APPLICATION OF THIS AND OTHER ACTS Application of Act, s. 4. Kailway Acts--Public Acts--Incor- POWERS OF COMPANY..... Naval or military reserve, s. 11. PLANS OF RIGHT OF WAY, &c.. Acquisition, holding of, &c., s. 16. H ER MAJESTY, by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as The Manitoba Railway Act." Short title. 44 V. c. 27, s. 1, part. INTERPRETATION. 2. In this Act, unless the context otherwise requires, Interpreta tion. Act." (a.) The expression The Special Act" means any Act "The Special authorizing the construction of a railway and with which this Act is incorporated, and includes "The Railway Companies' Incorporation Act"; (b.) The expression "prescribed," used in this Act in refer- "Prescribed. ence to any matter herein stated, refers to such matter as the same is prescribed or provided for in the Special Act; and the sentence in which such word occurs, shall be construed as if, instead of the expression "prescribed," the expression "prescribed for that purpose in the special Act" had been used'; (c.) The expression "lands" means the lands which by the "Lands.” special Act are authorized to be taken or used for the purpose thereof; ing." (d.) The expression "the undertaking" means the railway Undertakand works, of whatever description, by the special Act authorized to be executed; "Judge in (e) The expressions "Judge in Chambers" and "Judge "Judge." respectively mean a Judge of the Court of Queen's Bench Chambers." sitting in Chambers. 44 V. c. 27, s. 2; 52 V. c. 35, s. 22. this or Special Act. Expressions in 3. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such a construction, that is to say: (a.) The expression "lands" includes all real estate, messuages, lands, tenements and hereditaments of any tenure; (b.) The expression "lease" includes any agreement for a lease; (c.) The expression "toll" includes any rate or charge or other payment payable under this Act or the special Act for any passenger, animal, carriage, goods, merchandise, articles, matters or things conveyed on the railway; (d.) The expression "goods" shall include things of every kind conveyed upon the railway or upon steam or other vessels connected therewith; (e.) The expression "highways" shall mean all public roads, streets, lanes and other public ways and communications : (f) The expression "justice" shall mean justice of the peace acting for the district, riding, division, city or place where the matter requiring the cognizance of a justice arises, and who is not interested in the matter: and where the matter arises in respect of lands being the property of one and the same party, situate not wholly in any one district. riding, division, city or place, the expression "justice" shall mean a justice acting for the district, riding, division, city or place, where any part of said lands are situate, and who is not interested in such matter: (g.) The expression "owner" (where under the provisions of this Act or the special Act 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 any such owner,) shall be understood to mean any corporation or person who, under the provisions of this Act, or the special Act. or any Act incorporated therewith, would be enabled to sell and convey lands to the Company: (h.) The expression "the Company" shall mean the Company or party authorized by the special Act to construct the railway: (i.) The expression "the railway" shall mean the railway and works by the special Act authorized to be constructed: (j.) The expression clause" shall mean any separate "Clause." section of this Act or any other Act therein referred to, distinguished by a separate number; holder." (k.) The expression "shareholder" shall mean every sub- "Sharescriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the shareholder. 44 V. c. 27, s. 3; APPLICATION OF THIS AND OTHER ACTS. Act. 4. Where not otherwise expressed, this Act shall apply to Application of every railway which is subject to the legislative authority of the Legislature of this Province, or is authorized to be constructed by any special Act passed after this Act takes effect or since the twenty-fifth day of May in the year one thousand eight hundred and eighty-one, and this Act shall be incorporated with every such special Act; and all the clauses and provisions of this Act, unless they are expressly varied or excepted by any such special Act, shall apply to the undertaking authorized thereby, so far as applicable to the undertaking, and shall, as well as the clauses and provisions of every other Act incorporated with such special Act, form part of said special Act, and be construed together therewith as forming one Act. 44 V. c. 27, s. 4. Act a public Incorporation with the Special Act." 5. Every special railway Act shall be a public Act, and for Every railway the purpose of incorporating this Act or any of its provisions Act. with a special Act, it shall be sufficient in such Act to enact of this Act that the clauses of this Act, with respect to the matter so proposed to be incorporated referring to the same in the word or words at the head of and introductory to the enactment with respect to such matter, shall be incorporated with such special Act, and thereupon all clauses and provisions of this Act, with respect to the matter so incorporated, shall, save in so far as they are expressly varied or excepted by such special Act, form part thereof; and such special Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such special Act relates. 44 V. c. 27, s. 5. 6. The power given by the special Act to construct the Expropriation railway, and to take and use lands for that purpose, shall be Act. exercised subject to the provisions and restrictions contained in this Act and in "The Manitoba Expropriation Act." 44 V. c. 27, s. 6. 7. For the value of lands taken, and for all damages to Value of lands. lands injuriously affected by the construction of the railway in the exercise of the powers by this or the special Act, or any |