ANNO DECIMO ET UNDECIMO

VICTORIÆ REGINE.

CAP. CXVIII.

An Act to incorporate The Bytown and Britannia Rail-way Company.

Reserved for the signification of Her Majesty's pleasure, 28th July, 1847.

The Royal Assent given by Her Majesty in Council on the 15th April, 1848; and Proclamation made thereof by His Excellency JAMES, EARL OF Elgin and KINCARDINE, in the Canada Gazette of the 24th June, 1848.

W

certain corpo

rate powers

conferred on

them.

HEREAS the construction of a Rail-way from Bytown to Britannia in the Preamble. District of Dalhousie, would greatly contribute to the facility of intercourse between many parts of this Province lying upon the River Ottawa and the City of Montreal, and to the advancement and prosperity of the country lying upon the said river and of this Province generally; And whereas the several persons hereinafter named are desirous to make and maintain the said Rail-way: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That John Scott, Nelson George Robin- Certain person, George Byron Lyon, George William Baker, Charles Sparrow, Hammett Hill, sons incorJames Skead, John Robertson, John Sumner and Andrew Main, together with such purposes of person or persons as shall, under the provisions of this Act, become subscribers to and this Act; and proprietors of any share or shares in the Rail-way hereby authorized to be made and other works and property hereinafter mentioned, and their several and respective heirs, executors, administrators, curators and assigns, being proprietors of any such share or shares, are and shall be, and be united into a Company for carrying on, making, completing and maintaining the said intended Rail-way and other works, according to the rules, orders and directions hereinafter expressed, and shall for that purpose be one body politic and corporate by the name of The Bytown and Britannia Rail-way Corporate Company, and by that name shall have perpetual succession and shall have a common seal, and other the usual powers and rights of bodies corporate not inconsistent with this Act, and by that name shall and may sue and be sued, and also shall and may have power and authority to purchase and hold lands, (which word shall throughout this Act be understood to include the land and all that is upon or below the surface thereof, and all the real rights and appurtenances thereunto belonging,) for them and their successors and assigns, for the use of the said Rail-way and works, and also to alienate and convey any of the said lands, purchased for the purposes aforesaid, and any person or persons, bodies politic or corporate, or communities may give, grant, bargain, sell or convey to the said Company any lands for the purposes aforesaid, and the same may

name and powers.

Word 'Lands' how under

stood in this

Act.

be made on

any plan.

Direction of

Rail-way may may re-purchase of the said Company without Lettres d'Amortissement: And the said Company shall be and are hereby authorized and empowered from and after the passing of this Act, by themselves, their deputies, agents, officers, workmen and servants, to make and complete a Rail-way or Rail-ways to be called The Bytown and Britannia Rail-way, with one or more sets of Rails or Tracks, and to be worked by locomotive engines, or on the atmospheric principle, or in such other mode as the said the said Rail Company may deem expedient, from some place or places in Bytown aforesaid to some place or places in the Township of Nepean, at or near the Britannia Mills, and in as direct a line as may be found convenient, and to erect wharves, warehouses, stores and other buildings at either termination, and at such other places on the line Power to hold of the said Rail-way or Rail-ways as they may deem expedient; and to build, or purchase, hold and use one or more steamboats or other vessels to ply on the waters of the River Ottawa, from the upper termination of the said Rail-way, or any place above such termination, to Fitzroy Harbour, and thence to the Portage du Fort, in the Township of Ross.

way.

Steamboas,

&c.

Governor in

Council to fix the gauge of the Rail way.

Power to the Company to set out and survey lands

necessary for their works, &c.

To get and

place materials.

II. And be it enacted, That it shall and may be lawful for the Governor in Council to determine the gauge which shall be used in the Rail-way in this Act mentioned, and such determination shall be declared by Proclamation in the Official Gazette, and shall thereupon be binding upon the said Company.

III. And be it enacted, That for the purposes aforesaid, the said Company, their deputies, servants, agents and workmen, are hereby authorized and empowered to enter into and upon any lands and grounds of the Queen's Most Excellent Majesty, not hereinafter excepted, without leave or license first had and obtained from Her Majesty, or of any person or persons, bodies politic or corporate, or collegiate, or communities or parties whatsoever, and to survey and take levels of the same, or any part thereof, and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said intended Rail-way and other works hereby authorized, and all such works, matters and conveniences as they shall think proper and necessary for making, effecting, preserving, improving, completing, maintaining and using the said intended Rail-way and other works, and also to bore, dig, cut, trench, get, remove, take, carry away, and lay earth, clay, stone, soil, rubbish, trees, roots of trees, beds of gravel or sand, or any other matters or things which may be dug or got in making the said intended Rail-way or other works, on or out of the lands grounds of any person or persons adjoining or lying convenient thereto, and which m proper, requisite or necessary for making or repairing the said intended Rail-way, o the works incidental or relative thereto, or which may hinder, prevent or obstruct the making, using or completing, extending or maintaining the same respectively, according to the intent and purpose of this Act; and to make, build, erect and set up, in or upon the said intended Rail-way, or upon their lands adjoining or near the same respectively, such and so many houses, warehouses, toll-houses, watch-houses, telegraphs or other signals, weighing beams, cranes, fire-engines, steam-engines, or other engines, either stationary or locomotive, inclined planes, machines, and other works, ways, roads and conveniences, as and when the said Company shall think requisite and convenient for the purposes of the said Rail-way and works; and also from time to time to alter, repair, divert, widen, enlarge and extend the same, and also to make, maintain, other works for repair and alter any fences or passages over, under or through the said intended Railway, and to construct, erect and keep in repair any bridges, arches and other works

To erect

buildings, ma chinery, &c.

