way across others; 5. The company shall have power and authority to make, Power to carry or place the railway across or upon the lands of any carry Railcorporation or person on the line of the railway, or within lands of corthe distance from such line stated in the Special Act, porations, and 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: Proviso. 6. To construct, maintain and work the railway across, And across or along streams along, or upon any stream of water, water-course, canal, o highway 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 : one or more 7. To make, complete, alter and keep in repair the railway, To complete with one or more sets of rails or tracks, to be worked by the Railway with force and power of steam, or of the atmosphere, or of animals, tracks, &c.; or by mechanical power, or by any combination of them; buildings, 8. To erect and maintain all necessary and convenient To erect buildings, stations, depôts, wharves and fixtures, and from necessary time to time to alter, repair or enlarge the same, and to pur- wharves, &c. chase and acquire stationary or locomotive engines and carriages, waggons, floats and other machinery necessary for the accommodation and use of the passengers, freight and business of the railway; 9. To make branch railways, if required and provided by Branch Railthe Special Act, and to manage the same, and for that pur- ways; pose to exercise all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the railway; 10. To construct and make all other matters and things All other necessary and convenient for the making, extending and matters and things necesusing of the railway, in pursuance of this Act, and of the sary for RailSpecial Act; way; goods on 11. To take, transport, carry and convey persons and To convey goods on the railway, to regulate the time and manner in persons and which the same shall be transported, and the tolls and com- Railway; pensation to be paid therefor, and to receive such tolls and compensation; 12. To borrow from time to time, either in Canada or else- To borrow where, such sums of money as may be expedient for com- money, &c. pleting, maintaining or working the railway, and at a rate of interest not exceeding eight per cent. per annum, and to make the bonds, debentures or other securities granted for the To issue tures, &c., pledging Company's the sums so borrowed, payable either in currency or in sterbonds, deben- ling, and at such place or places within Canada, or without, as may be deemed advisable, and to sell the same at such prices or discount as may be deemed expedient, or be necessary, and to hypothecate, mortgage or pledge the lands, tolls, revenues and other properties of the company for the due payment of the said sums and the interest thereon, but no such debenture shall be for a less sum than one hundred dollars; property. To enter upon survey. 13. To enter into and upon any lands of Her Majesty lands, &c., for without previous license therefor, or into and upon the lands of any corporation or person whatsoever lying in the intended route or line of the railway; and to make surveys, examinations, or other necessary arrangements on such lands necessary for fixing the site of the railway, and to set out and ascertain such parts of the lands as are necessary and proper for the railway; To remove trees. To cross or unite with other Railways. But not with 14. To fell or remove any trees standing in any woods lands or forests, where the railway passes, to the distance of six rods from either side thereof: 15. To cross, intersect, join and unite the railway with any other railway at any point on its route, and upon the lands of such other railway, with the necessary conveniencies for the purposes of such connection; and the owners of both railways may unite in forming such intersection, and grant the facilities therefor; and in case of disagreement upon the amount of compensation to be made therefor, or upon the point or manner of such crossing and connection, the same shall be determined by arbitrators to be appointed by a judge of one of the superior courts in the Province in which the point of junction or intersection is situated : 16. But no railway company shall avail itself of any of out applica the powers contained in the next preceding sub-section withRailway Com out application to the Railway Committee constituted under mittee under the thirty-fifth section of this Act, for approval of the tion to the sect. 35. mode of crossing, union or intersection proposed; of which application, notice in writing shall be given to any other railway affected, by sending the same by mail or otherwise, to the address of the president, superintendent, managing director or secretary of any such railway company, and when such approval has been obtained, it shall be lawful for either railway, in case of disagreement as to the amount to be paid for compensation, to proceed for the determination of such compensation as provided in the said sub-section; and this sub-section and the next preceding it vincial Rail shall extend and apply to a railway incorporated under any Act of a Provincial Legislature, in any case in which it is proposed that such railway shall cross, intersect, join or As to Pro ways. 1877. unite with a railway under the legislative control of Canada : may con certain condi 17. Any railway company may construct a branch or Any Railway branches not exceeding six miles in length from any terminus Company or station of their railway, whenever a by-law sanctioning struct branch the same has been passed by the municipal council of the Railways on municipality within the limits of which such proposed tions. branch is situate; and no such branch shall, as to the quality and construction of the road, be subject to any of the restrictions contained in the Special Act or in this Act, nor shall any thing in either of the said Acts authorize the company to take for such branch any lands belonging to any party without the consent of such party first obtained: construct purposes. 1875. given. 