And, for each time, that the company shall fail to comply Penalty. with the present provision, it shall incur a penalty of five hundred dollars in favor of whomsoever may sue for the recovery thereof. 43-44 V., c. 43, s. 25 § 15. II. OVERDUE TRAINS. 5174. It shall be the duty of every railway company, upon Duty of sta whose road there is a telegraph line in operation, to have a tion-master, &c., when a blackboard put up on the outside of a station-house, over the train is overplatform of the station, in some conspicuous place at each due. station of such company at which there is a telegraph office. When any passenger train is overdue for half an hour Notice to be at any such station, according to the time-table of such com- posted up, if pany, 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, stating to the best of his knowledge and belief the time, when such overdue train may be expected to reach such station. train is half an hour late, and what to show. not arrive. If, on the expiration of that time, the train have not New notice reached the station, it shall be the duty of the station- if train does 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 overdue train may be expected to reach such station. tion. Every such railway company, station master or person in Penalty for charge at any such station, shall be liable to a penalty not contravenexceeding five dollars for any wilful neglect, omission or refusal to obey the provisions aforesaid. Any suit for the recovery of any such penalty may be Suits for pebrought before any two justices of the peace, or before the nalty how brought. Circuit Court of the district or county in which such station is situated. The penalty, recoverable under the provisions of this article, Application shall belong to the person suing therefor. of penalty. Every proceeding brought by virtue of this article shall be Limitation commenced within one month following the commission of the of actions. offence, and not after. Nothing in this article shall prejudice the right of any person Proviso. to the recovery of damages from any such railway company, by reason of detention of trains as aforesaid. at stations. Every such railway company is required to have a printed This article to copy of this article posted up in a conspicuous place at each of be posted up its stations at which there is a telegraph office. 43-44 V., c. 43, s. 26. § 17.-Suits for Indemnity;-Fines and Penalties and Proceedings respecting the same. actions for 5175. All suits for indemnity for any damage or injury, Limitation of sustained by reason of the railway, shall be instituted within damages. Pleadings, &c. Fines how recovered. How applied. Penalty for contravention of this section. Telegraph lines. Tenders, to be advertised for, as to immediate twelve months next after the time such supposed damage was sustained, and not afterwards. The defendants may plead the general issue, and give this section and the charter 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 authority of this section or the charter. 43-44 V., c. 43, s. 27 § 1. 2. All fines or forfeitures imposed by articles 5128 to 5181, both inclusive or by the charter, or by any by-law, except those for the levying and recovering of which special provision is herein made, shall be recovered, in a summary manner, before any one or more justices of the peace for the district, county or place where the offence was committed. 43-44 V., c. 43, s. 27 $2. 3. All the fines, forfeitures, and penalties recovered under the next preceding paragraph, the application whereof is not hereinbefore particularly directed, shall be paid into the hands of the treasurer of the company, to be applied to the use thereof. 43-44 V., c. 43, s. 27 § 3. 4. No contravention of this section or of the charter by the company, although considered to be a misdemeanor, and punishable accordingly, shall exempt the company, if it be the offending party, from the forfeiture by this section or the charter, of the privileges conferred on it by the said section or charter, if, by the provisions thereof or by law, the same be forfeited by such contravention. 43-44 V., c. 43, §. 27 § 4. $ 18.-General Provisions. 5176. Railway companies shall have the right to establish telegraph lines along the whole extent of the railway, at such places along the line, and with offices at such places, as shall be determined upon by the directors, and such telegraphs may be used by the public generally, in conformity with the rules and regulations that the company may adopt. 43-44 V., c. 43, s. 28 § 1. 2. No contracts for works of construction or maintenance of the railway, except works of ordinary repair, or of immediate works not of necessity, shall be entered into, until after tenders for such works 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 be done, but the company shall not be compelled to accept any such tender. 43-44 V., c. 43, s. 28 § 2. necessity. Period for Account, to 3. If the construction of the railway be not commenced, and ten per cent. on the amount of the capital be not expended thereon, within three years after the passing of the charter, or if the railway be not finished and put in operation within ten years from the passing of such charter, the corporate existence and powers of the company shall cease. 43-44 V., c. 43 s. 28 § 3. 4. After the opening of the railway or any part thereof to lature. the public, and within the first fifteen days after the opening be submitted of each session of the Legislature of this Province, an account to the Legisshall be annually submitted to the three branches thereof, containing a detailed and 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 transported by them, with an attested copy of the last annual statement. 44 V., c. 43, s. 28 § 4. 43 5. No further provisions, which the Legislature may here- Form of deafter make with regard to the form or details of such account, tails of account may be or the mode of attesting or rendering the same, shall be varied by the deemed an infringement of the privileges hereby granted to the Legislature. company. 43-44 V., c. 43, s. 28 § 5. 6. The Legislature may, at any time, annul or dissolve any The Legislacorporation formed under this section; but such dissolution ture may dissolve any shall not take away or impair any remedy given against any corporation. such company, its shareholders, officers or servants, for any formed under liability which had been previously incurred. 43-44 V., c. 43, s. 28 § 6. this section. affected. 7. Nothing herein contained shall affect in any manner the Her Majesty's rights of Her Majesty, or of any person, or of any body politic rights not or corporate, except only such as are herein mentioned. 43-44 V., c. 43, s. 28 § 7. $ 19.-Railway Statistics. to mean. com 5177. In this subsection the term "company" means a com- Word pany incorporated either before or after the coming into force pany" what of these Revised Statutes, for the purpose of constructing, maintaining or working a railway in this Province, and includes any individual or individuals not incorporated, who are owners or lessees of a railway in the said Province or parties to an agreement for working a railway in the same. The term "person" includes a body corporate. 