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Maos, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est film6 d partir de Tangle supdrieur gauche, de gauche 6 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 5 6 \^ r *-'• 5 '>■''•' ; the reference being to sub-section 2 of sec- tion 155 as amended by the Act 54-55 Victoria, chapter 51, section i. The following abbre\iations have been used : — " Booi< of ref. " = Hook of reference. " Co." = the Company. " Department, "= Department of RaiKvays. " Gov.-in-Col . " = Governor-in-Council . " Ry. Comm." = the Railway Committee. " R . S . C . " = Revised Statutes of Canada, 1 886. COMPILER'S NOTE. The Railway Act occupies more than eighty pages of the statute- book, and, up to this date, it has been amended by no less than seven statutes. To this complicated legislation a large number of persons, especially those engaged in the construction or operation of railways and lawyers engaged in the practice of Railway Law, are obliged, by the nature of their work, to make constant reference ; and the need of a full and accurate Index has been long felt and frequently expressed. It is to supply that want that this Index is published. The compiler has endeavored, as a lawyer, to serve the profession by making it perfectly accurate and trustworthy ; as a servant for several years of a great railway company, to make it so complete in index-words, and its contents so clear, as to meet the needs of all who are concerned in the construction or operation of a railway. VAUGHAN S RAILWAY INDEX. Abandonment Of expropriation proceedings and new notice, 158. Accidents Notice to be given by Co.; penalty for omission, 267. Appointment of Commissioner to enquire into, 268. Powers of Commissioner, 13, 15. Report of Commissioner, 269. Payment of Commissioner and witnesses, 16, 270. Returns ; penalty for not making, 302-304. Accommodation For transportation of passengers and goods, 246 (i, 2). Action Right of action against Co. for negligence, etc., 246 (3). Co. not relieved by notice or condition, 246 (3). Co. not relieved by Government inspection or by anything in or done under Act, 288. Limitation of time for commencement of, 287. What may be pleaded ; the general issue ; 287. Agreement For sale of land to Co., who may make, 136. When agreement may be made, 144, 141. Order of Judge required in certain cases, 137. Power of sale limited in certain cases, 138. Validity of, under Railway Act, 139. Effect of, when made before deposit of plan, etc., 141. For interchange of traffic, 238, 239. Aliens, 87. Allotment of Shares, 34. Alterations m line of Railway Jurisdiction of Railway Committee, 11 (b). What deviation from located line allowed, 90 (d), 1 17. Plan and profile, 130, 131. Change of constructed line, 120. Animals Penalty for suffering animals to go on railway, 199, 272. Not to be at large on highway within '-^ mile of crossing, except in charge, 271 (i). if so at large, may be impounded, 271 (2). No right of action if killed, 271 {3). Liability for animals killed on tracks, 194 (3) 53 \'., c. 28, s. 2. When Co. not liable, 196, 198, 199. Annual Statement, 62. Appliances Co. must use best, for stopping trains, etc., 243. Ry. Comm. may order Co. to alter, 243. Penalty for not using best, or for noncompliance with Ry. Comm. 's orders, 243. Application of Act In general, 3. Certain provisions apply to all persons, companies and railways whether within legislative authority of the Dominion Parlia- ment or not, 4. Ij 'li 6 VAUr.HAN's RAILUAV INDEX. Application of Act—Coni/m/a/. Exception of provisions from Special Act, 6. Sections 32-8<), appli.cation of, 5(1). To form part of Special Act, '5 (2). Kxception of, from Special Act, 5 (3). How made applicable to companies not subject to them, 7. Provincial railway crossin^j or joining' Dominion railway subject as to such crossing and junction to provisions of Act, 177. Approaches Inclination of approaches by which highway is carried over, under or across railway, 186. Fences to, 186. Cost of fencing when railway constructed or under construc- tion on iQth April, 1884, 186. Jurisdiction of Ry. Comm., 11 |i). Arbitration When parties shall arbitrate, 144. Arbitrators. Disqualification, 159, 160. Appointment of Company's Arb., 146 (c). of arb. for opposite party, 151. of third arbitrator, 151. When judge may appoint' sole arb., 150, Vacancy in office, r57. Oath ; duties ; 152. Meetings and procedure, 152. Examination of witnesses, 155 (i). Evidence to be taken in writing or by stenographer icc (2) 54-55 v., c. 51, s. I. Transmission of papers to clerk of court, 155 (2) 54-55 V. c. 51, s. I. Award Time within which award is lo be made, 156. Who may make, when, and where, 152. Arbitrators in making, must consider and set off increased value of remaining lands, 153. Damages to date from deposit of plan and book of ref. 14c. What must be stated by, 161 (i). Not invalidated by want of form or technical objection, 161 (i). To be final and conclusive, 152. Exception, 161 (2-4). Appeal from, 161 (-2-4). Copy of, to be filed in court and deemed title of Co. if con- veyance refused, 167, 170. Compensation to date from deposit of plan and book of ref. 145. Payment or legal tender of, 162. Payment into court in certain cases, 163. Procedure on payment into court, 168, 169, 172. In like case in P. of Quebec, 170-172. To stand in place of the lands, 166, Possession under award, 162. Warrant of possession, when issued, 162. Warrant of possession before award, 163-165. Arrest of Offenders, 283. Award, See Arbitration. vaughan's railway index. . 7- subject 77. r, under •nstruc- B Badges To be worn by certain of the Company's servants, 247. Baggage Checks to be affixed to, 250. Penalty for refusing to check, 251. Passenger producing check may be witness in action brought by him to prove contents and value of, 252. Baggage Cars Position of, on trains, 245. Penalty for placing, in rear of passenger cars, 291. Beach Power of Co. to take for railway purposes, 99, 105. No work to be constructed on until plan and site approved by Ry. Comm., iSr. Bell Locomotive-engine to be furnished with, 244. To be rung at Highway crossings ; penalty for neglect, 256. er, 155 SV. c. :reased • H5- )n, 161 if con- Bills of Exchange, 98. Board of Directors, See Directors. Bonds, Debentures, Etc. Authority to issue, 93 ( I ). Limit of issue, 93 (4), SS'S^ V., c. 27, s. 4. . -, Issue of new, to replace bonds, etc., withdrawn or paid off, 93(4). 