Powers of the cases. 4. The court shall have power at any time and from Court in such time to time to set aside the award made and to remit the matters referred, or any or either of them, to the re-consideration and re-determination of the arbitrators as the case may require, upon such terms as to costs or otherwise as the court shall deem proper. Time for application to Court limited. Proviso. Court may make final order and determination in the case. Its effect. Deposit required as security for costs. Court may exercise cer 5. All applications to set aside any award made, or to have the matter thereof remitted for re-consideration, shall be made within three months after the publication of the award and notice to the parties: Provided that the time of the vacations of the court shall not be counted as part of such time. 6. The court may, if they think proper, upon the evidence taken before the arbitrators, or upon the same and any further evidence which they may order to be adduced before them, make such final order and determination of the matters referred as they shall deem just and right between the parties; and such final order and determination shall be ordered to be performed and shall be enforced by the court, and the same shall be taken and dealt with as a final award under the authority of the said "Act respecting the Public Works of Canada." 7. No application shall be entertained by the court to set aside any award made, or to remit the subject-matter thereof for re-consideration, until a deposit of fifty dollars shall have been paid to the Registrar of the court as security for any costs that may be incurred, to be subject to the order of the court. 8. The court shall have and may exercise all the powers tain powers. contained in the Supreme and Exchequer Court Acts, which according to the nature of the case are applicable to cases of reference under this Act. Appeal to Costs, and enforcement of orders. 9. An appeal shall lie from the Exchequer Court to the Supreme Court from all judgments, orders, rules and decisions in like cases and upon the same terms and conditions as are provided in the Supreme and Exchequer Court Acts. 10. All costs, whether for or against the claimant or claimants, or for or against the Crown, shall be in the order and discretion of the court, and are to be taxed and allowed by its proper officer, and all judgments, orders, and decisions of the court shall be enforced by its process. CHAP. CHAP. 9. An Act to amend and consolidate "The Railway Act, 1868," and the Acts amending it. NOTE. The date in the margin opposite any provision, is the year in which it was made by this Act (1879) or by An Act amending that of 1868 and repealed by s. 102 of this Act. [Assented to 15th May, 1879.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: 1. In citing this Act, it shall be sufficient to use the ex- Short title,; pression "The Consolidated Railway Act, 1879." 1879, APPLICATION OF ACT. parts of this 2. The provisions of this Act from section five to section Application thirty-four, both inclusive, being Part First of this Act, shall of the several apply to the Intercolonial Railway constructed under the Act. authority of the Act of the Parliament of Canada, passed in the thirty-first year of Her Majesty's reign, and intituled "An Act respecting the construction of the Intercolonial Rail- 31 V., c. 13. way," so far as they are applicable to the undertaking and in so far as they are not inconsistent with 'or contrary to the provisions of the said Act or any other Act respecting it : 2. The said sections shall also apply to every railway con- The same. structed or to be constructed under the authority of any Act passed by the Parliament of Canada, and shall, so far as they are applicable to the undertaking, and unless they are expressly varied or excepted by the Special Act, be incorporated with the Special Act, form part thereof, and be construed therewith as forming one Act. 3. For the purpose of excepting from incorporation with How any secthe Special Act any of the sections forming Part First of tion may be excepted from this Act, it shall be sufficient in the Special Act to enact, incorporation that the sections of this Act proposed to be excepted, referring with any Special Act. to them by the words forming the headings of such sections respective y, shall not be incorporated with such Act, and the Special Act shall thereupon be construed accordingly. 4. The provisions of this Act from section thirty-four to To what Railsection ninety-eight both inclusive, being Part Second, shall ways the other provisapply to the Intercolonial Railway, in so far as they are not ions of this varied by, or inconsistent with the Special Act respecting Act shall apply. it, to all railways constructed by the Government of Canada, or Subject to provisions of this Act. 1879. Interpreta or being or having become the property of the Dominion of Canada, in or since the year 1868, in so far as they are not inconsistent with any Special Act respecting them, and to all railways which have been in or since the said year, or which may be hereafter constructed under the authority of or made subject to any Special Act passed by the Parliament of Canada, and to all companies incorporated for their construction and working, subject always to any provision hereinafter made as to the application of any section or provision of either part of this Act to any Province, place or railway, or as to the time from which it is to be held as so applying. PART FIRST. INTERPRETATION. 