General, on behalf of Her Majesty, — or any municipal corporation interested in the matter in which such Railway Company has made default, may sue therefor in any court of competent jurisdiction, — one half the penalty to belong to the Crown ; and the other half to the corporation suing for the same, — Committee may frive directions as to necessary works. 2 < »^ o s a* r •-• m mm m l^gi f aaMH c » i xai 138 Dortiinion Railway Act with For eacli day (a.) For each and every day after the expiration of the of non-coMi- pliance as "to ^^^^ fixed by the Railway Committee for the execution of any such works during which such works remain un- completed ; works ordered ; Or other measures to be taken. (I ft ¥^W i$\\i (h.) For each and every day after the date fixed by the Railway Committee for the taking of any measure for the protection of any such street or highway, or for removing or diminishing such danger as aforesaid, on which the com- pany fails to take such measure. 3. The Company, either for the purpose of constructing or repairing their railway, or for the purpose of carrying out the requirements of, or in the exercise of the powers so conferred upon them by the Railway Committee, may enter upon any land, not being more than two hundred yards distant from the centre of the located line of the rail- way, and not being a garden or orchard attached to a housBi nor a park, planted walk, avenue, or ground ornamentally planted, and occupy the said lands as long as may be necessary, for the purposes aforesaid ; and all the , f^^isions of law at any time applicable to th' ^fi^ ug of lands by railway companies, and its valuatio the compel ition therefor, shall apply to the case Oi ly land so required • Provided that before entering upon any land for the purposes aforesaid, the Company shall, in case the consent of the owner is not obtained, pay into the office of one of the superior courts for the Province in which the lands are situated, with interest thereon for six months, such sum as shall, after two clear days' notice to the owners of the land, or to the parties empowered to convey the same, or interested therein, be fixed by a judge of any one of such superior courts. By 46 Vic cap. 24, sccA this sea- Hon applies to all railways (except Oovernment railways) subject to legislative authority of Parliament of Canada. D 1 % "^ Amendmenta and References. 139 P 49. As repealed and substituted hi 46 Vic. cap. 24, Railway ^ ^ X- J Company sec. 4. Whenever that portion of any railway which crosses may be r©- or is constructed upon or along any turnpike road, •'Street or ^^^^^^^ f^J^j other public highway on the level is out of repair, the crossing out chief officer of the municipality, or other local division, having jurisdiction over such highway, may serve a notice upon the company in the usual manner, requiring the repair to be forthwith made, and if the company do 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 Committee, with all possible despatch, to appoint a day for an examination into the matter ; and the Committee shall, by mail, give notice to such chief officer, and to the com- pany, of the day so fixed ; and upon the day so named the said portion of the railway shall be examined by an Inspecting engineer appointed by the Eailway Committee ; and any cerUficate^o certificate under his hand shall be final on the subject so be concluBiTe ^n dispute 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 requirement of such certificate ; and in case of default the proper authority in the municipality or other local division, within whose jurisdiction the said portion of the railway is situate, may make such repairs, and may recover all costs, expenses and outlays in the premises, by action against the company in any court of competent jurisdiction, as money paid to the company's use ; Provided always, that neither this section nor any proceeding had thereunder shall at all affect any Proviso liability otherwise attaching to such company in the pre- mises. Que. 48 By 46 Vic. cap. 24 sec. 1 this section applies to all railways {except Government railways^ subject to legislative authority of Parliament of Canada. e 23 r T-* 140 Dominion Railway Act with 'I • ' 'I i When the Corniriittee may regulate speed of trains, times of running, <&c. Penalty for non-compli- ance. 50. TFie Railway Committee, or the inspecting engineer or engineers, may limit the number of tii les or rate of speed of running of trains 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 tinjes as they or he think prudent ; and the company owning, running or using such railway shall comi)ly forth- with with any such order of the Railway Committee or inspecting e-igineer, upon notice thereof, as aforesaid ; and for every act of non-compliance therewith every such rail- way company shall forfeit to Her Majesty the sum of two thousand dollars. Que, 49. Notice of ac- 51, Every railway comnanv shall, as soon as iiossible, cidents to be .,..,./ • , , r , given to the 0^ ^^ least Within forty-eight Iiuurs after the occurrence Committee, ^pon the railway belonging to such company of any acci- dent attended with serious personal injury to any person using the same, or whereby any bridge, culvert, viaduct or tunnel on or of tlie railway, has been broken or so damaged as to be impassable or unfit for immediate use, give notice thereof to the Railway Committee ; and if any com})any wilfully omits to give such notice such company shall for- feit to Her Majesty the sum of two hundred doUnrs for every day during which the omission to give the same continues. Que. 50. notlo^reUeve ^^' ^° inspection had under this Act, nor anything in Conipanj; this Act contained or done or ordered or omitted to be done or ordered under or by virtue of the provisions of tliis Act, shall relieve or be construed to relieve any railway com- pany of or from any liability or responsibility resting upon it by law, either towards Her Majesty or towards any jjcrson, or the wife or husband, parent or child, executor or administrator, tutor or curator, heir or other personal repre- sentative, or any person for any thing done or omitted to be done by such company, or for any wrongful act, mglect Amendments and References. 141 fngmeer I'ate of ivviiy or las they ;il such )ra|)any forth- [ittoe or d ; and Ich rail- of two 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 lawa in force in the Province in which such liability or responsibility arises. Qne. 51. 58. Every railway company, shall, as soon as possible Company to after the receipt of any order or notice of the Kailway Com-of Cominittee raittee or inspecting engineer, give cognizance thereof to *^' '*'' officers, each of its officers and servants, iu one or more of the ways mentioned in the sixty-fourth section of this Act. Que. 62. 54. All orders of the Railway Committee shall be con- What to be sidered as made known to the railway company by a notice cjt'nt notice ' thereof signed by the Chairman and countersigned by the thereof. Secretary of the Committee, and delivered to the President, Vice-President, Managing Director, Secretary or Superin- tendent of the company, or at the office of the company ; and orders of the inspecting engineer or engineers shall be deemed to be made known to the railway company, by a notice thereof, signed by the engineer or engineers, and delivered as above mentioned. Que. 53. 55. Every railway company shall, within one month R<'tnrtiH of ac- after the first days of January and July, in each and every ,„n,iy pj.,„i. year, make to the Kailway Committee, under the oath of'"'""*^'y'"'"<* 1 T^ • 1 a o • 1 o 1 what to COQ- tne 1 reaideut, becretary or Supermtendent of the company tain. a true and particular return of all accidents and casualties (wlielher to life or property) which have occurred on the railway of the company during the half year next preceding each of the said periods, respectively, setting forth: Que. 64. 1. The causes and natures ofsuch accidents and casualties. 2. The points at which they occurred and whether by night or by day. ha nMt * "851 * vr. I *^ •" ••»«»■ " "HI r ««— I aean s tat s aeai 142 Dominion Railway Act with III 3. The full extent thereof, and all the parti^julars of the same j and — Copy of By- ^ Shall also at the same time return a true copy of the existing by-laws of the company, and of their rules and regulations for the management of the company and of their railway. 56. The Railway Committee may order and direct, from 54 Form of re- turn to be appointed by time to time, the form in which such returns shall be made tne Railway , j i i- ^ -i . i Committee. ^P> ^"" ^^Y order and direct any railway company to make up and deliver to them from time to time, in addition to the said periodical returns, returns of serious accidents occurring in the course of the public traffic upon the rail- way belonging to such company, whether attended with personal injury or not, in such form and manner as the Committee deem necessary and require for their information, with a view to the public safety. Que. 55. Appointment 47 yiq^ Q^p. 11, sec. 6. The Governor in Council, on of commiH- 1 • /. 1 -i eioners to in- the recommendation of the railway committee, may appoint rai'lwav^acci-^^^^ person or persons as he may think fit to be a com- dente. missioner or commissioners for inquiring into the causes of and the circumstances connected with any accident or casualty to life or property occurring on any railway, and into all particulars relating thereto ; and such commissioner or commissioners shall have power to send for persons, , papers and records, and by summons under his or their hand or hands, to require the appearance of any person before him or them, and the production of any book, paper or thing which he or they may consider important for such purpose; and any such commissioner may aduiinister^ oaths or affirmations or declarations, to any persons appear- ing before him or them, and every such person so appearing shall answer all such questions and inquiries relating to the premises as shall be put to him : and such commissioner Powers of suchcominis- siou. tfte i^M Amendments and References. 143 of the or commissioners shall have the same power to enforce the A^s to evi- attendance of witnesses,and to compel them to give evidence/od, and and produce the books, papers, or things they are required ''"f'^rcing at- by such summons to bring with them, as is vested in any witnesses, &c "^ court of law in civil cases; and any wilfully false state- ment made by such witness shall be a misdemeanor punishable in the same manner as wilful and corrupt ^ perjury ; but no person so summoned shall be compelled to answer any questions, by truly answering which he might be liable to a criminal prosecution. 2. The said commissioner or commissioners shall receive Romunera- such remuneration for their services as the Governor in^'^" 9* ^^'"' inissioDers. Council may determine, and the persons summoned to attend before him or them shall receive the same rate of allowances for so doing as if summoned to attend before a court of civil jurisdiction in the Province where they were required to appear — the said remuneration and allow- ance being payable out of any moneys to be provided by Parliament for unforeseen expenses. !9 o 9 ■(:; 3. The conmiissioner or commissioners shall report fully Report to in writing to the Governor in Council his or their doings Jl^^^j^j"'" *° and opinions on the matters respecting which he or they are appointed to inquire. t ""I 57. If such returns so verified be not delivered within Penalty tor the respective times herein prescribed, or within fourteen days after the same have been so required bj' the Committee, every coni})any making default shall forfeit to Her Majesty the sum of one hundred dollars for every day during which the com])any neglects to deliver the same. Que, 56. SiH, All such returns shall be privileged communications Snch returns and shall not bo evidence in any court whatsoever, j^^ oommu Que. 57. iiications. U4 Dominion Railway Ad with 59. With respect to all railways coming within the ■4 I Railwa}' have, with jurisdiction of the Parliament of Canada, to which the respect to certain Rail- ways, the powers of the former Rail- way Coiuiu is- BJoners. provisions of the Eailway Act, chapter sixty-six of the Consolidated Statutes of Canada apply, the Railway Com- mittee constituted by this Act shall be invested with all the rights and powers vested in the Board of Kailway com- missioners under the said Act, collectively, 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 and as effectually as they might have been exercised by the said Board of Eailway Commissioners ; but any inspection that might be rc(iuired in respect of any such railway, shall be performed in con- formity with the provisions of this Act. Que. 58. By 46 Vie. cap. 24, sec. 1 this section applies to all railways (except Government railways') subject to legislative autho- rity of Parliament of Canada. And may 2. All proceedings heretofore commenced by the said ceedingscom-^of*'^'^^ of IJailway Commissioners may be taken up and nicncoil by continued : and all orders and regulations of the said Jioard, R. Coiiimis- , „ , . 1 i. ■ • Fioiiers. and all penalties and forfeitures, for their contravention, may be enforced and recovered by the Eailway Committee in the same manner and with the same elfect as they might have been by the said Board before the passing of this Act. One Com- pany may agree with another re- npecting traffic. TRAFFIC ARRANGEMENTS. 60« As amended by 46 Vic. cap. 24, sec. 11. The directors of any railway company may, at any time, make agreements or arrangements with any other company, either in Canada or elswhere, for the regulation and interchange of trathc passing to and from their railways, and for the working of the traffic over the said railways respectively, or for either of those objects separately, and for the division and apportionment of Amendments and References. 145 tolls, rates and charges in respect of such traffic, and generally in relation to the management and working of the railwjiys, or any of them, or any part thereof, and of any railway or railways in connection therewith, for any term not exceeding twenty-one years, and to provide, either by proxy or otherwise, for the ajtpointnient of a Joint (Committee or Committees for the better carrying into elfect any such agreement or arrangement, with such powers and functions as niiiy be considered necessary or expedient, subject to the consent of two-thirds of the stockholders voting in person or l)y proxy, and also to the ai)proval of tlie Governor in Council. (n) Provided, that before such approval shall be given, Notice of ap- noticeofthe application therefor shall be ].ublished ni the [j '."J.^^.'^^^^^^^ Canada Gazette for at least tv>-o months prior to the time Council for therein named for the making of such application, and sucir,,!afH(, ^y. notice shall state a time and ])la('e when the ap})lication '■'"e'''"^"'^- shall be made, and that all ]iarties interested may then and tlu're a])j)ear and be heard on such ap[)lication. Out. 9 Que. 59. (b) As repealed and sabstltufed by 47 Vic. cap. 11 , sec. 4. Comnany not No railway company shall hereafter, either directly or indi- j[| thoii mvV rectlv, enipliiv anv of its funds in the purchase of its own <^'' any oiliir ," .",... „ , , , , cornpunit'H. stock, or in the acquisition ot any sliares, bonds or otlier securitits issued by iiuother railway company in Canada: Provided always, that nothing in this Act contained shall atfect the powers or rights which any railway company in Canada now has or possesses, to ac(|uire, have or hold the shares, l)onds or other securities of any railway comi)any ill the United States of America: Provided always, that nothing lunvin mentioned is to interfere with the right conferred on the Northern Kail way Company of Canada, or tiie Hamilton and North- Western Railway Company, to uc(iuire stock in the Ontario and Pacilic Junction Kaiiway r v% C 39 • -< if 146 Dominion Railway Act with Company, by the Acts of this present Session relating to the said first named Companies respectively. Contravention fQ\ That every Director of a railway company who ofprmding , ^ ^ , i^ . . » f i . u provisions, knowingly permits any of such com]mnys lands to be applied in contravention of the provisions of the next pro- ceeding sub-section, shall be liable to a })enalty of one thousand dollars for each contravention, which penalty may be sued for and recovered on information filed in the name of the Minister of Justice of Canada, and one-half of the said penalty, when recovered, shall belong to the Crown, Acquisition of ^r,(i one-half thereof to the informer; and the acfiuisitioii each sharo -,11111 • 1 • to be separate of each share, bond or other security, or interest therein, offence. ^^ aforesaid, shall be deemed a separate contravention of the provisions aforesaid. Railway com- 2. ^.s rcj)cihd and mhdituted by 40 Vic. cap. 24, panics to ^ , ,-, .1 11, ... afford reason 8ec. 13. hvery railway company shall, according to its f() Vrwiinu'^P"^^®^' "-^^'^^"^^ '^^^ reasonable facilities for the receiving in>; tratHcandand forwarding and delivery of trallic upon ami from return of car- ,, 1 -i 1 1 • i. 111 riaL'es, with- ^"^ several railways belonging to or worked by out preference guch companies, roHpeiitively, and for the return of or favor. . carriag(is, trucks and other vehicles ; and no such company shall make or give any undue or iinrea,s(jnable preference or advantage to or in favor of any particular person or comjiany or any ])articular description of traflic in any respiict whiitsfiever, nor shall any such company subject any particular person or company, or any particular description of traflic, to any undue or uincasonable preju- ARtocom- dice or disadvantiige in any respect whatsoever; and any panies whosf ., , . , . ., , . raihvaysforni^"'^'^^''^y company having or working railways, which part of aeon- form iiart of a continuous line or railway, or which tiauouH line. ... ,, ., , . 