and their baggage, goods, animals and things conveyed by railway, but also cars, trucks and vehicles of any description adopted for running over any railway,-the word Railway "railway" includes all stations and depots of the railway Company, &c. and a railway shall be deemed to come near another when some part of the one is within one mile of some part of the other;

Contract of amalgamation

&c.

5. Whenever any railway company is permitted by the to be approved act of incorporation of such company to amalgamate by by Lieut.-Gov. arrangement with any other company, the contract for such amalgamation shall, when adopted and passed by such companies, be communicated to the lieutenant-governor in council for approval, and such approval shall be announced by notice under the signature of the provincial secretary in the Quebec Official Gazette.

Constables may be appointed to act

and how.

RAILWAY CONSTABLES.

49. Any judge of the Court of Queen's Bench or Superior Court, or clerk of the peace, or clerk of the crown, or on the line of judge of the sessions of the peace, on the application of the any Railway, board of directors of any railway company, whose railway passes within the local jurisdiction of such judge, clerk or judge of the sessions of the peace, as may be, or on the application of any clerk or agent of such company thereto authorized by such board, may, in their or his discretion, appoint any persons recommended to them for that purpose by such board of directors, clerk or agent, to act as constables on and along such railway; and every person so appointed shall take an oath or make a solemn declaration in the form or to the effect following, that is to say:

Oath of office.

66

I, A. B., having been appointed a constable to act upon "and along (here name the railway), under the provisions of (here insert the title of this act), do swear that I will well "and truly serve Our Sovereign Lady the Queen, in the "said office of constable, without favor or affection, malice "or ill will, and that I will, to the best of my power, cause "the peace to be kept and prevent all offences against the peace and that while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge "the duties thereof faithfully, according to law. So help me God."

46

By whom to be 2. Such oath or declaration shall be administered by any administered. such judge, clerk, or judge of the sessions of the peace;

and every constable so appointed, and having taken such oath or made such declaration, shall have full power to act as a constable for the preservation of the peace, and for the security of persons and property against felonies

Constables,

and other unlawful acts, on such railway, and on any of the works belonging thereto, and on and about any trains, Powers of such roads, wharves, quays, landing places, warehouses, lands and to what and premises belonging to such company, whether the same localities they be in the county, city, town, parish, district, or other local shall extend. jurisdiction within which he was appointed, or in any other place through which such railway passes, or in which the same terminates, or through or to which any railway passes, which may be worked or leased by such railway company and in all places not more than one quarter of a mile distant from such railway or railways; and shall have all such powers, protections and privileges for the apprehending of offenders, as well by night as by day, and for doing all things for the prevention, discovery and prosecution of felonies and other offences, and for keeping the peace, which any constable duly appointed has within his constablewick; and it shall be lawful for any Duties and such constable to take such persons as may be punishable owers of such by summary conviction for any offence against the provisions of this act, or of any of the acts or by-laws affecting any such railway, before any justice or justices appointed for any county, city, town, parish, district or other local jurisdiction within which any such railway may pass; and every such justice shall have authority to deal with all such cases, as though the offence had been committed and the person taken within the limits of his own local jurisdiction;

Constables.

stable.

3. Any judge of the court of Queen's Bench or Superior Dismissal of Court, or clerk of the peace, or clerk of the crown, or any such Conjudge of the sessions of the peace, may dismiss any such constable, who may be acting within their several jurisdictions; and the board of directors of such railway company, or any clerk or agent of such company thereto authorized by such board, may dismiss any such constable who may be acting on such railway; and upon every such dismissal, all powers, protections and privileges belonging to any such person by reason of such appointment shall wholly cease; and no person so dismissed shall be again. appointed or act as a constable for such railway, without the consent of the authority by which he was dismissed;

each Con

4. Every such railway company shall cause to be record- Record of ap ed in the office of the clerk of the peace for every district pointment of wherein such railway or railways may pass, the name and stable to e designation of every constable so appointed at their in- kept. stance, the date of his appointment, and the authority making it, and also the fact of every dismissal of any such constable, the date thereof and the authority making the same, within one week after the date of such appoint- Fees. ment or dismissal, as may be, and every such clerk of the

Constables guilty of negleet of duty.

peace shall keep such record in a book, to be opened to public inspection, charging such fee or fees as the railway committee may from time to time authorize, and in such form as the committee may from time to time direct; Punishment of 5. Every such constable who is guilty of any neglect or breach of duty in his office of constable, shall be liable, on summary conviction thereof, within any county, city, town, parish, district, or other local jurisdiction wherein such railway may pass, to a penalty of not more than eighty dollars, the amount of which penalty may be deducted from any salary due to such offender, if such constable be in receipt of a salary from the railway company, or to imprisonment, for not more than two months, in the gaol of such county, city, town, parish, district, or other local jurisdiction.

Companies to

GENERAL PROVISIONS.

50. Every railway company shall make such by-laws make By-laws rules and regulations, to be observed by the conductors, for regulation of conductors engine drivers and other officers and servants of the comand other off-pany, and by all other companies and persons using the

eers, &c.

