&c., with con-.

3. No railway company shall take possession of, use or Occupy public. occupy any lands belonging to the province, without the lands, beaches, consent of the lieutenant-governor in council; but with sent of the such consent any such company may take and appropriate crown; 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 authority and control of the parliament of Canada as regards navigation. and shipping.

railway across

4. The company shall have power and authority to make, Power to carry carry or place the railway across or upon the lands of any fan of res corporation or person on the line of the railway, or within rations, and the distance from such line stated in the special act, al- others; though, 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 as interested in such lands;

along streams

5. To construct, maintain and work the railway across, And across or along, or upon any stream of water, watercourse, canal, go highway or railway which it intersects or touches; but the' stream watercourse, 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; 6. To make, complete, alter and keep in repair the rail-To complete railway with way with one or more sets of rails or tracks to be worked by the force and power of steam, or of the atmosphere, or tracks, &c. ; of animals, or by mechanical power, or by any combination of them ;

one or more

ry

7. To erect and maintain all necessary and convenient Erect necessabuildings. stations, depots, wharves and fixtures, and from buildings, time to time to alter, repair or enlarge the same, and to purchase 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;

8. To make branch railways and to manage the same, and Branch railfor that purpose to exercise all the powers, privileges and way"; authorities necessary therefor in as full and ample a manner as for the railway, provided that the sanction of the lieutenant governor in council be first obtained for the construction of such branch and that no such branch exceed ten miles in length;

1

All other mat

9. To construct, and make all other matters and things. ters and things necessary and convenient for the making, extending and using of the railway, in pursuance of this act, and of the special act;

necessary for

railway;

To convey per

10. To take, transport, carry and convey persons and sons and goods goods on the railway, to regulate the time and manner in on railway; which the same shall be transported, and the tolls and compensation to be paid therefor, and to receive such tolls and compensation;

Borrow money, &c.

debentures,

&c.

11. To borrow from time to time, either in Canada or elsewhere, such sums of money as may be expedient for completing, maintaining, or working the railway, and at a To issue bonds rate of interest not exceeding eight per cent per annum, and to make the bonds, debentures or other securities granted for the sums so borrowed, payable either in currency or in sterling, 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;

To enter upon lands, &c,

12. To enter into and upon any crown lands without previous licence therefor, or into and upon the lands of any corporation or person whatsoever lying in the intended To make sur- route or line of the railway; and to make surveys examiveys of lands; nations, 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

tion to the

13. To fell or remove any trees standing in any woods, lands or forests, where the railway passes, to the distance six rods from either side thereof;

14. To cross, intersect, join and unite the railway with any other railway at any points on its route, and upon the lands of such other railway, with the necessary conveniences 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 the Superior Court;

15. But no railway company shall avail itself of any of out applica- the powers contained in the next preceding sub-section railway com- Without application to the railway committee, constituted mittee under! by the twenty-third section of this act, for approval of the mode of crossing, union or intersection proposed; of which

section 23.

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 amont to be paid for compensation, to proceed, for the determination of such compensation, as provided in the said subsection;

construct

tain condi

16. Any railway company may construct a branch or Any railway branches not exceeding six miles in length from any ter- company may minus or station of their railway, whenever a by-law sanc- branch railtioning the same has been passed by the municipal council ways on cerof the municipality within the limits of which such pro- tions. posed 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;

line of a rail

tain purposes.

increased; how

17. Any railway company desiring at any time to change Changes may the location of its line of railway in any particular part for be made in the the purpose of lessening a curve, reducing a gradient, or way at any otherwise benefiting such line of railway, or for any other time for cerpurpose 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; 18. The original capital stock of any railway company Stock may be may be increased from time to time to any amount, but and on what such increase must be sanctioned by a vote in person or conditions. 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.

lines.

19 Railway companies shall have the right to establish Telegraph telegraphic lines along the whole extent of the railway at such places along the line and with offices at such places as shall be determined upon by the directors and such telegraphs may be used by the public generally in conformity with the rules and regulations that the company may adopt.

Provisions

PLANS AND SURVEYS.

. Plans and surveys shall be made and corrected as respecting sur-follows: veys and le

vels.

of reference; contents.

1. Surveys and levels shall be taken and made of the Map and book 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 :

To be exam

ined certified and copies deposited.

Access to co

pies.

Certified co

dence.

a. A general description of the said lands;

b. The names 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;

2. The map or plan and book of reference shall be examined and certified by the commissioner of agriculture and public works, or his deputy, and a duplicate thereof, so examined and certified, 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 through which the railway is to pass, to be deposited in the offices of the clerks of the peace for such districts respectively; 3. Any person may resort to such copies, and make extracts or copies thereof, as occasion requires, paying to the clerks of the peace, at the rate of ten cents for every hundred words;

4. Such map or plan and book of reference so certified, or pies to be evi- a true copy thereof certified by the commissioner of agricul ture and public works, or by the clerks of the peace, shall be good evidence in any court of law and elsewhere;

Omissions or errors how remedied.

5. Any omission, misstatement or erroneous description of such lands, or of the owners or occupiers thereof, in any map or plan or book of referrence, may, after giving ten day's 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;

Certificate re- 6. The certificate shall state the particulars of any such lating thereto. omission, and the manner thereof, and shall be deposited with the clerks of the peace of the districts respectively in which such lands are situate, and be kept by them along with the other documents to which they relate; and thereupon such may or plan or book of reference shall be deemed to be correct according to such certificate; and the company may make the railway in accordance with the certifi cate;

survey.

7. If any alterations from the original plan or survey Alterations are intended to be made in the line or course of the rail- from original way, a 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 or extracts of such plan and section so far as they relate to the several districts, in or through which such alterations have been authorized to be made shall be deposited with the clerks of the peace of such districts;

8. Until such original map or plan or book of reference, Railway not or the plan and section of the alterations, have been so depo- to be proceedsited, the execution of the railway, or of the part thereof with until affected by the alterations, as the case may be, shall not posited. be proceeded with;

map, &c., de

copies of ori

9. The clerks of the peace shall receive and retain the Clerks of the copies of the original plans and surveys, and copies of the peace to retain plans and sections of alterations, and copies and extracts ginal plan, &c. thereof respectively, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, under a penalty for Copies or exeach default of four dollars;

tracts.

10. The copies of the maps, plans and books of reference, Copies certior of any alteration or correction thereof, or extracts there-fied by clerk to be good from, certified by the clerk of the peace, shall be received evidence in in all courts of justice or elsewhere as good evidence of the courts. contents thereof, and the clerk of the peace shall give such certificate to all parties interested when required;

than a mile

11. No deviation of more than one mile from the line of Line not to the railway or from the places assigned thereto in the said deviate more map or plan and book of reference, or plans or sections, from plan. shall be made into, through, across, under or over any part of the lands not shewn in such map or plan and book of reference, or plans or sections, or within one mile of the said line and place, save in such instances as are provided for in the special act;

in the name of

tered in a

12. The railway may be carried across or upon the lands As to errors of any person on the line, or within the distance from such a person en line as aforesaid, although the name of such person has not been entered in the book of reference through error or any other cause, or though some other person is erroneously mentioned as the owner of or entitled to convey, or as interested in such lands;

book of reference.

filed in the

13. A map and profile of the completed railway and of Map, &c., of the land taken or obtained for the use thereof, shall, within railway to be six months after completion of the undertaking, be made board of and filed in the department of public works, and like maps works' office. of the parts thereof, located in different districts and counties, shall be filed in the registry offices for the districts and