1 , , . . intersect any other railway, or which have the terminal station or wharf of the one near the terminal station or wharf of the other.shall afford all duo and reasonable facili- ties for receiving and forwarding all the trallic arriving by m Amendments and References. 147 one of such railways by the otlier, without any unreason- nable delay, and without any such preference or advantage or prejudice or disadvantage as aforesaid, and so that no obstructicjn may be offered to the public desirous of using such railways as a continuous line of communication, and so that all reasonable accommodation may, l)y means of the railways of the several companies, Ijc at all times afforded to the public in that behalf; and any agreement made Agrcojiicntfl between any two or more railway companies contrary to non' of tiiis'"' the foregoing provisions shall be unlawful, null and void, "action lo be ° void, 3. Any railway comi)any granting any facilities to any Mn.-t jrrant incorporated express company shall grant equal fii-cihtiesonj'-jl"' jj^'^'^^']", equal terms and conditions to any other incorporated I'xp';*'"^' cum express company demanding the same. panics. 4. If any oflicer, servant or agent of any railway Penalty on company, having the superintendence of the traflic at any tii|!ir'ofKoe'i-r station or depot thereof, refu.ses ov neglects to receive, ''^'^"'^"'^' *"" IT i. i i.- 1 ^ /< 1 nci^lccting to convey or deliver at any station or deiiot ot the company (uiwanl traf- for which they may be destined, any passenger, goods or '";; '^^ above things brought, conveyed or delivered to him or such com- pany for conveyance over or along their railway from that of any other company intersecting or coming near to sucli first-mentioned railway, — or in any way wilfully contra- venes the provisions of the second sub-section of tliis section, — such first-mentioned railway company, or sucli officer, servant or agent, personally, sliall, for each such neglect or refusal, incur a penalty not exceeding hfty dollars over and above the actual (himages sustained, — How recover- which penalty may be recovered with costs, in a summary 1'1'tj"',' llj^'j way, before any Justice of the Peace, by the railway com- pany or any other jjarty aggrieved by such neglect or refu.sal, and to and for the use and benefit of the company, or other party so aggrieved. c s: r °r«» c » • ■«< f MM! I "So : MM. i- '■i li 148 Dominion Railway Act with iHt; mil- ■J i • ti: Interpreta- fiuii of word *• Traffic. " It^ilway t'tinpaiiy, Ac. 5. For the purposes of the four next preceding sub- sections, the word " Traffic " includes not only passengers and their baggage, goods, animals and things conveyed by railway, but also cars, trucks and vehicles of any descrip- tion adapted for running over any railway, — the word " railway " includes all stations and depots of the railway ; — and a railway shall be deemed to come near another when some part of the one is within one mile of some part of the other. RAILWAY CONSTABLES. 61. The Justices of the Peace for any County in the Constables pointeJ to act Provinces of Ontario, Xova Scotia or New Brunswick un the line ot qj. X'rinco Edward Island, asseml)led at any General or iuiy uailway, '' .•mil huvv. ' Quarter Sessions of the Peace, and any Judge of the Court of Queen's Bench or Superior Court, or Clerk of the Peace or Clerk of the Crown or Judge of the Ses- sions of the Peace in the Province of Quebec, on the appli- cation of the Board of Directors of any railway company whose railway passes within the local jurisdiction of such Justices of the Peace, 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 thereto authorized 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 ai»i)ointed shall take anoath or make a solemn declaration in the form or to the effect followii 'b> say. .Q' Oathofoffice "I, A. B., having been appointed a constable to act " upon and along (here name the railway), under the pro- " visions of (hereinnert 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 .« . ' Amendments and References. 149 " affection, niitlice or ill-will, and that I will, to the bost of " my power, cause the peace to be kept, and prevent all '' offences against the jieace, and that while I continue to " hold the said office, I will, to the b'!st of my skill and " knowledge, dischargi; the duties thereof faithfully, accord- " ing to law. So help me God. " 2. Such oath or declaration shall be administered in Ry wliom to 1)0 mil tercii. either of the Provinces of Ontario, Nova Scotia or New '"'''"'"'""•■* Brunswick, (jr i'rince Edward Island, by any one such Justice, and in the Province of Quebec by any such Judge, ^1"<^''*«^;^-1'^1- '^ •' ^ '^ ' as tn other Cleric or Judge of the Sessions of the Peace ; and every Pna'inces. "~ • • * 1S7S constable so ajtpointed, and having taken such oalh or ' " made such declaration, shall have full power to act as Powers of constable for the preservation of tlie peace, and for the stables, ami security of ])ersons and ])roperty against felonies and other ^^ ,^y''^*^ '"' unlawful acts, on such railway, and on any of the works shall extend. belonging thereto, and on and about any trains, roads, wharves, quays. landing-i)laces, warehouses, lands and premises belonging to such company, whether the same be in the county, city, town, parish, district or other local jurisdiction within which he was a})[)ointed, 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 W(jrked or leased by such railway company, and in all ])laces not more than one-quarter of u mile distant from such railway or railways ; and shall have all such powers, protections au within one week after the date of such appointment, or dismissal, as may be ; and the Clerk of the Peace shall keep such record in a book, to be open to public insjjcction, charging such fee or fees as the Railway Committee may, Amendments and References. 151 from time to time, authorize, and in such form as the Committee may, from time to time, direct. 5. Every such constable who is guilty of any neglect or Punishment hreach of duty in his office of constable, shall be liable, ou||yjj[' y,'jjpg. summary conviction thereof, within any county, city, dib- lect uf duty, trictor other local jurisdiction wherein such railway may pass, to a })enalty of not more than eighty dollars, the amount of which penalty may be deducted from any salary due to such offender, if such constable be in receipt of a salary from the railway company, or to imprisonment, with or without hard labour, for not more than two months, in the gaol of such county, city, district or other local juris- diction. 6. Every person who assaults or resists any constable A^"^ ofper- , o . 1 . , . r 1 • 1 1 ^^^^ resisting appointed as aforesaid, in the execution oi his duty, or who them. incites any person so to do, shall, for every such offence, be liable, on summary conviction, to a penalty of not more than eighty dollars, or to imprisonment, with or without hard labour, for not more than two months. French ver- sion amended by 44 Vic. cap. 24, sec. 5. GENERAL PROVIKICHS. 62* Every railway company shall make such by-laws, Companies to rules and regulations, to be observed by the conductors, for regulation engine-drivers and other officers and servants of the com-of <|onduetors . . and otherofn- pany, and by all other companies and persons using the cera, &c. railway of such company, and such regulations with regard to the construction of the carriages and other vehicles, to be used in the trains on the railway of the company, as are requisite for ensuring the perfect carrying into effect of the provisions of tt is Act, and the orders and regulations of the Railway Committe. Out. 79. Que. 61. 2. The company may, from time to time, repeal or alter Altering by- 9 OP f w^ r T«» I 39 S 3011 s x» • •< k 152 Dominion Railivay Act iv'ith »",^. *:;;: ;'•- ')i»: laws. 1875. P'orin. 1875. Impositii; [)fiialtie8. 1875. Suininary interference in certain cases. 1875. Sanction. 1875. How HUcl) by-iawH shall be notified to railway ser- vauts and the public. 1875. such by-laws and make others, provided that such by-laws bs not repugnant to the provisions of this Act or the Act incorporating the company, or any Act or Acts amending any of them. 8. And such by-laws shall be reduced into wilting and shall have affixed thereto the common seal of the company. 4. Any of the conductors, engine-drivers, and other officers and servants of the company or other railway com- panies using any railway, oflending against any such liy-law shall forfeit for every such offence a sum not exceeding forty dollars, — such forfeiture to be imposed by the com- pany in such by-law as a penalty for every such olYeuce. 5. If the infraction or non-observance of any such by-law by any of the classes in the next preceding sub-.section mentioned, be attended with danger or annoyance to the public, or hindrance to the comi)any in the lawful use of the railway, it shall be lawful for the company summarily to interfere, using no violence or unnecessary l'orce,to obviate or remove such danger, annoyance, or hindrance, and that ■without prejudice to any penalty incurred by the inliaction of any such by-law. 6. No such by-law shall have force or elfect unless or until it has been approved by the Governor in Council. 7. The substance of any such by-law, when approved as aforesaid, if it affects any officer or servant of tlie com- pany, may be proved by proving the delivery of a cojjy to or its receipt by such officer or servant ; and if it affects any other railway company using the railway, shall be painted on boards or printed on paper and pasted on boards, and hung up and affixed, and continued on the front or other conspicuous part of every wharf or station Ijelonging to the company, according to the nature or subject matter Amendments and References. 153 |by-la\v.s the Act [nouding iiiiT and inij)auy. other of such by-hiws respectively, so as to give public notice thereof to the parties interested therein, or aT Jtedrhereby; and such Itoards shall, from time to time, be renewed as often as the by-laws thereon or any })art thereof shall be obliterated or destroyed ; and no penalty imposed by any such by-hiw shall be recoverable unless the same shall have been ])ublished, and kept published in the manner aforesaid. 6. Such by-laws, when so confirmed shall be binding What parties upon and be observed by all parties mentioned in the j^, j""'.| _ fourth sub-section of this section, and shall be sufficient to laws. 1875. justify all j/ersons acting under the same; and for proof p^oof thereof of the i)ul)lication of any such by-laws attncting only any ^^''^• other railway company using the railway, it shall be suffi- cient to ]»rove that a ])rinted paper or jiainted board, containing a coi)y of such by-laws, was affixed and conti- nued in manner by this section directed, and in case of its being afterwards displaced or damaged, chen tiiat such paper or l)oard was replaced as soon as conveniently might be. 03. Any railway company may, by a by-law, impose Companv upon any officer, servant, or person who, before the contra- ""^-^.''."l'*?.^® ^ . "^ . , . pt'iialtieH for vention of such by-law, has had notice thereof and is em- contravention ployed by the con>])any, a forfeiture t(5 the company of not*^ y-awa. less than thirty d!>ys' pay of such officer or servant, for any contravention of such by-law, and may retain any such forfeiture out of the salary or wages of the offender. Ont 80. Que. G2. 64. Tlie notice of the by-law or of any order or notice How notice of the Railway Committee, or of the inspecting engineer orQj.^j^;!|^^'J||'^ °'" engineers, may be proved by proving the delivery of a copy I'e proved, thereof to the officer, servant or person, or that he signed a copy thereof, or that a copy thereof was posted in some t : aeai 154 Dominion Railway Act with 111 , in J ■:. Hi m I*' place where his work or his duties, or some of them, were to be performed. Ont. 81. Que. 63. 6»5. Such proof, with a proof of the contravention, Wlien such proof, (kc.j sliall be a shall be a full answer and defence for the company in any dcfoiico lor j^^^jj. ^^^^. ^^^p recovery of the amount so retained ; and such the Company. forfeiture shall be over and above any penalty under this Act. Ont. 32. Que. 64. Ott. No such company shall cause any obstruction in Not to iiii- peilo naviga- tion, or impede the free navigation of any river, stream or canal to or across or along which their railway is carried. Ont. 83. Que. 65. Railways crossing rivers, ito. regulatoil. 67- If tlie railway be carried across any navij];able river , or canal, the company shall leave openings between the abutments or piers of their bridge or viaduct over the sfime, and shall make the same of such clear liciglit above the surface of the water, or shall construct such draw-liridge, or swing- bridge over the channel of the rivor, or over the whole width of tlie canal, and shall bo subject to such regulations as to the ojieningof such swing-l)ridge or draw- bridge as tlie Governor in Council from time to time makes. Ont 84. Que. 66. As to hrulgos 2. No railway company shall, from and after the first over naviga- , „ ^ ^ ^^ ^ , 1 Idc riviTH ol'day 01 August, 1879, be allowed to pass ov(ir any canal, or Canada. 1879 oyer the navigable channel of any river, withi.ut ha.ving first laid such proper ilooriiig under and on both siiles of their railway track over such canal or channel, as shall be deemed by the Minister of Public Works sullicitiiit to j)revent any thing falling from the railway into such canal or river, or u])on the boats or vessels, or craft, or persons navigating such canal or river. Plans to lip 0^4. It shall not be lawful for any such comjjany to the ollvcrnor ^^nstruct any wharf, bridge, pier or other work upon or over ^iH Amendments and References. 155 I, were ^ntion, in any n such w- this any navigable river, lake or canal, or upon the beach or bed '" Council. or lands covered with the waters thereof, until they have first submitted the plan and proposed site of such work to the Railway Committee, and the same has been approved ; and no deviation from such approved site or plan shall be made without the consent of the Committee. Out. 85. Que. 67. lion m oanal Ont. fitt. Nothing contained in the three next preceding Exception sections of this Act, shall be construed to limit or effect any powerfT^^re* power expressly given to any railway company by its^-'iven by the Special Act of incorporation or any Special Act amending' the same. Ont. 80. Que. 08. 70. In all cases where a railway passes any draw or Wlien a Rail- swinj^-bridge over a navigable river, canal or stream which over a swing- is subject to be opened for the purposes of navigation, the '""idge, «&c., • , ,1 • , ,1 , . train to stop trains shall in every case be 8to])ped at least three minutes for three to ascertain from the bridge tender that the said bridge is '"'""^^*'' closed and in perfect order for passing, and in default of so 8toi)ping during the full period of three minutes, the said railway company shall be subject to a fine or penalty of four hundred dollars. Ont. 87. Que. 69. 71. Repealed by 45 Vic. cap. 37, sec. 10. 