55-56 v., c. 27, s. 4- ^ No bond, etc., to be for less than $100, 93 (3). When, where, and how payable, 93 (i). ' Rate of interest, 93 (1). Disposal of, 93 (2). Registration of, 96 (2). To be the first preferential claim, 95 (i). Holder of, to be a mortgagee, 95 {2). Mortgage to secure, 94 (i). Powers, rights, and remedies granted or restricted by, 94 (2). Validity of, 94 (2). Deposit of; notice, 94 (3). No proceeding to enforce payment of, may be taken except through trustee under Mortgage deed, 95 (2). Powers and rights of holders in case of nonpayment, 96 (1-3). Sale of railway to purchaser not having corporate powers, 278- 280. Transfer of, 97. Purchase of another company's bonds, etc. forbidden ; exceptions, 276, 277. Bonus Power of Company to take, 90 (b). Book of Reference What it must contain, 123. Omission of, or error in, name of landowner, 1 18. Errors of, 128, 129. May be made of sections of railway, 124. Deposit in Department, 124. Examination and certificate by Minister or Deputy, 125. « 8 VAl'f.llAN S RAILWAY INDKX. Book of Reference— <^v>w//////^islrars, 144. Deposit, ami newspaper notice, to be general notice, 145. Worl Jk.. Capital Stock Amount of, to be stated in Special Act, 35. Division into shares of $irx3 each, 35. Subscription books to be opened, 33. Subscription, 33. V>s municipal corporations, 38. Deposit in bank, 33, 36. Allotment, 34. Application o'i, -x,-^. Is personal property, 75. Directors may issue paid up, in certain cases. 39- Cars Inspection by Government Knj^meer, before opening of railway, 202. When out of repair 205, 210. Position of cars m\ trains, 245. Penalty for placinj,' bagjj^afje in rear of passenger cars, 291. For carriage of dangerous goods, 254. Not to stand on railway crossing longer than 5 minutes ; penalty, 261 (i, 2). Brakes and disconnecting appliances, and seats, 243. Canal, See Navigahi.e Waters. Cattle Penalty for suflering cattle to go on railway, 199, 272. Not to be at large on highway within Y2 mile of crossing except in charge, 271 (i). If so at large, may be impounded, 271 (2). No right of action if killed, 271 (3). Liability for cattle killed on tracks, 194 (3) 53 V., c. 28, s. 2. When Co. not liable, 196, 198, 199. Cattle-Guards. Erection of, at highway crossings, 194 (i). When land occupied at time of construction of railway, 195. I i lO VAt'GhAN S RAILWAY INDEX. Cattle Guards— C(?f//in?(cd. F'ences to be turned into, 497 (55-56 V., c. 27, s. 6.) When Co. liable for damages to animals through omission to erect or maintain, 194 (3) 53 V., c. 28, s. 2. When Co. freed from liability, 196. Certifleate of Shares, See Share;,. Charges, See Tolls. Classification of Freight. 226. " Clerk of the Peace " Meaning of expression when lands not situate wholly in one district, 2 (y.) Commissioner Appointment of, for enquiry into accident, 12. Powers of, 13, 15. Paymttt of witnesses before, i6. Company (a). Meaning of expression "Company "in Act, Powers unde." Act of Incorporation, 31. In general under Railway Act, 90 (■as) 53 V., c 28; 55-56 v., c. 2: } t To borrow money, see Bonds, Debentures, etc. To take lands, see Lands; Expropriation. . To construst branch lines, see Branch Lines. To enter upon lands to make surveys, 123. To se'l surplus lands, see Sale. To make by-laws, et;., see By-laws. To collect tolls, see Tolls. To make traffic agreements, etc., see Traffic Arrangements. Compensation In respect of works ordered by Ry. Comm., Jurisdiction of Ry. Comm., 1 1 (j). For damage sustained through exercise cf Co.'s powers, 92. For lands vested in Crown for special or trust purposes, 99. For Indian lands, loi. P'or lands purchased or expropriated to stand in place of lands, 166. Arbitrators to set off increased value against damages, 153. Lien for payment of, 143. To date from deposit of plan, etc. in expropriation, 145. When award not made in due ime, 156. When Co. not responsible for disposition of, 140. Payment or legal tender of, 163. Possession upon, 162. Into court, 167-169, 172. In Province of Quebec, 167, 170-172. In respec of railway crossing, etc., J76. For damages to goods and injuries to persons, see Damages ; injuries. Conductor Intoxication of, 292. Confirmation of TUle In Province of Quebec, 170, 171. VAUGHAN S RAILWAY INDEX. II omission to holly ;n one 8; 55-56 v., jements. :tion of Ry. ers, 92. es, 99. cc of lands, res, 153. '45- Damag-es ; Constables (Railway) /appointment, 281, 285. • Oath, 281, 282. Powers, 282, 283. Arrest of offenders, 283. Dismissal, 284, 285. Punishment for neglect, 286. Construction of Railway Time limited for, 89. General powers of Co. during, 90 (a-s) 53 V., c. 28, ar.d 55-56., c. 27. Power to take lands tor, 1 12. To take materials for, 113. Contract for sale of lands to Co., who may make, 136. Judge's order required in certain cases, 137. Vendor's powers limited in certain cases to land actually re- quired for use of railway, 138. V'alidity of, 139. Effect of, when made before plan, etc., deposited, 141. Co. not responsible for disposition of purchase money, 140. for interchange of traffic, 238, 239. Conveyance of lands to Co., who may make, 136. Judge's order required in certain cases, 137. Limited in certain cases to lands actually required for rail- way, 138. Validity, 139. Co. not responsible for cisposition of purchase money, 140. " County," Meaning of expression, in A.::t, 2 (b). '* Court," Meaning of expression in Act, 2 (c). CroSSingfS, See Farm Crossings ; Highway Crossings ; Railway Crossings ; Street Railway Crossings. Crown Lands Power of Co. to take, 99. when reserved for military or naval purposes, 100. Indian reserves, loi. public beach, or land covered with water, 99, 105. D Damages Co. to do as little damage as possible in exercise of powers, and to make full compensation, 92. to lands and for expropriation of lands to be settled by arbitration in case of disagreement, 144. to date from deposit of plan and book of ref. 145. Arbitrators to consider increased value of lands by reason of the construction of the railway, 153. Right of action for negligence ; Co. not relieved by any notice, condition or declaration, 246 (3). Co. liable for injuries sustained through insufficiency of appli- ances on trains, etc., notwithstanding agreement to contrary, 243- When Co. liable for injuries to persons standing on car platform or on baggagfe, wood or freight car, 249. 