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CHAP. 58.

THE RAILWAY ACT, 1903.

ARRANGEMENT OF CLAUSES.

I. SHORT TITLE, 1.

II. INTERPRETATION, 2.

III. APPLICATION OF ACT, 3 to 7.

IV. RAILWAY COMMISSION.

Name, constitution, duties, etc., 8 to 22.
Jurisdiction and general powers, 23 to 25.

V. PRACTICE AND PROCEDURE, 26 to 50.

VI. INCORPORATION AND ORGANIZATION OF COMPANY.
Incorporation, 51.

Offices, 52.

[blocks in formation]

Bonds, mortgages, and borrowing powers, 111 to 116.

VII. CONSTRUCTION OF RAILWAY.

Limitation of time for construction, 117.

General powers, 118 to 121.

Location of line

Surveys, plans, profiles and books of reference, 122 to

131.

Mines and minerals, 132, 133.

Taking or using lands

Crown lands, 134 to 136.

Lands of other railway companies, 137.

Lands of private owners—

For right of way, stations and terminals, 138.

For additional purposes, 139.

For construction or repairs, 140.

For ballast pits, water materials, and right of way thereto, 141.

Purchase of whole lot when more advantageous, 142.

For snow fences, 143.

VII. CONSTRUCTION OF RAILWAY-Continued.

Taking or using lands

Sale and conveyance, 144 to 151.

Proceedings for expropriation, 152 to 158.
Arbitration, 159 to 168.

Possession, 169 to 174.

Branch lines, 175, 176.

Crossings and junctions

Railway crossings and junctions, 177, 178.
Navigable waters, 179 to 183.

Highway crossings, 184 to 191.

Telegraph, telephone, and other lines and wires, 192

to 195.

Drainage, 196, 197.

Farm crossings, 198.

Fences, gates and cattle-guards, 199 to 201.
Bridges, tunnels and other structures, 202, 203.
Stations, 204.

Wages of labourers on subsidized lines, 205.

VIII. INSPECTION OF RAILWAY.

Inspecting engineers, 206.

Inspection

Before opening, 207.

When out of repair, 208 to 210.

IX. OPERATION OF RAILWAY.

Trains

Equipment, apparatus and appliances, 211 to 213.
Accommodation and running of trains, 214 to 231.

Carriage of mails, naval and military forces, etc., 232.
Telegraphs and telephones, 233, 234.

Accidents, 235, 236.

Animals at large, 237.

Weeds on company's land, 238.

Prevention of, and liability for, fires, 239.

Purchase of railway by person without corporate power to

operate, 240.

Railway constables, 241.

Actions for damages, 242.

X. BY-LAWS, RULES AND REGULATIONS, 243 to 250.

XI. TOLLS.

By-laws, 251.

Discrimination, 252 to 254.

Freight classification, 255.

Tariffs

General provisions respecting all tariffs, 256 to 258. Local freight tariffs, between points on the railway, 259 to 262.

Local passenger tariffs, between points on the railway, 263 to 265.

XI. TOLLS-Continued.

Tariffs

Through traffic

In Canada, 266, 267.

Through, into and from foreign countries, 268 to 270.

General provisions respecting through traffic, 271 to 273.

Publication of tariffs, 274.

General provisions respecting carriage, 275.

Traffic by water, 276.

Traffic over or through certain railway bridges or tunnels,

277.

Express companies, 278.

Penalties and actions, 279.

Collection of tolls, 280.

XII. AMALGAMATION AND TRAFFIC AGREEMENTS, 281 to 284.

XIII. INSOLVENCY, 285 to 289.

XIV. OFFENCES AND PENALTIES, 290 to 301.

XV. STATISTICS AND RETURNS, 302 to 309.

XVI. REPEAL OF ACTS AND COMING INTO FORCE OF THIS ACT, 310, 311.

8 EDWARD VIL

CHAP. 58.

AN ACT TO AMEND AND CONSOLIDATE THE LAW
RESPECTING RAILWAYS.

[Assented to 24th October, 1903.]

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

I. SHORT TITLE.

1. This Act may be cited as The Railway Act, 1903.

II. INTERPRETATION.

Short title.

tion.

2. In this Act, and in the Special Act incorporating Interpretaany railway company to which this Act, or any part thereof, applies, unless the context otherwise requires,(a.) The expression "Board" means the "Board of "Board." Railway Commissioners for Canada " ;

(b.) The expression "by-law," when referring to the act of the company, includes a resolution;

(c.) The expression "company means a railway company, and includes any person having authority to construct or operate a railway;

(d.) The expression" costs " includes fees, counsel fees, and expenses;

(e.) The expression "county" includes any county, union of counties, riding, or like division to that of a county in any province, or in the province of Quebec, any division thereof into separate municipalities;

(f.) The expression "county" means a superior court of the province or district;

(g.) The expression "Exchequer Court" means the Exchequer Court of Canada.

(h.) The expression "goods" includes personal property of every description that may be conveyed upon the railway, or upon steam vessels, or other vessels connected with the railway;

"By-law."

66

Company."

"Costs."

"County."

"Court."

"Exchequer Court."

"Goods."

(i.) The expression "highway" includes any public "Highway." road, street, lane or other public way or communication; (j) The expression "inspecting engineer means an engineer who is directed by the Board, or by the Minister,

"Inspecting engineer."

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