When and how muni

cipal corporations may

take stock.

Mayor ex

or.

2. Municipal corporations, being duly empowered so to do by the laws of the Province, and subject to the limitations and restrictions by such laws prescribed, may subscribe for any number of shares in the capital stock of the company.

The mayor, warden or other head of any such corporation officio direct holding stock to the amount of twenty thousand dollars or upwards shall be ex-officio one of the directors of the company, in addition to the number of directors authorized by the charter.

Appointment

parish and

When, in a parish comprising a parish municipality and a of director by village municipality, the council of both municipalities shall village muni- have agreed as to the subscription of shares to a railway comcipalities pany, which entitles to a representation on the board of direcwhich have taken stock. tion of such company, the mayor of each such two municipalities shall, alternately, be a director ex-officio, in such company, each for one year, commencing and changing on the first of January of each year, and to be commenced by the mayor of the parish municipality; provided that the amount of stock or shares thus owned by each of the two municipalities be at least ten thousand dollars. 43-44 V., c.43, s. 23 § 2.

Power of such director.

Account of names, &c., of share

3. Any such directors shall have the same rights as directors. of municipalities which have subscribed for twenty thousand dollars of shares. 43-44 V., c. 43, s. 23 § 3.

4. A true and perfect account of the names and residences of the several shareholders shall be prepared and entered in a holders to be book to be kept for that purpose. 43-44 V., c. 43, s. 23 § 4.

kept.

By-laws to be reduced to

writing and signed by chairman.

Publication thereof.

Certified copies to be evidence.

To be submit

§ 10.-By-laws, Notices &c.

5139. All by-laws, rules and orders regularly made shall be reduced to writing and signed by the chairman or person presiding at the meeting at which they are adopted, and shall be kept in the office of the company.

A printed copy of so much of them, as relates to or affects any party, other than the members or servants of the company,. shall be affixed openly in every place where tolls are to be paid, and a printed copy of so much of them, as relates to the safety and liability of passengers, shall be openly affixed in each passenger car, and, in like manner, so often as any change or alteration is made to the same.

Any copy of such by-laws, rules and orders or of any of them, certified as correct by the president or secretary, shall be evidence thereof in any court. 43-44 V., c. 43, s. 24.

2. All such by-laws, rules and orders shall be submitted, from ted to Lieut- time to time, to the Lieutenant-Governor for approval.

enant-Gov

ernor.

Copies of

prima facie evidence.

V., c. 43, s. 24 § 2.

43-44

3. Copies of the minutes of proceedings and resolutions of minutes to be the shareholders of the company, at any general or special meeting, and of the minutes of proceedings and resolutions of the directors at their meetings, extracted from the minute-books, kept by the secretary of the company, and by him certified to be true copies extracted from such minute-book shall be evidence

of such proceedings and resolutions in any court.

c. 43, s. 24 § 3.

43-44 V..

4. All notices given by the secretary of the company, by Notices by order of the directors, shall be deemed notices by the directors secretary and company. 43-44 V., c. 43, s. 24 § 4.

$11.-General Provisions.

valid.

for regulation

5140. Every railway company shall make such by-laws, Companies to rules and regulations, to be observed by the conductors, engine- make by-laws drivers and other officers and servants of the company, and by of conductors all other companies and persons using the railway of such com- and other pany, and such regulations, with regard to the construction of officers, &c.. the carriages and other vehicles, to be used in the trains of the railway of the company, as are requisite for ensuring the perfect carrying into effect of the provisions of this section, and the orders and regulations of the Railway Committee. 43-44 V., c. 43, s. 61 § 1.

2. The company may, from time to time, repeal or alter such Altering byby-laws and make others, provided that such by-laws be not laws. repugnant to the provisions of this section or the charter of the company, or any act amending the same. 43-44 V., c. 43, s. 6182.

3. Such by-laws shall be reduced to writing and shall Form. have affixed thereto the seal of the company. 43-44 V., c. 43, s. 61§ 3.

4. Any of the conductors, engine-drivers, and other officers Imposing and servants of the company or other railway companies penalties. using any railway, offending against any such by-law, shall forfeit, for every such offence, a sum not exceeding forty dollars; such forfeiture to be imposed by the company in such by-law, as a penalty for every such offence. 43-44 V., c. 43, s. 6184

certain cases.

