of such sale: Provided that no such regulation shall impair Proviso. 2. The surplus proceeds of any such sale, if any, shall be Surplus proreturned to the owner or his agent. R.S., c. 37, s. 16. ceeds. PENALTIES. injury. 26. Every one who is an officer or servant of, or a person Disobeying employed by the Minister on any canal, and who wilfully or regulations. negligently violates any order or regulation of the Department, or any order in council, respecting the canal on which he is employed, and of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or duties, or any of them, are to be performed, if such Causing violation causes injury to any property or to any person, or exposes any property or any person to the risk of injury, or renders such risk greater than it would have been but for such violation, although no actual injury occurs, is guilty of an indictable offence, and shall, according as the court before which the conviction is had considers the offence proved to be more or less grave, or the injury or risk of injury to person or property to be more or less great, be liable to a penalty not exceeding four hundred dollars, or to imprisonment for a term not exceeding five years, or to both penalty and imprisonment, in the discretion of the court. R.S., c. 37, s. 17. 27. If such violation does not cause injury to any property Not causing or person, or expose any property or person to the risk of injury. injury, or make such risk greater than it would have been but for such violation, the officer, servant or other person guilty thereof shall incur a penalty, not exceeding the amount of thirty days' pay and not less than fifteen days' pay of the offender from the Department, in the discretion of the justice of the peace before whom the conviction is had; and such penalty shall be recoverable, with costs, before any one justice of the peace having jurisdiction where the offence has been committed or where the offender is found. R.S., c. 37, s. 18. 28. A moiety of every pecuniary penalty recovered under Application either of the two sections last preceding shall belong to His of pecuniary penalties. Majesty for the public uses of Canada, and the other moiety shall belong to the informer, unless he is an officer or servant of, or person in the employ of the Minister, in which case the whole penalty shall belong to His Majesty, for the uses aforesaid. R.S., c. 37, s. 19. RECOVERY OF PENALTIES. 29. All pecuniary penalties imposed by this Act, or by any Penalties regulation made under the authority thereof, shall be recover- recoverable nal Code. under Crimi able, with costs, before any justice of the peace for the district, county, or place in which the offence was committed, under Part XV. of the Criminal Code, and if sufficient distress cannot be found, and such penalty is not forthwith paid, such justice may, by warrant under his hand and seal, cause the person offending to be imprisoned for such term as such justice directs, not exceeding thirty days, unless such penalty and costs are sooner paid. Application. 2. Such penalties shall, except as hereinbefore provided, belong to His Majesty, for the public uses of Canada. R.S., c. 37, s. 20. Provincial contracts enure to Canada. Custody of documents. Publication of regulations, etc. Annual report. GENERAL. 30. All contracts, bonds, agreements or leases for or respecting any railway or canal now the property of Canada, or for any tolls for the same, entered into by the Commissioner of Public Works of the late province of Canada, or by the Board of Works of the province of Nova Scotia or of the province of New Brunswick, or by any commissioners or other persons duly authorized to enter into the same in any province of Canada, shall enure to the use of His Majesty, and may be enforced as if they had been entered into with His Majesty under the authority of this Act. R.S., c. 37, s. 21. 31. The Governor in Council may, from time to time, require any person, or any provincial authority, having the possession or custody of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contracts, documents or records, which are not private property and which relate to any railway, building or property connected therewith, or to any canal under the control of the Minister, to deliver the same without delay to the Secretary of the Department. R.S., c. 37, s. 22. 32. All proclamations, regulations or orders in council made under this Act, shall be published in the Canada Gazette. R.S., c. 37, s. 27. 33. The Minister shall make and submit to the Governor General an annual report on all the railways and canals under his control, which shall be laid before both Houses of Parliament within twenty-one days after the commencement of the session, showing the state of each work and the amounts received and expended in respect thereof, with such further information as is requisite. R.S., c. 37, s. 28. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 472 CHAPTER 36. An Act respecting Government Railways. SHORT TITLE. 