43-44 V., c. “Person."' 43, s. 29. yearly returns what form 5178. Every company shall annually prepare returns of Companies, their capital in accordance with the form of schedule A of this to furnish section, and a copy of such returns, signed by the president or to Governother head officer of the company resident in the Province, and ment and in by the officer of the company responsible for the correctness of and with such returns, or any part thereof, shall be forwarded by the what details. company to the Commissioner of Public Works, not later than three months after the end of the calendar 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 accordance with the provisions of their respective charters of incorporation, to be verified in manner and form aforesaid, and furnished in such form as the said Commissioner shall approve of or prescribe. Any company which fails to forward the said returns in Penalty for accordance with the provisions of this article shall be liable to not doing so. Weekly re a penalty not exceeding ten dollars for every day during which such default continues. 43-44 V., c. 43, s. 30; 50 V., c. 7, s. 12. 5179. Every company shall, weekly, prepare returns of turns, for pub- their traffic for the last preceding seven days, in accordance lication, to be furnished by with the form contained in schedule B of this section, and a copy of such returns, signed by the officer of the company, responsible for their correctness, shall be forwarded by the company to the said Commissioner within seven days. company. Copies to be posted up in head office. Penalty for not doing so. Report to the Another copy of each of such returns, signed by the same officer shall be posted up by the company, within the same delay, and kept posted up for seven days, in some conspicuous place in the most public room in the head office of the company in the Province, and so as the same can be perused by all comers; and free access thereto shall be allowed to all comers during the usual hours of business at such office on each of the said seven days, not being a Sunday or holiday. Any company which fails to forward the said weekly returns to the said Commissioner or which fails to post up and keep posted up a copy thereof, as aforesaid, and allow free access thereto, as aforesaid, shall be liable to a penalty not exceeding ten dollars for every day during which such default continues. 43-44 V., c. 43, s. 31; 50 V., c. 7, s. 12. 5180. The Commissioner of Public Works shall lay before. Legislature. both Houses of the Legislature, within twenty-one days from the commencement of each session, the returns made and rendered to him, in pursuance of article 5178. 43-44 V., c, 43, s. 32; 50 V., c. 7, s. 12. Returns to be privileged communica tions. Railway how constituted. 5181. All returns made in pursuance of any of the provisions of this section shall be privileged communications, and shall not be evidence in any court whatsoever. 43-44 V., c. 43 s. 33. § 20.-Railway Committee. 5182. The Lieutenant-Governor may, from time to time, Committee, appoint such members of the Executive Council, to the number of four at least, as he may see fit, to constitute the Railway Committee of the Executive Council, and such Committee shall have the powers and perform the duties assigned to it by this section. 43-44 V., c. 43, s. 34. Powers and duties. Chairman 5183. The Railway Committee shall appoint one of its memand secretary. bers to be chairman, and the assistant commissioner of Public Works, or some other fit person appointed by the Committee, shall be the secretary of the Committee. 43-44 V., c. 43, s. 35 ; 50 V., c. 7, s. 12. Railway not till after one 5184. No railway or portion of any railway shall be opened to be opened for the public conveyance of passengers, until one month after notice, in writing, of the intention to open the same has been given by the company to which the railway belongs, to the month's no tee of inten Railway Committee, and until ten days after notice in writing tice to Railhas been given by the company to the Railway Committee, of way Committhe time when the railway or portion of railway will be, in the tion to open opinion of the company, sufficiently completed for the safe the same. conveyance of passengers, and ready for inspection. 43-44 V., c. 43, s. 36. contraven 5185. If any railway or portion of a railway be opened Penalty for without such previous notices above mentioned, the company in to which such railway belongs shall forfeit to Her Majesty the sum of two hundred dollars, for every day during which the same continues open, until the notices have been duly given and the delays have expired. 43-44 V., c. 43, s. 37. notice to have gineer. 5186. The Railway Committee, upon receiving such notifi- Duty of Comcation, shall direct one or more of the engineers attached to the mittee after Department of Public Works to examine the railway proposed road inspectto be opened, and all bridges, culverts, tunnels, road-crossings ed by enand other works and appliances connected therewith, and also all engines and other rolling stock intended to be used thereon. If the inspecting engineer report in writing to the Committee, Railway Committee that, in his opinion, the opening of the upon report of engineer and same would be attended with danger to the public using sanction of the same, by reason of the incompleteness of the works or per- Lieutenantmanent way, or the insufficiency of the establishment for Council, may working such railway, together with the ground of such postpone the opinion, the Railway Committee, with the sanction of the Lieu- opening of tenant-Governor in Council, and so from time to time, as often as such engineer after further inspection thereof, SO reports, 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. 43-44 V., c, 43, s. 38; 50 V., c. 7, s. 2. Governor in the road, &c. 5187. If any railway, or any portion thereof, be opened Penalty for contrary to such order or direction of the Railway Committee, trary to order opening conthe company to which the railway belongs shall forfeit to Her of Committee. Majesty the sum of two hundred dollars for every day during which the same continues open contrary to such order or direction. 43-44 V., c. 43, s. 39. such order to 5188. No such order shall be binding upon any railway When only company, unless therewith is delivered to the company a copy be binding on of the report of the inspecting engineer on which the order is company. founded. 43-44 V., c. 43, s. 40. 5189. The Railway Committee, whenever it receives infor- Committee mation to the effect that any bridge, culvert, viaduct, tunnel, or may cause any work to any other portion of any railway, or any engine, car, or carriage be inspected used or for use on any railway, is dangerous to the public by engineer. using the same, from want of repair, insufficient or erroneous construction, or from any other cause, or whenever circum |