72. P^very railway company which runs trains upon the railway for the conveyance of passengers shall provide and cause to be used in and upon such trains such known a]»i>aratus and arrangements as best afford good and suffi- cient means of immediate communication between the conductors and the engine-drivers of such trains while the trains are in motion, and good and sulhcient means of ai)i)lying by the power of the steam-engine or otherwise at the will of the engine-driver, or other jierson appointed to such duty, the brakes to the wheels of the locomotive or tender, or botli, or of all or any of the cars or carriages Company to UHe the kiCHt apparatiiH for coiiiiiinnica- tion between conJuistorH and enp;iiie- ilrivers, and \'or Htopping or diHConnec- tiiij^ cars, (ixiiijr Heats in uuru, &o. C3I Otn, : C:; r ; aiad s aeai ! ; i \ 156 Dominion Railway Act uitk \i ■nf' iKJ M Iti ii' 11' If * composing the trains, and of disconnecting the hjcomntive, tender "nd cars or carriages from each oclier by jinv snch power or means, and also such apparatus on ' rrn i^inients as best and most securely place and fix the seats or chairs in the cars or carriages, and shall alter such ap]iaratus and arrangements or supply new apparatus and arrangenn nts from time to time as the railway committee may order- Ont. 88. Que. 70. Tli. Every railway company which fails to comjily '.n Ha Penalty for not comply- ing witli tlu-any of the provisions contained in the next preccuiug see ion. g^,g|.jj^j^ ^^j- ^j^jj^ ^^p^ g|,,^|| forfeit to Her Majesty a sum not exceeding two hundred dollars for every day during which such default continues. Out. 89. Qitc. 71. ca'uionrt aT*^' '^^' ^^^'-'O' railway company shall station an officer at levjl cross- every point on their line crossed on a level by any other railway, and no train shall proceed over such crossing until signal has been made to the conductor thereof that the way is clear. Oat. 90. Que. 72. Further pro- "75, Every locomotive or railway enu'ine or train of cautions •' •' when one Railway crossen cars on any railway, shall, before it crosses the track of any other railway on a level, be sto])ped for at least the another on a space of one minute. Ont. 91. Que. 73. level. Or runs through a city, town, &0. OrnioveR reversely. TO. No locomotive or railway engine shall pass in or through any thickly-i)eo]ded ]tortion of any city, town or village, at a speed greater than six miles ])er hour, unless the track is properly fenced. Out. 92. Que. 74. 77. Whenever any train of cars is nu)ving reversely in any city, town or village, the locomotive being in the rear, the company shall station on the last car in tlie train a person who shall warn parties, standing on or crossing the track of such railway, of the approacli of siudi train ; and for any contravention of the provisions of this and the throe riH Amendments and References. 157 next preceding sections the company shall incur a penalty of one hundred dollars. Ont. 93. Que. "to. TH, \f tlie T>ai]way ConHiiittee orders any railway com- Font passeu- j)any to erect at or near or in lieu of any level crossing t>''t\*iot bridge if a tiivi,)ike road, or other public highway, a foot-bridge or proviiled fur foot-bridges over then* railway lor the purpose oi enabhiig.u level cross- persons passing on foot along sucli turnpike road or ])ul)lic'"t=' highway to cross the railway by means of such bridge or bridges, then from and after the completion of such foot- bridge or foot-bridgL'S so required to bo erected, and while the company keeps the same in good and sufficient rej^air, such level crossing shall not be used by foot passengers on tlie said turnpike road or })ub]ic highway, except during the time when the sanu; is userevent their loitering or stopping on such '^"^ '""'^' highway at such intersection. Ont. 95. Que. 77. ^*0. All catde found at large in contravention of the Such rattle last iireceding section may, by any person finding the ""^•^' ,",' ''"' same at large, be imjiounded in the nearest pound to the phicc wliere the same are so found, and th(i jioiind keejxir with whom the same are so imjMunuled .sliall detain the same in the Hke maniKU', and subj(M;t to the like regula- tions as to the care and dis[iosal thereof as in the case of cattle impounded for trespass on private pro[terty. Ont, 90, Que. 7H, HI, No jierson, any of whose cattle being at large, iriullcd contrary to tlie provisions of section seventy-nine, are""'"S'' V"'* ,.,,,, . 1 • p • oiititk'd to killuil by an/ tram at such point of intersection, shall have any action. ; so •HI U: 158 Dominion Raihuay Act with it";! I** !?; J*; IK; I"' any action against any railway company in respect to the same being so killed. Ont. 97. Que. 79. Cropsing to ?i2. At every road and farm crossing on the grade of the railway, the crossing shall be sufficiently fenced on both sides so as to allow the safe passage of the trains. Ont 98. Que. 80. Jitl. Every railway company shall cause all thistles and Ground he- longing to the Cumjiaiiy other noxious weeds growmg on the cleared land or ground to be ^•*'"'^'i adjoining the railway and belonging to such company to be cut down and kept constantly cut down, or to be rooted out of the same. Ont. 99. Que. 81. Conse- quences of omitting to do 80. H4. If any railway company fails to comply with the requirements of the last preceding section within twenty days after they have been required to comjily with the same, by notice from the mayor, reeve, or chief officer of the municipality of the township, county or district in which the land or ground lies, or from any Justice of tlio Peace therein, such coni])auy shall thereby incur a penalty of two dollars to the use of the municipality, and in the provinces of Nova Scot'a and New Brunswick, to the over- seer of the poor for the locality, for each day during which they neglect to do anything which they are lawfully required to do by su'^h notice ; and the said mayor, reeve, or officer or Justice of the Peace may ca\ise all things to be done which the said company were lawfully rec^uired to do by such notice, and for that purpose may enter by himself and his assistants or workmen upon such lands or grounds ; and may recover the expenses and charges incurred in so doing, and the said penalty, witli costs of suit, in ony court having jurisdiction in civil cases to the amount sought to be recovered. Ont. 100. Que. 82. Interest of purchaBO money or rent Sfl. The interest of the ])urcha9e-money or rent of any real property acquired or loasod by any railway company, Hi Amenclmeats and Riferences. 159 and necessary to the efficient working of such railway, and t>f I'^a' v^(^ I • 1 r ^ A^ ^ • PCVtV to lie the price or purchase-money oi any real pro})erty or tlung, deoinedwork without whicli the railway could not be efficiently worked, '"o . 46 Vic. cap. 24, sec. 14. If at any time any railway Pro\ ismn in or any section of any railway be sold under the pro-p^jp ^f rail- visions of any deed of moi'tgaure thereof, or at the""'>' ^^ V^^^ ^ , , , , „ , , 1 , tiiem.f to a mstance of the holders of any mortgage bonus or debentures, pirt.v nui for tlie payment of which any charge has been created '"'■^■"'^' '*"Sa' '- -^ . jiuwer.s to thereon, or under any other lawful proceeding, and be working it. purchased by any person or corporation not having any corporate powers authorizing the holding and operating thereof by such purchaser, the purchaser thereof shall transmit to the Minister of Kailways and Canals, within ten days from the date of such purchase, a notice in writing stating the fact that such purchase has been made Notice to describing the termini and line of route of the railway purchased, and specifying the charter under which the same had been constructed and operated, including a copy of any writing preliminary to a conveyance of such railway which has been made as evidence of such sale ; and immediately ^yii'i copies upon the execution of any deed of conveyance of such railway tlie purchaser shall also transmit to the Minister of Railways and Canals a duplicate or an authenticated copy of such deed, and shall furnish to the Minister, on request, any further iletails or information that he may require. 40 Vic, cap. 24, sec. 15. Until the purchaser shall W lien anJ have given notice to the Minister in manner and purohmier i'orm as iji-ovidod by the last preceding section, it shall ","^^' '^^>^''*' . . , tlic railway iKiL lie lawful for the purchaser to run or operate the alter mich railway so purchased, or to take, exact or receive any "^^"^'^'' *'^' tolls v.Uutever in respect of any tiallic carried there- ?^ * ••OMIl !i Sis* ICO Dominion Ralluuy Act uith p.. 0' , I!! {ii I II ." on ; but after the Siiid conditions have been complied with the purchaser may continue until the end of the then ne\t Sessiou of the Parliament of Canada to operate such r.iilway and to take and receive such tolls thereon as the railway comjjany ]»reviously owning and operatinjj,' the same was authorized to take, and shall be subject, in so far as they can be made ap[)licable, to the terms ami C)uditions of tlie charter of tlie said company, until he sliill have Letter of received a letter of license from the Minister of llailways nceiiso Ironi minisUT. and Canals, — whicli letter the Minister is hereby authorized to grant, — defining tlie terms and conditions on which such railway shall be run by such purchaser during the said j)eriod. PiircliasiT must a[i|il_v to Parlia- iiKMit f((r l(j:iKlativc aulliorit)'. 40 Vtc. cap.'lA, sec. 1 G. It shall be the duty of sach pur- (;liaser to ii.])ply to tlu' Parliament of Canada, at rlie next folhnving session thereof after the ])urchaseof such railway, for an Act of incorporation or other legislative authority, to liold, operate and run such railway, and if such application be made to the said Parliament and be unsuccessful, it shall be in the discretion of the Minister of Pailways and Canals to extend the license to run such rail' ay until the end of the niHcretuiiKiry timn ^^^,^l following session of Parliament, and no l)ntrer; pOWClH (if _ " _ .-> ' iMinistiT and if during such extended ])eriod, the j»ui'chaser does not pliciitiiMi— obtain such Aei ol incorporation or otiier le'gisjative iokI (.1 Itiiil- authority, such railway slia.ll be closed or otherwise dealt wnv C()iM- • 1 I "^ 1 \T- ■ ' !• II -1 1,1 I 1111 inittec. ^^'tli by the Minister oi Kailways and (>anals as shall be determined by the Railway Conimitti^e of the I'rivy Coun- cil. PENAL CTjAUSES. 1 eimlty on SH, Kvery })erson who, by any means or in iinv mumer j)erMoiiH oh- ■ '. in' KtriictiiiK free 01' ^^'''»y whatsoever, ohstructs or interrujits the tr-e use of use of Utiil- (^inj railway, or the carriage}, vessels, engines or ol her w >rk-i way. _ "^ ' ^ ' > o incidental or relativ;; thereto, or cuuiucted therewith, shall Amendments and References. 161 be guilty of a misdemeanor, and on conviction thereof, shall be punished by im[)i'isonment 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 *wo years. Que. 84. HT. All persons wilfully and maliciously, and to the Penalty on prejudice of the railway, breaking, throwing down, damag- |i!,iii*^"uail-"" ing or destroying the same, or any part thereof, or any of the ^^*y- buildings, stations, depots, wharves, vessels, fixtures, ma- chinery or other works or devices incidental or relative there- to, or connected therewith, or doing any other wilful iiurt or mischief, or wilfully or maliciously obstructing or inter- rupting, hindering or preventing the carrying on, com- pleting, supporting and maintaining the railway, vessels or works, shall be guilty of a misdemeanour, unless the offence If the offence committed amounts, under some other Act or law, to a ^ ^ ^' 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 misdemeanour or felony, as the case may be, are directed to be punished by the laws in force in Canada. Que. 85. HH» If any person wilfully and maliciously displaces orPi'ni'''iiiie"t removes any railway switch or rail oi any iPalway, or breaks doinj^ unv down, vips up, injures or destroys any railway track, or lail-''''"/^ to Rail- way bridge or fence of any railwivy or any portion thereof, Intent to In- or places any ol)struction whatsoever on any such rail '^''^r'^propeTty" railway track or bridge, with intent thereby to injure any {lerson or proi)erty passing over or along such railway, or to (Midangcr human life, such person shall be guilty of mis- demeanour, and shall be punisiied by imprisonment with hard labour in the common gaol of the territorial division in wliich such oftence is committed or tried, for any period 1 ?^. 30 Ttttrnt 162 Dominion Railway Act with |l> r K ■-■' lli •I'" 1^,„ s 5"' I 'I! # II t'li .11 t '■' }m • "' III not exceeding one year from conviction thereof ; and if in And if such consequence of such act, done with the intent aforesaid, any damage be ac- . . , , ., n tually done person SO passHig over and along such railway, actually suffers any bodily harm, or if any property passing 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 exceeding one year and less than two years. Qite. 86. Placin.tr any obstruc ion in Railway, reniovinjj rail.*, moving lX)iiits, &c., with intent to endanL'or life or pro- perty, to be felony, and how punish- able. 1S79. And ^'1^32,33 v., c. 22, s. 31). SO. Whosoever unlawfully and maliciously puts or throws upon or across any railway, any wood, stone or other matter or thing, or unlawfully and maliciously takes up, removes or displaces any rail, sleeper or other matter or thing belonging to any railway, or inilawfully and maliciously turns, moves or diverts any point, or other macliinery belonging to any railway, or unlawfully and maliciously makes or shows, hides or removes any signal or light, upon or near to any railway, or unlawfully or maliciously does or causes to be done any other matter or thing, with intent in any of the cases aforesaid to endanger the safety of any i)ersou travelling or being upon such railway, is guilty of felony, and shall be liable to be imi)risuned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place f^i confinement for any term less than two years, with or without hard labor. Que. 87. ?MK If any person wilfully and maliciously does or ineanour. Committing nnv injnrv 8to"ppa'j;(> ttc, causes to be done, any act whatever, whereby any building, to '^' 'I ""•■" t^- f^3,lg^.^ construction or work of any railway, or any engine, Uiachine or structure of any railway, or tiny matter or thing appertaining to the same, is sto[)pe(i, obstructed, imi)aired, weakened, injured or destrijyed, the person so offending shall be guilty of a misdemeanour, and be punished by t Amendments and References. 163 md if in aid, any actually ng over )r injury ider the punish- ^o years, for any Que. 86. puts or stone or dy takes r matter ully and or other ally and :iy signal wfully or matter or endanger pon such le to be terra not )ther gaol wo years, f does or ' building, ly engine, !r or thin.i,' im])aired, ollendin!4' nished by cut- imprisonment with hard labor not exceeding one year, in the common gaol of the territorial division in which the offence was committed or has been tried. Que. 88. Ol. Every person who bores, pierces, cuts, opens, or Punishment ,1 . . . 1 1 1 , • • of pprsonH otherwise mjures any cask, box or package, contaming (,^^j„„ wine, spirits or other liquors, or any case, box, sack, tmi; casks or wrapper, package or roll of goods, in, on or about any car. Railway, waggon, boat, vessel, warehouse, station-house, wharf, quay or premises of or belonging to any such railway company, with intent feloniously 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 lic^uors, or any part thereof, shall, for every such offence, be liable, on summary conviction before one or more Justices of tlie Peace, to a penalty of not more than twenty dollars, over and above the value of tlie goods or liquors so taken or destroyed, or to imprisonment with or without hard labour, for not more than one month. Que. 89. 1>2. Every person wilfully obstructing any inspecting ^""'f^lnnent * (J • o 1 * t 111 *• I.)v rHOiio engineer in the execution or his duty shall, on conviction ohstructinc before a Justice of the Peace having jurisdiction in the f "^P^'ctors in Y '' . the execution place where the offence has been committed, forfeit and pay of their duty. for every such ofVence any sum not exceeding forty dollars, and in default of payment of any penalty so adjudged, im- mediately, or within such time as the said .Tustice of the Peace app(jints, the same Justice, or any other Justice hav- ing jurisdiction in the place where the offender resides, may commit the offender to prison for any period not exceeding three months ; but such commitment shall be determined on ])aynieiit of the amount of the penalty ; and every such jienalty shall be returned to the next ensuing Court of General or of Quarter Sessions in the usual manner. Que. 90. 03. If any oflicer or servant of, or person employed by Punislunont ' "Hi 164 Dominion Railway Act xoith ,1" "I ♦ .►' *\f> ■| I ,. * " ■I ■» of officer3,&c.any railway company, wilfully or neglioently contravenes contraventing , , i • r\ ^ p ^^ i by laws, &c. any by-law or regulation oi the company lawlully made and in force, or any order or notice of the Kailway Com- mittee 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 con- travention causes injury to any property or to any person, or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been without such contravention, although no actual injury occurs, such contravention shall be a misdemeanour, and the person convicted thereof shall, in the discretion of tlie court before whom the conviction is had, and according as such court considers the offence proved to be more or less grave, or the injury or risk of injury to persons or property to be more or less great, be punished by fine or imprisonment, or both, — so as no such line exceeds four hundred dollars, nor any such imprisonment the term of five years ; and such im- prisonment, if for over two years, shall be in the peni- tentiary. Que. 91. Penalty in 5i4, xf such contravention does not cause injury to any certain caFen, » >/ j and how re- property or person, nor expose any person or property to the coverable. ^.j^j^ ^^ injury, nor make such risk greater tlian it would have been without such contravention, then the officer, servant or other person guilty thereof, shall hereby incur a penalty not exceeding the amount of thirty days' pay, nor less than fifteen days' pay of the offender frum tlie Company, in the discretion of the Justice of the I'eace before whom the conviction is had ; and such penalty shall be recover- able with costs, before any one Justice of the Peace having jurisdiction where the offence has been committed, or where the offender is found, — on the oath of one credible witness other than the informer. Que. 9 2. s Amendnunts and References. 