Precaution when railway crosses a highway. Penalty. thereto, if necessary, at the cost and charges of the railway company, so as to admit an open and clear headway of not less than seven feet over the top of the highest freight cars thereafter to be used on the railway. 43-44 V., c. 43, s. 15 § 5. 6. Signboards, stretching across or projecting over the highway crossed at a level by any railway, shall be erected and kept up at each crossing at such height as to leave sixteen feet from the highway to the lower edge of the signboard, and have the words "railway crossing" painted on each side of the signboard, in letters not less than six inches in length; and for any neglect to comply with the requirements of this paragraph, a penalty not exceeding forty dollars shall be incurred. 43-44 V., c. 43, s. 15 § 6. II.-FENCES. Fences to be erected on each side of railway, with gates and crossings. Farmcrossings. Liability of company until cattleguards are erected. When to be exempted. Persons prohibited from going on the track, &c., 5171. Within six months after any lands have been taken for the use of the railway, the company shall, if thereunto required by the proprietors of the adjoining lands, at its own costs and charges, erect and maintain, on each side of the railway, fences of the height and strength of an ordinary division fence, with sliding gates commonly called hurdle-gates, with proper fastenings, and farm crossings on the road, for the use of the proprietors of the lands adjoining the railway; and also cattle-guards at all road crossings, suitable and sufficient to prevent cattle and other animals from getting on the railway. 43-44 V., c. 43, s. 16 § 1. 2. Farm-crossings shall be made and maintained by the company, upon the application of any proprietor of land, present or future, on each such land. 43-44 V., c. 43, s. 16 § 2. 3. Until such fences and cattle-guards are duly made, the company shall be liable for all damages, which may be done by their trains or engines to cattle, horses or other animals on the railway. 43-44 V., c. 43, s. 16 § 3. 4. After the fences or guards have been duly made, and while they are duly maintained, no such liability shall accrue for any such damages, unless negligently or wilfully done. 44 V., c. 43, s. 16 § 4. 43 5. If any person ride, lead or drive any horse or any other animal, or suffer any such horse or other animal to enter upon such railway, and within the fences and guards, other than the with cattle, farm-crossings, without the consent of the company, he shall, for every such offence, forfeit a sum not exceeding forty dollars, and shall also pay to the party aggrieved all damages sustained thereby. 43-44 V., c. 43, s. 16 § 5. &c. Not to walk on track. Power to erect snowfences on adjoining lands. 6. No person, other than those connected with or employed by the railway, shall walk along the track thereof, except where the same is laid across or along a highway. 43-44 V., c. 43, s. 16 § 6. 7. Each and every railway company, heretofore incorporated, or which may hereafter be incorporated, as well as the Government of this Province, with respect to all railways constructed by or being the property or under the control of the Province, shall have the right on and after the first day of November, in All snow-fences so erected shall be removed on or before the When fences first day of April then next following. 43-44 V., c. 43, s. 16 § 7. to be re moved. § 15.-Tolls. laws or other 5172. Tolls shall be, from time to time, fixed and regulated Tolls to be by the by-laws of the company, or by the directors, if thereunto fixed by byauthorized by the by-laws, or by the shareholders at any general wise. meeting. Such tolls may be demanded and received for all passengers Payment and goods transported upon the railway or in the steam-vessels of tolls. to the undertaking belonging, and shall be paid to such persons and at such places near to the railway, in such manner and under such regulations as the by-laws direct. 43-44 V., c. 43, s. 17 § 1. 2. In case of refusal of payment or in default of payment on How payment demand of any such tolls, or any part thereof, to such persons, be enforced. of tolls may the same may be sued for and recovered in any competent court, or the agents or servants of the company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime, the said goods shall be at the risk of the owners thereof. V., c. 43, s. 17 § 2. 43-44 3. If the tolls be not paid within six weeks, the company may When, if tolls sell the whole or any part of such goods, and, out of the money be not paid, goods detainarising from such sale, retain the tolls payable and all charges ed may be and expenses of such detention and sale, rendering the surplus, sold. any there be, of the money realized at such sale, or such of the goods as remain unsold, to the person entitled thereto. 43 if 44 V., c. 43, s. 17 § 3. 