12 VAUGHAN S RAILWAY INDEX. ■9- ' 1 1 i i t ^ If ^ Damagres— C 'out in ned. Liability of Co., director, or oTicer for damages caused by con- travention of Act, special Act, orders of Ry. Conim., etc., 289 Limitation of action for damaj,''es sustained by reason of the rail- way ; what may be pleaded, 287. Co. not relieved by inspection under, or provisions contained in Act, 288. Dang-erous Goods Carriage of, 253, 254. Debentures, See Bonds. " Department " Meaning of expression, in Act, 2 (d). ♦' Deputy " Meaning of expression, in Act, 2 (e). Desistment of expropriation proceedings and new notice, 158. Deviation Jurisdiction of Railway Committee, 11 (b). What deviation from located line allowed, 90 (d), 1 17. Plan and profile, 130, 131. Change of constructed line, 120. Directors Qualification, 49. Disqualification, 57. Election at first meeting of shareholders, 36 At annual or special meeting of shareholders, 46, 47. Representation of municipalities on board, 38. Term of olfice, 50. Vacancies, how filled, 48, 51. Quorum, 46, 53. Acts of majority of quorum to be binding, 54. Votes ; casting vote of chairman, 55. Election of President and Vice-President, 52. Who shall be chairman of meetings, 52. When certified copies of minutes of meetings evidence, 212. Power to make by-laws, etc., 58 (59 V., c. 9, ss. i, 2). To appoint officers, 59. Subject to control of shareholders, by-laws, etc., 56. Liability for damages for contravention of Act, orders of Gov.- in-Col., Ry. Comm., etc., etc.; and penalty, 289 (i, 2). Directors (Provisional). Who shall be, ■^^^. Quorum, 33. Term of office, 2,2^- Powers, 33. Allocation of stock by, 34. Discrimination Jurisdiction of Ry. Comm., 11 (k, 1, p). Forbidden, 224, 240. Equal tolls to be charged to all persons under the same circum- stances and for the same services, 224. Between localities forbidden ; exception, 232. Special rates, when Co. may give, 225. Secret special rates, rebates, etc., forbidden, 233. Damages for exacting extortionate toll, 290. vaughan's railway index. »3 used by con- m., etc., 289 n of the rail- contained in Ditches, See Drains. Diversion Of rivers, streams, watercourses, 90 (li), 91. Of waterpipes, gaspipes, sewers, drains, 90 (j), gi. Of telephone, telegraph, and electric light wires, 90 (j), 91. Of highway, 90 (h), 91. i For level crossing, 187. • ; t * Dividends • Declaration of, 69. Rate to be determined by annual meeting, 70. Not to impair capital, 71. Not to be paid on shares when calls in arrear, 71. Not to be paid to purchaser of shares uhtil transfer entered, 73. Drains, Etc. Jurisdiction of Ry. Comm., 11 (q), 14. Construction of, through Co.'s lands in interest of munici- pality, 14. Power of Co. to construct, 90 (g. i). To divert, 90 (j), 91. Drunlcenness Of engine-dri\er or conductor, 292. Sale of liquor to employees while on duty, 293. E i, 212. :rs of Gov. ,2). ime circum- Electricity Line may be worked by, 90 (k). Electric Lig-lit Wires Diversion of, 90 (j), 91. Electric Railway Shelter for motormen and car operators, 10 (c), 57-58 V., c. 53, S. I. -:;■.;; Crossings of Dominion Railway, — Must be approved by Ry. Comm., 173 (56 V., c. 27, s. i). Notice of application to railway Co. 173 (56 V., c. 27, s. i). Powers by Ry. Comm. in respect of, 173 (56 V., c. 27, s. i), 174. 175- . .' -.', Ry. Comm. tc apportion cost, failing agreement, 176. Conductor of electric car to go forward and see track clear be- fore crossi'i'^' electric railway, 257 (i) 56 V., c. 27, s. 2. Eminent Domain, See Expropriation. Employees Ry. Comm. may make regulations for safety of, 10 (c) 57-58 V., c. 53. s. I. _ Are incapable of being chosen directors, 57. - Directors may make by-laws or pass resolutions for appointment and superannuation of, and prescribing duties of, 58 (59 V., c. 9, ss. 1,2). Directors to appoint officers and take security, 59. Co. may make by-laws and regulations for conduct of, 214 (g), 220. Violation of by-Uiws, rufes, etc.; penalty, 296. When attended by greater risk, 294. Co. may paj' penalty imposed under sec. 294 and deduct from wages, 295. H VAUGHAN S RAILWAY INDEX. 1 I Employees — Contiuucd. Penalty for contravention by officers of Act, orders of Ry. Comm., etc., etc., 289 (1, 2). Badges to be worn by certain, 247. ■ > Sale of liquor to, while on duty, 293. • Intoxication of engine-driver or conductor, 292. Superannuation allowances to, 58 (59 V., c. 9, ss. i, 2). - ■ Engine Brakes and appliances for stopping trains and communicating' with conductor, 243. Bell and whistle, 244, 256. ' , , " Oilcups and oiling appliances, 262 (5). , .' Inspection of, before opening of railway, 202. " ; When out of repair, 205, 210. Protection when engine and tender in rear of train, 260 (55-56 V., c. 27, s. 9). Intoxication of driver, 292. , ' Engine Driver Intoxication of, 292. Penalty for neglect to sound bell and whistle at highway level crossing, 256. Engineer, See Inspecting Engineer. Expenditure (Working). Meaning of expression " Working Expenditure" in Act, 2 (x). To be first charge on undertaking, 94. Explosives No passenger shall cari^y, 253. To be distinctly marked by shipper ; penalty, 253. Carriage of, 254. . Company may refuse to take, 254. Express Companies - ; Facilities to be granted to, 242. ' . Expropriation «• ' Of lands vested in Her Majesty, 99. Of public beach and lands covered with water, 99, 105. Of lands reserved for military and naval purposes, 100. Of Indian reserves, loi. ■> : , Of lands of other companies, 102. Of lands (or occupation) for construction or repair of railway or for carrying out requirements of Ry. Comm., 112. Of lands on which are situate materials required for construction or maintenance or of right to take such materials, 113. Of lands or right of way for sidings, waterpipes, or tracks, to reach materials, 1 14. Extent of lands that may be compulsorily taken, 103, 115. ; ' For cuttings, offsets, stations, etc., etc., 103, 104. Where more ample space required for accommodation of public or