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OF

THE RAILWAY ACT

REVISED STATUTES OF CANADA, 1906, CHAP. 37

SECOND EDITION

PREPARED AND COMPILED BY

J. E. W. CURRIER

OF THE

DEPARTMENT OF RAILWAYS AND CANALS

OTTAWA;

1907

Entered according to Act of the Parliament of Canada, in the year one thousand

nine hundred and seven. by J. E. W. CURRIER. at the Department of Agriculture.

PRINTED BY

THE ROLLA L. CRAIN Co., LIMITED

174-178 Wellington St.

Ottawa.

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Company, shall incur a penalty of $100 if(a). any train or engine of company passes over crossing of two main lines or branch lines at rail level before signal is received that way is clear.

(b). any train is not brought to a full stop at such crossing, unless Board otherwise orders. (c). any train passes through any city, town, etc., at speed greater than 10 miles an hour, unless track be properly protected, or permission given by order of Board.

(d). train moving reversely in any city, town, etc., over or along a highway at rail level be not provided with a person at head of train to warn persons crossing or standing on track POSSESSION OF LANDS,

Any proceeding under provisions for payment of compensation or delivery of lands taken shall be continued in court where commenced...

SECTION.

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Section

SubSection

ACCIDENTS,

Company shall give immediate notice to Board of
accidents attended with serious injury, or
bridges, etc., damaged

Company shall be liable for failure to give such
notice.

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Board may regulate form of notice, and investigate. . 292
Report of investigation to be made to Board
Statistics to be furnished Minister half-yearly, Jan-

293

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Minister may order any company to furnish, in ad-
dition to periodical returns, returns of serious
accidents, from time to time, whether attended
with personal injury or not.

373

Returns to Minister under Sections 370 to 373 to be
privileged communications, except when false.. 374
Board may appoint person to enquire into matters
likely to cause or prevent accidents and to report 293
Penalty for failure to furnish returns of accidents
under this section...

ACCOMMODATION,

Company to provide adequate and suitable facilities.
for all traffic....

1-2

420

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What adequate and suitable accommodation shall
include...

284

2

Board may order company to provide proper ac-
commodation.....

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All companies to afford equal facilities for carriage,
delivery and interchange of traffic.....

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Undue preference or discrimination forbidden.

ACCOUNTS,

ACT,

Directors shall cause annual accounts to June 30 in
each year to be kept of all receipts and ex-
penditures of undertaking..

This Act declared in force from and after 1st of

February, 1904, by proclamation dated January
18th, 1904.

Vide Canada Gazette, vol. XXXVII, p. 1336.

ACTING SECRETARY

May be appointed in absence of secretary.

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ACTION,
No right of action shall lie against company for in-
juries resulting from neglect to close gates at farm
crossings...
Company shall not be liable for cattle killed or
injured by reason of gates being left open or
fences torn down....

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284

7

Right of action shall lie against company for non-
compliance with provisions of this section....
Liability of company for refusal to check baggage 388

ACTIONS FOR DAMAGES

Must be taken within one year; general issue.
Against company for breach of contract or default or

in respect of tolls not governed by this section...
Inspection under this Act does not relieve company
from responsibility..

Company shall be liable for damages for infraction of
orders, &c., of Board in respect of tolls, etc.,. . . . .
No prosecution shall be had under this section with-
out leave of Board....

ADMINISTRATORS,

Certificate of any shares held by shall be prima facie

evidence of title.....

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Powers of to sell and convey lands.

ADVANCE IN RATES

Shall not be made in favour of or against any particu-
lar person or company travelling upon or using
the railway..

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ADVANTAGE,

Or undue preference, by company forbidden......
Board may determine, as questions of fact,

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whether traffic has been carried without dis-
crimination or preference...

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ADVISORY,

Governor in Council may appoint experts to assist
Board in an advisory capacity....

AFFIDAVITS,

Inspecting engineers or others appointed to make

enquiry may administer oaths, &c.....

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