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sation for the land above described and for any damages caused by the exercise of their powers thereon.

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Engineer (as the case may be) do hereby certify:

to.

1. That I am disinterested in the matter herein referred

2. That the land described in the attached Notice and shewn on the plan deposited with the Registrar of Deeds for the County of is required for the C. D.

Railway.

dollars

3. That I know the said land and the amount of damage likely to arise from the exercise of the powers mentioned in the attached Notice, and that the sum of offered by the C. D. Railway is a fair compensation for the land and damages aforesaid.

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INDEX.

A.

ABANDONMENT.

Of expropriation proceedings, and new notice given, s. 68,
s.-S. (17)

ABSENCE.

Provisions in event of death or absence of directors, s.
14, s.-s. (6)

PAGE

52

14

......

Vice-President to act in absence of President, s. 21
Notice respecting lands may be served by advertisement
in absence of owner, s. 68, s.-s. (3)

16

47

If owner is absent from district in which lands taken
lie, one month's notice may be given by advertise-
ment, s. 68, s.-s. (3)

48

ACCIDENTS.

By reason of operation on highways, notes to cases, etc. 135
Company shall give immediate notice to Board of acci-

dents, s. 237, s.-s. (1).. . ...

148

Board may regulate form of notice, and investigate, s. 237,
S.-S. (2)

148

May order company to suspend or dismiss employee, s.
237, s.-s. (3)

148

Report of investigation to be made to Lieutenant-Gover-
nor in Council, s. 237, s.-s. (4)

148

Statistics to be furnished Board half-yearly, January and
July, s. 229

145

Board may prescribe form of returns, s. 230

146

Returns to Board to be privileged communications, except
to enforce penalties for failure to make returns, S.
231

146

ACCOMMODATION.

....

Company to provide adequate and suitable facilities for
all traffic. s. 128, s.-s. (1)
Action lies for failure to provide, s. 128, s.-s. (3)......
Board may order company to provide proper accommoda-

92

93

tion, s. 128, s.-s. (4)....

93

All companies to afford equal facilities for carriage, deli-
ery and interchange of traffic, s. 174...
Undue preference or discrimination forbidden, s. 174.... 112

112

ACCOUNTS.

Directors shall cause annual statements to be made of all
receipts and expenditures of undertaking. s. 23

.... 17

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No right of action shall lie against company for injuries
resulting from neglect to close gates at farm cross-
ings. s. 87, s.-s. (5)

Company shall not be liable for cattle killed or injured
by reason of gates being left open or fences torn
down, s. 87, s.-s. 6

71

71

......

Right of action shall lie against company for non-com-
pliance with provisions of this section, s. 87, s.-s.
(4)
Liability of company for refusal to check baggage, s. 119,
s.-S. (3)

71

......

....

88

ACTION FOR DAMAGES.

Must be commenced within one year, s. 223, s.-s. (1)................ 141
Against company for breach of contract or in respect of

tolls not governed by this section. s. 223, s.-s. (2)

Due to operation of street railways.

Inspection under this Act does not relieve company from

142

....

135

responsibility, s. 168

107

.....

Waiving right to, for defective machinery void, s. 224.... 142
Cannot be maintained by trespassers

150

ADMINISTRATORS.

Certificate of any shares held by. shall be prima facie evi-
dence of title, s. 29. s.-s. (1)

.20

Powers of, to sell and convey lands, s. 61, s.-s. (1)

24

44

ADVANCE IN RATES.

Shall not be made in favour of or against any particular
person or company travelling upon or using the rail-
way, s. 173, s.-s. 1...

111

ADVANTAGE.

Or undue preference, by company forbidden, s. 174...... 112
Board may determine. as questions of fact. whether traffic
has been carried without discrimination or preference.
s. 175

AFFIDAVITS.

Application to open railway to be supported by, s. 163, s.-S.
(2)

113

104

........

Application for service of notice by advertisement to be
accompanied by affidavit of officer of company, s. 68,
s.-S. (3)

47

AFFIDAVITS-Continued.

PAGE

Penalty if company or officers make false returns, s. 235.. 147
Arbitrators shall be sworn before a justice of the peace, s.

May administer oaths, etc., s. 69, s.-s. (10)

99

69, s.-s. (9)

49

50

Appointment of railway constables, and oaths to be taken,
s. 171, s.-s. (1)

115

AGENT.

As to liability of agent of company for contravention of
provisions of this or Special Act, s. 250

AGREEMENT.

Limiting liability, void, s. 76, s.-s. (9)
Limiting liability on carriage of goods,

......

Any agreement entered into by two or more companies con-
trary to this section, shall be unlawful. s. 174 ....
For connection and running arrangements, sale, lease or
amalgamation of railway must be authorized by share-
holders and approved by the Board, s. 58, s.-s. 1, 2,
3.)
Waiving right to damages, for defective machinery void,
s. 224
AGREEMENTS (See TRAFFIC and AMALGAMATION.)

ALIEN.

.......

......

154

64

114

113

.38, 39

142

Shareholders shall have equal rights, s. 37

23

ALLOTMENT OF CARS.

Cars must be so distributed as not to discriminate against
any locality or industry, s. 174

113

ALLOTMENT OF SHARES.

Shares may be allotted at discretion of Provisional Direc-
tors, s. 7 s.-s. (3)

9

ALTERATIONS IN LINE OF RAILWAY.

May be made for certain purposes with consent of the
Board. s. 55 ....

34

Deviations or alterations in line of railway, approved by
Board, shall be deposited in same manner as the
originals, s. 59, s.-s. (8)

41

Deviation not to exceed one mile, s. 59, s.-s. (13)
Extensions beyond termini mentioned in Special Act not

43

allowed, s. 55

34

.....

AMALGAMATION AGREEMENTS.

For connection and running arrangements, for sale or
lease of railway, and for amalgamations, to be author-
ized by shareholders and approved by the Board. s. 58
S.-S. (1, 2, 3,)

........

Application to street railways, s. 58, s.-s. (4)

.38, 39

39

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