1. This Act may be cited as the Government Railways Act. Short title. R.S., c. 38, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires,- Definitions. (a) 'Minister' means the Minister of Railways and Canals; Minister.' (b) Deputy' means the Deputy of the Minister of Rail- 'Deputy.' ways and Canals; (c) Secretary' means the Secretary of the Department of 'Secretary.' Railways and Canals; (d) 'Department' means the Department of Railways and DepartCanals; ment.' (e) 'superintendent' means the superintendent of the Gov-Superinernment railway or railways of which he has, under the tendent.' Minister, the charge and direction; (f)'engineer' means any engineer or person permanently Engineer.' or temporarily employed by the Minister to perform such work as is ordinarily performed by a civil engineer; (g) lands' includes all granted or ungranted, wild or 'Lands.' cleared, public or private lands, and all real property, messuages, lands, tenements and hereditaments of any tenure, and all real rights, easements, servitudes and damages, and all other things for which compensation is to be paid by the Crown; (h) 'toll' includes any rate or charge or other payment pay- Toll.' able for any passenger, animal, carriage, goods, merchandise, matters or thing conveyed on the railway; (i) 'goods' includes things of every kind that may be con-Goods."' veyed upon the railway, or upon steam or other vessels connected therewith; (j) 'county' includes any union of counties, county, riding 'County.' or like divison of a county in any province, or any division thereof into separate municipalities, in the province of Quebec; (k) highway' means any public road, street, lane or other public way or communication; 473 (1) 'Highway.' 'Railway.' 'Constable.' Powers exercised by deputies. 6 (1) railway' means any railway, and all property and works connected therewith, under the management and direction of the Department; (m) 'constable' means a railway constable appointed under this Act. R.S., c. 38, s. 2; 50-51 V., c. 16, sch. A. 3. Whenever the powers herein given to the Minister are exercised by the superintendent, or by any other person or officer, employee or servant of the Department thereunto specially authorized by the Minister, or his Deputy, or an acting deputy, the same shall be presumed to be exercised by the authority of the Minister, unless the contrary is made to appear. R.S., c. 38, s. 3. Application of Act. Powers of To explore. Enter upon lands. Fix the site of railway. Fell timber. Construct necessary works. Make conduits or drains. Cross or unite with other railways. Carry rail way across streams. APPLICATION OF ACT. 4. This Act applies to all railways which are vested in His Majesty, and which are under the control and management of the Minister. R.S., c. 38, s. 4. POWERS. 5. The Minister may by himself, his engineers, superintendents, agents, workmen and servants, (a) explore and survey the country through which it is pro- (b) enter into and upon any public lands or the lands of any (d) fell or remove any trees standing in any woods, lands or (e) make or construct in, upon, across, under or over any land, streets, hills, valleys, roads, railways or tramroads, canals, rivers, brooks, streams, lakes or other waters such temporary or permanent inclined planes, embankments, cuttings, aqueducts, bridges, roads, sidings, ways, passages, conduits, drains, piers, arches or other works as he thinks proper; (f) make conduits or drains into, through or under any lands adjoining the railway, for the purpose of conveying water from or to the railway; (g) 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 conveniences for the purposes of such connection; (h) construct, maintain and work the railway across, along or upon any stream of water, watercourse, canal, highway or railway which it intersects or touches; but the 474 stream, stream, watercourse, highway, canal or railway so intersected or touched, shall be restored to its former state, or to such state as not to impair its usefulness; work rail (i) make, complete, alter and keep in repair the railway, Make and with one or more sets of rails or tracks, to be worked by way. the force and power of steam, or of the atmosphere, or of animals, or by mechanical power, or by any combination of them; (j) erect and maintain all necessary and convenient build- Erect neces ings, stations, depots, wharfs and fixtures, and from sary buildtime to time, alter, repair or enlarge the same, and purchase and acquire stationary or locomotive engines and carriages, wagons, floats and other machinery necessary for the accommodation and use of the passengers, freight or business of the railway; goods. fences on ad (k) take, transport, carry and convey persons and goods on Carry perthe railway, and construct, make and do all other inatters sons and and things necessary and convenient for making, extending and using the railway; (1) enter into and upon any lands of His Majesty, or into Erect snow and upon the lands of any person whomsoever, lying joining lands. along the route or line of railway between the first day of November in any year and the fifteenth day of April next following, and erect and maintain temporary snow fences thereon, subject to the payment of such land damages, if any, as are thereafter established, in the manner by law provided, to have been actually suffered: Provided that all such snow fences so erected shall be removed on or before the fifteenth day of April next following the erection there. of; (m) change the location of the line of railway in any parti- Change locacular part at any time, for the purpose of lessening a tain cases. curve, reducing a gradient, or otherwise benefiting such line of railway, or for any other purpose of public advantage; and all the provisions of this Act shall relate 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. tion in cer of crossing 2. Where the Minister, in the execution of any of the powers Compensavested in him, effects a crossing, intersection, junction or tion in case union of the railway with any other railway at any point on of another its route, and upon the lands of such other railway, the Exchequer Court of Canada shall, in the event of disagreement upon the amount of compensation to be made therefor or as to the point or manner of such crossing or connection, determine the same. R.S., c. 38, s. 5; 50-51 V., c. 16, s. 58. 6. The Minister may, by and with the authority of the Branch lines, Governor in Council, build, make and construct, and work and etc. use, sidings or branch lines of railway, not exceeding in any one case six miles in length for the purpose of,- |