Company may

ties for contra

laws.

railway of such company, and such regulations with regard to the construction of the carriages and other vehicles, to be used in the trains on the railway of the company, as are requisite for ensuring the perfect carrying into effect of the provisions of this act, and the orders and regulations of the railway committee.

51. Any railway company may by a by-law impose upon impose penal-any officer, servant, or person who before the contravention vention of By- of such by-law has had notice thereof and is employed by the company, a forfeiture to the company of not less than thirty days pay of such officer or servant, for any contravention of such by-law, and may retain any such forfeiture out of the salary or wages of the offender.

How notice of
By-laws or

Orders may be
proved.

When such

be a defence

52. The notice of the by-law or of any order or notice of the railway committee, or of the inspecting engineer or engineers, may be proved by proving the delivery of a copy thereof to the officer, servant or person, or that he signed a copy thereof, or that a copy thereof was posted in some place where his work or his duties, or some of them, were to be performed.

53. Such proof, with a proof of the contravention, shall proof, &c., to be a full answer and defence for the company in any suit for the recovery of the amount so retained, and such forfeiture shall be over and above any penalty under this act.

pany.

54. No such company shall cause any obstruction in Not to impede or impede the free navigation of any river, stream or canal, navigation. to or across or along which their railway is carried.

vers, &o., re

55. If the railway be carried across any navigable river Railways or canal, the company shall leave openings between the crossing riabutments or piers of their bridge or viaduct over the same, gulated and shall make the same of such clear height above the surface of the water, or shall construct such draw-bridge or swing bridge over the channel of the river, or over the whole width of the canal, and shall be subject to such regulations as to the opening of such swing-bridge or draw bridge as the Lieutenant-Governor-in-Council from time to time makes.

submitted to

56. It shall not be lawful for any such company to con- Plans to be struct any wharf, bridge, pier or other work upon or over Lieut. (ov. any navigable river, lake or canal, or upon the beach, or in council beds or lands covered with the water thereof, until they have first submitted the plan and proposed site of such work to the railway committee, and the same has been approved; and no deviation from such approved site or plan shall be made without the consent of the committee.

57. Nothing contained in the three next preceding Exception sections of this act, shall be construed to limit or affect where special powers given any power expressly given to any railway company by its by the special special act of incorporation or any special act amending act. the same.

for three mi

58. In all cases where a railway passes any draw or When a railswing-bridge over any navigable river, canal or stream way passes over a swingwhich is subject to be opened for the purposes of navigation, bridge, &c., the trains shall in every case be stopped at least three train to stop minutes, to ascertain from the bridge tender that the said nutes. bridge is closed and in perfect order for passing, and in default of so stopping during the full period of three minutes, the said railway company shall be subject to a fine or penalty of four hundred dollars.

apparatus for

the conductors

59. Every railway company which runs trains upon the Company to railway, for the conveyance of passengers, sha 1 provide use the best and cause to be used in and upon such trains such known communicaapparatus and arrangements as best afford good and suffi- tion between cient means of immediate communication between the and engineconductors and the engine-drivers of such trains, while drivers and the trains are in motion, and good and suficient means of disconnecting applying by the power of the steam engine or otherwise cars, fixing at the will of the engine-driver, or other person appointed

for stopping or

seats in cars, &c.

Penalty for

not complying

to such duty, the brakes to the wheels of the locomotive or tender, or both, or of all, or any of the cars or carriages composing the trains, and of disconnecting the locomotive, tender, and cars or carriages from each other by any such power or means, and also such apparatus and arrangements as best and most securely place and fix the seats or chairs in the cars or carriages, and shall alter such apparatus and arrangements or supply new apparatus and arrangements from time to time as the railway committee may order.

60. Every railway company which fails to comply with with the 59th any of the provisions contained in the next preceding section of this act, shall forfeit to Her Majesty a sum not exceeding two hundred dollars for every day during which such default continues.

section.

Further pre

cautions at

61. Every railway company shall station an officer at level crossings. every point on their line crossed on a level by any other railway, and no train shall proceed over such crossing until signal has been made to the conductor thereof that the way is clear.

Further pre

62. Every locomotive or railway engine or train of cars cautions when on any railway, shall, before it crosses the track of any other railway on a level, be stopped for at least the space of one minute.

one railway

crosses an

other on a level.

Or runs

63. No locomotive or railway engine shall pass in or through a city, through any thickly peopled portion of any city, town or village at a speed greater than six miles per hour, unless the track is properly fenced.

town, &c.

Or moves reversely.

Foot passen

gers to use

provided for

that purpose

64. Whenever any train of cars is moving reversely in any city, town or village, the locomotive being in the rear, the company shall station on the last car in the train a person who shall warn parties, standing on or crossing the track of such railway, of the approach of such train; and for any contravention of the provisions of this and the three next preceding sections the company shall incur a penalty of one hundred dollars.

G. If the railway company orders any railway comfoot bridge, if pany to erect at or near or in lieu of any level crossing of a turnpike road, or other public highway, a foot-bridge or foot-bridges over their railway for the purpose of enabling persons passing on foot along such turnpike road or public highway to cross the railway by means of such bridge or bridges, then from and after the completion of such foot

ings.