ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: SHORT TITLE, 1. This Act may be cited as " The Railway Act of Ontario." Short title. R. S. O. 1877, c. 165, s. 1. Interpretation of words. "The Special Act.' INTERPRETATION. 2. Where the words following occur in this Act, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears: 1. "The Special Act" shall be construed to mean any Act authorizing the construction of a railway, and with which this Act is incorporated; "Prescribed." 2. "Prescribed," used in this Act in reference 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; The "Lands." "The undertaking." Interpretation of words in this Act and in Special Acts. "Lands." "Lease." "Toll." "Goods." "County." "Highways." "Sheriff.' 3. "The Lands" shall mean the lands which by the special Act are authorized to be taken or used for the purpose thereof; 4. "The Undertaking" shall mean the railway and works, of whatever description, by the special Act authorized to be executed. R. S. O. 1877, c. 165, s. 2; 47 V. c. 30, s. 10. 3. Where the following words occur, both in this and the special Act, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears : 1. "Lands" shall include all real estate, messuages, lands, tenements and hereditaments of any tenure; 2. "Lease" shall include any agreement for a lease; 3. "Toll" shall include any rate or charge or other payment payable under this Act or the special Act, for any passenger, animal, carriage, goods, merchandise, articles, matters or things conveyed on the railway; 4. "Goods" shall include things of every kind conveyed. upon the railway, or upon steam or other vessels connected therewith; 5. "County" shall include any union of counties, county, or riding; "District and County Court Judge" shall include a Judge of a District Court; 6. "Highways" shall mean all public roads, streets, lanes, and other public ways and communications; 7. "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 sheriff or clerk of the Clerk of the peace, the expression" the sheriff," or the expression "clerk Peace.' 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, are 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, county, riding, division or place where any part of such lands are situate; 8. " Justice shall mean Justice of the Peace acting for the "Justice." district, county, riding, division, city or place where the matter requiring the cognizance 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; 9. "Owner," (where, 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 where any act is authorized or required to be done with the consent of any such 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; 10. "The Company" shall mean the company or party "The Com authorized by the special Act to construct the railway; 11. “ pany." The Railway" shall mean the railway and works by "The Railthe special Act authorized to be constructed; way." 12. "Clause" shall mean any separate section of this Act, or "Clause.” of any other Act therein referred to, distinguished by a separate number; 13. "Shareholder" shall mean every subscriber to or holder "Shareof stock in the undertaking, and shall extend to and include holder." the personal representatives of the shareholder. R. S. O. 1877, c. 165, s. 3. PART FIRST. APPLICATION OF ACT. 4. Where not otherwise expressed, this and the following Application of sections to section 44 inclusive, shall apply to every rail- Act. way which is subject to the Legislative authority of the Legislature of this Province and has been authorized to be constructed by any special Act of the late Province of Canada or of this Province, passed since the 30th day of August, 1851, or is What shall be sufficient in this Act with Special Acts. authorized to be constructed by any special Act passed 5. Every special Railway Act shall be a public Act, and for making an in- the purpose of incorporating this Act or any of its provisions corporation of with a special Act, it shall be sufficient in such Act to enact, that the clauses of this Act, with respect to the matter so proposed to be incorporated, referring to the same in the word or words at the head of and introductory to the enactment with respect to such matter, shall be incorporated with the special Act, and thereupon all the clauses and provisions of this Act, with respect to the matter so incorporated, shall, save in so far as they are expressly varied or excepted by the special Act, form part thereof, and the special Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which the special Act relates. R. S. O. 1877, c. 165, s. 5. Power to con- 6. The power given by the special Act to construct the struct railway railway, and to take and use lands for that purpose, shall be etc., to be exercised subject exercised subject to the provisions and restrictions contained in to provisions this Act. R. S. O. 1877, c. 165, s. 6. of this Act. Compensation . lands damag ed. 7-(1) For the value of lands taken, and for all damages to to be made for lands injuriously affected by the construction of the railway, in the exercise of the powers by this or the special Act, or any Act incorporated therewith, vested in the company, compensation shall be made to the owners and occupiers of, and to all other persons interested in any lands so taken or injuriously affected. How compensation to be determined. (2) Unless otherwise specially provided by this Act or the special Act, the amount of such compensation shall be ascertained and determined in the manner provided by this Act. R. S. O. 1877, c. 165, s. 7. INCORPORATION. Companies established to be bodies corporate, etc. 8. Every company established under a special Act shall under Special be a body corporate under the name declared in the special Acts, declared Act, and shall be invested with all such powers, privileges and immunities as are necessary to carry into effect the intentions and objects of this Act and of the special Act therefor, and are Rev. Stat. c. 1, incident to such corporation, or are expressed or included in The Interpretation Act. R. S. O. 1877, c. 165, s. 8. 8. 8 (25). POWERS. 9. The company shall have power and authority Powers: grants of land etc.; 1. To receive, hold and take all voluntary grants and To receive donations of land or other property made to it, to aid in 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; 2. To purchase, hold and take of any corporation or person Purchase any land or other property necessary for the construction, land; maintenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same; etc. 3. The railway company shall not take possession of, use or Occupy public lands, beaches, occupy any lands belonging to the Province, without the consent of the Lieutenant-Governor in Council; but with such consent 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 Province lying on the route of the railway as have not been granted or sold, and as may be necessary for the 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; across lands of 4. To inake, carry or place the railway across or upon the Carry railway lands of any corporation or person on the line of the railway, corporations, or within the distance from such line stated in the special Act, and others; although through error or other cause the name of such party has not been entered in the book of reference hereinafter mentioned, or although some other party has been erroneously mentioned as the owner of or entitled to convey, or is interested in, such lands; etc. 5. To construct, maintain, and work the railway across, And across or along or upon any stream of water, water course, canal, high- along streams, way or railway which it intersects or touches; but the stream, water course, highway, canal or railway so intersected or touched, shall be restored by the company to its former state, or to such state as not to impair its usefulness; but this shall not authorize the obstruction of the navigation of any navigable water; one or more 6. To make, complete, alter and keep in repair the rail- Complete way, with one or more sets of rails or tracks to be worked by Railway with the force and power of steam, or of the atmosphere, or of tracks, etc.; animals, or by mechanical power, or by any combination of them; 7. To erect and maintain all necessary and convenient Erect necesbuildings, stations, depots, wharves and fixtures, and from time sary buildings, to time to alter, repair or enlarge the same, and to purchase and wharves, etc. |