4. If any goods remain in the possession of the company, When goods unclaimed for the space of twelve months, the company may may be sold. thereafter, and, on giving public notice thereof by advertisement for six weeks in one or more newspapers of the locality in which such goods are, sell such goods by public auction, at the time and place to be mentioned in such advertisement, and out of the proceeds thereof, pay such tolls and all reasonable charges for storing, advertizing and selling such goods. The balance of the proceeds, if any, shall be kept by the com- Proceeds, pany for a further period of three months, to be paid over to how dealt any person entitled thereto. 43-44 V., c. 43, s. 17 § 4. with. 5. In default of such balance being claimed before the expi- How balance to be disposed ration of the period last aforesaid, the same shall be paid over to the Provincial Treasurer to be applied to the general pur of. Tolls how raised and reduced. A fraction of a mile or a poses of the Province, until claimed by the person entitled thereto. 43-44 V., c. 43, s. 17 § 5. 6. All or any of the tolls may, by any by-law, be reduced and again raised, in whole or in part, as often as deemed necessary for the interests of the undertaking; but the same tolls. shall be payable at the same time and under the same circumstances upon all goods and by all persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any by-laws relating to tolls. 43-44 V., c. 43, s. 17 § 6. 7. In all cases, a fraction in the distance over which goods or ton how esti- passengers are transported on the railway shall be considered as a whole mile. mated. Fraction of ton how estimated. Table of tolls to be posted up in offices and cars. For a fraction of a ton in the weight of any goods, a proportion of the tolls shall be demanded and taken, according to the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton. 43-44 V., c. 43, s. 17 § 7. 8. The directors shall, from time to time, print and post up, or cause to be printed and posted up, in the office, and in all the places where the tolls are to be collected, in some conspicuous place there, a printed board or paper exhibiting, in French and English, all the tolls payable, and particularizing the price or sum of money to be charged or taken for carriage of any matter or thing. 43-44 V., c. 43, s. 17 § 8; 51-52 V., c. 93, s. 1. 9. No tolls shall be levied or taken until approved of by the approved by Lieutenant-Governor in Council, or until after two consecutive Governor and weekly publications in the Quebec Official Gazette of the bypublished. law establishing such tolls, and of the order in council approving thereof. 43-44 V., c. 43, s. 17 § 9. Tolls to be Lieutenant Lieutenant Governor may revise tolls. 10. Every by-law fixing and regulating tolls shall be subject to revision by the Lieutenant-Governor in Council, from time by-laws fixing to time, after approval thereof; and after an order in council, reducing the tolls fixed and regulated by any by-law, has been twice published in the Quebec Official Gazette, the tolls mentioned in such order in council shall be substituted for those mentioned in the by-law, so long as the order in council remains unrevoked. 43-44 V., c. 43, s. 17 § 10. When the Legislature may reduce tolis on rail ways. By-laws imposing tolls to be approv ed by Lieu tenant-Gov ernor in Council. 11. The Legislature may, from time to time, reduce the tolls upon the railway, but not without the consent of the company, or so as to reduce to less than fifteen per cent. per annum the profits on the capital actually expended in its construction, or unless, on an examination made by the Commissioner of Public Works of the amount received and expended by the company, the net income from all sources, for the year then last past, is found to have exceeded fifteen per cent. upon the capital so actually expended. 43-44 V., c. 43, s. 17 § 11; 50 V., c. 7, s. 12. 12. No by-law of any railway company, by which any tolls are to be imposed or altered, or by which any person, other than the members, officers and servants of the company, are intended to be bound, shall have any force or effect until the same has. been approved and sanctioned by the Lieutenant-Governor in Council. 43-44 V., c. 43, s. 17 § 12. §16.-Working of the Railway. I. DUTIES OF EMPLOYEES, ETC. wear badges. 5173. Every servant of the undertaking, employed on a Servants to train or at a station for passengers, shall wear, upon passenger his hat or cap, a badge, which shall indicate his office. Without such badge, he shall not be entitled to demand or Consequence receive from any passenger any fare or ticket, or to exercise any of the powers of his office, or to interfere in any manner, with any passenger, or his baggage or property. 43-44 V., c. 43, 3. 251. of not wear ing such. regular hours.. 2. The trains shall be started and run at regular hours, to be Trains to fixed by public notice, and shall furnish sufficient accommoda- start at tion 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 the usual stopping-places, established for receiving and discharging way-passengers and goods from the the trains. In every train containing more than one second-class car for Smoking the transportation of passengers, there shall be one second- cars. class car, in which smoking shall be prohibited, and when a train contains only one second-class car for the transportation of passengers, a part of such car shall be divided off, in which smoking shall be prohibited. 