Short title. Using bell and whistle, s. 38. TOLLS. Imposition and collection of, s. 44. As to working of railway, s. 47. RAILWAY CONSTABLES Appointment-Oath of office, s. 50. GENERAL PROVISIONS Carrying mails, military forces, &c., Lands, &c., vested in Crown, s. 57. LEGAL PROCEEDINGS AND PROSECUTIONS DEPARTMENTAL MATTERS When deeds, &c., binding on Dept., Claims to be verified by oath, s. 71. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Railway Commissioner's Act." INTERPRETATION. Interpretation. "Convey. ance. 2. In this Act, unless the context otherwise requires,— (a.) The expression "conveyance" includes a surrender to the Crown; and any conveyance to the Crown, or to the Railway Commissioner for Manitoba or any officer of the Department in trust for the use of the Crown, shall be held to be a surrender; (b.) The expression "Commissioner" means the Railway "Commis.. Commissioner for Manitoba; (c.) The expression "engineer" means any engineer or per- "Engineer." son permanently or temporarily employed by the Commissioner to perform such work as is ordinarily performed by a civil engineer; (d.) The expression "arbitrators" means arbitrators men- "Arbitrators. tioned in "The Manitoba Railway Act", or appointed under the provisions of this Act or of "The Manitoba Expropriation Act"; (e.) The expression "toll" includes any rate or charge or other payment payable for any passenger, animal, carriage, goods, merchandise, matter or thing conveyed on the Railway; "Toll." (f) The expression "goods" includes things of every kind "Goods. that may be conveyed on the railway or upon any other conveyances connected therewith; (g.) The expression "highway" means any public road, "Highway. street, lane or other public way or avenue of communication; (h.) The expression "railway" means the railways author- "Railway." ized to be constructed under this Act, or any one of them, or any public work, building or premises to be constructed, used or occupied in connection therewith; (i.) The expression "constable" means a railway constable "Constable. appointed under this Act or under "The Railway Act" of Canada; ment." (j) The expression "Department" means the Department "Depart of the Railway Commissioner for Manitoba; dent." (k) The expression "Superintendent" means the Superin- "Superintentendent of a railway to be constructed under this Act, of which he has, under the Commissioner, the charge and direction; "lands. (1.) The expressions "land" and "lands" respectively mean "Land,” land, messuages, tenements, hereditaments, corporeal and incorporeal of every kind and description, whatever the estate or interest therein may be, and whether legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, easements, mines, minerals and quarries, and all trees and timber thereon and thereunder lying or being or appertaining thereto, unless any such are specially excepted, and also all other things for which compensation is to be paid by Her Majesty under this Act; (m.) The expression "lease" includes any agreement for a lease; (n.) The expression "registrar" means and includes a district registrar or any registrar of deeds in this Province, and the expression "registry office" means and includes a land titles office where the property affected is subject to "The Real Property Act" or situated in a land titles district. 51 V. c. 5, s. 2; 52 V. c. 35, s 11. Department continued. ORGANIZATION AND FUNCTIONS OF DEPARTMENT. 3. There shall be a Department of the Civil Service of Manitoba, to be known as The Department of the Railway Commissioner for Manitoba, over which such member of the Executive Council of the Province of Manitoba as may be designated by the Lieutenant Governor in Council shall Railway Com- preside; and such member shall be known as the Railway Commissioner for Manitoba, in addition to any other title or appellation by which he may be known as a member of the said Executive Council; and the Commissioner shall hold office during pleasure, and shall have the management and direction of the Department. 49 V. c. 49, s. 5, part. missioner. Functions of Commission er may construct rail 4. All matters connected with railways, over which the Government of Manitoba by any Act, agreement or otherwise may have any control, shall be administered by the Depart49 V. c. 49, s. 5, part. ment. 5. The Railway Commissioner shall have power to construct and operate such railways within the Province of Manitoba as may be determined upon by the Lieutenant Lieut. Gov. in Governor in Council. 51 V. c. 5, s. 1, part; 52 V. c. 7, s. 1. ways within Province as Council may determine. Construction and manage ment. Powers of Commissioner may be properly exercised by subordinate. 6. The construction of the railways and their management shall be under the charge of the Railway Commissioner for Manitoba, except as hereinafter otherwise provided. 51 V. c. 5, s. 5. 7. Whenever the powers herein given to the Commissioner are exercised by the Superintendent or by any other person or officer, employee or servant of the Department thereunto specially authorized by the Commissioner, the same shall be presumed to be exercised by the authority of the Commissioner, unless the contrary is made to appear. 51 V. c. 5, s. 3. a pub. work. 8. The railways constructed by the Commissioner shall be Railway to be public works belonging to the Province of Manitoba, except as hereinafter provided for, and shall be of the same gauge, Gauge and and of the same standard as the Canadian Pacific Railway. 51 V. c. 5, s. 4. standard of. OFFICERS. Chief Engineer to be Order in 9. The Lieutenant Governor in Council shall appoint a Chief Engineer, to hold office during pleasure, who shall, under appointed by the instructions of the Commissioner, have general superin- Council. tendence of the works to be constructed under this Act. 51 V. c. 5, s. 6. dent and other be appointed 10. The Lieutenant Governor in Council may appoint a Superinten Superintendent, and may employ such other engineers, and officers may such surveyors and other officers, agents, servants and work- by Order in men, as may be necessary for the proper construction and operation of the railways and the performance of the powers and duties under the provisions of this Act. 51 V. c. 5, s. 7. Council. officers. 11. The Lieutenant Governor in Council shall fix the sala- Salaries to ries and compensation to be paid to the Chief Engineer, the Superintendent and all other employees and officers employed under the provisions of this Act. 51 V. c. 5, s. 22. POWERS OF COMMISSIONER. the Commissioner any ers given by to have pow 12. The Commissioner may for the purposes of construction or operation of the said railways use all or of the powers given by "The Manitoba Expropriation Act." Act. 52 V. c. 7, s. 3. Expropriation Commis 13. The Commissioner shall have full power and authority, Powers of by himself, his engineers, superintendents, agents, workmen sioner. or employees - (a.) To fell or remove any trees standing in the woods, Fell trees, &c. lands or forests where the railways are to pass, to the distance of six rods on either side thereof; (b.) To make or construct in, upon, across, under or over any land, streets, hills, valleys, roads, railways or tramroads, canals, rivers, brooks, streams, lakes or other waters, except navigable waters, such temporary or permanent inclined planes, embankments, cuttings, aqueducts, bridges, roads, sidings, ways, passages, conduits, drains, piers, arches or other works as he thinks proper; To construct certain works. |