5124. Every road authorized to be made under the pro- Roads must visions of this section shall be commenced within the year within five be completed from the date of the charter, and shall be completed within the years. years next after such date. 33 V. c. 32, s. 62. five No. £ SCHEDULE A. In accordance with article 5092. sterling (or currency, as the case may be.) This debenture witnesseth that the (name of the company) incorporated under authority of section eleventh of chapter third of title eleventh of the Revised Statutes of the Province of Quebec, respecting companies for stoning roads, is indebted to the bearer hereof in the sum of sterling (or currency, as the case may be) as a loan, to bear interest from the date of the issue hereof, at the rate of per centum per annum ; which sum of sterling (or currency, as the case may be,) the said company hereby binds and obliges itself to pay (terms of payment,) and also to pay the interest thereon to the bearer hereof, at the place aforesaid, on delivery of the coupons therefor, now forming part thereof. And for the due payment of the said sum of money and interest, the said company hereby hypothecates its real estate and appurtenances hereinafter described, that is to say, its road known as the including all lands, buildings and all real property whatsoever of the said company, and other appurtenances thereto belonging, and transfers as security thereof the payments due on (number of calls) with the privileges thereto attached. In testimony whereof, A. B., of president of the said company, hath hereto set his signature, and affixed the common seal of the said company, at day of eight hundred and in the Countersigned and entered, C. D., year Secretary, , this A. B. (L.S.) I certify that this debenture was duly presented for registration in the registry office for the on the day of one thousand eight hundred and clock in the noon, and is accordingly registered in Going and returning, provided the return takes place on the For all two wheeled vehicles, drawn by one For all vehicles, drawn by more than one horse For every horse or other draught animal not 33 V., c. 32, Schedule B. $0 02 per mile. 0 021 0 00 k 0 01 SECTION XII. Application of certain articles of RAILWAYS. § 1. Declaratory and Interpretative. 5125. Articles 5128 to 5181, both inclusive, apply to every railway constructed or to be hereafter constructed, and shall, this section. in so far as they are applicable to such undertaking, and, unless they are expressly varied or excepted by the charter or special act, be incorporated with the charter or special act, form part thereof, and be construed accordingly. 43-44 V., c. 43, s. 2. How any article may be excepted from incor 5126. For the purpose of excepting, from incorporation with the charter or special act, any of the said articles 5128 to 5181 both inclusively, it shall be sufficient in the charter or act or charter. special act to enact that such articles, designating them by poration with their number, shall not be incorporated with such charter or any special act, and the charter or special act shall be construed accordingly. 43-44 V., 43, s. 3. 5127. Articles 5182 to 5221, both inclusive, apply to all Application railways in course of construction by the Government of the of certain provisions of Province of Quebec, and the property of the Province of Que- this section. bec, in so far as they are not inconsistent with any special act respecting them, to all railways, which have been or which may be constructed, under the authority of any charter granted by the Legislature or the Government of this Province, and to all companies incorporated for their construction and working; subject always to any provisions hereinafter made as to the Subject to application of any article or provision of this section to any provisions of railway, or as to the time from which it is to be held as so applying. 43-44 V., c. 43, s. 4. this section. tion : 5128. The expression "the special act" or "charter," used Interpretain this section shall be construed to mean any act, statute, or The special law authorizing the construction of a railway with which this act" section or the Quebec Consolidated Railway Act, 1880, is incor- "charter." porated. or 2. The word "prescribed", used in this section in reference to "Prescribany matter herein stated, shall be construed to refer to such ed; matter, as the same is prescribed or provided for in the charter; and the sentence in which such word occurs shall be construed as if, instead of the word "prescribed," the expression "prescribed for that purpose in the charter" had been used; 3. The expression "the lands" shall mean the lands which, "The lands;” by the charter, are authorized to be taken or used for the purpose thereof; 4. The expression "the undertaking" shall mean the railway "The underand works, of whatever description, by the charter anthorized taking;" to be constructed or executed. 43-44 V., c. 43, s. 5 § 1 to §4. 5129. The following words and expressions, both in this Interpretasection and the charter, shall have the meanings hereby assigned tion: to them, unless there is something in the subject or context repugnant to such construction: 1. The word "lands" shall include all real estate, messuages, "Lands;" lands, tenements and hereditaments of any tenure; Toll;" 2. The word "lease" shall include any agreement for a lease; “Lease; ' 3. The word "toll" shall include any rate or charge or other payment, payable under this section or the charter, for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway; 4. The word "goods" shall include things of every kind that Goods; " may be conveyed upon the railway, or upon steam or other vessels connected therewith; 5. The word "county" shall include any county, any union "County;" of counties, or any division thereof into separate municipalities. "Highway;" 6. The word "highway" shall mean all public roads, streets, lanes, and other public ways of communication; peace; "Sheriff;" 7. The word "sheriff' shall include