5. If the infraction or non-observance of any such by-law, Summary in by any of the classes in the next preceding paragraph mentioned, be attended with danger or annoyance to the public, or hindrance to the company in the lawful use of the railway, it shall be lawful for the company summarily to interfere, using no violence or unnecessary force, to obviate or remove such danger, annoyance, or hindrance, and that without prejudice to any penalty incurred by the infraction of any such by-law. 43-44 V., c. 43, s. 61 § 5.

6. No such by-law shall have force or effect unless or until Sanction. it has been approved by the Lieutenant-Governor in Council. 43-44 V., c. 43, s. 61 § 6.

laws shall be

7. The substance of any such by-law, when approved as How such by-aforesaid, if it affect any officer or servant of the company, notified to nay be proved by proving the delivery of a copy to or its railway ser-receipt by such officer or servant, and, if it affect any other vauts and the public. railway company, using the railway, it shall be painted on boards, or printed on paper and pasted on boards, and hung up and affixed and continued on the front or other conspicuous Part of every wharf or station belonging to the company,.

Boards to be renewed.

Penalties

when recoverable.

What parties to be bound by such bylaws.

Proof thereof.

according to the nature or subject-matter of such by-laws respectively, and so as to give public notice thereof to the persons interested therein or affected thereby.

Such boards shall be, from time to time, renewed as often as the by-laws thereon or any part thereof shall be obliterated or destroyed.

No penalty, imposed by any such by-laws, shall be recoverable unless the same shall have been published, and kept published in manner aforesaid. 43-44 V., c. 43, s. 61 § 7.

8. Such by-laws, when so confirmed, shall be binding upon and be observed by all persons mentioned in the fourth paragraph of this article, and shall be sufficient to justify all persons acting under the same.

For proof of the publication of any such by-laws affecting only any other railway company, using the railway, it shall be sufficient to prove that a printed paper or painted board, containing a copy of such by-laws, was affixed, placed and continued in the manner by this article directed, and in case of its being afterwards displaced or damaged, then that such paper or board was replaced as soon as conveniently might be. 43-44 V., c. 43, s. 61 § 8.

Company 5141. Any railway company may, by a by-law, impose may impose penalties for upon any officer, servant, or person who, before contravening contravention such by-law, has had notice thereof, and is employed by the of by-laws by employees. Company, a forfeiture to the company of not less than thirty

How notice of by-laws or

orders may be proved.

When such proof, &c.,

shall be a defence for

days' pay of such officer or servant, for any contravention of such by-law, and may retain any such forfeiture out of the salary or wages of the offender. 43-44 V., c. 43, s. 62.

5142. The notice of the by-law or of any order or notice of the Railway Committee, or of the inspecting engineers, may be proved by proving the delivery of a copy thereof to the officer, servant or person, or that he signed a copy thereof, or that a copy thereof was posted in some place where his work or his duties, or some of them, were to be performed. 43-44 V., c. 43, s. 63.

5143. Such proof, with a proof of the contravention, shall be a full answer and defence for the company in any suit for the recovery of the amount so retained, and such forfeiture the company. shall be over and above any penalty under this section. 43-44 V., c. 43, s. 64.

Company

5144. No such company shall cause any obstruction in or not to impede impede the free navigation of any river, stream or canal to or across or along which their railway is carried. 43-44 V., c. 43,

navigation,

Railways,

crossing

rivers, &c., regulated.

s. 65.

5145. If the railway be carried across any navigable river or canal, the company shall leave openings between the abutments or piers of its bridge or viaduct over the same, and shall wake the same of such clear height above the surface of

the water, or shall construct such draw-bridge or swing-bridge over the channel of the river, or over the whole width of the canal, and shall be subject to such regulations as to the opening of such draw-bridge or swing-bridge as the LieutenantGovernor in Council may, from time to time, make. 43-44 V., c. 43, s. 66.

the Lieuten

5146. It shall not be lawful for any such company to Plans to be construct any wharf, bridge, pier or other work upon or over submitted to any navigable river, lake or canal, or upon the beach or bed ant-Governor lands covered with the waters thereof, until it has or in Council. first submitted the plan and proposed site of such work to the Railway Committee, and the same has been approved; and no deviation from such approved site or plan shall be made without the consent of the Committee. 43-44 V., c. 43, s. 67.