18. For the purpose of connecting any city, town, village, Power to manufactory or manufactories, mine or mines, or any quarry branch lines or quarries of stone or slate, or any well or spring, with the for certain main line of the railway of the company, or with any purpo branch thereof, or with any railway worked or leased by the company; and for the purpose of giving increased facilities to business, or for the purpose of transporting the products of any such manufactory, mine, quarry, well or spring, it shall be lawful for the company to build, make and construct, and to work and use, sidings, switches or branch lines of railway, not to exceed in any one case six miles in length: Provided always, that the company shall Proviso: not proceed to locate or build any branch line of more than Notice to be one quarter of a mile in length, under this section of this Act, until public notice shall have been given for six weeks in some newspaper published in the county or counties through or in which such branch line is to be made, that it is the intention of the company to apply to the Governor in Council to sanction the building of such branch line, and to appropriate the necessary lands for that purpose, under the compulsory powers vested in them by this Act, or by any other Act in their behalf; nor unless the company shall, Maps and prior to the first publication of such notice, have deposited plans: and in the Registry Office of any city, county or part of a county, Governor in in which the line or any part thereof is to be constructed, Council. the maps and plans indicating the location of the line; nor until the company shall have submitted the same to, and such maps and plans shall have been approved by the Governor in Council, after the expiration of the notice; And Proviso: provided further, that the Order of the Governor in Council, time for conapproving the said maps and plans, shall limit the time, not limited. exceeding two years from the date of such order, within which the company may construct such branch line : approval of struction b. For any and every such purpose, each and every com- Powers of pany herein referred to, shall have and may exercise all the Company as powers given them with respect to their main line, by the branch lines. to such Act 1875. Changes may be made in certain pur poses. Act incorporating the company, and the Acts amending the same or relating to the company, or the Act authorizing the construction of the main line, and this Act and any Act amending the same; and each and all provisions of the said Acts which are applicable to such extension shall extend and apply to every such siding, switch or branch line of railway: 19. Any railway company desiring at any time to change the location of its line of railway in any particular part for the line of a Railway at the purpose of lessening a curve, reducing a gradient, or any time for otherwise benefiting such line of railway, or for any other purpose of public advantage, may make such change; and all and every the clauses of this Act shall refer as fully to the part of such line of railway, so at any time changed or proposed to be changed, as to the original line; but no railway company shall have any right to extend its line of railway beyond the termini mentioned in the special Act: Proviso. Capital Stock may be in creased: how and on what conditions. Provision respecting surveys and levels. Map and book of Reference; contents. 20. The original capital stock of any railway company may be increased from time to time to any amount, but such increase must be sanctioned by a vote in person or by proxy, of at least two-thirds in amount of all the shareholders, at a meeting expressly called by the directors for that purpose, by a notice in writing to each shareholder, served on him personally, or properly directed to him, and deposited in the Post Office, at least twenty days previous to such meeting, stating the time and place and object of the meeting, and the amount of increase; and the proceedings of such meeting must be entered on the minutes of the proceedings, and thereupon the capital stock may be increased to the amount sanctioned by such a vote. PLANS AND SURVEYS. 8. Plans and surveys shall be made and corrected as follows: 1. Surveys and levels shall be taken and made of the lands through which the railway is to pass, together with a map or plan thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and also a Book of Reference for the railway, in which shall be set forth a. A general description of the said lands; b. The name of the owners and occupiers thereof, so far as they can be ascertained; and, c. Every thing necessary for the right understanding of such map or plan; and copies 2. The map or plan and Book of Reference shall be exa- To be exammined and certified by the Minister of Public Works or his ined, certified deputy, and a duplicate thereof, so examined and certified, deposited. shall be deposited in the office of the Department of Public Works, and the company shall be bound to furnish copies of such map or plan and Book of Reference or of such parts thereof as relate to each district or county through which the railway is to pass, to be deposited in the offices of the Clerks of the Peace for such districts or counties respectively: 3. Any person may resort to such copies, and make extracts Access to therefrom or copies thereof, as occasion requires, paying to Copies. the Clerks of the Peace, at the rate of ten cents for every hundred words: dence. 4. Such map or plan and Book of Reference so certified, Certified copor a true copy thereof certified by the Minister of Public ies to be eviWorks, or by the Clerks of the Peace, shall be good evidence in any court of law and elsewhere: errors how remedied. 5. Any omission, misstatement or erroneous description of Omissions or such lands, or of the owners or occupiers thereof, in any map or plan or Book of Reference, may, after giving ten days' notice to the owners of such lands, be corrected by two justices on application made to them for that purpose; and if it appears to them that such omission, misstatement or erroneous description arose from mistake, the justices shall certify the same accordingly: thereto. 6. The certificate shall state the particulars of any such Certificates omission, and the manner thereof, and shall be deposited relating with the Clerks of the Peace of the districts or counties respectively in which such lands are situate, and be kept by them along with the other documents to which they relate; and thereupon such map or plan or Book of Reference shall be deemed to be corrected according to such certificate; and the company may make the railway in accordance with the certificate: 7. If any alterations from the original plan or survey are Alterations intended to be made in the line or course of the railway, a from original plan and section of such alterations as have been approved of by Parliament, on the same scale and containing the same particulars as the original plan and survey, shall be deposited in the same manner as the original plan, and copies of, or extracts from such plan and section so far as they relate to the several districts or counties, in or through which such alterations have been authorized to be made, shall be deposited with the Clerks of the Peace of such districts and counties: 8. Until such original map or plan or Book of Reference, Railway not or the plans and sections of the alterations, have been so de- to be proceed posited, ed with until |