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their duty.

exceeding forty dollars; and in default of payment to imprison- cution of ment for any term not exceeding three months. R.S., c. 38, s. 63.

77. Every person who rides, leads or drives any horse or Going on railway with any other animal, or permits any such horse or other animal to cattle, etc. enter upon the railway, and within the fences and guards, without the consent of an officer or employee of the Minister, shall, for every such offence, incur a penalty not exceeding forty dollars, and shall also pay to the person aggrieved all damages sustained thereby: Provided that no person shall be Proviso. liable to the said penalty when he rides, leads or drives any horse or other animal over a farm crossing, unless he allows such horse or other animal to unnecessarily loiter or remain upon the railway or the appurtenances thereof. R.S., c. 38, s. 64.

78. Every person not connected with the Department or Penalty for walking along employed by the Minister, who walks along the track of the track. railway, except where the same is laid across or along a highway, shall, for every such offence, incur a penalty not exceeding twenty dollars. R.S., c. 38, s. 65.

79. Except as herein otherwise provided, all pecuniary Recovery of penalties imposed by this Act, or by any regulation made under penalties. pecuniary the authority hereof, shall be recoverable with costs on summary conviction before a justice of the peace, and, in default of immediate payment of such penalty, after conviction therefor, may be levied by distress and sale of the goods and chattels of the offender, and, for want of sufficient distress and in default of immediate payment, such offender shall be liable to imprison- Imprisonment for any term not exceeding thirty days, unless a longer of default. time is, by this Act, in that behalf provided.

ment in case

of penalties.

2. A moiety of every penalty shall belong to His Majesty Application for the public uses of Canada, and the other moiety to the informer, unless he is an officer or servant of or person in the employ of the Minister, in which case the whole penalty shall belong to His Majesty for the uses aforesaid. R.S., c. 38, s. 66.

INTERCOLONIAL RAILWAY.

Railway

80. All railways, and all branches and extensions thereof, Intercolonial and ferries in connection therewith, vested in His Majesty, defined. under the control and management of the Minister, and situated in the provinces of Quebec, Nova Scotia and New Brunswick, are hereby declared to constitute and form the Intercolonial Railway. 54-55 V., c. 50, s. 1.

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Defects in expropria

tercolonial

cured.

81. In the case of lands which were taken for the tion for In Intercolonial Railway, under an Act passed in the thirty-first year of the reign of Her late Majesty Queen Victoria, intituled An Act respecting the construction of the Intercolonial Railway, if a plan of such lands was deposited of record in the office of the registrar of deeds for the county or registration division in which the lands were situate, but no description thereof was so deposited, as in the seventh section of the said Act required, the deposit of the plan only shall be held, taken and construed to have been a sufficient compliance with the provisions of the said section, and to have operated as a dedication to the public of such lands whereupon the same became and were vested in Her late Majesty. R.S., c. 38, s. 68.

Idem.

Certified copy, evidence.

82. In any case where lands now in the possession of His Majesty for the said railway were taken under any Act of the province of Nova Scotia or New Brunswick and,

(a) in which, under the provisions of such Act, a plan and description of the lands so taken should have been recorded, filed or deposited in the office of the registrar of deeds of the county in which such lands were situate, but a plan only, without any description, was in fact so recorded, filed or deposited; or,

(b) in which a plan and description or plan only of the lands taken was recorded, filed or deposited as aforesaid, although the Act under which the lands were taken did not require any plan or description to be so recorded, filed or deposited; the recording, filing or depositing of the plan and description, or of the plan only, as the case may be, shall be taken and construed to have been a sufficient compliance with the provisions of such Act, and to have vested in the Crown such an interest in the lands taken as would now be vested in the Crown if the provisions of such Act had been fully and literally complied with.

2. A certified copy of any such plans and descriptions, or plans only, as the case may be, mentioned in this or the last preceding section, may be used and shall be evidence in like manner and with the like effect and under like circumstances as is provided in the Expropriation Act in regard to the plans and descriptions therein mentioned. R.S., c. 38, ss. 68 and 69.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

492

CHAPTER 37.

An Act respecting Railways.

SHORT TITLE.

1. This Act may be cited as the Railway Act. 3 E. VII., Short title. c. 58, s. 1.

INTERPRETATION.

2. In this Act, and in any Special Act as hereinafter defined, Definitions. in so far as this Act applies, unless the context otherwise requires,

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(1) Board' means the Board of Railway Commissioners Board.' for Canada;

(2) by-law,' when referring to an act of the company, in- 'By-law.' cludes a resolution;

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(3) charge,' when used as a verb with respect to tolls, 'Charge.' includes to quote, demand, levy, take or receive;

(4) company'

(a) means a railway company, and includes every such
company and any person having authority to construct
or operate a railway,

(b) in the sections of this Act relating to telephone tolls,
means a company, as defined in the last preceding para-
graph, having authority to construct and operate, or to
operate a telephone system or line and to charge tele-
phone tolls, and includes also a telephone company and
every company and person having legislative authority
from the Parliament of Canada to construct and oper-
ate, or to operate a telephone system or line, and to
charge telephone tolls, and

(c) in the sections of this Act which require companies to furnish statistics and returns to the Minister or provide penalties for default in so doing, means further any company constructing or operating a line of railway in Canada, even although such company is not otherwise within the legislative authority of the Parliament of Canada, and includes any individual not incorporated who is the owner or lessee of a railway in Canada, or party to an agreement for the working of such a railway; (5) costs' includes fees, counsel fees and expenses;

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493

(6)

'Company.'