traffic, or protection against snow drifts, 103. Proceedings for obtaining more ample space, 106-108 (59 V., c. 9., s. 3) 109-111. Purchase with consent of owner of larger quantity than could be compulsorily taken ; sale of surplus, 1 15. Location of railway. Surveys and levels to be made, 1 23. Plan, profile, and book of reference to be made, 123. Scale and paper of plan and profile, 135. Contents of book of reference, 123. ! vaughan's railway index. lighway level in Expropriation - Continued. May be made in sections, 134. To be deposited in department, 124. To be examined and certified by Minister or Deputy, 125 Duplicate so examined and certified to be deposited department and with registrars of deeds, 125. Must be deposited before construction, 131. ^ Custody of copies by registrars and access of public to, 126, 132. . Certified copies of, when evidence, 127, 133. Of alterations, 130. " ; Correction of errors in 128, 129. Notice to treat — what it must contain, 146. Service ot, 144. By advertisement when owner absent, 148, 149. To be accompanied by surveyor's certificate, 147. Contents of surveyor's certificate, 147. Abandonment and new notice; costs, 158. ' Arbitration. When parties shall arbitrate, 144. • Arbitrators. Disqualification, 159, 160. Appointment of Co. 's arbitrator, 146(c). Of arbitrator for opposite party, 151. Of third arbitrator, 151. When judge may appoint sole arbitrator, 150. Vacancy in office, 157. Oath, duties, 152. Meetings and procedure, 152. Examination of witnesses, 155 (i). Evidence to be taken in writing or by stenographer, 155 (2), 54-55 v., c. 51, s. 1. Transmission of papers to clerk of court, 155 (2), 54-55 V., c. 51. s- I- Award. Who may make, when and where, 152. Time within which award is to be made, 156. Damages to date from deposit of plan and book of ref., 145. Arbitrators in making, must consider and set off increased • • value of remaining lands, 153- What must be stated by, 161 (1). Not invalidated by want of form or technical objection, 161 (i). To be final and conclusive, 152. Exception, 161 (2-4). Appeal from, 161 (2-4). Copy to be filed in court and deemed title of Col, if conveyance refused, 167, 170. Compensation. To date from deposit of plan and book of ref. 145. Payment or legal tender of, 162. Payment into court in certain cases, 163. " ' Procedure on, 168, i6g, 172. In like cases in Prov. of Quebec, 170, 172. To stand in place of lands, 166. When Co. not responsible for disposition of purchase money, 140. Possession under award, 162. Warrant of possession, when issued, 162. before award, 163-165. i6 VAUGHAN S RAILWAY INDEX, •i : ; I ! ; I ^ I * .■li|i Extensions, See Branch Lines. Co. shall not extend line beyond termini mentioned in special Act, 1 20. Extortion, See Discrimination. Damages tor exacting extortionate toll, 290. Extra Lands May be expropriated for certain purposes with authority of Min- ister, 103. Proceedings for obtaining, 106-108 (59 V., c. 9, s. 3), 109-111. Facilities To other companies and connecting lines, 240, 241. To express companies, 242. Fares In general, see Tolls. Expulsion of passenge. ir refusal to pay, 248. Repayment of cost of unused ticket or part of ticket, see R.S.C., c. 1 10, s. 9. Farm Crossings Duty of Co. to make, 191. Gates and fastenings at, 194 (i, 2), 195. Grtes to be kept closed, 198. Penalty for leaving gates open, and liability to Co., 199. When Co. exempted from liability in respect of, 196, 198, 199. Fastenings at Hurdle Gates, 194(1, 2). Fences To be erected and maintained on each side of railway ; where and when necessary, 194(1), 195. ' when land occupied at time of construction, 195. Description of, 194(1). To be turned into cattle-guards at public crossings, 197 (55-56 V., /.' ,. c. 27, s. 6). When Co. liable for damages to animals for omission to erect or maintain, 194 (3), 53 V., c. 28, s. 2. When Co. is exempted from liability in respect of, 196, 199. ,/ Liability to Co. and penalty for taking down fence, 199. To bridges and approaches at highway crossings, 186. Cost to be apportioned by Ry. Comm. when railway con- :••;,■-: structed or under construction on 19th April, 1884, 11 (i), 186. Fences (Snow). Erection and removal of, 116. First Meeting of Shareholders, 36. Foot Bridge at Highway Level Crossings Foot passengers must use ; exception ; penalty, 274 (i, 2). Forfeiture of Shares, See Shares. Freight Charges, See Tolls. Freight Classification, 226. Frogs Packing of, 262 (1-4). 'li l:^ VAUGHAN .S RAILWAY INDE*' 17 uned in special G ;t, seeR.S.C, Gas Pipes Diversion of, by Co. durinfi;- construction, 90 (j), 91. Through Company's lands, 14. jurisdiction of Ry. Comm., 11 (q), 14. Gates at Farm Crossings When Company must erect, 194 (i), 195. Fastenings, 194 (1, 2). Must be kept closed, 198. penalty for leaving open, 199, When Co. freed from liability for animals killed, 196, 198, 199. General Advantage of Canada, Works for the Certain railways declared to be, 306. Such railways subject to legislative authority of Dominion Parliament, 307. Confirmation of provincial legislation affecting, 308. Goods Meaning of expression "Goods " in Act, c (f). Transportation of, 246 (1,2). Right of action for company's negligence, 246 (3). Penalty for refusal to receive, convey or deliver, 241. Carriage of dangerous goods, 253, 254. ; Seizure and detention of, for unpaid tolls, 234. Sale of goods in default of payment of tolls, 235. Sale of unclaimed goods, 236, 237. Government Railways Excepted from application of Act, 3. Grants Power oi' Company to take grants in aid of railway, 90 (b). Gravel Expropriation of land for, or of right to take, 113, 115. Expropriation of right-of-way, and construction of sidings, etc., to reach gravel at a distance, 1 14. H 12. Head Office, Highway Meaning of expression " Highway," 2 (g). Diversion of, 90 (h), 91. For level crossing, 187. Bridges over, height and breadth of, 185. Inclination of highway and approaches to, 185, 186. Fences to highway and approaches, 186. Cost of, to be apportioned by Ry. Comm. when railway con- structed or under construction on 19th April, 1884, 11 (i), 186. When railway may be carried along, 183. Construction of, through, across or under Co. 