5. 1. The expression "the Special Act," used in this Act "the Special shall be construed to mean any Act authorizing the construction of a railway, with which this Act or "The Railway Act, 1868," is incorporated: Act." "Prescribed." "The Lands." "The undertaking." In this and the Special Act. "Lands." "Lease." "Toll" "Goods." 2. The word "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: 3. The expression "the lands" shall mean the lands which by the Special Act are authorized to be taken or used for the purpose thereof: 4. The expression "the undertaking" shall mean the railway and works, of whatever description, by the Special Act authorized to be executed: 5. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction, that is to say: 6. The word "Lands" shall include all real estate, messuages, lands, tenements and hereditaments of any tenure: 7. The word "Lease" shall include any agreement for a lease: 8. The word "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, matters or things conveyed on the railway: 9. The word "Goods" shall include things of every kind that may be conveyed upon the railway, or upon steam or other vessels connected therewith: 10. The word " County" shall include any union of coun- "County," ties, county, riding, or like division of a county in any Province, or any division thereof into separate municipalities in the Province of Quebec: 11. The word "Highways" shall mean all public roads, "Highways.' streets, lanes, and other public ways and communications: 12. The word "Sheriff" shall include Under Sheriff, or "Sheriff." 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 Peace, the expression "the Sheriff," or the expression "Clerk of the Peace," shall in such case be con- "Clerk of the strued to mean the sheriff or clerk of the peace of the dis- Peace." trict, 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, be 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: 13. The word "Justice" shall mean a Justice of the "Justice." Peace acting for the 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; and where any matter is authorized or required to be done by two Justices, the expression "two "Two JustiJustices" shall be understood to mean two justices assem- ces." bled and acting together: 14. The word "owner," where, under the provisions of "Owner. this Act or the 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 the 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 : 15. The expression "the Company" shall mean the com- "The Com pany or party authorized by the Special Act to construct the pany." railway: 16. The expression "the Railway" shall mean the rail- "The Rail. way and the works by the Special Act authorized to be con- way." structed. INCORPORATION. INCORPORATION. Companies established to be bodies 6. Every Company established under any Special Act under Special shall be a body corporate under the name declared in the Acts, declared Special Act, and shall be vested with all the powers, privicorporate, &c. leges and immunities necessary to carry into effect the intentions and objects of this Act and of the Special Act therefor, and which are incident to such corporation, or are expressed or included in "The Interpretation Act." 31 V., c 1. Powers. To receive grants of land, &c.; To purchase land; То оссиру POWERS. 7. The Company shall have power and authority,— 1. To receive, hold and take all voluntary grants and'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 any land or other property necessary for the construction, maintenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same: 3. No railway company shall take possession of, use or public lands, occupy any lands vested in Her Majesty, without the conwith consent' sent of the Governor in Council; but with such consent any of the Crown. 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 Crown lying on the route of the railway, as have not been granted or sold, and as may be necessary for such 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, subject, however, to the exceptions contained in the next following sub-section : 4. Whenever it is necessary for the company to occupy any part of the lands belonging to the Queen, reserved for naval or military purposes, they shall first apply for and obtain the license and consent of Her Majesty, under the hand and seal of the Governor, and having obtained such license and consent, they may at any time or times enter into and enjoy any of the said lands for the purposes o the railway; but in the case of any such naval or military reserves, no such license or consent shall be given except upon a report first made thereupon by the naval or military authorities in which such lands are for the time being vested, approving of such license and consent being so given: |