the company making use of such locomotive, whether guilty of negligence or not, shall be liable for such damage and may be sued for the recovery of the amount of such damage in any Court of competent jurisdiction; Provided that if it be shown that the company has used modern and efficient appliances and has not otherwise been guilty of any negligence, the total amount of compensation recoverable under this section, in respect of any one or more claims for damage from a fire or fires started by the same locomotive and upon the same occasion, shall not exceed five thousand dollars, and it shall be apportioned amongst the parties who suffered the loss as the Court may determine.

(3) The company shall have an insurable interest in all such property upon or along its route, for which it may be so held liable, and may procure insurances thereon in its own behalf.

G. T. Ry. Co. v. Rainville, 29 S. C. R. 201; 1 Can. Ry. Cases 113; Oatman v. M. C. Ry. Co., 1 0. L. R. 145, 1 Can Ry. Cases 129; 7 0. W. R. 81; Jackson v. G. T. Ry. Co., 32 S. C. R. 245; 1 Can. Ry. Cases 141; Blue v. Red Mountain Ry. Co., 6 Can. Ry. Cases 219.

C. P. Ry. Co. v. Roy (1902), A. C. 220, Henley v. C. P. Ry. Co., 21 Occ. N. 394; 1 Can. Ry. Cases 170.

Credit for insurance moneys: Stratford v. Toronto H. & B. Ry. Co., 6 O. W. R. 698.

Insurance beyond powers of assuring-Company-Return of premiums--Standing timber: C. P. R. v. Ottawa Fire Ins. Co., 11 O. L. R. 465.

(Now standing for judgment in Supreme Court, July 16, 1907).

Construction of Road by Sections.

107. The company is hereby authorized and empowered to take and make the surveys and levels of the lands through which the said railway is to pass, together with the map or plan and book of reference thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, so far as then ascertained, and to deposit the same as required by the clauses of this Act with respect to plans and surveys, by sections or portions less than the length of the whole railway authorized, of such length as the company may from time to time see fit, so that no one of such sections or portions shall be less than five miles in length,

and upon such deposit as aforesaid of the map or plan and book of reference of any and each of such sections or portions of the said railway, all and every of the clauses of this Act shall apply and extend to any and each of such sections or portions of the said railway as fully and effectually as if the surveys and levels had been taken and made of the lands through which the whole of the said railway is to pass, together with the map or plan and book of reference of the whole thereof, and of its whole course and direction, and of the lands intended to be passed over and taken, and the statement of the whole of the said railway had been taken, made, examined, certified and deposited according to the said clauses of this Act. The construction of the railway in sections may be commenced at such point on the line of railway as the directors may determine, but the said work of construction shall be carried on from such point by sections continuing therefrom so as to form at all times one continuous line of railway; provided, however, that the Board may sanction and approve of the construction by sections at different points, and not continuously, along the said line of railway.

See next section.

108. Whenever any section of the said railway of not less. than five miles has been completed, the company may take the steps authorized by section 163 of this Act to be taken before a railway or a portion thereof is opened for the carriage of traffic, and, with the permission of the Board as set forth in the said section, the company may open and operate such section as if it were a completed road, and all the sections of this Act applicable thereto shall thereupon apply to the said section as if it were a completed road, and to its operation.

Commencement of Construction.

109. The company shall not commence the construction of the railway, or any section or portion thereof, until the provisions of this Act as to plans and surveys are fully complied with; and shall not make any change, alteration or deviation in the railway, or any portion thereof, until the

provisions of subsection 13 of section 59 as to deviations are fully complied with.

See sec. 111.

Compensation to Owners of Lands Adjacent to Highways.

110. (1) Where a railway constructs its tracks along one side of a highway or operates over a highway or railway or street railway crossing by means of a bridge or underneath a highway or railway or street railway crossing by means of a sub-way or tunnel, and in the construction of the approaches to such bridge or tunnel, raises or depresses part of a highway, the owner of any land adjoining the portion of the highway upon the side thereof upon which the tracks are so constructed or upon or along which the said bridge or sub-way or tunnel or approaches thereto are constructed shall, if by reason of such construction his land or the business carried on upon such land is thereby injured or in any way depreciated in value, be entitled to receive compensation therefor from the company.

(2) The proceedings to obtain such compensation and to determine the amount thereof shall so far as applicable be the same as that provided in this Act in the sections respecting the taking of land without the consent of the owner.