165 95« One moiety of such penalty shall belong to Her Application Majesty for the public uses of Canada, and the other moiety ° f^"* ^* to the informer, unless he be an officer or servant of, or per- son in the employ of the Company, in which case he shall be a competent witness, and the whole penalty shall belong to Her Majesty for the uses aforesaid. Que. 93. 96. The Company may, in all cases under the three next TheCompany T . , p , , , may pay pen- preceumg sections, pay the amount of the penalty and costs* altv and and recover the same from the offender or deduct it from his'^^*^"''*' ^''°™ wagea. salary or pay. Ont. 102. Que. 94. RAILWAY FUND. 9T« Every railway in Canada to which this Act applies Railway ,11 .,„.. , InPi^ection shall, as soon as any portion thereof is m use, pay to the Fund. Eeceiver-General an annual rate to be fixed by the Railway Committee, not exceeding ten dollars per mile of railway constructed and in 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 Railway Inspection Fund." Ont. R, S. cap. 166 sec. 1. Que. 96. INTERPRETATION CLAUSE. 9H, In the construction of the provisions of this Act, What the from section thirty-five to section ninety- seven, both ^.^y Co^,. inclusive, the expression " Railway Company," or " Com- P^"j" ^h*'! pany," shall include any person being the owner or lessee of or a contractor working any railway constructed or carried on under the powers of an Act of Parliament. Que. 97. APPLICATION OP PENALTIES- cat tcrr •HI! SC9 99« All penalties recovered under this Act, in respect Howpenalties to the application of which no other provision is made, pi,^i*]f ^e shall be paid to the Receiver General of Canada, to the ai)plied. credit of " The Railway Inspection Fund." Que. 95. IMAGE EVALUATION TEST TARGET (MT-3) 4 // A ^ 7a 1.0 I.I »- IIIIIM iiiai H40 Mi 25 1.8 11.25 IIIIII.4 IIIIII.6 V] Imperial Act ai 30, 31 Vic. ■%; 3. 3. B. N. A. Act cited ■^zn ««•: yt% XL'H -^•Ji' Cann !S5; K2\ 3ca» Certain rail- ways declar- ed to bo works for the goiicral ad- vantage of Canada. 170 Dominion Raihvay Act ivith Ml r' » • I t Mi J I 55! *at i !tl! :ll::iiei: ili l||l Acts of local Legislatures to remain valid But the rail- ways to be subject to Parliament. Provision as to railways not now un- der authority of Parlia- ment. the Credit Valley Eailway, the Ontario and Quebec Rail- way, and the Canadian Pacific Railway, are works for the general advantage of Canada, and each and every branch line or railway now or hereafter connecting with or crossing the said lines of railway, or any one of them, is a work for the general advantage of Canada. 2. Nothing in this section contained shall be construed in any way to affect or render inoperative the provisions of any Act of a Local Legislature heretofore passed, autho- rizing the construction and runr'ng of any such railway or branch line, or any Act am>.,.ding the same, but here- after the same shall be subject to the legislative authority of the Parliament of Canada. 3. Railway companies by this Act brought within the legislative authority of Parliament shall have one year from the passing hereof within which to comply with the provisions of sub-section five section fifteen of *' The Con- solidated Railway Act, 1879." 44 Vic. cap. 24, sec. 2. SCHEDULE ONE. Form of Yearly Returns to the Minister of Railways and Canals, required from Railway Companies under the "Consolidated Railway ulc^, 1879," as amended by this Act. Returns made by the {corporate name of the Company) in pursuance of the Act 44 Victoria, chap. 24, for the period included between the {insert the day to which the lojSt Returns extend, or the date of the commencement of operations, as tlie case may he) to the last day of June, iu the year 18 . Amendments and Bejerences 171 bee Rail- for the 'y branch crossing work for onstrued v^isious of , autho- railway but here- authority ithin the one year with the Vhe Con- vays and ader the uded by ^mpany) t, for the vhich the ement of of June, Location and General Descripti:>. of Eailway. Showing the County or Counties through ichich the Rail- way runs, the Terminal Points, Connections, if any, and giving a geneial description of the Line and the Country through which it passes. Statment containing copies of all contracts made by the company, for the construction of any part of the railway. No. 1. — Returns of the Capital Account of the said Eail- way, also the Revenue and Expenditure, &c. No. 2. — Capital Account. of ordinary share of preference share Total Total amount capital Total amount capital do do do amount of ordinary do do do do Total amount of Qovernment loans do do bonuses. Total amount of Qovernmc it sub- scription to shares Total amount of Government sub- scription to bonds Total amount of municipal loans do do do bonds, do do do do do do do do bonuses... of municipal subscrip- tion to shares of municipal subscrip- tion to bonds.. for other sources Total capital. Autho- rized. $ cts Sub- scribed. $ cts, Paid up. $ cts. ♦Rate of Interest or Dividend. cts. This statement must agree with the totals shown in the report of the company, a copy of which is to be transmitted also. If there are more than one issue of profereuco shares or bonds, state them and the amount of each class. Of vn It II 6:i 172 Dominion Railway Act ivith If any floating debt exists it must be stated so as to make the total agree with the published report. * State whether dividend is cumulative or not. ;N"o. 3. — Loans or Bonuses from Governments or Municipalities. '« li is; :i illli From what source. a a Amount of Bonus Granted. Amount of Sub- scription to Shares. Amount of Sub- scription to , Bonds. OQ 2 a $ cts. 5" Q Governments $ cts. $ cts. $ els. $ cts. $ cts. Total Municipalities Total No. 4. — Bonds or other Securities Negotiated by the Company. Amounts. Rate of Interest. Date of Sale. Prices Realized. $ cts. $ cts. $ ots, No. 5. — Sales of Land ma.de by the Company. Acres Sold. Amount $ cts. to make OR I OS -2 § Q $ cts. Amendments and References. No. 6. — Floating Debt. 173 Amount. Rate of Interest. Remarks. $ cts. $ cts. No. 7. — Characteristics of Eoad, &c. Owned. 'Length of main line from to.. do branch from to.. do do to. do do to. do do to. Leased. Length of railway from to. do do to. do do to.. do do to.. ST THE Realized. Ota. lunt. IB cts. Total mileage worked Length of road laid with iron rails do do steel rails do of sidings do of double-track (if any) Weight of rail per yard, main line, iron do do do steel do do branches, iron do do do steel Number of engine-houses and shops do of engines owned by company do hired of first-class passenger cars owned by company do do hired . of second-class and emigrant cars owned by company... do do hired baggage, mail and express cars owned by company do do hired cattle and box freight cars owned by company do do hired platform cars owned by company do hired coal cars owned by company do hired ties to mile, main line do branches Nature of fastenings used to secure joints of rail , Number of grain elevators fCapacity of do at do do do do Number of level road crossings at which watchmen are employed.. do do without watchmen do overhead bridges Height of do above rail level Number of level cros^'ngs of other railways do junctions witn other railways do do branch lines Radius of sharpest curve Number of feet per mile of heaviest gradient Qauge of railway do do do do do do do do do do do do do do do Miles. Lbs. do do do "Hi ■«£; ItMi • If the lino or any portion of it is under construction, the length being con- structed to be given. t State where these are situated, and the capacity of each. 174 Dominion Railway Act with No. 8. — Actual Cost of Railway and Eolling Stock. 1. Cost of land and land damages 2. Cost in connection with the administration of the Land Grant in aid, if any 3. Cost of grading, masonry and bridging, station buildings, &c. , &c. 4. Cost of rolling stock of all kinds, including workshops Total cts. The above total to show the real cash cost of construction and rolling stock. No. 9. — Operations of the Year and Number of Miles Eun. 0ti"• •• '* is;.,; i • « 1. Wages of engineers, firemen and cleaners 2. Cost of coal for fuel Cost of wood for fuel 3. Repairs of engines and tenders 4. Oil, tallow, waste, &c., for engines 6. Pumpin? engines 6. Repairs of tools and machinery 7. Superintendence Total No. 14, C. — Working and Eepairs of Cars. 1. Wages and material for repairs of passenger cars 2. do do freight cars and snow ploughs 3. Superintendence Total $ cts. No. 14, D. — Operating Expenses — General and Oper- ating Charges. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. I|. OfiSce expenses, including directors, auditors, management, travelling expenses, stationery, &c Station agents, clerks, porters, &c Conductors, baggagemen and brakemen Compensation for personal injuries Loss or damage to freight Cattle killed Cost of ferries and ferry boats Cost ot foreign agencies Small stores, including lights, lamps and signals All other charges Total. $ cts. Blanks are left foi' any other items of Expenditure not included above. Amendments and References. Ill No. 15. — Summary of Operating Expenses. $ A. Maintenance of line, buildings, &c B. Cost of working and repairs to engines C. Cost of working and repairs to cars D. Cost of general operating expenses Total cost of operating railway. cts. The above statement to include tlie full co- if operating tl.r> railway, and the total to correspond with the published return ot the compan r. H Q O CD O |25 itm* is; cat 178 Dominion Railway Act with No. 17. — Names and Eesidences of Directors and Officers OF THE Company. IK.r«> 'I p. v' iL . i Regulations as to swing and d raw- bridges may be made by Governor in Council. 4. The Company or person proposing to construct the " bridge may apply to the Governor General in Council for approval of the site, and to the Eailway Committee of the Privy Council for approval of the plans. 5. The Governor General in Council, may from time to time, make and alter such regulations as may be deemed expedient, respecting the opening of any swing-bridge or drawbridge wit hin the purview of this Act ; and the Com- pany or person constructing or owning or in possession of the bridge, as the case may be, shall be subject to such regulations. CounciTniay *' ^^^ ^"^g® ^^^^^"^ ^^^ purview of this Act which is order renio- built upon a site not approved by the Governor General in built in con-^ Council, or which is not built in accordance with plans travention of approved by the Kail way Committee of the Privy Council, or which, having been so built, is not maintained in accord- ance with such plans may, in so far as the same interferes with navigation, be lawfully removed and destroyed under the authority of an order of the Governor General in Council. T» The preceding section shall not limit the jurisdiction Such order jurisdiction of any court with respect to the removal and destruction of of courts. ^iiy unlawful bridge. Order or ap- proval niav be annulled or varieil by Parliament. S. Parliament may, at any time, annul or vary any order or approval of the Governor Geaeral in Council, or of the Railway Committee of the Privy Council, made under this Act ; and any action of Parliament in that behalf shall not be deemed an infringement of the rights of the company or person concerned. Act not to af)- ». No approval shall be given under this Act of the site ply to rivers , /. , • i ^ ■,-,• r, -r , r,- St. Lawrence or iilaiis of a bridge over the River St Lawrence or the River and Si. John. gt. John. Amendments and References 181 istruct the !ouncil for ,tee of the m time to )e deemed T-bridge or i the Gom- ssession of ;ct to such 10. Section seventy-one, including all sub-sections there- ^.f^*^"^'^^^^^ of, of " The Consolidated Railway Act, 1869," is hi-,veby repealed" repealed. 11. This Act shall not affect any bridge heretofore con- Proviso : as structed which may hereafter require to be rebuilt or already built repaired, provided such bridge, when so rebuilt or repaired, shall not interfere more injuriously with navigation than now or heretofore. 31 ai 3t which is General in with plans ry Gouncil, I in accord- e interferes oyed under in Council. cs; aMi jurisdiction istruction of •y any order il, or of the 2 under this ilf shall not 10 company call 48* ctofthe site or the River wimm 182 Dominion Railway Act with I'll. p. #•.■ 0m' , V"'\r "•■ 'III Preamble. 45 VIC. CHAP. 41. An Act respecting the sale of Eailway Passenger Tickets. [Assented to 17th May, 1882.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : — ^^tl^^^I" to ^^ ^^^ railway company subject to the jurisdiction of appoint agents for sale of tickets. Agents to have certifi- cate of ap- pointment and exhibit it openly. Tickets to be stamped and signed, &.Q. the Parliament of Canada, or to which '^ The Consolidated Railway Act, 1879," applies, and the Minister of Railways and Canals as respects any railway under the control of the Government of Cani\da, may appoint, in any city, town or village in Canada, such person or persons aS they or he may choose, as agents for the sale of passenger tickets to passengers or persons desiring to travel by the railway of the company employing such agent, or by any Government railway, as the case may be. 2« The Minister of Railways and Canals or company hereinbefore described, employing any such agent, shall give him a certificate of his appointment, which shall be under the hand of the said Minister or the corporate seal of the company appointing him, and such agent shall keep the same framed or exhibited in some conspicuous part of his office or place of business where it can be seen and read by those resorting to the office. 3- Every tick-^t so sold by any agent shall have the name of such agent and the date of the sale written or stamped plainly upon it, and any person fraudulently alter- ing, changing, or imitating such signature or date, shall be guilty of an offence against this Act. This Act shall also apply to the agents of foreign railway companies doing Amendments and References 183 )r Tickets. 1882.] consent of Canada, sdiction of nsolidated f Eailways control of any city, persons aS :' passenger avel by the , or by any )r company t, shall give 11 be under seal of the ,11 keep the part of his ind read by 11 have the written or lently alter- ,te, shall be st shall also inies doing business in Canada, who shall be required, before issuing Provision as tickets over Canadian lines, to be duly authorized for such fore'igif raU- purpose by the Minister of Eailways and Canals, or com- way com- pany over whose line they desire to issue tickets, in the same way ii is provided in section one, and shall also be required to have and exhibit in like manner a certificate from the foreign company he or they may represent. 4. Nothing in this Act shall preclude the duly author- Authorized ized agent of any company from procuring from the pro- procure perly authorized agent of any other company, a ticket for tickets from a passenger to whom he may have sold a ticket to travel certain pur- over the line or any part thereof for which he is the author- P^^^^- ized agent, so as to enable such passenger to travel to the point or junction from which he may have previously secured his ticket. 