Bridges ard

passing streams, &c.

v be

upon

upon and across any rivers or brooks for the making, using, maintaining and repairing the said intended Rail-way; and to turn any such brook, river or water-course, and to change its course; and to construct, erect, make and do all other matters and things which they shall think convenient and necessary for the making, effecting, extending, preserving, improving, completing, and easy using of the said intended Rail-way and other works, in pursuance of, and according to the true intent and meaning of this Act, they, the said Company, doing as little damage as may be, in the execution of the several powers to them hereby granted, and making satisfaction in manner hereinafter mentioned to the owners or proprietors of, or the persons interested in the lands, tenements or hereditaments, water, water-courses, brooks or rivers respectively, which shall be taken, used, removed, prejudiced, or of which the course shall be altered, or for all damages to be by them sustained in or by the execution of all or any of the powers given by this Act; and this Act shall be sufficient to indemnify the said Company and their servants, agents or workmen, and all other persons whatsoever for what they, or any of them, shall do by virtue of the powers hereby granted, subject nevertheless to such provisions and restrictions as are hereinafter mentioned.

Other works

necessary for

the Railway.

As little damto be done,

age as possible

and compensa

tion to be

made.

How the Railway shall be public roads,

carried across

&c.

IV. Provided always, and be it enacted, That whenever the said Company shall have occasion to carry their said Rail-way along or across any street or highway in Bytown or the Town of Fitzroy, they shall at all times leave at least one-half of the width of the road-way clear of all obstructions arising from their work, (unless they shall obtain leave to do otherwise under a By-law of the Municipal Council of the District of Dalhousie, or the Corporation of Bytown, as the case may be,) and under a penalty of five pounds for any contravention, over and above all damages sustained by any party; and the said Company shall not carry the said Rail-way along any street or existing highway out of the said towns, but merely cross the same in the line of the said road; and before they shall in any way obstruct such street or highway with their works, they shall turn the said highway or street at their own charges so as to leave an open and good passage for carriages free from obstructions, and when their works are completed, they shall replace the said highway or street, under a penalty of five pounds Rail itself not for any contravention, but in either case the rail itself, provided it does not rise above to be deemed or sink below the surface of the road more than one inch, shall not be deemed an obstruction.

an obstruction.

be carried

V. Provided also, and be it enacted, That the said Company shall and may, if they Rail-way may think fit, carry the said Rail-way, through the Concession Line between the First along a certain Concession and Concession A, or the broken front in the Township of Nepean, Ottawa concession front, which is otherwise useless to the public.

Line.

Company to

take surveys and levels of

the lands

through which

VI. And be it enacted, That for the purposes of this Act, the said Company shall and may by some sworn Land Surveyor for Upper Canada, and by an Engineer or Engineers by them to be appointed, cause to be taken and made, surveys and levels of the lands through which the said intended Rail-way is to be carried, together with a the Rail way is map or plan of such Rail-way, and of the course and direction thereof, and of the said to be carried, lands through which the same is to pass, and the lands intended to be taken for the map or plan. several purposes authorized by this Act, so far as then ascertained, and also a book of reference for the said Rail-way, in which shall be set forth a general description of the said several lands, and the names of the owners, occupiers, and proprietors thereof, so far as they can be ascertained by the said Company, and in which shall be contained

and make a

Book of refer

made and de

ence to be

posited with

the plan.

every

When the

ses any high

every thing necessary for the right understanding of such map or plan, one copy whereof shall be deposited in the office of the Clerk of the Municipal Council for the District of Dalhousie and another in the office of the said Company; and all persons shall have liberty to resort to such copies so to be deposited as aforesaid, and to make extracts or copies thereof as occasion shall require.

VII. Provided always, and be it enacted, That where the said Rail-way shall cross any highway, (which word shall in this Act include all public roads, streets, lanes or other way, the rail, public ways or communications,) neither the rail nor any other part of the Rail-way or works connected therewith, shall rise above the level of such street or highway, or sink below the level of such street or highway, more than one inch; and the said Railway may be carried across any highway or above any highway within the limits afore

&c. to be

within one

inch of the surface.

Height and breadth of

bridges over any highway.

said.

VIII. Provided always, and be it enacted, That where any bridge shall be erected or made by the said Company, for the purposes of carrying the said Rail-way over or across any highway, the space of the arch of any such bridge shall be formed and shall at all times be and be continued of such breadth as to leave a clear and open space under every such arch of not less than twenty feet, and a height from the surface of such Descent under highway to the centre of such arch, of not less than sixteen feet, and the descent under any such bridge shall not exceed one foot in twenty feet.

bridges.