'Costs.'

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(6) 'county' includes any county, union of counties, riding,
or division corresponding to a county, and, in the province
of Quebec, any separate municipal division of a county;
(7) 'court' means a superior court of the province or dis-
trict, and, when used with respect to any proceedings for
(a) the ascertainment or payment, either to the person en-
titled, or into court, of compensation for lands taken, or
for the exercise of powers conferred by this Act, or
(b) the delivery of possession of lands, or the putting down
of resistance to the exercise of powers, after compensa-
tion paid or tendered,

includes the county court of the county where the lands lie; (8) Exchequer Court' means the Exchequer Court of Canada;

(9) express toll' means any toll, rate or charge to be
charged by the company, or any person or corporation
other than the company, to any persons, for hire or other-
wise, for or in connection with the collecting, receiving,
caring for or handling of any goods for the purpose of
sending, carrying or transporting them by express, or for
or in connection with the sending, carrying, transporting
or delivery by express of any goods, or for any service
incidental thereto, or for or in connection with any or
either of these objects, where the whole or any portion of
the carriage or transportation of such goods is by rail
upon the railway of the company;

(10) 'goods' includes personal property of every descrip-
tion that may be conveyed upon the railway, or upon steam
vessels, or other vessels connected with the railway;
(11) highway' includes any public road, street, lane or
other public way or communication;

(12) 'inspecting engineer' means an engineer who is
directed by the Minister, or by the Board, to examine any
railway or works, and includes two or more engineers,
when two or more are so directed;

(13) 'judge' means a judge of a superior or county court
hereinbefore mentioned, as the case may be;
(14) justice' means a justice of the peace acting for the
district, county, riding, division, city or place where the
matter requiring the cognizance of a justice arises; and,
when any matter is authorized or required to be done by
two justices, the expression 'two justices' means two jus-
tices assembled and acting together;

(15) 'lands' means the lands, the acquiring, taking or
using of which is authorized by this or the Special Act, and
includes real property, messuages, lands, tenements and
hereditaments of any tenure;

(16) 'lease' includes an agreement for a lease;
(17) Minister' means the Minister of Railways and
Canals;

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(18) 'owner,' when, under the provisions of this Act or the 'Owner.' Special Act, any notice is required to be given to the owner of any lands, or when any act is authorized or required to be done with the consent of the owner, means any person who, under the provisions of this Act, or the Special Act, or any Act incorporated therewith, is enabled to sell and convey the lands to the company;

(19) 'plan' means a ground plan of the lands and property 'Plan.' taken or intended to be taken;

legislature.'

of deeds.'

(20) 'legislature of any province' or 'provincial legisla- Provincial ture' means and includes any legislative body other than the Parliament of Canada; (21) 'railway' means any railway which the company has 'Railway.' authority to construct or operate, and includes all branches, sidings, stations, depots, wharfs, rolling stock, equipment, stores, property real or personal and works connected therewith, and also any railway bridge, tunnel, or other structure which the company is authorized to construct; (22) 'registrar of deeds' or 'registrar' includes the regis-Registrar trar of land titles, or other officer with whom the title to the land is registered; (23) 'office of the registrar of deeds' or 'registry of deeds,' 'Registry of or other words descriptive of the office of the registrar of deeds, include the land titles office, or other office in which the title to the land is registered; (24) rolling stock' means and includes any locomotive, Rolling engine, motor car, tender, snow plough, flanger, and every description of car or of railway equipment designed for movement on its wheels, over or upon the rails or tracks of the company;

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deeds.'

stock.'

Act, 1888.'

(25) Railway Act, 1888,' means the Act passed in the Railway fifty-first year of Her late Majesty's reign, chapter twentynine, intituled An Act respecting Railways, and the several Acts in amendment thereof;

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Secretary.'

(26) Secretary' means the Secretary of the Board; (27) sheriff' means the sheriff of the district, county, rid-'Sheriff.' ing, division, city or place within which are situated any lands in relation to which any matter is required to be done by a sheriff, and includes an under sheriff or other lawful deputy of the sheriff;

Act.'

(28) Special Act' means any Act under which the com- 'Special pany has authority to construct or operate a railway, or which is enacted with special reference to such railway, and includes

(a) all such Acts,

(b) with respect to the Grand Trunk Pacific Railway Company, the National Transcontinental Railway Act, and the Act in amendment thereof passed in the fourth year of His Majesty's reign, chapter twenty-four, intituled An Act to amend the National Transcontinental

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