5« No person whosoever, except those authorized as above mentioned, shall sell or offer for sale, any railway passenger ticket, or pass, ticket, certificate or other instru- ment, enabling any person or persons, or purporting to entitle any person or persons to travel on any one railway, or more than one railway, or on any part of one railway, or parts of several railways to which this Act applies ; and any person or persons offending against this Act shall, upon summary conviction thereof before any Justice of the Peace, be subject to a fine of not less than twenty dollars nor more than fifty dollars, in the discretion of such justice, and to pay the costs of the prosecution and conviction, or to im- prisonment for not less than ten days nor more than ninety days in the common gaol, or to both fine and imprisonment, in the discretion of the justice. ©• All complaints regarding the contravention of this Procedure to Act shall be prosecuted by infoimation, and shall be subject 33 y" c^Vl to the provisions of the Act passed in the Session held in Penalty on prsons sell- ing tickets, &G., without authority. •Ml i OMI (S9II Enforcement of penalty by Bummary proceedings. sat :a» 184 Dominion Railway Act ivith the thirty-second and thirty-third years of Her Majesty's reign, and intituled "An Act respecting the duties of Justices of the Peace out of Sessions, in relation to summai^ con- victions and orders." it: ,;5i; •ill' K '-'till ^•' i" iti: If i«: 1 1 ' ' H ' i i if: Act not to T", Nothing m this Act contained as regards the appomt- attfct antho- . ® . , , „ . , , ,, , rity of station ment 01 agents lor the sale of tickets shall prevent the ajientsof station agents of tlie minister or company at their stations, railway, " i j » and in their ticket offices at such stations from selling tickets to passengers about to enter upon d,nd travel by railway from the said station. S. The examination of any complainant or witness, Examination of complain- ant or witness taken or heard under oath in the presence of the person in^evidence * ^^^"^®'^' ^^ ^^^® hearing of anv complaint for any offence in appeal on against the provisions of this Act (if the person charged, ditions. or his counsel, or agent, shall have had the opportunity of cross-examining such complainant or witness, whether he has done so or not), may, on the hearing of any appeal from any decision of such magistrate, be used in evidence, provided the person whose examination is so used is out of the jurisdiction of the court to which the appef'" I,> ir ade ; and provided further that the said examinavic:, has been reduced to writing and has been s . iclence by the Proofof such person whose examination it purports to be , and to ■ entitle the said examination to be read and taken as evidence on the hearing of such appeal it shall only be necessary to produce the certificate of the magistrate or person before whom the said trial was had, under his hand, certifying that the said deposition, which is offered in evidence, was taken before him on the hearing of the com- plaint which forms the subject matter of the said appeal, and on the production of the said certificate the said deposi- tion or evidence of such absent person shall be taken and received as evidence, without further proof, on the trial of any such appeal. Amendments aud References. 185 ajesty's Justices 11^ con- appoint- vent the stations, selling avel by witness, person offence charged, unity of whether y appeal svidence, is out of ;:- If ade ; . idence by the and to iaken as only be trate or lis hand, fered in he com- i appeal, I deposi- ken and I trial of 9» The Minister of Railways, as regards any Govern- ment railway and every railway company subject to the jurisdiction of the Parliament of Canada, or to which " The Consolidated Railway Act, 1879," applies, shall repay to any ticket holder the cost of his ticket if unused in whole or in part, less the ordinary and regular fare for the distance for which such ticket has been used ; and such repayment shall be made at any station or office of the railway or company between, and including the points covered by the ticket ; and the sale by any person of the unused portion of any ticket otherwise than by presentation of the same for redemption, as provided for in this section, shall be deemed to be a violation of the provisions of this Act, and shall be punished as hereinbefore provided : Provided always, that the claim for such redemption be made within thirty days from the expiration of the time for which the ticket was issued in accordance with the conditions thereon. Provision for the redemp- tion of un- used tickets or parts of tickets, and at what places. Sale of un- used portion prohibited. Proviso : time for redemption limited. 10. Passengers presenting single journey tickets upon Passengers to the trains within the time for which the conditions printed p'tayln^g^ over upon them, and the date show such tickets to be good for vyithin the ' , , /.!.,, timetowhich use, may apply to the conductor oi such tram to have the the ticket is privilege of stopping over granted, and the time for which 8^°"' the ticket is valid extended, which shall be conceded on tickets purchased at railway ticket offices in Canada, from one place in Canada to another, or from a place in Canada to a place in the United States ; but no railway company Limitof time. shall be required to extend the time more than two days for every fifty miles of distance to be travelled in Canada. 11. This Act shall come into force and take effect on When this 1 r 1 r. 1 /. T 1 A^ct shall be and from the first day of July next. in force. 9» 31 5!: Ml«. •HII ss: sign SMI :?»'• >iiit ii #«■» ;,.!> fin'' '••'Mil' 0m>; !l FORMS OF PROCEEDINGS IN EXPROPRIATION. QUEBEC, NOTICE AND CEETIPICATE OP SURVEYOR. (Under 8ec.9. ss. 12, of Eailway Act.) On this day the day of in the year of our Lord at the request of (the Eailway Company), a body politic and corporate duly incorporated, (to wit, under and by virtue of an Act passed, etc.), and having their principal office in the City of in the Province of Quebec, in the Dominion of Canada. I, the undersigned Notary, duly commissioned and sworn in and for the said Prov- ince of Quebec, residing at in the District of in the said Province : Personally and purposely went to the domicile of of the Parish of in the County of in the said Province (quality or occupation), where being and speaking to I declared to the said that the said (Railway Company^ require for the con- struction, maintenance and use of a line of Railway forming a portion of the Railway of the said Company, all that certain piece or parcel of land hereinafter men- tioned and described and forming part of tlie immoveable property belonging to the said situate, lying and being in the said Parish of and known and distinguished as Lot No. on the Official for Cadastral^ Plan, and in the Book of Reference for the said Parish, etc., etc., ■mi Hi Ss; 9 ai 188 Forms of Proceedings Notice & Cer- tificate of Surveyor. • « i' •«;■ i::' ■ »».• ,,,1. *•" %•• <;;• r" ; ^••' .nil , »»' lll» I ip"'l»"'l 1 i :• ■ If"*''' . ;s.*., , !:>;*" . •••il.i ; of appoints ment of his arbitrator. Notary Public, on the Notification day of notify the said by party ^j^^^ ^jjg gj^j^ Company required for the construction of its Railway in said parish a certain portion of the pro- perty of said designated upon the map and book of reference of said Railway and did make a certain offer therefor to said which the latter is unwilling to accept, and which is wholly insuffi- cient and inadequate compensation for the property proposed to be taken, and for damages by the passing of said Railway. That the said refuses to accept the said offer and has nominated and appointed of as Arbitrator for and on behalf of said And in order that the said Company may not have cause to plead ignorance in the premises, I, the said undersigned Notary speaking as aforesaid have left for said Company at its said office a duplicate of these presents and I, the said Notary, have signed these presents (in dupHcate) at aforesaid. In testimonium veritatis (Signature of Notary.) in Expropriation. Quebec. 191 PETITION TO MINISTER OF RAILWAYS AND CANALS TO NAME THIRD ARBITRATOR AND NOTICE. (1st Form : under 42 Vic. cap. 7, sec. 5. But. see now 47 Vic. cap. 11, sec. 12,) Dominion of Canada, \ Ex parte. THE Department of Eailways and Canals. Petitioner, and RAILWAY COMPANY, Respondents. To the Honorable The Minister of Railways and Canals. The Petition of of Respectfully sheweth : That on the day of the Railway Company acting by Notary, gave notice under the Consolidated Railway Act, 1879, to your Petitioners, that the said Company required a certain portion of the (farm or property) of your Peti- tioner in for the purposes of the jBaid Railway, and made a tender therefor, together with a notice that, if such tender was not accepted, the said Company named of their Arbitrators, the whole, as appears by the duplicate copies of said notice herewith produced. That within the delay fixed by law, to wit, on the day of your Petitioner, acting by Notary of notified the said Railway Company that he did not accept the said tender, and that he named of » •Wl IMI 192 Forms of Proceedings • ■«l...l •""If I" f '(If"' I ■.r»'und, will tioner.) ill be pre- !" Railways a, on the at tioner "> in Expro'priation, Quebec, 193 PETITION For Appointment of Srd Arbitrator. (2nd Form : But see now 47 Vic. cap. 11, sec. 12.^ Canada: \ Province of Quebec, ) THE RAILWAY COMPANY, Petitioners in Expropriation, and Proprietor. To the Honorable Mer Majesty's Minister of Public Works. The Petition and Application of Railway Company, a body politic and corporate, duly incorporated, having its principal office and place of business in , in the Province of Quebec, Respectfully represents ; That your Petitioners require for the construction, maintenance and use of a line of Railway of the said Company, your Petitioners, all " that certain piece or parcel (jf land hereinafter mentioned and described and forming part of the immoveable property belonging to , of the Parish of in the county of , in the said Province, situate, lying and being," etc. That the said Company, your Petitioners, have accord- ing to law duly notified the said that the said piece, parcel or strip of land, belonging to him as proprietor and hereinabove described, is so required by the said Company, Petitioners, who, by the ministry of Notary Public, have served upon the said on the day of a written notarial M ■I •« )» II >•■ M: 194 Forms of Proceedings *WS ••Ml ••►'■nil '2''.t:»'ti Sum II II ••Oil* J, II ■ ' ' Eli ■i:i trator. notice to the said effect. Petition for That by the said notarial notice, the said Company, of third arbi-y^J"*" Petitioners, declared themselves ready to pay to the said the sum of as compensation for the hereinbefore described portion, so required, of said lots of land and for all damages whatsoever that may be caused to him, the said by the passing over the said portion of land of the said Kailway. And at the same time your Petitioners by the said notarial notice duly notified the said that if the said offer of the said Company, your Petitioners, to pay him the said sum of money, — were not accepted, — that they, your Petitioners, thereby nominated and appointed of the parish of their Arbitrator to act for them and on their behalf, for the purpose of ascertaining the compensation to be paid to the said in respect of the said piece of land and damages, if any, as aforesaid. That by a written notification served upon the said Company, on the day of by the ministry of Notary Public, the said has refused to accept the said sum of money in compeuBation as aforesaid ; and further by the said written notification the Said has given notice to your Petitioners of the appointment by him of of the parish of as Arbitrator, for and on behalf of himself the said That the said Arbitrators appointed as aforesaid by the said Company, your Petitioners, and by tiie said respectively (have not) cannot (or do not) agree upon a third Arbitrator. Wherefore your Petitioners respectfully pray that you be pleased to name and appoint one of the Ollicial Arbi- trators to be a third Arbitrator to act, as such, with the in Expropriation. Quebec. 19; orapany, av to the einbefore land and d to him, over the II d at the al notice hat if the us, to pay ted, — that appointed behalf, for to be paid of the said 1 the said c, the said laid sum of her by the jpointment said said by the aid I cannot (or \y that you llicial Arbi- h, with the Arbitrators already appointed as aforesaid, in the estima- tion and appreciation of the actual value of the piece or parcel of land hereinbefore described, and of land herein- before described and of the damages, if any, that will accrue and be caused to the said by reason of the expropriation by your Petitioners of the said hereinbefore described piece or parcel of land for the purposes aforesaid. And your Petitioners will ever pray. Attorney for said Company Petitioners, ARBITRATOR'S AWARD. THE RAILWAY COMPANY, Expropriated. The day of before the undersigned Notary, appointed for the Province of Quebec, residing and prac- tising in Appeared 1. appointed by (the the First Part, o Aw* appointed by of Arbitrator, Eailway Company) of of Arbitrator, of Party Expropriated, of the Second Part, 3. And of Oflicial Arbitrator for the Dominion of Canada, and third Arbitrator appointed by the Honorable the Minister of Railways and Canals of the Dominion of Canada, under the Consolidated Railway Act of 1879, (section 9, sub- section IG) by virtue of an order of the Department of 1* 'Mil .Ml a' ai ■it ai el 196 Forms of Proceedings J:;:'i ■»- »•• ►••ii. I Arliitrators Award 111 Railways and Canals at Ottawa, dated the day of of the Third Part. Which said Arbitrators and third Arbitrator report and declare as follows : — That after notice given, according to law, to the said (the Railway Company) and to the said (the party expro- priated), we, the Arbitrators and third Arbitrator, met at on the day of and, being there duly sworn, in presence of the parties interested, we commenced pro- ceedings by visiting the land expropriated belonging to the said and described as follows : (here follows description of land). After having examined the papers of record produced by the said Company and by the said expropriated party, having sworn and examined a number of witnesses pro- duced by each party, the parties being represented by their respective Counsel, to wit : — the Railway Company by and the said expropriaiced party, by ; having obtained all the information necessary and having examined the said expropriated party, we are agreed (the said dissenting) that the said expropriated party has a right to the sum of as a fair compensa- tion for the strip of land above described and taken by the said Company for their Railway, this sum including all damages and any inconvenience caused by the expro- printion of the said property. We the said Arbitrators and third Arbitrator therefore accord to the said the said sum of which he has a right to rev.c"'^r from the said (the Railway Company.) The Arbitrators and third Arbitrator declare that they proceeded with the case upon different dates between the ill in Expropriation. Quebec, 19^ r report the said y expro- r, met at day of jworn, in ced pro- nging to follows : produced ed party, 38ses pro- rented by Company ; having I having re agreed the said as a right ompensa- takeii by inckiding he expro' therefore id sum of 1 right to that they ;ween the day of to the day of they having been days in all, in session. The papers concerning the present case of expropriation remain for reference annexed to the present award. The said (dissenting Arbitrator) declares that he does not concur in this award, and that he signs only to place his dissent r cord. Done and passea at etc. (Signatures of the three Arbitrators and Notary.) WARRANT OP POSSESSION. Under sec. 9, ss. 28. ProvinceofQuebec:|supEmOK COUET. District 01 ) The Honorable To the Slterijff- of the said District of Greeting Whereas on t e day of (The Railway Company) a body politic and corporate, having its principal office in the City and District of presented to me, the under- signed, one of the Judges of said Court residing in said District of a petition setting forth that the said Company were then engaged in and proceeding with the construction of a line of Railway, forming a portion of their Railway by law authorized, the said portion extending from, etc., etc.; and tliat, as appeared by the affidavit produced with said petition, the imme- diate possession of that certain piece or parcel of land belonging to of the Parish of in tlie County of aforesaid, farmer, was necessary to the said Company for the purpose of carrying on the cou- » a' ai ■I at 198 Forms of Proceedings I ??'»;: nil !*•;:'• •.,.11 55' r ■ "•! #*lt f.« ,^, »»! !>'Mill »•" I .,,1 Ii; "• 'f^»iiiiii Mitl If...- Warrant of pciyseseion . struction of the said portion of their said Eailway, which said piece or parcel of land was therein mentioned as comprising and consisting of a strip of land, etc., etc., and which said piece or parcel of land forms part of a cer- tain immovable property lying and being in the said Parish of and known and distinguished as lot number on the Official (or Cadastral) Plan and in the Book of Reference for the said Parish, according to law. And whereas in and by said Petition the said Com- pany further set forth thct they had adopted and ful- filled all the preliminary proceedings required by the provisions of the Consolidated Railway Act of 1879 to entitle them to, and therein and thereby prayed that I might grant my warrant to put the said Company in immediate possession of the said piece or parcel of land in said petition mentioned, and for which the said Com- pany had offered to pay to the said the sum of and of which said petition and of the presenting thereof, he, the said had due notice, the said Company therein and thereby declaring their willingness to give the security required by law to entitle them to such warrant. And whereas on the day of after hearing the said parties to said Petition, to wit, the said Company and the said I did grant the prayer of the said Petition, and ordered the said Company to deposit in the Bank of in the City of the sum of to the credit of the said Company and of said jointly and to await the further order herein. And whereas said Company has, as appears by the receipt fyled herein deposited said sura. These are there- fore to command you, the said Sheriff of said district of that you do put the said in Expropriation. Quebec. 