Penalty. Damages. Each day's violation of this Act a distinct offence. Company liable for act or omission of officer. Idem. Penalties a first charge on railway. If penalty dollars, in the discretion of the court before which the same is 2. Such company, director, officer, receiver, trustee, lessee, Continuing Offences. 428. When the violation of or failure to comply with any provision of this Act, or with any regulation, order or direction of the Governor in Council, the Minister, the Board, or any inspecting engineer, is made, by this Act or any regulation thereunder, an offence subject to penalty, each day's continuance of such violation, or failure, to comply, shall constitute a new and distinct offence. 3 E. VII., c. 58, s. 299. Liability of the Company. 429. For the purpose of enforcing any penalty under any of the provisions of this Act, or enforcing any regulation, order, or direction of the Governor in Council, the Minister, the Board, or any inspecting engineer, made under this Act, the act, omission, or failure of any officer, agent, or other person acting for, or employed by the company, shall, if within the scope of his employment, in every case be also deemed to be the act, omission or failure of such company. 2. Anything done or omitted to be done by the company, which if done or omitted to be done by any director, or officer thereof, or any receiver, trustee, lessee, agent or person acting for or employed by the company, would constitute an offence under this Act, shall also be held to be an offence committed by such company, and, upon conviction of any such offence, the company shall be subject to the like penalties as are prescribed by this Act with reference to such persons. 3 E. VII., c. 58, s. 299. Penalties constitute a charge. 430. If any company has been convicted of any penalty under this Act, such penalty shall be the first lien or charge upon the railway, property, assets, rents and revenues of the company. 3 E. VII., c. 58, s. 301. Procedure. 431. If any penalty, prescribed for any offence under this $100 or less. Act, or under any regulation of the Board, is one hundred dollars or less, with or without imprisonment, the penalty may, subject to the provisions of this Act, be imposed and recovered on summary conviction before a justice of the peace. If more than 2. If the penalty prescribed is more than one hundred dol$100 and less lars and less than five hundred dollars, the penalty may, subject than $500. as aforesaid, be imposed and recovered on summary conviction before two or more justices, or before a police magistrate, a stipendiary magistrate, or any person with the power or authority of two or more justices of the peace. Attorney proceed. 3. Whenever the Board shall have reasonable ground for Board may belief that any company, or any person or corporation is violat- require ing or has violated any of the provisions of this Act, in respect General to of which violation a penalty may be imposed under this Act, the Board may request the Attorney General of Canada to institute and prosecute proceedings, on behalf of His Majesty, against such company or person for the imposition and recovery of the penalty provided under this Act for such violation, or the Board may cause an information to be filed in the name of the Attorney General of Canada for the imposition and recovery of such penalty. leave of 4. No prosecution shall be had against the company for any No prosecu penalty under this Act, in which the company might be held tion without liable for a penalty exceeding one hundred dollars, without the Board if leave of the Board being first obtained. 3 E. VII., c. 58, ss. exceeds $100. 25 and 300. penalty SCHEDULE ONE. Railway Company. RETURN for the year ending June 30, 19, required by the Minister of Railways and Canals, showing the conditions of the Capital and Revenue Account, etc., etc., of the railways in the Dominion of Canada. No. 1.-LOCATION AND GENERAL DESCRIPTION OF RAILWAY, Showing the county or counties through which the railway runs, the terminal points, connections, if any, and riving a general description of the line and the country through which it passes. June 30, 19 No. 2.-OFFICIAL NAME AND ADDRESS OF THE COMPANY No. 3.-NAMES AND RESIDENCES OF DIRECTORS AND OFFICERS No. 4.-LIST OF ALL STATUTES, Dominion or Provincial, in any manner affecting the railway or any part thereof, from the date of first construction to June 30, 19 . No. 5.-LIST OF ALL STATUTES, Dominion or Provincial, under which any subsidy, loan or bonus, has been paid or voted, in respect of the railway, or anv part thereof, passed prior to June 30, 19 No. 6.-LIST OF ALL CONTRACTS MADE BY THE COMPANY, for the construction of any part of the railway up to June 30, 19 . Date. Contractors. Description of Work. Location Prices. Copies of any contracts must be furnished by the company to the Minister when required. With this return shall be transmitted a copy of the annual accounts or statements from the directors to the company prepared under the provision of this Act, whereby the directors are required to cause to be kept, and annually on the thirtieth Sec. 124. day of June to be made up and balanced a true, exact and particular account of the moneys collected and received by the company, or by the directors or managers thereof, or otherwise, for the use of the company, and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking, and of all other receipts and expenditures of the company, or the directors. This statement must also agree with the totals shown in such annual accounts or statements from the directors to the company. If there is more than one issue of preference shares and bonds, state them and the amount of each class. No. 8.-LOANS OR BONUSES FROM GOVERNMENTS OR MUNI- No. 9.-BONDS OR OTHER SECURITIES NEGOTIATED BY Rate of Interest. Date of Repayment. No. 10.-SALES OF LAND MADE BY THE COMPANY, UP TO JUNE No. 11.-FLOATING DEBT, YEAR ENDING June 30, 19 Total Amount. Rate of Interest. $ cts. % Remarks. NOTE.-The floating debt includes all debts other than the bonded debts. No. 12.-CHARACTERISTICS OF ROAD, ETC., JUNE 30, 19 Miles. steel. branches, iron. steel. |