Dangerous 15. The company may refuse to take any package or pargoods may be cel which they suspect to contain goods of a dangerous nature, or may require the same to be opened to ascertain the fact. refused. mages. ACTIONS FOR INDEMNITY; AND FINES AND PENALTIES AND Limitation of 21. All suits for indemnity for any damage or injury susaction for da- tained by reason of the railway shall be instituted within six months next after the time of such supposed damage sustained, or if there be continuation of damage, then within six months next after the doing or committing such damage ceases, and not afterwards; and the defendants may plead the general issue and give this act and the special act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pursuance of and by authority of this act and the special act; Fines, how recovered. How applicable. Forfeiture for of this Act,&c. 2. All fines and forfeitures imposed by part first of this act or the special act, or by any by-law, except those for the levying and recovering of which special provision is herein made, shall be recovered in a summary manner before any one or more justice or justices of the peace for the district where the act occurred; 3. All the fines, forfeitures and penalties, recovered under the next preceding paragraph the application whereof is not herein before particularly directed, shall be paid into the hands of the treasurer of the company, to be applied to the use thereof; 4. The fact of any contravention of this act or of the contravention special act by the company being a misdemeanor, and punishable accordingly, shall not exempt the company, from the forfeiture by this act and the special act, of the privileges conferred on them by the said acts, if by the provisions thereof or by law, the same be forfeited by such contravention. Proviso. Tenders to be advertised for, as to Works diate necessity. 22. No contracts for works of construction or maintenance of the railway, except works of ordinary repair, or not of imme- of immediate necessity, shall be entered into until after tenders for such works respectively have been invited by public notice therefor, given for at least four weeks in some newspaper published in the place nearest to that at which the work is required to be done, but the company shall not be compelled to accept any such tender; Period for Capital, and 2. If the construction of the railway be not commenced, subscription of and ten per cent on the amount of the capital be not exCompletion of pended thereon within three years after the passing of the Railway. special act, or if the railway is not finished and put in operation in ten years from the passing of such special act, the corporate existence and powers of the company shall cease; Legislature 3. After the opening of the railway or any part thereof Account to be to the public, and within the first fifteen days after the submitted to opening of each session of the legislature, an account shall be annually submitted to the three branches containing a detailed and particular account, attested upon oath of the president, or in his absence of the vice-president, of the moneys received and expended by the company, and a classified statement of the passengers and goods transported by them, with an attested copy of the last annual statement; tails of ac 4. No further provisions which the legislature may here- Form or deafter make with regard to the form or details of such ac- count may be count, or the mode of attesting or rendering the same, shall varied by Lebe deemed an infringement of the privileges hereby grant- gislature. ed to the company; 5. The legislature may at any time annul or dissolve Legislature any corporation formed under this act; but such dissolu- may dissolve any Corporation shall not take away or impair any remedy given tion formed against any such corporation, its shareholders, officers or Act. servants, for any liability which had been previously incurred; under this Rights, &c. 6. Nothing herein contained shall affect in any manner Saving of Her the rights of Her Majesty, or of any person, or of any body Majesty's politic, corporate or collegiate, such only excepted as are herein mentioned. PART SECOND. THE RAILWAY COMMITTEE. constituted. 23. The lieutenant-governor may, from time to time, ap- Railway point such members of the executive council, to the num- Committee ber of four at least, as he may see fit, to constitute the railway committee of the executive council, and such committee shall have the powers and perform the duties assigned Duties. to them by this act a Secretary. 2. The railway committee shall appoint one of its May appoint a members to be chairman, and the assistant commissioner of Chairman and agriculture and public works or some other fit person appointed by the committee shall be the secretary of the com mittee. 25. No railway or portion of any railway shall be open- Railway not to ed for the public conveyance of passengers until one month be opened till after notice in writing of the intention to open the same, month's notice after one to Railway intention to has been given by the company to whom the railway beCommittee of longs to the railway committee, and until ten days after open the same. notice in writing has been given by the company, to the railway committee, of the time when the railway or portion of railway will be, in the opinion of the company, sufficiently completed for the safe conveyance of passengers, and ready for inspection. Penalty for 26. If any railway or portion of a railway be opened contravention. without such notices, the company to whom such railway belongs, shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the same continues open, until the notices have been duly given and have expired. report of an sanction of Lieut. Gov. in Council may postpone the opening of road. Railway com- 27. The railway committee upon receiving such notimittee upon fication shall direct one or more of the engineers attached engineer and to the department of public works, to examine the railway proposed to be opened, and all bridges, culverts, tunnels, road crossings and other works and appliances connected therewith, and also all engines and other rolling stock intended to be used thereon, and if the inspecting engineer or engineers report in writing to the railway committee that, in his or their opinion, the opening of the same would be attended with danger to the public using the same, by reason of the incompleteness of the works or permanent way, or the insufficiency of the establishment for working such railway, together with the ground of such opinion, the railway committee, with the sanction of the lieutenant governor in council, and so, from time to time, as often as such engineer or engineers, after further inspection thereof so report, may order and direct the company to whom the railway belongs to postpone such opening, not exceeding one month at any one time, until it appears to the committee that such opening may take place without danger to the public. Penalty for opening contrary to the order of the Committee. When only 28. If any railway, or any portion thereof, be opened contrary to such order or direction of the railway committee, the company to whom the railway belongs shall forfeit to Her Majesty, the sum of two hundred dollars for every day during which the same continues open contrary to such order or direction. 