199 •, which oned as itc, and f a cer- bhe said ished as idastral) Parish, Id Com- and ful- by the 1879 to d that I ipany in I of land lid Com- e sum of nd of the I thereby required after , the said grant the Company lathe Bailway Company in immediate possession of the said strip, piece or parcel of land so hereinbefore describe^ and required in the construction of said Kailway and that you do put down all resistance and opposition to such possession, and for so doing this shall be your authority. Herein fail not. Given under my hand and seal of said Court at in said distncfc of this day of CERTIFICATE OP BAITK CASHIER. I. the undersigned, Cashier of the ,S^"Au! ° certify by these presents that the Honorable Commissioner of Railways for the Province of Quebec, has to day deposited in this Bank, by the hands Qf the sum of > »"<* that this sum is at the joint credit of the said Honorable Commissioner of Railways and of « and that said sum will be pai only upon the order of the Superior Court for the district of Done and signed in duplicate at this ^*^y ®^ (Signature of Cashier). mil 41 •HI "HI Ml ail mi 3I» •8 by the are there- district of 200 Forms of Proceedings JTJDGE'S ORDEB. t.r- r; mil El; I '"'■■•• i,|in '•• »> mil i^iin! ! #?''h:'iiii) {""••■mi IS- It, ii.ll:,iliii ••"'•' mil Province of Quebec, District of No. } SUPEKIOE COURT. In Chambers. Present : — The Hon. Mr. Justice (Date) EAILWAY COMPANY, Petitioner, and Proprietor. Inasmuch as in obedience to an Interlocutory Judgment, rendered by me, the undersigned, the Honorable one of the Judges of said Court, the said Petitioner deposited in the Bank of on the day of the sum of to the credit of said Petitioner and said Proprietor jointly, but subject to the order of the Judge herein, as appears by the Deposit Receipt of said Bank duly fyled herein ; that by the award of the Arbitrators made herein, the compensation awarded to said Proprietor is less than that that the said Petitioner had declared its readiness to pay for the piece of land expropriated in this matter, and that after hearing the said parties by their respective Counsel, upon the Bill of Costs of Esquire, Attorney of said Petitioner, for his services, as well herein as before said Arbitrators, and presented to me for taxation, I have this day taxed the same at the sum of I do hereby order that the said Bank of from and out of the said sum of so deposited as aforesaid, do pay to the said Petitioner, Railway Company, the sum i : I 1 91 in Expropriation. Quebec. 201 of to the end that the said (Attorney) be paid the amount of his said Bill of Costs so taxed by me as aforesaid. Dated at this day of 18 (Signature of Judge. JUDGE'S ORDER. Province of Quebec, District of SUPEEIOR COURT. In Chambers. RAILWAY COMPANY, Petitioners and Expropriating Party, and Proprietor and Expropriated Party. (Date) Inasmuch as by the award of the Arbitrators made herein, the compensation awarded to said Proprietor is less than that that the said Petitioner had declared its willingness to pay for the piece of land expropriated in this matter, that by my order herein of date day of I ordered the Bank of to pay over to the said Petitioner the sum of out of the sum of deposited by said Petitioner in said Bank, on the day of to the credit of said Petitioner and said Proprietor jointly, but subject to the order of the Judge herein ; that on the day of after due notice to said Proprietor, the bill or account of the following parties, to wit, that of amounting to the sum of that of amount- ing to the sum of for their services and expenses as Arbitrators herein, were presented to me for taxation ; ft •II w Ml 202 Forma of Proceedings iill '**■■'■;::! 3S' "'111!;; ir""''M»)i' i III HI Nl Ml N) N) gi itk 206 Forms of Proceedings 4. Application will be forthwith made in accordance with the notice endorsed hereon. Dated at day of 18 iO Solic'lors for Railway Company. matrix'."*' •*•*» •, ,llt "' n«ll \ <-«:::::; 5SM •■:•;:■ »•'"»•■- , ':'•' ..I I ^■^ 7! I »"••■••• .M I »• ail |»""»l'l , Railway Company and and of the Township of part of • L^<^ number in the Concession of the Township of I of the of in the County of make oath and say as 208 Foiwis of Proceedings "?5»:;ji!ii X\ ■III' »»■ ^ 4*1 : •mi '"• ■ «;■' '-I I »•'""' ..,1 1 '—■".Mil |I»*H||;;»„M \r •""'" '-,11 I5;:*'«:i;ii {•ri.l!|||,M '-"•Mini; follows : Affidavit. 1. That I am of the Railway Company, and am acquainted with the state and position of the Company's work, and what is re- quired in respect of the same. 2. That the Company require immediate possession of the lands above mentioned, and which are shown on the maps and plans and book of reference, duly filed with the Clerk of the Peace for the said County; and that such possession is necessary to carry on a part of the said Railway with which the Company are ready to forth- with proceed. 3. That a notice of arbitration, and a surveyor's cer- tificate under the provisions of the Railway Act, have been duly served on the said and the amount mentioned in the said notice and certifi- cate was tendered to the said but he refused to accept the same, and stated tliat he would resist the said Company taking possession of the said lands. 4. That the said Company are ready to give security to the satisfaction of the Judge of the County Court, in accordance with the provisions of the Railway Act. Sworn before me at tiie "] in the County of • L day of A.D., 18 I A Commissioner of the Court of B, It, d'C. I in Expropriation. Ontario. 209 WABRANT FROM JUDGE OF THE COUNTY COURT. to wit: \ County of "^ In the matter of the Railway Company of in the Township, of and part of Lot number in the Concession of the Township of I, of the Esq., Judge of the County Court of the County of to of the of the said County, send Greeting : By virtue of the special Acts incorporating said Com- pany, and of the authority in me vested by the Railway Act, and being satisfied by affidavit in that behalf that the immediate possession of the lands- mentioned in the notice, served on the said on the day of A.D., 18 and hereinafter specified, is necessary in order to carry on some part of the Railway of the Railway Company, with which the said Company are ready forth- with to proceed, and the said Company having given security to ray satisfaction, in a sum double the amount mentioned in the said notice, to pay or deposit the com- pensation to be awarded in respect of the said 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 the Company, I command you that without delay you do put the Railway Company, their agent and servants, in possession of that part of Lot in the Concession of the Township of in the County of siiown on the map or plan of said Railway and required by the said Coni[)any N II I) M II II a* 210 FoTTns of Proceedings for the purposes of their Railway, and put down all resist- ance or opposition thereto, taking with you sufficient assistance for such purpose. Dated the day of A.D., 18 Given under my hand and seal Judge of the County Court of the County of m -\''" €:::••■:■■■. '•■■•■■■• "" ii*m ir*'-. ••"1. ,,„,„ BOND. Know all men by these presents, that held and firmly bound unto of the of in the County of in the sum of dollars of lawful money of ^Canadc^, to be paid to the said executors, administrators and assigns, for the payment of which sum, to be well and truly made, bind heirs, executors and administrators, firmly by these pr«'- sents, sealed with my seal and dated this day of one thousand eight hundred and Whereas, the Railway Company require, for the purposes of their Railway, certain lands in the Township of in the County of belonging to the above-named particularly described in tlie notice served on the said on behalf of the Railway Company, dated the day of oi»e thousand eight hundr«'d and And whereas, the said parties are unable to agree upon the amount of compensation to be allowed to the said for the said lands, and such amount is about to be determined by arbitration, in accordance with the Statute in that behalf. And whereas, immediate possession of the said lands is necessary, to enable the said Company to carry on part in Expropriation. Ontario. 211 resist- ifficient 18 of the iioney of yment of 1 lese pn*- hundred r require, k in the rticularly ny, dated laud eight ^rec upon • the said h amount ccordance laid lands 'y on part of the said Eailway, and with which the said Company Bond. are ready forthwith to proceed. And whereas, Judge of the County of ■ hath required the said to give the said security for the pay- ment of the compensation to be awarded to the said in pursuance of the twenty-first sub- section of the Eleventh section of " The Eailway Act." Now the condition of this obligation is such, that if the said Eailway Company shall well and truly pay to the said the amount of compensation which shall be awarded by the said arbi- tration, within one month after the making of the said award, with interest from the time at which possession is given to the said the Eailway Company, and with such costs as may be lawfully payable by the said Company ; then this obligation to be void, other- wise to remain in full force and virtue. Signed, sealed and delivered, in presence of County of ] I, of the to wit : > of in the County of J make oath and say that I was present and did see the foregoing bond duly signed, sealed and executed by the obligor therein named, and that I am a subscribing witness to the due execution thereof. Swoin before me, at the "^ Q§ in the County o' I this day of 18 II i» II II II I* <«i C^irtt ufl^ tT.i:: :'f ??m: 3!' »•"« €::; ••till •r.lltl 55'T 4fllll' ■••III*' *tt».*. •niHif #1(1? -.:i, ,i |-» -' ;* JSI. ■:'J' i;^ 7\\* « ■•->. ■ », MM # •nwi -ill f •NO (*"*< ••«-,-. W)|rtlll »••••• ■IPltlM iSlf. ■ ■1 (r» *».irti »»-•„ •«..'«. >««l, ;„;iii Ij 212 County of Forms of Proceedings "II, • of the to wit: )■ of J in the County of make oath and say: the obligor in the within ' That I am '•.•... i< nfintioned. ^. nuat T am a freeholder in the County of rnd that I am worth the sum of of law- ful 1. ney • Canada, over and above what will pay all my just tiebt-^, ii.id every sum for which I am now bound. Sv^^orn before me, at the "^ of in the County of I this day of f NOTICE OP APPLICATION TO JUDGE For Appointment of Third Arbitrator. County of to wit : Whereas ") In the matter of the y Railway Company and J and Arbitrators, respectively appointed by the parties hereto, are unable to agree upon a third Arbitrator to act with them in this matter. You are hereby requested to take notice that appli- cation will be made to His Honor, the Judge of the County Court of the County of at his Cliambers in the Court House, in the in the said County, at noon, on , the day of , A.D. 18 , to nominate and appoint such lliird Arbitrator in accordance with the Statute in such case made and provided. Dated this day of A.D. 18 To and \ Solicitors fur Raihvay Company. Attorney. in Expropriation. Ontario. 213 APPOINTMENT OP THIRD ARBITRATOR. County of r In the matter of the to wit : -| Railway Company and and part of Lot number in the Township of in the County of The Arbitrators herein duly appointed by the Eailway Company and above named, being unable to agree upon a third Arbi- trator, and due notice having been given under the provisions of the Eailway Act, and on the application of the Company, I Judge of the County Court of the County of by virtue of the authority in me vested by the provisions of the Eailway Act, do hereby appoint of to be the third Arbitrator herein. And I do hereby direct that the said Arbitrators shall make this award on or before the day of A,D., 18 AWARD. The Eailway Company. Know all men by these presents, that of being the Arbitrators appointed pursuant to the provisions of the Statutes relating to the Eailway Company, having duly taken upon ourselves the duties of our said office, and having proceeded conformably to said Statutes to ascertain the compensation to be paid by said Com- pany for the following parcel of land, taken by the said Company for the purpose of its Eailway, that is to say- do hereby order, award and adjudge that the sum of dollars shall be paid by this Company, as and for and in full of such compensation for the said land and all damage la respect thereof. I k 214 Forma of Proceedings '•"» ...I As Witness our hands and Seal this of A.D. 18 Signed, sealed and delivered, in presence of day ! AGREEIOSNT FOB BIGHT OF WAY. &o. This agreement, made this day of in the year one thousand eight hundred and between of the of in the County of and the Kailway Company, as follows : 1. The said agrees to sell and convey to the said Company, by a proper Deed, with Bar of Dower, and free from incumbrances, so much of Lot number in the Concession of the Township of in the County of as is taken or required by the Company for its line of Railway, and containinf. acres, more or less, for the sum of being the price of the said land, and all damages in respect thereof. 2. The Company agrees to prepare, at its own expense, the necessary Deed of said land, and to pay the said sum of within days from this date. 3. The Company is at liberty to take possession of said land forthwith^ for the purposes aforesaid. Witness, IHII in Expropriation, Ontario^ 216 CONVEYANCE OF RIGHT OP WAY. [IK DUPLICATE.] Know all men by these presents, that I of the of in the County of and Province of Ontario, do hereby, in consideration of of lawful money of Canada, paid to me by the Railway Company (the receipt whereof I do hereby acknowledge), grant and confirm to the said Company, its successors and assigns for ever, all that certain parcel of land situate in the of in the County of and Province aforesaid, being all that portion of Lot number in the Concession of the Township of containing, by admeasure- ment acres and hundredths of an acre more or less which is taken for the line of the said Railway, as appears by the Map and Book of Reference, filed in the office of the Clerk of the Peace, of the said County of for the purpose of their Railway And I, the wife of the said do hereby release my dower on the said lands. As witness hand and seal this day of one thousand eight hundred and Signed, sealed and delivered, in the presence of } County of /-I, of the to wit : J of the County of ( make oath and say : 1. That I was present and did see the within instrument and duplicate duly signed, sealed and executed by the part thereto. iSI;:: 216 Forms of Proceedings 2. That the said instrument and duplicate was executed at 3. That I know the said part 4. That I am a subscribing witness to the said instru- ment and duplicate. Sworn before me at the of in the County of this day of 18 } itti BY-LAW REGARDING THE COMMUTATION OP TAXES. Whereas, to prevent differences between the Township of on the one side, and the Railway Company on the other, in reference to assess- ment and taxation of the said Company's property in the said Township, it is desirable that a fixed sum shall I e agreed upon to be paid yearly by the said Company to the said Township in respect of such taxes. And whereas, by an Act of the Legislature of the Province of Ontario, it is lawful for the Corporation of any municipality, through which any line or branch of the Railway has been constructed, to agree to a certain sum per annum, 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 for such term of years as such municipal corporation may deem expedient. And whereas the Corporation of the said Township has agreed to accept the sum of dollars, to be payable in each year for years from the first day of January, 18 in lieu of taxes as hereafter provided. Be it therefore enacted, that the annual sum of dollars be accepted by the Corporation of the Township of for each of the years by way of commutation and in lieu of all and every municipal in Ex'^O'priation. Ontario. 217 rate, or rates, or assessments, and of all school, county By JjJ^^ ^^^ and local improvement, or other rates or assessments, that commutation have been or can be imposed by the Municipal Corpora- «f Taxes, tion of the said Township during each and every of the years aforesaid upon or in respect of the real estate, property and effects, whether at present in possession, or owned, or hereafter to be acquired of the said the Railway Company. And be it further enacted, that if the said Company shall fail or refuse to pay the said sum of dollars in each of the said years, the officers of this Cor- poration are authorized to assess and collect taxes upon the properties of the said Company in the ordinary way as if no commutation had been made. Bead a third time and passed in Council this day of A.D., 18 Reeve. Clerk Seal of Municipality. ••If . 