's lands or works, 14. Jurisdiction of Ry. Comm., 11 (q), 14. Manner and terms of, 14. Who may construct, 14. Cost of construction and maintenance, 14. i8 VAUGIIAN S RAILWAY INDEX. ill Highway Crossing's Construction of hifjliway across railway, 14. jurisdiction of Ry. Comin., 11 (q), 14. Manner and terms of, 14. Who may construct, 14. Cost of construction and maintenance, 14. Construction of railway across hij^hway : — Jurisdiction of Ry. Comm., 11 (h). Powers of Co. as to land required, 187. Diversion of highway, 187. Plan and profile to be submitted to Ry. Coinm., 187. ' Powers of Ry. Comm. as to works and protection, 187, 188. Apportionment of cost of works and protection, 188. Extension of time for completion of work, 189. Pena'ty for noncompliance with Ry. Comm.'s orders, i8^. Rails must not sink below or rise above level of highway at level crossinj^s more than one inch, 184. ' Inclination of highway and approaches at, 186. I''ences to approaches, 186. Cost of, to be apportioned by Ry. Comm., when railway con- structed or under construction on 19th April, 1884, 11 (i), 186. Proceedings by local authority when railway out of repair at, 206-208. Signboards to be erected at level crossings ; penalty, 190. Bell to be rung and whistle sounded at level crossings ; penalty, 256. Cars not to stand on level crossings longer than five minutes ; penalty, 2bi (1, 2). Pedestrians to use footbridge provided at level crossings ; penalty, 274 (i, 2). Hurdle Gates, See Gates at Fau.m Crossings. j ' r If I -fi; ..i ■■ ""^ ^:-:;\.: Inclination Of descent of highway under railway bridge, 185. Of approaches by which roadway is carried over or under railway or across it at rail level, 186. , Incorporation Powers of Co. under special Act, 31. '; Of Sees. 32-89 with special Act, 5 (2) ; exception, 5 (3), 6. v Of purchaser of railway not having corporate powers, 280. Indian Lands. loi. Injuries The Co. to do as little damage as possible in the exercise of their powers and to compensate for all damage sustained by reason thereof, 92. Co. liable for injuries sustained through inefficiency of appliances on trains, etc., notwithstanding any agreement to contrary, 243. Co. liable for negligence ; not relieved by notice or condition, 246 (3). When Co. not liable for injuries sustained by person standing on car platform or on baggage, wood, or freight car, 249. VAUGHAN S RAU.\VAV INPI-X. '9 187. on, 187, 188. n, 188. 9- •tiers, 18^.. ighway at level Ml railway coii- I, 1884, II (i), it of repair at, Ity, 190. sings ; penalty, 1 five minutes'; ivel crossings ; r under railway 5 (3), 6. ers, 280. ixercise of their ined by reason y of appliances it to contrary, ; or condition, 3n standing on .r, 249. Injuries Confimauf. Limitations of action for damages or injury sustained hy reason of the railway, 287. Co. not relieved from liability by inspection under, or provisions contained in Act, 288. Liability of Co., director, or oflker, contravening provisions of Act, orders of Ry. Comm., etc., etc., 289. Inspecting Engineer Meaning of expression " Inspecting Kngineer " in Act, 2 (h). Powers, 13, 15. Mav travel and use telegraph free of charge, 27, 28. Mw^' regulate running of trains while railway out of repair; penally for noncompliance by Co., 209. May prohibit running of trains in case of danger ; penalty for noncompliance by Co.; 210, 211. Proof of authority of, 29. Co. must afford information to, 26. Telegraph operators must obey orders of; penalty, 28. Order of, promulgation of, 24. Publication by Co. of, 25. Penalty for obstructing, 30. For violation of order of, when attended by greater risk, 294. Inspection of Railway, Rolling Stock, Etc. Before opening of railway, — Notices to Minister, 200. Penalty for opening without notice, 201. Inspection and report by engineer, 202, 204. Postponement of opening and further inspection, 202. Penalty for opening contrary to direction of Minister, 203. Order of Minister not binding unless accompanied by copy of Inspecting Engineer's report, 204. Out of repair, 205. Minister or Engineer may regulate trains ; penalty, 209. Engineer may prohibit trains in case of danger; penalty, 210, 211. Proceedings on such prohibition, 211. Out of repair at highway level crossings, proceedings by local authority, inspection, etc, 206-208. Regulation or prohibition of trains, 209-211. Co. not relieved from liability by inspection under Act, 288. Interchange of Traffic Jurisdiction of Ry. Comm., 11 (f, 1, m, n, o). p-acilities to other companies and connecting lines, 240, 241. Unreasonable preference to particular company forbidden ; penalty, 240, 241. Agreement with another company, consent of shareholders and approval of Gov.-in-Col., 238. Notice of application for approval, 239. Interest on calls paid up, 71. on sums paid in advance on shares, 85. not to be paid on shares when calls in arrear, 72. not to be paid to purchaser of shares until transfer entered, 73. International Boundary Exercise by Co. of powers beyond, 90 (r), 53 V., c. 28, s. i. ao VAUOHAN S RAILWAY INDEX. Interpretation of words and expressions in Act, 2. Intoxication of engine-driver or conductor, 2^)2. penalty for scllinjf liquor to employees while on duty, 203. Joint Freight Classification, 226. ♦'Judge" Meaning- of expression, in Act, 2 (i). Junction, See Raii.wav Crossings. Jurisdiction Of Dominion Parliament, see Application of Act. Of Ry. Comm., in general, 10 (1, 2), 11. Of magistrates to try offenders, 283. " Justice " Meaning of expression in Act, 2 (j). when lands not situate wholly in one district, 2 (y). •'Justices, Two" Meaning of expression in Act, 2 (j). h Lands ;| Meaning of expression " I^ands " in Act, 2 (Ic). Entry for surveys, 90 (a). Co.'s power to purchase, go (c), 1 15. Co. may make railway across, 90 (d). Co.'s powers in respect of lands — granted in aid of the railway, go (b). vested in Her Majesty, gg. reserved for naval and military purposes, 100. Indian Reserves, loi. public beach and land covered with water, 99, 105. of other companies, 102. for construction and repair of railway or for carrying out requirements of Ry. Comm., 1 12. whereon are situate materials required for construction or maintenance, 1 13. for sidings, water-pipes, or tracks to reach materials, 1 14. at highway crossings, 1H7. Extent of lands that may be compulsorily taken, 103, i!5. For