5147. Nothing contained in the three preceding articles Exception shall be construed to limit or affect any power expressly when special given to any railway company by its charter or any act amend-powers are ing the same. 43-44 V., c. 43, s. 68.

given by the charter.

over a swing

5148. In all cases where a railway passes any draw or When a railswing-bridge over a navigable river, canal or stream, which is way passes subject to be opened for the purposes of navigation, the trains bridge, &e., shall, in every case, be stopped for at least three minutes, to ascer- train to stop tain from the bridge-tender that the bridge is closed and in for three perfect order for passing.

minutes.

In default of so stopping during the full period of three Penalty. minutes, the said railway company shall be subject to a fine or penalty of four hundred dollars. 43-44 V., c. 43, s. 69.

apparatus

between con

ductors and

stopping or

5149. Every railway company, which runs trains upon the Company to railway for the conveyance of passengers, shall provide and use the best cause to be used, in and upon such trains, such known apparatus for communiand arrangements as best afford good and sufficient means of cation immediate communication between the conductors and the engine-drivers of such trains while the trains are in motion, engine-driand good and sufficient means of applying, by the power of the vers, and for steam engine or otherwise at the will of the engine-driver, or disconnect other person appointed to such duty, the brakes to the wheels ing cars, of the locomotive or tender, or both, or of all or any of the fixing seats in or carriages composing the trains, and of disconnecting the locomotive, tender and cars or carriages from each other by any such power or means, and also such apparatus and arrangements as best and most securely place and fix the seats or chairs in the cars or carriages, and shall alter such apparatus and arrangements or supply new apparatus and arrangements, as the Railway Committee may, from time to time, order. 43-44 V., c. 43. s. 70.

cars

cars. &c.

5150. Every railway company, which fails to comply with Penalty for any of the provisions contained in the preceding article, not comply

visions of

ang with pro- shall forfeit to Her Majesty, a sum not exceeding two hundred dollars for every day during which such default continues. 43-44 V., c. 43, s. 71.

-articles 5149.

Further precautions at level crossings.

Further precautions

when railway

crosses another on a

level;

Or runs through a city, town, &c. ;

Or moves reversely.

Penalty for contravention of articles 5151 to 5153.

Foot passen

5151. Every railway company shall station an officer at every point on their line, crossed on a level by any other railway, and no train shall proceed over such crossing until signal has been made to the conductor thereof that the way is clear. 43-44 V., c. 43, s. 72.

5152. Every locomotive or railway engine or train of cars on any railway shall, before it crosses the track of any other railway on a level, be stopped for at least the space of one minute. 43-44 V., c. 43, s. 73.

5153. No locomotive or railway engine shall pass in or through any thickly peopled portion of any city, town or village at a speed greater than six miles per hour, unless the track is properly fenced. 43-44 V., c. 43, s. 74.

5154. Whenever any train of cars is moving reversely in any city, town or village, the locomotive being in the rear, the company shall station, on the last car of the train, a person who shall warn parties, standing on or crossing the track of such railway, of the approach of such train, under a penalty of one hundred dollars for any contravention of the provisions of this and the three preceding articles. 43-44 V., c. 43,

S. 75.

5155. If the Railway Committee order any railway company gers to use to erect at or near or in lieu of any level crossing of a turnpike foot bridges.if provided for road, or other public highway, foot-bridges over their railway that purpose, for the purpose of enabling persons, passing on foot along such at level Crossings. turnpike road or public highway, to cross the railway by means of such bridges, then, from and after the completion of foot-bridges so required to be erected, and while the company keeps the same in good and sufficient repair, such level crossing shall not be used by foot passengers on the said turnpikeroad or public highway, except during the time when the same is used for the passage of carriages, carts, horses or cattle along the said road. 43-44 V., c. 43, s. 76.

5156. No horses, sheep, swine or other cattle shall be permitted to be at large upon any highway, within half a mile of the intersection of such highway with any railway on grade, unless such cattle are in charge of some person or persons to prevent their loitering or stopping on such highway, at such intersection. 43-44 V., c. 43, s. 77.

5157. All cattle found at large in contravention of the preceding article may, by any person finding the same at large, be impounded in the pound nearest to the place where the same are so found; and the pound-keeper, with whom the same