'iX. • •H '■«;; INDEX. In the following Index, Prin. p. indicates Principles of Canadian Ry. Law, page Ry. Act refers to Consolidated Railway Act 1879 as amended. ACCIDENTS, notice of, must be given to Railway Committee, Ry. Act, sec. 51. special returns of serious, should be made, Ry. Act, sec. 66. and disualties, semi-annual returns to be made of, Ry. Act, sec. 55. returns of, are privileged communications, Ry. Act, sec. 58. prevention of, by apparatus for stopping trains, Ry. Act, sees. 72, 73. precautions to be taken at road crossings, Ry. Act, sees. 74, 75. in passing through towns or when arriving, Ry. Act, sees. 76, 77. foot-passengers to use bridges when provided, Rj. Act, sec. 78. precautions as to cattle. iSiee Cattle. ^^ • returns of, 44 V., c. 24, sched. ACCOUNTS, to be submitted yearly to Parliament, Ry. Act, sec. 28, sub. 7. Parliament may require further details, Ry. Act, sec. 28, sub. 8. ACT, APPLICATION, part first of this, Ry. Act, sec. 2. part second, Ry. Act, sec. 4. on certain enactments in, Ry. Act, sec. 100. to Prince Edward Island, British Columbia, and North-West Territories, Ry. Act, sec. 101. ACTS REPEALED, saving clause, and how Ry. Act shall be construed, Ry. Act, sec. 102. ACTION to recover calls, Ry. Act, sec. 20, sub. 6. to recover calls estopped by forfeiture of shares, Ry. Act, sec. 20, sub. 11. against shareholders for debts of Company, execution against Company must precede, Ry. Act, sec. 23. against Company, for refusal to carry passenger or goods, Ry. Act, sec 26, sub. 4. against Company for refusing to check baggage, Ry. Act, see. 25, sub. 6. who may bring, against carrier for damage to goods during transit. Prin. p. 46. carrier has, against, any one taking goods out of his possession or dam- aging them. Prin. p. 41. 220 INDEX. ss of loss. 3tion eatos cing }. DAiiAQES— Continued. but special damage must be proved. Do. and passenger must show that he bought bis ticket before time fixed for starting. Do. question of quantum of, rests much in discretion of jury. Prin. p. 55. but only one action can be brought for damages, present and prospec- tive, for injury to passenger. Do. they must be the legal, direct and necessary result of injury. Do. and if prospective should not be conjectural. Do. but jury may regard effect of Injury in future upon mind, health, use of limbs, ability to work, etc. Do. evidence may be offered of expense of cure, and loss of services sinoe commencement of action. Do. jury may give exemplary, when there is gross negligence in train man- agement. Do. new trial on ground of excessive. Do. where jury have been manifestly actuated by passion, partiality, cor- ruption or prejudice. Prin. p. 56. where plaintiff illegally expelled from cars ; $1000 held excessive. Do. In Ontario case, £6,178, held excessive for bodily injury. Do. £5,000, considered too much for a blacksmith. Do. $6,000, for a broken leg of which party recovered in eight months. Do. but where $1,000 was given architect for damage by accident, held not excessive by Privy Council. Do. and where plaintiff disabled for two years and injuries likely to be permanent $4,500 held not exorbitant. Do. £3,000 held not excessive for widow and three children. Do. bodily pain and suffering, caused by accident for which defendant is responsible are legitimate elements to be considered by jury. Do. juries should not shut their eyes to public example of their verdicts Prin. p. 57. must be necessary and natural result of wrongful act. Do. thus spinster cannot ask additional damage on account of her matri- monial chances being lessened. Do. and where passenger had in his possession, unknown to defendants, package of money which was lost at time he was accidentally killed, held that owner could not recover for it. Do. plaintiff claiming for loss of time or business, may prove nature, extent and probable profits. Do. passenger wrongfully expelled from cars may claim. Prin. p. 59. rule of damages in this case, for actual injury, loss of time, pain of body, money paid to physicians, or injury to feelings. Do. passenger carried past station, may recover damages. Prin. p. 60. where goods are delivered to Company in a sealed car by connecting line. Company not liable for deficit in contents. Prin. p. 64. DAMAGING RAILWAY, punishment for, Ry. Act, sec. 87. and if with intent to injure persons or property, Ry. Act, sec. 88. by placing obstructions on track, &o., Ry. Act, sec. 89. 232 INDEX. 'Si''" , ' DAMAGING RAILWAY— C7onP5 ST''" »•>■"■ l«. m ENGINEERING SUPERINTENDENCE, expense of, returns of, 44 V., c. 24, scbod. ERROR corrected in sec. 17 of Ry. Act, by 44 V., c 24, s. 1, as. 2. EVIDENCE of absentees, in appeal, in ticket-selling complaints, 45 V., c. 41, s. 8. EXECLTION against Railway Companies. Priu. p. 62. EXECUTORS, &o., may convey lands to Company, Ry. Act, sec. 9, sub. 3. power to convey land limited, Ry. Act, sec. 9, sub. 4. EXPENSES, operating, returns of, 45 V., c. 24, scbed. EXPRESS COMPANIES, all to be allowed equal facilities, Ry. Act, sec. 60, sub. 3. EXPROPRIATION. Vide Arbitration. lands which may be expropriated, limited to thirty-three yards ia breadth ; except in places where Railway is raised more than five feet higher, or cut more than five fc«t deeper than surface of line. Prin. p. 10. may be larger, for stations or protection against snow drifts. Do. compensation in cases of. Do. claim for damages in consequence of intrusion of noise and bustle, anti-social. Prin. p. 11. danger by fire from engines to be considered in estimating damages. Do. in absence of statutory provision, Company not liable in England and the U. S. for necessary damages to land owners no portion of whose land is taken. Do. fact that Railway is on public street does not alter this rule. Do. French authorities against Company in all questions of damage, through legitimate use of Railway. Prin. p. 12. EXTENSION OP TIME on tickets limited, 45 V.. c. 41, s. 10. EVIDENCE, returns by Railway not to be, in Court, Ry. Act, sec 34. FARE, passenger refusing to pay, may be put out, Ry. Act, see. 25, sub. 12. FENCES, inspecting Engineer may at all times examine, Ry. Act, sec. 46. on each side of bridge carrying highway over railway, Ry. Act, sec. 16, sub. 4. Company to erect on each side of railway, within three months, Ry. Act, sec. 10. &c., until made, Company liable for damages to cattle, &c., on railway, but not afterwards, Ry. Act, sec. 16, subs. 2, 3. Snow, Company may enter lands after 1st November, to erect, must bo removed before 1st April, Ry. Act, sec. 16, suh. 6. Company not bound to maintain, so as to make them liable to their own servant, for their default. Prin. p. 21. Cannot shift upon others by contract their legal liability to maintain. Prin. p. 22. in Ontario, suh. lessee not bound to fence. Prin. p. 22. landowner, bound by contract to maintain his own fences, cannot recover of Company. Prin. p. 22. Company not absolutely bound to fence, as regards their passengers. Do. INDEX. 235 iLod. s. 8. k3. FEUfCES— Continued. Company not responsible for damage at points not properly admitting of being fenced. Prin. p. 23. Where fence destroyed by tire or vis major is repaired in reasonable time, Company not liable for damage during interval. Prin. p. 23. Barbed wire, not a public nuisance in Ontario. Do. but damages suffered through, recorerable in Quebec. Do. FINES AND FORFEITURES, how recovered, Ry. Act, see. 27, sub 2. how applied, Ry. Act, sec. 27, sub. 3. And see Penalty. FIRES, Damages by. Prin. p. 16. Fact of premises being fired by sparks emitted from passing engine, prima facie evidence of negligence against Company. Do. where caused by dropping of coal upon tracli. Company must exert them- selves to extinguish it. Do. and they must keep track free from combustibles. Do. If Company resort to all known precautions against, they are not liable in England, Ontario, or the U. 9. Do. but law in Quebec is that Company is responsible, notwithstanding adop- tion of all precautions known to science. Prin. p. 18. defendants only responsible for immediate consequences of fire from their engines. Do. FIXTURES, MACHINERY, Ac, Company to have power and authority to erect or purchase, Ry. Act, sec 7, sub. 8. extra breadth of land allowed for, Ry. Act, sec. 9. PLOATINQ DEBT stated in returns, 44 V., c. 24, sched. FORCE, coming into, of Passenger Ticket Act, 45 V., c. 41, s. 11. FORCES, Her Majesty's, enactments made by Parliament for carriage of, not to bo Hoemed infringement of privileges of Company, Ry. Act, sec. 28, sub. 4. FOREIGN railway companies, tickets of, 45 V., c. 41, s. 3. FORFEITED or unsubscribed shares, directors may sell or pledge, Ry. Act, see. 20, sub. 12. FORFEITURE OP SHARES on non-;)ayment of calls, Ry. Act, sec. 20, t b. 9. to bo declared at general meeting, Ry. Act, sec. 20, sub. 10. to indemnify against actions for breach of contract, Ry. Act, sec. 20, sub. 11. certificate of, from Treasurer, to be title and evidence, Ry. Act, sec. 20, sub. 13. by Company, of privileges, by contravention of Act, Ry. Act, sec. 27, sub, 4. FORM of returns (amended) in schedule, 44 V., o. 24, s. 2. FORMS, of proceedings in expropriation, Quebec, p. 187 of proceedings in expropriation, Ontario, p. 205 FRAUDS respecting passenger tickets, 46 V., c. 41, s. 3. 236 INDEX. rr-4 FREIGHT, &o. cars not to be in rear of passenger cars, Ry. Act, sec. 25, sub. 8. carried, returns of, 44 V., c. 24, sclied. cars, limit of height of, 44 V., c. 24, s. 3. carting of, incidental to business of Railway Oompaniea as common car- riers, in Quebec. Prin. p. 1. carriers, lien for, see Lien. carriers any demand, in advance. Prin. p. 46. owner may deduct amount of injury to goods in transit from. Do. right to, for part performance. Do. FRENCH VERSION, error in, of Ry Act, sec. 61, amended, 44 V., c 24, s. 6. a GATES, sliding or hurdle, at farm crossings, to be erected if required, Ry. Act sec. 16. Inspecting Engineers may at all times examine, Ry. Act, sec. 45. QLEBE LANDS, Rectors in possession of, in Ontario, powers over, limited as to conveyance to Railway Company, Ry. Act, sec. 9, sub. 4. GOODS, Interpretation of word, Ry. Act, sec. 5, sub. 9. may be seized and detained until payment of toll therefor, and to be at owners' rislc, Ry. Act, sec 17, sub. 2. detained for non-payment of tolls, may bo sold after six weeks, — sur- plus money or goods to be returned to person entitled, Ry. Act, sec. 17, sub. 3. unclaimed after 12 months, may be sold by Company, by auction, after notice, Ry. Act, sec. 17, sub. 4. trains to furnish sufficient accommodation for, Ry. Act, sec. 25, sub. 2. to be taken, carried and discharged, on payment of legally authorized toll or freight, Ry. Act, sec. 25, sub. 3. dangerous. See Dangerous. GOVERNMENT LOANS or bonuses, returns of, 44 V., c. 24, ached. GOVERNOR, bj?-laws subject to approval of, &c., Ry. Act, sec. 24, sub. 2. may cause line of telegraph to be made along line of railway for use of Government, Ry. Act, sec. 28, sub. 3. may appoint Railway Committee from Privy Council, Ry. Act, sec. 35. may sanction order of Railway Committee to postpone opening of railway, Ry. Act, sec. 39. alterations in railway or rolling stock, required by Railway Com- mittee, subject to approval of, Ry. Act, sec. 42. to sanction action of Railway Committeo on order of Engineer for* bidding running of trains, Ry. Act, sec. 44. on Report of Railway Committee, may order permanent bridges to be substituted for moveable bridges, Ry. Act, sec. 47. may sanction order of Railway Committee, requiring Com|)any to carry road crossed by railway under or over it, Ry. Act, sec. 48. in Council to approve of maps and plana indicating location of braucb line, Ry. Act, aeo. 7, aub. 18. INDEX. 237 GOVERNOR— (7on/mM«i. in Council may revise by-laws of Company, fixing tolls, Ry. Act, sec. 17, sub. 10. in Council, by-laws, imposing or altering tolls or affecting others ttian employees subject to approval of, Ry. Act, sec. 17, sub. 12. in Council to make regulations for carriage of H. M. Mail, Naval or Military Forces and Militia, Ry. Act, sec. 28. in Council may require Company to place electric telegraph exclusively at disposal of Government, Ry. Act, sec. 28, sub. 2. may exempt bridges and tunnels from provisions respecting headway over freight cars, 44 V., c. 24, s. 3. may require other information and returns than those set forth in the Acts, 44 v., c. 24, s. 2. to approve of bridges authorized by Provincial Acts, 46 V., c. 37, s. 1. his order or approval annulled by Parliament, 45 V., c. 37, s. 8. GRADIENT, to reduce, location of line may be changed, Ry. Act, sec. 7, sub. 19. GRANTS and donations of lands, power to receive and bold, Ry. Act, sec. 7, sub. 1. GRAVEL, &c., required for railway, proceedings for obtaining lands on which they are situated, Ry. Act, sec. 9, subs. 38, 39, 40. GREVES DE SUBSTITUTION, dtc, may convey lands to Company, Ry. Act, sec. 9, sub. 3. GUARDIANS, i&c., may convey lands to Company, Ry. Act, sec. 9, sub. 3. HEADWAY of seven feet in bridges and tunnels above highest freight cars, 44 v., c. 24, s. 3. HIGHWAYS, word interpreted, Ry. Act, sec. 5, sub. 11. inclination of ascent or descent of approaches not to be greater than one in twenty, 47 Vic, c. 11, sec 10; Ry. Act, sec. 15, sub. 4. IDIOTS, &c., infants, issue unborn, persons representing, may convey lands to Company, Ry, Act, sec. 9, sub, 3. INCORPORATION of Com mnies under Special Act, Ry. Act, sec. 6, INCUMBRANCES on lands taken by Company, how cleared off, Ry, Act, sec. 9, subs. 30 to 37. INDIANS, case of railways passing through lands belonging to, Ry. Act, sec. 9, sub. 37. INFORMATION in case of unauthorized sale of tickets, 45 V., c. 41, s. 6. INJURY, Uiimages. INJUNCTION, shareholders may interfere by way of. Prin. p. 1. Sbareliulder cannot obtain, forbidding special meeting for the purpose ot sanctioning lease of road. Prin. p. 2, INSPECTION, not to relieve Company from liability, Ry. Act, sec. 52. of Railways, Hee Railway Committee, Ry. Act, sec. 35 el tequen. 238 INDEX. iifi r-- ••Nil* INSPECTION of Railways, penalty for obstructing, Ry. Act, sec. 92. INSURABLE INTEREST, carriers have, in goods. Prin. p. 47. may recover full value of goods destroyed. Do. no answer to action of damages for goods lost, that they have already been paid for by insurer. Do. INSURER, Carriers of goods liable aa. Prin. p. 33 . Carriers of passengers, not so liable. Prin. p. 48. INSURANCE paid to a man's family probably good reason for reducing amount of damages. Prin. p. 54. INTERCOLONIAL RAILWAY, Part First, to apply to, Ry. Act, sec. 2. Part Second, to apply to, Ry. Act, sec. 4. NTEREST on loans to Company, not to exceed 8 per cent, per annum, Ry. Act, sec. 7, sub. 12. on compensation paid into Court to be returned to Company, and when additional required to be paid, Ry. Act, sec. 9, subs. 33 to 3G. unpaid call liable to, Ry. Act, sec. 20, sub. 4. may be paid on paid-up calls until Railway is completed, Ry. Act, sec. 21, sub. 4. none to be paid on any share while call remains unpaid, Ry. Act, sec. 21, sub. 6. &c., on transferred shares when paid to purchaser, Ry. Act, sec. 22. INTERPRETATION of words and expressions in this Act and Special Act, Ry, Act, sec. 5. INTOXICATED Engineer or Conductor, to be guilty of misdemeanor, Ry. Act. sec. 25, sub. 11. J JUDGE, County, provision if he is interested in lands required, Ry. Act, sec. 9, sub. 14. of any of Superior Courts, to exercise powers given to County Judge, if latter is interested in lands required. Do. " JUSTICE," word interpreted, Ry. Act, sec. 5, sub. 13. JUSnCES, two, may correct description, &c., of lands in map, &c., after notice to ownerd, Ry. Act, sec. 8, sub, 5, and grant certificate of correction, Ry, Act, sec. 8, sub. 6. of Peace may appoint railway constables on application of Directors or authorized agents of Company, Ry. Act, sec. 61. jurisdiction over ticlcet-selling cases, 46 V., c. 41, B. 6. , LANDS, interpretation of word, Ry. Act, sec. 5, subs. 3, 6. public, wild, and beaches, power to occupy, Ry. Act, sec. 7, sub. 3. public (Naval and Military Reserves), power to occupy, Ry. Act, sec. 7, Bub. 4. INDEX. 239 llready Lmoiint r. Act, i when ct, sec. ct, sec. 22. LCt, Ry, y. Act. , sec. 9, dge, if itice to on, Ry. tors or sec. 7, LANDS— Coniat or lioa. luld PURCHASE MOXEY, Company not responsible for disposition of, Ry. Act, sec. 9, sub. 6. % QUARRY, branch, to connect with main or branch line, Ry. Act, sec. 7, sub. 18. QUORUM of Directors to exercise powers of whole, Ry. Act, sec. 19, sub. 12. act of majority of, to be act of Directors, Ry. Act, sec. 19 sub. 13. RAILS, one or more lines of, may be laid, Ry. Act, sec. 7, sub. 7. not to rise more than one inch from level of highway, Ry. Act, sec. 15. RAILWAYS, Ministers of Railways and Canals, 42 Vic. cap. 11, sec. 12, p. certain, to he subject to part 2 of this Act, Ry. Act. sec. 4. certain, declared to be for the general advantage of Canada, 46 Tic. cap. 24, sec. 6, p. 169. RAILWAY, penalty for opening contrary to order of Railway Committee, Ry. Act, sec. 40. Company not bound by order unless notified, Ry. Act, sec. 41, •'RAILWAY, THE," interpretation of expression, Ry. Act, sec. 5, sub. 16. RAILWAY, cost of; returns of, 44 V., c. 24, sched. Committee to approve of plans of bridge built under Provincial Acts, 4 v., c. 37, 8. 