cuttings, offsets, stations, etc., 103, 104. Where more ample space required for accommodation of public or traffic, or protection against snowdrifts, 103. Proceedings for obtaining more ample space, 106-108 (59 v., c. g, s. 3), log-iii. Location of railway, see Location of line. Map or plan, profile, and book of reference, see Location of line. Expropriation proceedings, see Expropriation. Damages to date from deposit of plan, etc., 145. Increased value of remaining lands to be considered, 153. Compensation to stand in place of lands, 166. Payment or legal tender of, 162. \ : i VAUf.H.VN S RAII.W.W 1M>EX. ai Lands ty, 203. (}•)• ( 'ontiniici/. Payment into court in cei ain cases, 163. Procedure on, 168, 169, 172. In like cases in Prov. of Quebec, 170-172. Possession and warrant of possession, 162-16^. Sale to company, 144. Effect of contracts made before deposit of plan, etc., 141. Validity of, 139. When owners cannot alienate, annual rent may be fixed, 142. Lien for purchase money or rent, 143. When Co. not responsible for disposition of purchase money, 140. Conveyance, who may make, 136. Order of jud^'^e required in certain cases, 137. Limited to lands actually required in certain cases, 138. Validity of, 139. Sale by Co. of lands not necessary for r.iilway, 90 (c), 115. Of lands obtained by Crown by way of subsidy or otherwise, 90 («) 55-56 v., c. 27, s. 3. Lease OS- carrying- out nstruction or ^rials, 114. . i-'5- imodation of ifts, 103. , 106-108 (59 Location of d, 153- Meaning- of expression " Lease " in Act, 2 (1). Of lands which owner cannot alienate, 142. Level Crossing's (Hif,'hway). Jurisdiction of Ry. Comm., ir (h). Powers of Co. as to land required for, 187. Diversion of highway, 187, 112. Plan and profile to be submitted to Ry. Comm., 187. Powers of Ry. Comm. as to works and protection, 187, 188. Apportionment of cost of works and protection, 188. Extension of time for completion of work, 189. Penalty for non-compliance with Ry. Comm.'s orders, 188. Construction, 183. Rails not to rise -above or sink below surface of highway more than one inch, 184. When rails not deemed an obstruction, 183. Inclination of liig^h way approaches, 186. Fences to approaches, 186. Cost of to be apportioned by Ry. Comm. when railway con- structed or under construction on 19th April, 1884, u (i), 186. Proceedings by local authority when railway out of repair at, 206-208. Signboards to be erected at ; penalty, 190. Bell to be rung and whistle sounded at ; penalty, 256. Cars not to stand longer than five minutes on ; penalty, 261 (I, 2). Pedestrians to use footbridge provided at ; penalty, 274 (1,2). Limitation Of time commencing and finishing railway, 89. Of actions for damages, 287. Location of Line Entry upon lands to make surveys, 90 (a). Surveys and levels to be taken, 123. Plan, profile and book of reference to be made, 123. Scale and paper of plan and profile, 135. aa VAl'OHAN S RAILWAY INDKX. Location of Lines i'i>iifimirit. Contents of book ol' reference, 133. may be niacle in sections, IJ4. To be deposited in Department, u^. To be examined an-^l certified by Minister or Deputy, 123. Duplicate so examined and certified to be deposited in Depart- ment and with re),'istrar of deeds, ijv Must be deposited before construction, 131. Custody of copies by rej^istrars and access of public to, i 26, 132. Certified copies, when evidence, 127, 133. Correction of errors in, 128, i2(). Of alterations, 130, 131. Of completed railway to be filed in Department and with reffistrars of deeds, 134. Deviations what deviation from local line allowed, ()o (d), 117. Jurisdiction of Ry. Comm,, 11 (b). Alterations, 130, 131. Chani^e of, with consent of Ry. Comm., 120. Must not interfere with working,' of, or access to mines, iig. Locomotives Government Inspection before openinjf of railway, 202. When out of repair, 205, 210. Appliances - brakes, communication with conductor, 343. Bell and whistle, 244. Oil-cups and oiling appliances, 262 (5). Protection when locomotive and tender in rear of train, a6o (55- 56 V., c. 27, s. y). Lugfgfagfe, See Bagc.age. M Mag^istrates Jurisdiction to try offenders, 283. Mails Carriage of, 264. Map, See Pi-AN. Map OP Plan, See Plan. Meaning of expression, " Map or Plan," 2 (m). Materials Expropriation of lands for, or of right to take, 113, 115. Of right of way and construction of sidings, etc., to take materials at a distance, 1 14. Abandonment of expropriation proceedings and new notice, 158. Meetings Of shareholders, — First meeting, 36. Annual and special, 40 (1). Where held, 40 (2). Notice ; evidence ot notice, 41. What business may be transacted at, 42. Voting, 43. By proxy, 44, 45. When certified copies of minutes evidence, 212. Of directors, — Whj shall preside at, 52. Voting, 55. When certified copies of minutes evidence, 212. VAUOHAN tt KAILWAY INDKX. •3 >epuly, 125. osited in Deparl- f public to, 126, mcnt and with id, 90(d), 117. mines, iig. ', 202. tor, 243. f train, 260 (55- i. 115- , etc., to take Bvv notice, 158. M .Military Forces Carria{jf of, 2(14, Mines Railway must not obstruct access to, or workin^j of, 1 rq. Minister Meaniufj of expression " Minister ", J (n). I'owcrs in general, 12, 13, 15. I'ronuil(,'ation of order of, 24. Publication by L\'>. of order of, 25. Documents sij^ncd by, to be evidence without proof of siynature, 33- Minutes of Meeting-s When certified copies evidence, 212. Mortgag:e Co. may secure bonds, etc., by, 94 (i). Powers, rij^'hts, and remedies granted or reg-istered by, 94 (2). Validity of, 94 (2). Deposit ; notice, 94 (3). No proceedings may be taken by holders of bonds, etc., to en- force payment except throu^'h trustees under, 95 (2). Sale of railway to person not having corporate powers under, 278-280. Municipalities may subscribe for stock in Co., 38. Representation on board of directors, 38. N Naval Forces Carriage of, 264. , Navigable Waters Expropriation of land covered with water with consent of Gov.- in-Col., 99, 105. Construction of works in, jurisdiction of Ry. Comm. 11 (g). Plan and site must be approved, 181. Co. must not cause obstruction or impede navigation, 178. Bridges — height ; openings, 179. Flooring, 180. Approval of plan and site, 181. Gov.-in-Col. may direct construction of draw or swing, and regulate its opening, 179. Gov.