(3) Compensation for injury to or depreciation of the value of any such business or land may be awarded by the arbitrators if in their judgment any such injury or depreciation is caused by the existence of the railway, notwithstanding that the grade of the highway may not have been changed or altered.

(4) Not more than one award of damages shall be made under this section in respect of the same land or business.

(5) This section shall not apply to such portions of any railway as are constructed at the time of the coming into force of this Act, or which may be constructed under agreements existing at the time of the coming into force of this Act.

Bowen v. C. S. Ry. Co., 14 A. R. 1; see notes to sec. 68.

Limitation of Time for Construction.

111. If the construction of the railway or street railway is not commenced and fifteen per cent. of the amount of the capital stock is not expended thereon within two years after the passing of the special Act, or in case of a railway other than a street railway, if the railway is not finished and put in operation within five years from the passing of such Act, the powers granted by such Act or by this Act shall cease and be null and void as respects so much of the railway as then remains uncompleted.

Montreal Park and Island Ry. Co. v. Chateauguay Nor. Ry. Co., 2 Q. R. 13 K. B. 256; 35 S. C. R. 48, 4 Can. Ry. Cases 83.

Grand Junction Ry. Co. v. Midland, 7 A. R. 681; Ont. &c., Ry. Co. v. C. P. Ry. Co., 14 O. R. 432.

Yale Hotel Co. v. Vancouver, &c., Ry. Co., 3 Can. Ry. Cases 108. Effect of forfeiture: Hardy v. Pickerel, &c., and Co., 29 S. C. R. 216; Hodgins v. O'Hara, 38 C. L. J. 81; Grand Ju. Ry. Co. v. Midland, supra.

Use of Steam During Construction.

112. A company while constructing a line of railway to be operated by electricity on a right of way owned by the company shall have power to use steam as a motive power during such construction and at other times for construction purposes.

Contracts for Construction.

113.-(1) The directors may enter into a contract or contracts with any individual, corporation or association of individuals for the construction or equipment of the railway or any part thereof, including or excluding the purchase of right of way, and may pay therefor either in part or in whole either in cash or bonds, or in paid-up stock, and may pay or agree to pay in paid-up stock or in bonds of the said company such sums as they may deem expedient to engineers, or for the right of way, or material, plant or rolling stock, and also for the services of the promoters or other persons who may be employed by the directors for the purpose of assisting the directors and furthering the undertaking, or for the purchase of right of way, material, plant or rolling stock,

provided that no such contract shall be of any force or validity unless first authorized by resolution passed by the votes of the shareholders in person or by proxy representing twothirds in value of the whole amount paid up of the total capital stock of the company then issued and outstanding at a general meeting of the shareholders specially called for the purpose of considering such matters, and the stock so acquired by any person shall for all purposes be deemed to be paid in cash.

(2) This section shall apply to street railway companies and street railways.

Regulations Governing the Running of Trains.

114. The trains or cars shall start and run at regular hours or at regular intervals to be fixed by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers and goods as are within a reasonable time previous thereto offered for transportation at the place of starting, and at the junctions of other railways, and at usual stopping places, established for receiving and discharging way-passengers and goods from the train

or car.

Protection of passengers: Blain v. C. P. Ry. Co., 3 Can. Ry. Cases 143, 2 O. W. R. 76, 34 S. C. R. 75; Delahanty v. M. C. Ry. Co., 3 Can. Ry. Cases 311; 6 O. W. R. 252, 10 O. L. R. 388; Jones v. G. T. Ry. Co., 5 O. W. R. 611, 9 O. L. R. 723.

572.

Carriage of goods: Merchants Despatch v. Hately, 14 S. C. R.

Contract limiting liability: St. Mary's Creamery Co. v. G. T. R. Co., 3 Can. Ry. Cases 447, 4 O. W. R. 472, 8 O. L. R. 1.

See also Frankel v. G. T. Ry. Co., 2 Can. Ry. Cases 155. James v. Dom. Express Co., 9 O. W. R. 93, 13 O. L. R. 211, 6 Can. Ry. Cases 309.

Smith v. Canadian Express Co., 7 O. W. R. 403, 12 O. L. R. 84. Re Robertson & G. T. Ry, Co., 43 C. L. J. 534, 9 O. W. R. 630. As to running omnibus business: see Atty.-Gen. v. Mersey Ry. Co., 23 T. L. R. 684, see also sec. 51, sub-sec. 7, ante.

115. Every employee of the company employed in a passenger train or car or at a passenger station, shall wear upon his hat or cap a badge, which shall indicate his office, and he shall not, without such badge, be entitled to demand