1. Committee, additional powers vested in, 47 Vic. cap. 11, sec. 7, p. 131. Committee deposit of plans of Provincial bridge with, 45 V., c. 37, s. 2. Committee order of, may be annulled by Parliament, 45 V., c. 37, s. 8. Act (consolidated), 1879, s, 71, repealed, 45 V., c. 37, s. 10. Company may appoint agents for sale of ticliets. 45 V,, c, 41, s, 7. station agents, sale of tickets by, 45 V., c, 41, s. 7, incorporated by Provincial Legislnture, certain provision to apply to, Ry. Act, sec. 7, sub. 16, and tolb, cbargc.ble for rent or purchase money, Ry. Act, sec. 9, sub, 9. commencement an I completion of, Ry. Act, sec. 28, sub. 6. not to be opened until after one month's notice, Ry. Act, sec. 37. penalty for opening ^rithout notice from Railway Committee, Ry, Aet sec. 38. Inspecting Engineers may examine, Ry. Act, sec. 45, Company, &c., to afford necessary information, Ry. Act, sec. 46. interpretation of word, as respects traffic, Ry. Act, sec. 60, sub. 6, Inspection Fund, Ry. Act, sec. 97. Constructed under Special Act of Parliament of Canada, to be governed by this Act, unless excepted by Special Act, Ry. Act, sec. 2, sub. 2. RAILWAY COMMITTEE, the approval of, of mode of crossing, intersection, tic, with other lines must be obtained, Ry. Act, sec 7, sub. 16. 248 INDEX. MM-n II II I If 1; '■ ' L ^^ili RAILWAY COMMITTEE-ConimMfii. Governor may appoint from Privy Council, Ry. Act, sec. 35. to appoint Chairman and Secretary, Ry. Act, sec. 36. may condemn railway, &c., order alterations in works, Ry. Act, sec. 42. may postpone opening of railway, Ry. Act, sec. 39. to fix form of record, appointment, &c., Ry. Act, sec. 61, sub. 4. consent of, must be obtained before substituting moveable bridge for permanent bridge, Ry. Act, sec. 47. may require highway to be carried over or under railway, Ry. Act, sec. 48. to settle dispute between Municipality and Company as to level crossing out of repair, Ry. Act, sec. 49. may regulate speed of trains, times of running, Ry. Act, sec. 50. orders of, what to be deemed suflBcient notice thereof, Ry. Act, sec. 54. to have powers of Board of Railway Commissioners, under Chap. 66, C.S.C, Ry. Act, sec. 59. with sanction of Oovernor>in-Gouncil may confirm or disallow order of Engineer, forbidding running of trains, Ry. Act, sec. 44. RAILWAY CONSTABLES, appointment of, Ry. Act, sec. 61. See Constables. RECORDS, as against Company, and members present at meeting, minutes of directors will be held prima facie correct. Prin. p. 31. RECTORS, powers limited as to glebe lands in Ontario, Ry. Act, sec. 9, sub. 4. REDEMPTION of unused tickets, 46 V., c. 41, s. 9. of unsued tickets, time for, limited, 45 V., c. 41, 8.9. REGISTRY office of city, county, &c., deposits in, of maps, &c., Ry. Act, sec. 7i sub. 18. RENT, offer to pay, to be made to opposite party, Ry. Act, sec. 9, sub. 12. on interest of purchase money, to be working expense, Ry. Act, sec. 85. REPAIRS, returns of expenses for, 44 V., c. 24, scbed. &c., to bridge already built, proviso, 46 Y., c. 37, s. 11. REPEAL of former Act? and saving clause, Ry. Act, sec. 102. of Ry. Act, B. 71, 45 V., c. 37, s. 10. REPORT, published, must agree with the i«turns, 44 Y., c. 24, sched. RETURN, false, penalty for, Ry. Act, sec. 32. semi-annual, of accidents to be made to Railway Committee, Ry. Act, sec 55. what to set forth, Ry. Act, sec. 56, subs. 1, 2, 3, 4. RETURNS of capital and traffic and working expenditure to bo annually forwarded by Company, Ry. Act, sec. 30. weekly, of traffic to be forwarded, &c., and posted in head office of Com- pany, Ry. Act, sec. 31. to Itx^ privileged communications, Ry. Act, sec. 34. special return of serious accidents to bo made, Ry. Act, sec. 06. Railway Companies, form of, schedules 1 and 2. of accidents to be privileged communications, Ry. Act, sec. 58- of ti-affic, Sic.f amended provisions as to, 44 Y., c. 24, s. 2. INDEX. 249 le for |c. 48. Issing (4. REVENUE and expenditure, returns of, 44 V., c. 24, sched. RIGHTS of Her Majesty and others, not affected except us mentioned in Act, Ry. Act, sec. 28, sub. 10. RIGHT of retention. See Builder, Lien. RIVERS, &c., what extent of land covered by waters of, may be taken, Ry Acti sec. 9, sub. 2. and Canals. See Navigable waters, &c. RIVER, St. Lawrence, bridge over, 45 V., 37, s. 9. St. John, bridge over, 45 V., c. 37, s. 9. ROLLING STOCK, to be examined by Engineer directed by Railway Committee, Ry. Act, sec. 39. may be condemned by Railway Committee on report, Ry. Act, sec. 42. cost of, returns of, 44 V., c. 24, sched. RULES and Orders. See By-laws. s cap. SALE of railway to parties not having lef,al powers for working it, 46 Vic, 24, sec. 14, p. 159. SALES OF LAND, returns of, 44 V., c. rj4, sched. SALE of unused tickets, in whole or part, forbidden, 45 V., c. 41, s. 9. to Company by corporations, &c., to vest fee simple, Ry. Act, sec. 9, sub. 5. SCHOOL or church purposes, power of trustees limited, Ry. Act, sec. 9, sub. 4. SCHEDULE of yearly returns from railway companies, 44 V., c. 24, sched. SEALED CAR, goods in. Prin. p G4. Vide Damages. SEAL, necessity of contracts being under. Prin. p. 32. SECRETARY, certificates of, and their effect, Ry. Act, sec. 24, subs. 1, 3 and 4. notices by, to be evidence, Ry. Act, sec. 24, sub. 4. SECURITIES negotiated, returns of, 44 V., c. 24, sched. SEQUESTRATOR (Receiver). Prin. p. 62. in Quebec law regarding sequestration of property, does not extend to judicial sequestration of bodies corporate. Do. but, scmble, that if interests of shareholders are jeopardized at annual meeting. Court, pending suit, might appoint a Receiver, Do. receiver well-knunn in Ontario and in England. Do. SEIZURE. Vide Execution. SERVANT, Injury by fellow servant to. Prin. p. 26. Company not liable in Ontario, following English and American rule. Do, French law holds Company responsible for damage caused by one ser- vant to another in execution of common employment, Prin. p. 26. in Quebec, if fault in solerting, or continuing in places after proved incompetent, or in employing unsafe machinery, Company responsible. Prin. p. 27. 250 INDEX. MT'* tm^ ITS* SIS WWII. !U3 ma SERVANT— Con^mwerf. but if servant knew cf dftfect Company not liable. Rule applies to all |;iades. Do. Scotch law similar to French. Do. SERVICE upon Company cannot be at Station. Prin. p. „1. must be at principal office. Do. but see now Revised Statutes of Onvario, chapter 50, sec. 22. Do. SHAREHOLDERS, two-thirds of, to consent to traffic arrangements made between rail- way companies, Ry. Act, sec. 60. individual liability of, Rv. Act, sec. 23, account of names and residence entered in book, Ry. Act, gee. 23, sub. 3. majority of, cannot amend the charter and bind minority. Prin. p. 1. may increase capital stock to any amount by vote of at least two-thirds in amount of all the shareholders. Prin. p. 6. SHARES, forfeited or unsubscribed, Directors may sell or pledge, Ry. Act, sec. 20, sub. 12. forfeited, purchaser's title not aCFected by irregularity in proceedings, Ry. Act, sec. 20, sub. 13. mi.y be paid up in advance, interest allowed, Ry. Act, sec. 20, sub. 14. hofv transferred, dividend on, Ac , Ry. Act, sec. 22. form of sale, Ry. Act, sec. 22, sub 2. not transferable until all calls paid, Ry. Act, sec. 22, sub. 3. no transfer of a fraction of, Ry. Act, sec. 22, sub 3. transmission of, otherwise than by transfer, Ry. Act, sec. 22, sub. 4. Prin. p. 9. Vide Transfer, transfer of, must be in form given in Railway Act, and in duplicate. Prin. p. 6. company will be liable in damages, for not registering valid transfer of. Do. " SHERIFF," interpretation of word, Ry. Act, sec. 6, sub. 12. SHORT title of Act, Ry. Act, sec. 1. SIDING, this Act and amending Acts to apply to, Ry. Act, sec. 7, sub. 18. SKiNBOARDS at highway crossings, provisions respecting, Ry. Act, pec. 15, sub. 6. SINGLE journey tickets, lime may be extended by conductors, in order to stop SNOW, over, 45 V., c. 41, s. 10. stoppage by. Prin. p. 61. Company bound to use reasonable exertion and go to extra expense, to forward passongors through snow blockade. Prin. p. Gl. but not HO to forward cattle. Do. SNOW-FENCES, when may be erected and when to be removed, Ry. Act, sec. 16, sub. 6. SPECIAL ACT, this Act to bo incorporated with, unless varied or excepted, Ry. Act, see. 2, sub. 2. manner of oxcoptin^f parts from incorporation, Ry. Act, sec. 3. «< SPECIAL ACT, THE," interpretation of tho expression, Ry. Act, sec. 6, sub. 1. INDEX. 251 rail- lub. 3. thirds !C. 20, Prin. . Prin. )f. Do. siib. 6. stop ISO, to io. 16, t, 860. ub. 1. SPRING, branch to connect with, Ry. Act, sec. 7, sub. 18. ST. LAWRENCE RIVER, bridge over, 45 V., c. 37, s. 9. ST. JOHN RIVER, bridge over, 45 V., c. 37, s. 9. STATE.MENT in returns must agree with published report, 44 V.,c. 24, sched. STATEMENT, how far party's, is evidence. Prin. p. 58. of engineer in charge of train and made at time accident occurs, may be evidence of negligence against company. Do. as a rule to constitute part of transaction, statement must not only be made at time, but for purpose of qualifying some act then doing. Do. STATION, proceedings when more land is required for, Ry. Act, sec. 10. agents, sale of tickets by, 45 V., c. 41, s. 7. Company must announce audibly in each car, and allow passengers time to alight. Prin. p. 49 ; but passengers must use reasonable care in alight- ing. Do. pu,ssenj{er3 carried past, may recover damages. Prin. p. 60. train leaving suddenly. Prin. p. 61. passengers taking short cut to. Do. STATIONS, power to erect, Ry. Act, sec. 7, sub. 8. extra breadth of land allowed for, Ry. Act, sec. 9. or gravel pits, whole lots maybe purchased for, and portion not necessary may be sold, Ry. Act, sec. 9, sub. 40. Inspecting Engineer may at all times examine, Ry. Act, sec. 45. STATISTICS and returns, Ry. Act, sees. 29 to 34. STIPULATION, Limitation of liability by. Prin. p. 34. Courts do not favor repeal of common law responsibilities of carrier. Prin. p. 34. but right to so stipulate unquestionable. Do. exemption will not extend protection to carrier against his default or misconduct. Prin. p. 35. doctrine governing owner's risk of carriage. Do. such, throws burden of proof of negligence upon plaintiff. Do. unless condition of goods raises presuniplion of rough treatment. Do. Notice brought home to owner of goods equivalent to special contract. Do. but general notice useless, unless brought home to party interested and assented to. Do. burden of proof of qualification of common law responsibility rests with carrier. Do. not necessary to prove carrier's wilful misconduct, ordinary negligence sufficient to render him liable. Prin. p. 30. effect of notice to relievo carrier from liability as insurer, but still bound to carry safely. Do. where restriction printed in small letters on ticket not of mnch force as evidence of notice. Do. coii(lilioii.on form passengers may delay as long as con- venient at different chunging places. Prin. p, 60. 254 INDEX. S C/3 it TICKET— Con<<>iuei. ticket reading " good only for twenty days from date" infers a continu- ous journey. Do. Bill introduced into Ontario Legislature providing that notice on, limiting its use sbould be void. Do. passenger losing, must pay fare again, on ground of public policy. Do. TIMETABLE, Company liable in damages if train does not start according to. Prin p. 54. but special damage must be proved. Do. and passenger must show that be bought ticket before time fixed for starting of trian. Do. " TOLL," interpretation of word, Ry. Act, sec. 5, sub. 8. TOLLS, kc, power, &c., to regulate, for transport of persons, &c., Ry. Act, sec. 7, sub. 11. for passengers and goods transported to be fixed by by-law, Ry. Act, sec. 17. enforcement of payment of, Ry. Act, sec. 17, subs. 2, 3. on unclaimed goods to be paid out of proceeds of, Ry. Act, sec. 17, sub. 4. may be raised or reduced; Ry. Act, sec. 17, sub. 6. same, to be payable at same time, under same circumstances, upon all goods and by all persons, Ry. Act, sec. 17, sub. 6. fractions of a mile or ton, how reckoned in charging, Ry. Act, sec. 17, sub. 7. table of, to be posted where tolls are collected, Ry. Act, gee. 17, sub. 8. subject to approval of Governor in Council and publication in Canada Gazette, Ry. Act, sec. 17, subs. 9, 12. how altered by Order in Council, Ry. Act, sec. 17, sub. 10. may be reduced by Parliament by consent, Ry. Act, sec. 17, sub. 11. for carriage of Her Majesty's mail or forces, &c., enactmeuts by Parliament provision," respecting, Ry. Act, sec. 28, sub. 4. general tariff of, returns of, 45 V., c. 24, sched. special rates of, returns of, 44 V., c. 24, sched. TORTS, compliance with statutory requirements does not excuse company from care and prudence in other respects. Prin. p. 28. Viife Damages. No recovery for, if contributory uegligence. Do. but negligence must contribute materially to preclude recovery. Do. Vih Negligence. Proof uf Company's negligence must be of most positive kind. Do, duty of both traveller and Company to keep sharp look out for jieril at crossing. Do, where Company omit customary and requisite signals, liable for all conse- quences, not resulting from absolute foolhardiness. Prin. p. 29. TOWN OR CITY, branch Hue to, Ry. Act, sec. 7, sub. 18. TRACK, one or more, may be made, Ry. Act, sec. 7, sub. 7. none but employees to walk on, Ry. Act, sec. 16, sub. 5. Company using another's. Prin. p. 58. first company responsible for entire route. Do. and must take risk of nogligouce of omploveea of other cotnpnny. Do. INDEX. 255 TRAFFIC, interpretation of, Ry. Act, sec. 60, sub. 5. arrangements may be made by one company with another. By. Act, sec. 60. Prin. p. 58. railway companies to afford each other every facility for, Ry. Act, sec. 60, sub. 2. penalty for neglecting to forward, Ry. Act, sec. 60, sub. 4. where made to avoid competition, must be consented to by two-thirda of shareholders of either company. Prin p. 58. TRAINS overdue, what notice to be posted at station, Ry. Act, sec. 26. to start at regular hours, and furnish sufiBcient accommodation for passen- gers and goods, Ry. Act, sec. 25, sub. 2. may be forbidden to run on railway considered dangerous, Ry. Act, sec. 43, speed of, and times of running may be regulated by, Ry. Act, sec. 50. TRANSFER of shares, by death, insolvency, or marriage. Prin. p. 9. Fiie Shares. Transferee must deposit with company written statement declaring manner of transmission, accompanied by proofs. Prin. p. 9. must be in form given in Railway Act and in Duplicate. Prin. p. 6. Company liable in damages for not registering valid, do. TREES, power, &c., to fell and remove on either side, Ry. Act, sec. 7, sub. 14. TRIAL, new, on ground of excessive damages. Vide Damages. TRUSTS, &c., lands conveyed to Company discharged from, Ry. Act, sec. 9, sub. 5. Company not bound to see to execution of, Ry. Act, sec. 22, sub. 5. TRUSTEES, &c., may convey lands to Company, Ry. Act, sec. 9, sub. 3. And iSee Church, School, <8cc. TUNNEL to be examined by Engineer directed by Railway Committee, Ry. Act. sec. 39. may bo condemned by Railway Committee, Ry. Act, sec. 42. TUNNELS, headway of seven feet overfreight cars, 44 V., c. 24, s. 3. "TWO JUSTICES," interpretation of expression, Ry. Act, sec. 5, sub. 13. i UNDERTAKIVG, interpretation of word, Ry. Act, sec. 5, sub. 4. UNSUBt'CRlBED or forfeited shares, how dealt with, Ily. Act, sec. 20, sub. 12. VACANCIES i'i Board of Director , how filled, Ry. Act, sec. 19, sub. 3. VALUATOR, &c., not disqualified unless personally interested, Ry. Act, sec. 9, sub. 24. VIADU('T may bo condemned by Railway Committee, Ry. Act, sec. 42. VICE-PRESIDENT to bo electi'd by other Directors, Ry. Act, sec 19, sub. 11. to act in absence of President, Ry. Act, sec. 19, sub. 19. VILLAQE, branch lino to connect with, Ry. Act, sec 7, sub. 18. ..I 256 INDEX. VOTE, who entitled to, at, election of Directors, Ry. Act, see. 19, subs. 1, 2. each Director to liare but one, Ry. Act, sec. 19, sub. 14. casting, of Ctiairman, Ry. Act, sec. 19, sub. 14. VOTES to be in proportion to number of shares held, Ry. Act, sec. 19, sub. 6. and proxies, majority of, to determine question, Ry. Act, sec. 19, sub. 8. VOTING by proxy, permitted to all Shareholders, Ry. Act, sec. 19, subs. 7, 8. sua tszz 'srm W WARRANT OF POSSESSION, to put Company in possession of lands, Ry. Act, sec. 9, subs. 27, 28. notice to be given, — deposit of compensation required, and how dealt with, Ry. Act, sec. 9, sub. 28. WATER-COURSE, power to construct railway across or along, Ry. Act, sec. 7, sub. 6. WATER, Ac, required by Company, proceedings for purchase of lands where it is found, and laying pipes, Ry. i^ct, sec. 9, sitbs. 38, 39. WEEDS, noxious, removal of, Ry. Act. sec. 83. WELL, branch to connect with, Ry. Act, sec. 7, sub. 18. WHARVES, power to erect, Ry. Act, sec. 7, sub. 8. WHISTLE of locomotive to be sounded at every crossing, Ry. Act, sec. 25, sub. 10. WORKING EXPENSES, interest of purchase money or rent, to be, Ry. Act, sec. 25, sub. 85. the railway, provisions respecting, Ry. Act, sec. 26. and repairs of engines, 44 V., c. 34, sched. and repairs of cars, 44 V., c. 24, sched. ^ 'I .' : . I. I i