the deputy sheriff, the under-sheriff, or other legal competent delegate; and where any matter in relation to any lands is required to be done by any sheriff or clerk of the peace, the expression "the sheriff” or the ex"Clerk of the pression "the clerk of the peace" shall, in such case, be construed to mean the sheriff or clerk of the peace of the district, where such lands are situate; and, if the lands in question, being the property of one and the same party, be situate not wholly in one district, the same expression shall be construed to mean the sheriff or clerk of the peace of any such district, where any part of such lands is situate; "Justice of 8. The word "justice of the peace" shall mean a justice the peace;" of the peace, acting for the district where the matter requiring the cognizance of a justice of the peace arises, and who is not interested in the matter; and whenever the matter arises in respect of lands, being the property of one and the same party not wholly situate in any one district, such expression shall mean a justice of the peace acting for the district where any part of such lands is situate, and who is not interested in such matter; and, where any matter is authorized or required to be "Two justices done by two justices of the peace, the expression "two justices of the peace;" of the peace" shall be understood to mean assembled and acting together; "Proprietor," 9. The word "proprietor," wherever, under the provisions of this section or the charter, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, shall be understood to mean any corporation or person who, under the provisions of this section or the charter, or any act incorporated therewith, would be enabled to sell, and convey lands to the company; Companies established 10. The expression "the company" shall mean the company or person authorized by the charter to construct the railway; 11. The expression "the railway" shall mean the railway and the works by the charter authorized to be constructed or executed; 12. The word "shareholder" shall mean every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the shareholder. C.S.C., c. 66, s. 7 § 19; 43-44 V., c. 43, s. 5 § 5 to § 16. 5130. In interpreting the provisions of the present section, from article 5182 to article 5221 both inclusively, the expressions "railway company" or "company" shall include every proprietor, lessee or contractor working a railway built or worked under any act of the Legislature of this Province. 43-44 V., c. 43, s. 97. §2.-Privileges of Railway Companies. 5131. Every company, established under any charter, shall under special be a body corporate under the name declared in the charter, bodies corpo and shall be vested with all the powers, privileges and immu- charter denities, which are or may be necessary to carry into effect the clared to be intentions and objects of this section and of the charter grant- rate, &c. ed for that purpose and which are incident to such corporations, or are expressed or included in the Civil Code. 43-44 V. c. 43, s. 6. $ 3.-Fowers. 5132. The company shall have power and authority: Powers: 1. To receive, hold and take all voluntary grants and dona- To receive tions of land or other property made to it, to aid in the con- grants of land, &c.; struction, maintenance and accommodation of the railway; but the same shall be held and used for the purpose of such grants or donations only; 43-44 V., c. 43, s. 7 § 1. 2. To acquire, hold and take of any corporation or person To purchase any land or other property necessary for the construction, main- land; tenance, accommodation and use of the railway, and also to alienate, sell or dispose of the same at pleasure; 43-44 V., c. 43, s. 7 § 2. 3. With the consent of the Lieutenant-Governor in Council to To occupy take and appropriate, for the use of its railway and works, but public lands, beaches, &c., not alienate, so much of the wild lands of the Crown, lying on with consent the route of the railway, as have not been granted or sold, and of the Crown; as may be necessary for such railway, as also so much of the public beach or of the land covered with the waters of any lake, river, stream or canal, or of their respective beds, as is Proviso. necessary for making and completing and using their said railway and works, subject, however, to the authority and control of the Parliament of Canada, in so far as shipping and navigation are concerned; 43-44 V., c. 43, s. 7 § 3. across lands tions and others; 4. To make, carry or place the railway across or upon the lands Power to of any corporation or person on the line of the railway, or within carry railway the distance from such line stated in the charter, although, through of corporaerror or other cause, the name of such corporation or person has not been entered in the book of reference hereinafter mentioned, or although some other corporation or person has been erroneously mentioned as the owner of or as entitled to convey, or interested in, such lands; 43-44 V., c. 43, s. 7 § 4. &c.; 5. To construct, maintain and work the railway across, along, And across or or upon any river, water-course, canal, highway or railway which along streams, it intersects or touches; but the river, water-course, highway, canal or railway, so intersected or touched, shall be restored by Proviso. the company to its former state, or to such state as not to impair its usefulness; subject always, however, to the authority and control of the Parliament of Canada, in so far as respects Proviso. shipping and navigation; 43-44 V., c. 43, s. 7 § 5. one or more 6. To make, complete, change and keep in repair the railway To complete with one or more sets of rails or tracks to be worked by the railway with force and power of steam, or of the atmosphere, or of animals, tracks, &c. ; or by mechanical power, or by any combination thereof; 43-44 V., c. 43, s. 7, § 6. 7. To erect and maintain all necessary and convenient build- To erect ings, stations, depots, wharves and fixtures, and, from time to necessary |