-in-Col. may order new bridge to be substituted for existing ; penalty for non-compliance, 182. Co. must not substitute movable for existing fixed bridge without consent of Ry. Comm., 182. Trains to stop before passing any draw or swing ; exception, penalty, 255 (i, 2) 55-56 V., c. 27, s. 7. " Near " Meaning of expression, in Act, 2 (o). Neglig-ence Right of action against Company for, 246 (3). Co. not relieved by any notice, condition, etc., 246 (3). nor by inspection, or anything in or done under authority of Act, 288. 24 VAUGHAN S RAILWAY INDEX. Notices of first meeting of shareholders, 36. of annual and special meetings, 41. of calls, 63, 64. to treat for sale of land in expropriation proceedings, 146-149. abandonment, and new notice, 158. to landowner where materials required for construction or main- tenance, 1 13. of deposit of deed of mortgage, 94 (3). of deposit of plan and book of ref. with registrars, 144. of application to Ry. Comm. for railway crossing, 173. for authority to construct sLoet over drainage, etc., through Co.'s lands, 14. of application to Gov.-in-Col. to approve traffic agreement, 239. to Minister that railway ready for inspection, 200. of by-laws, rules and regulations affecting public, 218. affecting shareholders or employees, 219. of expected arrival of overdue trains, 263 (1-3). of Secretary given by order of directors deemed notices by the directors and the Company, 213. Nuisance Co. may make by-laws, etc., respecting any, 2x4 (e). Oil- Owi Pa« Pai P P Oifences Provisions of Railway Act relating to, apply to all persons, com- panies and railways whether within legislative authority of Dominion Parliament or not, 4. Contravention of Railway Act, special Act, orders of Ry. Comm.", etc., 289 (i, 2). Of Ry. Comm.'s regulations respecting spet d of trains and use of whistles in cities, etc., and safety of employees in passing" from one car to another, 10. Violations of by-laws, rules, etc., 296. when attended by greater risk, 294. of orders by the Ry. Comm. when attended bv gi eater risk, 294. Trespassing on track, 273 (i, 3). Wrongfully entering train, 273 (2, 3). Selling liquor to employees while on duty, 293. Intoxication of engine-driver or conductor, 292. Arres*^ of offenders ; jurisdiction of justices, 283. Officers of the Company are incapable of being chosen directors, 57. Appointment of, 58 (59 V., c. 9, ss. i, 2), 59. Security to be taken from, 59. By-laws, rules, etc., concerning, 58 {59 V., c. 9, ss. i, 2), 214(g), 219, 220. Penalty for contravention of Act, orders of Ry. Comm., etc.» etc., 289 (i, 2). for violation of by-laws, etc., orders of Ry. Comm., etc., when attended by greater risk, 294. Payment of penalty by Co. and deduction thereof from wages, 295. Offices, 32. VAUGHAN'S RAILWAY INDEX. Oil-Cups and Oiling Appliances, 262 (5). Owner . ,^„ression " Owner " in Act, 2 (p). Meaning ot expre;>sion '■'""""„? Mogs, -.ving ■-"■^ e"»rd rails, 26. (.4). ''"'TaTof Co.. o transport, ^46 (=)■ nrnnces on trains, 243. plianceb l . y f^re, 24H. Expulsion ot, retusing x^v y ^ ,0. Privilege of stop-over, see R.S.Cc. Passenger Tickets. See Tickets. Passenger Cars ..,.001 when out of repair, 205, Z^o. Comm., etc., 289 O.^)- , .uia.ions respecting speed Pipes . 1 m 's Innds-Jurisdiction of Rv'; Comm., 1 1 (q), H- through CO. s l!^"^^ J .g,t of municipality, 14- ^prrorco/u;^"::.. 90 (.,>). ■''''" \tropted railway « be m,.e, ..3. he made in sections, 124. The deposited in department 1 24. ^^ ^^ ^^ ^ .. to be examined and certified by Mm ^^ ^^ ^^^^^.^^^ ,„ depart- 26 vaughan's railway index. Plan and Profile— Con^vunu/. to be deposited before commencement of construction, 131. Custody of copies by registrars and access of public to, 126, 132. Scale and paper of, 135. to be certified by President or Engineer, 135. Errors, how remedied, 128, 129. of branch lines for approval of Ry. Comm., 121. of alterations, 130. of completed railway to be filed; penalty, 134. when copies of, evidence, 127, 133. Possession under award in expropriation proceedings, 162. Warrant of, when issued, 162. before award, 163-165. Prescription Limitation of time for commencement of actions for damages or injury sustained by reason of the railway, 287. President Elect-on of; term of office, 52. to be chairman of directors' meetings, 52. Absence or illness of, Vice-President to act, 60. may be entered in minutes, 61. certificate of, 61. Profile, See Plan, etc. Promissory Notes, 98- Provincial Legislation affecting works for the general advantage of Canada, confirmation of, 308. Provincial Railways Application of certain provisions of Act to, 4. crossing or joining Dominion railways, 177. Provisional Directors Who shall be ; quorum ; duration of office ; powers, 33. Allotment of stock by, 34. Proxy Shareholders may vote by, 44. Form of, 44. V^alidity of votes by, 45. R Rail> Sails Packing of frogs, wing and guard rails, etc., 262 (1-4). Railway Meaning of expression " Railway " in Act, 2 (q), 55-56 V., c. 27, s. I. Time limited for construction of, 89. Sale of railway to purchaser not having corporate powers, 278- 280. Railway Committee Meaning of expression " Railway Committee " in Act, 2 (r). Constitution, 8. Secretary of, 9. 4 VAUGHAN'S RAUAVAV IM^HX. Railway committee „r whWiiein ^"■'■'•'' ="• 'o'"' "'• lotions for safety of en,ployees, .o (O ,-,- .■• ,„ make reguUf.ons ^^^.^^^ ^^ ^^^^ ,^ ,„T,„fo.e;e„aWe.forbreac.ofsuc. ^ ^^^ ^ ^ ;„-;c?on|.va>. S-rXa^P^^Ss ,. a.a.,.e„,e..s Cos,roTp":eeaiS»''T'"- Promulgate" "f^^'f „aer of, „. .,,,i„s and use of ^notarof''i^*tT%t':X?S^e;?r4ees . pe,,a,.y, to,.), „Wstle in ernes, etc., director, or ofScer . P- . '°irUr. or C-,reef,o„s 0., 1» Co.. ' '''t^.--r?ffiS:n'^SreSy.obeevMeuce.U.- O^th, 281,282^ Powers, 283, 2»3. . ^rest of offender^, 283. , Dismissal, 284, ^^^|\g^t^ 286. 