And of bridges for carrying a public road

IX. Provided always, and be it enacted, That in all places where it may be neces sary to erect, build or make any bridge or bridges for carrying any highway over the over the Rail- Rail-way, the ascent of every such bridge for the purpose of every such highway shall not be more than one foot in twenty feet; and a good and sufficient fence shall be made on each side of every such bridge, which fence shall not be less than four feet above the surface of such bridge.

way.

Fence to bridge.

X. Provided always, and be it enacted, That the said Company shall, at each and every place where the said Rail way shall cross any highway on a level, erect and keep up a sign-board stretching across the highway at such height as to leave sixteen feet from the highway to the lower edge of the sign-board, and having the words "RAILWAY-CROSSING" painted on each side of such sign-board, and in letters not less than six inches in length; and for each and every neglect to comply with the requirements of this section, the said Company shall incur a penalty not exceeding five pounds cur

rency.

XI. And be it enacted, That the said Company, in making the said intended Rail-way, shall not deviate more than a mile from the line of the Rail-way or from the places as signed to the several works of the Company, in the map or plan and book of reference deposited aforesaid, nor cut, carry, place, lay down or convey the said Rail-way into, through, across, under or over any part of any lands or grounds not shown and mentioned in such map or plan and book of reference, as being required for such purpose, or as being within one mile of the said line and of the places assigned therein to the said works respectively, (save in such instances as are herein specially provided for,) without the consent of the party or parties who could, under the provisions of this Act, convey such lands.

XII. And be it enacted, That the said Company may make, carry or place their said intended Rail-way and works, into, across or upon the lands of any person or party whomsoever on the line aforesaid, or within the distance aforesaid from such line, although the name of such party be not entered in the said book of reference, through error, want of sufficient information, or any other cause, or although some other person or party be erroneously mentioned as the owner of or party entitled to convey, or interested in such lands.

Effect of errors

as to the book

of reference.

Lands taken for Rail-way not to exceed thirty yards in

breadth.

Exceptions for

deep cutting,

passing places,

&c.

And for sta

tions for ma

chinery, &c.

XIII. And be it enacted, That the lands or grounds to be taken or used for such intended Rail-way, and the ditches, drains and fences to separate the same from the adjoining lands, shall not exceed thirty yards in breadth, except in such places where the said intended Rail-way shall be raised more than five feet higher, or cut more than five feet deeper than the present surface of the land, or in such places where it shall be judged necessary to have off-sets for the locomotives or other engines and carriages using the said intended Rail-way to be or pass each other (and not above one hundred yards in breadth in any such place,) or where any houses, ware-houses, wharves, tollhouses, watch-houses, weighing-beams, cranes, fixed engines or inclined planes, may be intended to be erected, or goods, wares or merchandize to be delivered, (and then not more than one hundred and fifty yards in length, by one hundred yards in breadth,) without the consent of some party who can, under the provisions of this Act, convey such lands to the said Company, and the places at which such extra breadth is to be taken, shall be shewn on the said map or plan, so far as the same may be then ascertained, but their not being so shewn shall not prevent the Company from taking such extra breadth, provided it be taken upon the line shewn or within the distance aforesaid from such line: Provided always, that no land shall be taken by the said Company from any public highway, (except only as provided in the fourth Section) but their right shall be limited to the laying down across the same, that is in the line of the said Rail-way at whatever angle it may intersect such highway, the rails and other contrivances, forming part of the said Rail-way, subject to the limitations mentioned in the sixth Section, or any other part of this Act; nor shall any land or property vested in Or vested in Her Majesty, or in any party in trust for Her Majesty, except under the next following the Crown. section, be taken by the said Company without the consent of Her Majesty, or of the party in whom the same shall be so vested in trust.

XIV. And be it enacted, That it shall be lawful for the said Company to take, use, occupy and hold, but not to alienate, so much of the Public Beach or of the land covered with the waters of the River Ottawa or on the Rideau Canal at Bytown, the consent of the Principal Officers of Her Majesty's Ordnance being first obtained, not used or occupied for any public work or vested in any party, (not exceeding the quantity limited in the next preceding section,) as may be required for the Rail-way, and other works which they are hereby authorized to construct, doing no damage to nor causing any obstruction in the navigation of the said river or canal.

Proviso as to

lands forming part of public

roads, &c.

Company may

use the Public

Beaches, &c. doing no da

mage to the

After any lands have so

been set out.,

all bodies cor

porate, &c.

XV. And be it enacted, That after any lands or grounds shall be set out and ascertained in manner aforesaid, for making and completing the said Rail-way and other works, and other the purposes and conveniences hereinbefore mentioned, it shall and may be lawful for all bodies politic, corporate, or collegiate, corporations aggregate may sell their or sole, communities, tenants in tail, or for life, guardians, curators, executors, admi- property nistrators, and all other trustees or persons whatsoever, not only for and on behalf of Company. themselves, their heirs and successors, but also for and on behalf of those whom they

therein to the