43-44 V., c. 43, s. 25 § 2. fare or 3. Such passengers and goods shall be taken, transported Carriage on and discharged at, from and to such places, on the due payment payment of of the toll, freight or fare legally authorized therefor. 43-44., freight. c. 43, s. 25 § 3. 4. The party aggrieved by any neglect or refusal in the pre- Company mises shall have an action therefor against the company. liable for neglect or The company shall not be relieved from such action by any refusal. notice, condition or declaration, if the damage arise from any negligence or omission of the company or of its servants. 43-44 V., c. 43, s. 25 § 4. 5. Checks shall be affixed by an agent or servant to every Checks to be parcel of baggage having a handle, loop or fixture of any kind fixed on thereupon, and the duplicate of such check shall be given to the parcels. passenger delivering the same. 43-44 V., c. 43, s. 25 § 5. 6. If such check be refused on demand, the company shall Penalty for pay to such passenger the sum of eight dollars, to be recovered refusing to give checks. in a civil action. Further, no fare or toll shall be collected or received from such passenger, and, if he have paid his fare, the same shall be refunded by the conductor in charge of the train. c. 43, s. 25 § 6. 43-44 V., his own 7. Any passenger producing such check may himself be a Passenger to witness, in any suit brought by him against the company, to be witness on prove the contents and value of his baggage not delivered to behalf. him. 43-44 V., 43, s. 25 § 7. 8. The baggage, freight, merchandise or lumber cars shall Baggage cars, not to be in rear of passenger cars. Locomotives, to have bells and whistles; sounded at every crossing. not be placed in rear of the passenger cars. 43-44 V., c. 43, s. 25 § 8. 9. Every locomotive engine shall be furnished with a bell of at least thirty pounds weight, and with a steam-whistle. 43-44 V., c. 43, s. 25 § 9. To be rung or 10. The bell shall be rung, or the whistle sounded, at the distance of at least eighty rods from every place where the railway crosses any highway, and be kept ringing or be sounded at short intervals, until the engine has crossed such highway, under a penalty of eight dollars for every neglect thereof, to be paid by the company, which shall also be liable for all damages sustained by any person by reason of such neglect. Fine and damages. Against One half of such penalty and damages shall be chargeable whom charge- to and collected by the company from the engineer having charge of such engine and neglecting to sound the whistle or ring the bell as aforesaid. 43-44 V., c. 43, s. 25 § 10. able. Penalty upon 11. Any person, in charge of a locomotive engine or acting as driver or con- the conductor of a car or train of cars who is intoxicated when ductor, being intoxicated. on duty on the railway, shall be liable to a fine of not less than twenty-five or more than one hundred dollars. 43-44 V., c. 43, s. 25 § 11. Passenger, refusing to pay fare, may be put out. Passenger, if injured when on platform of cars, &c., to have no claim. As to carriage of goods of dangerous nature. Penalty for sending such without notice &c. Dangerous goods may be refused. In what man mer such 12. Any passenger refusing to pay his fare may, by the conductor of the train and the servants of the company, be put out of the train with his baggage, at any usual stopping place, the conductor using no unnecessary force and first completely stopping the train. 43-44 V., c. 43, s. 25 § 12. on 13. No person injured, while on the platform of a car or any baggage, wood or freight car, in violation of the printed regulations, posted up at the time in a conspicuous place inside of the passenger cars then forming part of the train, shall have any claim for the injury, provided, room inside of such passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time. 43-44 V., c. 43, s. 25 § 13. 14. No passengers shall be entitled to carry, or require the company to carry upon their railway, aqua-fortis, oil of vitriol, gunpowder, nitro-glycerine, or any other goods which, in the judgment of the officers of the company, may be of a dange rous nature. If any person send by the said railway any such goods, without, at the time of so sending the said goods, distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the stationmaster or other servant of the company with whom the same are left, he shall forfeit to the company the sum of five hundred dollars for every such offence. 43-44 V., c. 43, s. 25 § 14. 15. The company may refuse to take any package or parcel, which it suspects to contain goods of a dangerous nature, or may require the same to be opened to ascertain the fact. The company shall not be permitted to carry any such goods must be merchandise of a dangerous nature, otherwise than in cars specially set apart for the same and upon both sides of each of such cars the words "Dangerous Explosives" shall be painted in large letters. carried. |