28 vaughan's kailway index. Railway Crossing's, Junctions -Con tinned. Jurisdiction of Ry. Comm. ii (d). Power of Co. to cross another railway, go (f). Approval of Ry. Coi>im. necessary, 173 (56 V., c. 27, s. i). Application for, and notice, 173 (56 V., c. 27, s. 1). Ry. Comm. may direct works to be executed, and measures to be taken for the public safety, 174. may direct use of interlocking switch, signal system, etc., 175. to apportion expenses between companies in case o( disagree- ment, 176. Officer to be stationed at, and no train to pass till conductor sig- nalled, 257 (i, 2) 56 \'., c. 27, s. 2. Train to be stopped for one minute before crossing ; exception, 258, (56 v., c. 27, s. 2.) Rates, See Tolls. Rebate, See Discrimination. Record of Shareholders, 88. Refund, See DiscKiMiNATioN ; Tickets. Register of Shareholders, 88. Regulations, See By-Laws, etc. " Repairs Government inspection when railv.ay or rolling s'ock out of repair, and proceedings thereon, 205. Minister or Inspecting Engineer may regulate running of trains while railway out of repair ; penalty, 209. Inspecting Engineer may prohibit running of train;; in case of danger ; penalty, 210. Report of such prohibition and proceedings thereon, 211. Proceedings bv local authority when railway out of repair at highway level crossings, 206-208. Repeal of Revised Statutes of Canada 1886, chap. :og, and of 50-51 Vic. chap. 19, 309. ^ Resolutions Directors may pass resolutions for certain purposes, 58 (59 V., c. 9. s. I.) passed instead of by-laws for purposes mentioned in Sec. 58 prior to 23 April, 1896, confirmed, 59 V., c. 9, s. 2. Returns What companies nu st render returns, 4, 298. Annual returns ; attestation; penalty, 299(1-6.) to be laid before Parliament, 299 (6.) • Weekly returns, to be posted ; penalty, 300 (1,2). Penalty for signing false returns, 301. Half-yearly returns of accidents, 302. Half-yearly returns of by-laws, etc., 302. Minister nuy presc-ibe forms of, 303. may order additional, 303. Penalty for not transmitting returns of accidents, by-laws, etc., and additional returns ordered by Minister, 304. to be privileged communications and not evidence in courts, 305. Right of Way Over or through lands owned by the Co. , Jurisdiction of Ry. Comm. 1 1 (a). VAUOHAN'S RAILWAY INDEX. 29 Boad Crossings. St^e «"■ Boiling Stock ,i„g of railway. ao=. '-^^t:^;":^ ^nLrr ;rS' ccS...-.ca,io„ between con. ti«io«j See By-Laws. Sning at Large, see C„«.. Safety of Employees „ Nations for, passing from one car to ^""\y. Connn ma, n ake '^^ ^ .3, ,, , another, lO c), .-,/ .-^ Sale ^';^^:s;^^V.r..^„.„^^,,.a.epowers,.S.So. ,,,,. -S^ST:lS^an.n P^-Snsse,,in. .Ce. .0 of tickets-emplovees in ,, r s C c. no, wear badges -47; .,^ ,.,,ies, towns, etc., R-^-^ Appointment ot age. ■ ,f foreign nul-O^coin^^^^ ^^^ ^. ^^^^, ,,,d by age. :> Name and date lo r S C, c. no, ■ " " irV^;tlli..^ ticket without authority, R-S- ; Penalty for selii. « ,osC c. i lo, s. 9(4)- Sa,e^of^nnn..por.ionof.ic.efpr„,n.nea,K.S.C. ^ ^^ S»'«'»g,i».s wirhont an*orir, proi,i.i»U penair,, • Penalty, 277. . servants, See Employees. Sewers, See Dra-ns. ^^^"■"Ire personal property, 75- to be $100 each, 33- . * ^odc-l^ooks to be opened, 33- ^,, > by municipal corp certain purposes, Allotment, 34- ^,^ .,,,,,d and alloUed for certain p Paid-up shares may be 39- I 'U 3° VAUGHAN S RAILWAY INPEX. Shares — Continued. Calls ; how made ; notice, 63. Publication of notice, 64. Payment of, 65. Interest on overdue, 66. may be recovered by suit, 67. Allegations in suit, 68. Interest on paid-up, 71. on calls paid in advance, 85. not to be paid on calls in arrear, 72. Forfeiture of shares for non-payment of, 80-84. No transfer of shares valid when calls in arrear, 75. Certificate of shares to be prima facie evidence of title, 78. Dividends, declaration of, 69. Rate of, 70. Not to impair capital, 71. Not to be paid when calls in arrear, 71. Not to be paid to purchaser of shares until transfer entered, 73. Forfeiture of, for refusal to pay calls, 80-84. Interest o\\ sums paid in advance on shares, 85. on calls, 71. not to be paid on shares when calls in arrear, 72. not to be paid to purchaser of shares until transfer entered, 73. Title to, certificate to be prima facie evidence of, 78. The want of certificate not to prevent holder disposing of share, 79. Co. may treat registered holder as absolute owner, 77 (55-56 v., c. 27, s. 2). Transfer of, how made ; Transfer book, 73. Form of transfer of fully paid up shares, 74 (2). of jhares not fully paid up, 74 (i). Want of certificate not to prevent holder disposing of share, 79. cannot be made when calls in arrear, 75. ,i of less than a whole share invalid, 75. \ Transmission of, otherwise than by transfer, 76. Trusts in respect of, Co. not bound to see to execution of, 77 (55-56 v., c. 27, s. 2). Co. must not purchase shares in another company ; exceptions, 276. Penalty, 277. Shareholders Aliens to have equal rights as, 87. Liability to Co.'s creditors, 86. Record of, to be kept, ojjen to inspection of shareholders, 88. First meeting of, 36. Annual and special general meetings, 40 (1). Notice, and evidence of notice, 41. to be held at head office, 40 (2). What business may be transacted at, 42. When certified copies of minutes evidence in court, 212. Acts and decision of majority binding, 45. Votes to be in proportion to shares, 43. by proxy ; form of proxy, 44, 45. "SherifT" Meaning of expression in Act, 2 (s). when lands not wholly situate in one district, 2 (y). Sh Si Si Si VAUOHAN'S RAILWAY INDEX. 3» Short Title, i- SWin^l ^^ ^^ .,,ke sidings to obtain materials, . 14- Po^er to '^^^ crossings, .90. Signboards at Hignwaj protection against, io8(59V-.c.9. »• 31 ^ S"»« ISn and removal of, n6. " ^'«tlan"*;o.- e.pre..on lo AC, a (t). , ^'vmage! whe? track not fenced as pres '^•'^'fRfcomm.. to regulate, 10(a). Power of K>. «-"" Statement (Annual), 62. Use ot by """""L'lJed other railwayB at, 240_ Steam Wmstie, ^^ , , -^ -- v., c. 53^ ^- '• stock, see CmM, STOCK ;S»», ^75- ,„„r,ion cost, failing ^f cement 7 ^j^^^ Py C^"^" of e^r'tr c car to go forward and see ,^ ^^ ^^^ ^tet^rcroLtig electric street radwa,, ..7 s. 2. Subsidies ^^ (b). Power ot C/O. tu Subsidy Lands 5 v., c. 27, s. 3- Sale of, 90 i^) »5 5 32 vaiiwian's railway indkx. Superannuation of olVicers and employees, 58 (59 V., c. 9, ss. i, 2). Surveys and levels to he made of lands throuj,^h which railway is to pass, 123. Power of Co. to enter upon lands to make, (p (a). Telegraph and Telephone Lines Oivcrsion of, diirinf,'- construction, 90 (j), 9'' Power of Co. to construct or acquire, 90 (m). Government may have exclusive use of, 265. Government ma'v construct, alonj,' line of railway, 266. Operators to obey orders of Inspectin