29. No such order shall be binding upon any railway such order to company, unless therewith is delivered to the company a the Company. copy of the report of the inspecting engineer or engineers, on which the order is founded. be binding on work to be in of Engineer, with sanction may order cer works, &c. 30. The railway committee, whenever they receive in- Committee formation to the effect that any bridge, culvert, viaduct, may cause any tunnel, or any other portion of any railway, or any engine, spected, and car, or carriage, used or for use on any railway, is danger- may on report ous to the public using the same, from want of repair, condemn the insufficient or erroneous construction or from any other Railway or cause, or whenever circumstances may arise which, in rolling stock, their opinion render it expedient, may direct any engineer of Lieut.-Gov. or engineers as aforesaid to examine and inspect the rail-in Council, and way or any portion thereof or of the works connected tain alteratherewith, or the engines and other rolling stock in use tions in the thereon or any portion thereof, and upon the report of the engineer or engineers may condemn the railway or any portion thereof or any of the rolling stock or other appliances used thereon, and with the approval of the lieutenant-governor in council, may require any change or alteration therein or in any part thereof, or the substitution of any new bridge, culvert, viaduct or tunnel, or of any material for the said railway, and thereupon the company to which such railway belongs, or the company using, running or controlling the same, shall, after notice thereof in writing signed by the chairman of the committee and countersigned by the secretary thereof, proceed to make good or remedy the defects in the said portions of the railway, or in the locomotive, car or carriage which have been so condemned, or shall make such change, alteration or substitution herein before referred to as has been required in manner aforesaid by the committee. in case of dan trains, &c. 31. If, in the opinion of any such engineer, it is dangerous Inspecting for trains or vehicles to pass over any railway, or any por- Engineer may, tions thereof, until alterations, substitutions or repairs have ger, forbid the been made thereon, or that any particular car, carriage or running of locomotive should be run or used, the said engineer may forthwith forbid the running of any train or vehicle over such railway or portion of railway, or the running or using of any such car, carriage or locomotive, by delivering, or causing to be delivered to the president, managing director, or secretary or superintendent of the company owning, running or using such railway, or to any officer having the management or control of the running of trains on such railway, a notice in writing to that effect with his reasons therefor, in which he shall distinctly point out the defects or the nature of the danger to be apprehended. mittee, who 32. The inspecting engineer shall forthwith report the Must report sam to the railway committee, who, with the sanction of to the Comthe lieutenant-governor in council, may either confirm, may confirm or modify or disallow the act or order of the inspecting en-disallow his order. Power of En mine the works, &c. gineer, and such confirmation, modification or disallowance shall be duly notified to the railway company affected thereby. 33. Any engineer or engineers so appointed as aforesaid gineer to exa- to inspect any railway or works, may at all reasonable times, upon producing his authority if required, enter upon and examine the said railway and the stations, fences or gates, road crossings, cattle guards, works and buildings, and the engines, cars and carriages belonging thereto. cessary infor Company to 34. Every railway company and the officers and direcafford all ne- tors thereof shall afford to the inspecting engineer or mation to En-engineers such information as may be within their knowgineer. ledge and power in all matters inquired into by them, and shall submit to such inspecting engineer or engineers all plans, specifications, drawings and documents relating to the construction, repair or state of repair of such railway or any portion thereof, whether a bridge, culvert or other part; Engineer to 2. Any such inspecting engineer shall have the right, be conveyed whilst engaged in the business of such inspection, to travel by Company. without charge on any of the ordinary trains running on the railway, and to use the telegraph wires and machinery in the offices of or under the control of any such railway Telegraph operators to obey his orders. Proof of his authority. Lt.-Gov. may nent bridges to for moveable bridges. company; 3. The operators or officers employed in the telegraph offices of or under the control of the company, shall, without unnecessary delay, obey all orders of any such inspecting engineer for transmitting messages, and any such operator or officer refusing or neglecting so to do, shall forfeit for every such offence the sum of forty dollars; 4. The authority of any such inspecting engineer shall be sufficiently evidenced by instructions in writing, signed by the chairman of the railway committee and countersigned by the secretary thereof. 3. The lieutenant-governor in council, upon the report order perma of the railway committee, may authorize or require any be substituted railway company to construct fixed and permanent bridges or to substitute such bridges in the place of the swing, draw or moveable bridges on the line of such railway, within such time as the lieutenant-governor in council directs; and for every day after the period so fixed during which the company uses such swing, draw or moveable bridges, the company shall forfeit and pay to Her Majesty the sum of two hundred dollars; and it shall not be lawful for any railway company to substitute any swing, draw or moveable bridge in the place or stead of any fixed or Penalty for neglect. |