Application by council to in case of dis agreement. made to the Commissioner by or on behalf of the said council; of which application notice shall, before the same is so made, be given by the council to the railway company. 45 V. c. 21, s. 11. 12. In case the railway company gives notice as aforesaid, Commissioner that the proposed work, or the intended mode and manner of its construction or carrying out is objected, to, and the council and the railway company have not mutually agreed as in the last preceding section provided, the council may make application to the Commissioner of Public Works as provided in the last preceding section, and shall thereupon transmit to the Commissioner verified copies of all papers served by the council upon the railway company, or by the latter upon the council. 45 V. c. 21, s. 12. Execution of work if approved. Commissioner may require examination and report. Payment of expenses of application. Certificate of Commissioner to be final. Where work is in respect of a 13. If the Cominissioner of Public Works shall approve of and concur in the propriety of the proposed work being executed according to said plans and specifications, or according to some modification thereof, the same may be executed accordingly. 45 V. c. 21, s. 13. 14. The Commissioner of Public Works, before disposing of the matter, may, if he thinks fit, direct the inspector of railways, or some other competent person, to examine the locality and make his report in regard to any matters which the Commissioner may direct. 45 V. c. 21, s. 14. 15. All expenses of and incidental to such application to the Commissioner of Public Works, whether of the inspection, or of the parties, or otherwise, shall be paid by the municipality or the railway company, as the Commissioner may direct, and the Commissioner may assess and determine the amount to be so paid, and to whom, or may direct that the same shall be, in whole or in part, ascertained by one of the taxing officers of the Supreme Court of Judicature, subject to such directions (if any) as the Commissioner may give. 45 V. c. 21, s. 15. 16. The decision or certificate of the Commissioner of Public Works shall be final, according to the tenor and effect thereof; and it shall not be open to either or any party, after such decision or certificate is made, to raise any question as to the regularity or sufficiency of any of the prior proceedings directed by this Act or otherwise. 45 V. c. 21, s. 16. 17. Where the proposed work is in respect of a highway, highway, and and, upon being applied to as aforesaid, the Commissioner of plans, etc., are Public Works approves of plans and specifications therefor as company may aforesaid, the railway company may, within ten days of being execute work. served with notice of his decision, serve a notice upon the council that the railway company will perform the work for approved, the price named in the estimate therefor, and the railway company shall thereupon proceed with and execute the said proposed work. 45 V. c. 21, s. 17. а company may 18. Where the proposed work is in respect of a highway, Where plans and the Commissioner of Public Works upon being applied to are modified as aforesaid, modifies the plans or specifications therefor, he do work at may, with the consent of the council of the municipality, fix price fixed. price to be paid for such work, or if he does not, then the council shall cause an estimate of the cost thereof to be served upon the railway company with a notice that the council is willing to pay such estimated cost for the work, and the railway company may, within ten days of being notified of the amount so fixed, or of such last mentioned estimate of cost, serve a notice upon the council that the railway company will perform the work for the price or cost so fixed or estimated. as aforesaid (as the case may be) and the railway company shall thereupon proceed with and execute the work. 45 V. c. 21, s. 18. reasonable proceed with obtain a man 19. Where any railway company elects as aforesaid to If company proceed with the execution of any work under the provisions does not use of this Act, and does not proceed therewith with reasonable diligence diligence, the council of the municipality may take the same council may out of the hands of the railway company and itself do what work, or may is necessary to perform or complete the required work, or may datams to comapply for a mandamus to compel the railway company to pro- pel company ceed therewith and complete the same; and when the railway to proceed. company does not elect in manner hereinbefore provided to do the work, the council of the municipality may proceed with the work and execute the same. 45 V. c. 21, s. 19. for lands taken affected. 20. Where, in the exercise of the powers by this Act con- Compensation ferred, the lands of any railway company are either entered to company upon, taken or used by any council, or are injuriously affected, or injuriously the council shall make to the railway company due compensation for any damages (including cost of fencing when required) necessarily resulting from such exercise of such powers, beyond any advantage which the railway company may derive therefrom; provided always, that where the damages result from the exercise of any power by this Act conferred in respect of a highway, the compensation shall not exceed one-half the value of the lands taken or affected under or by the exercise of the power; and that where the damages result from the exercise of any such power in respect of a publie drain, the compensation shall only be required to be so made where the drain is not a covered drain carried under the railway and below the level thereof to at least a depth of five feet, and the compensation to be made in such case shall not exceed the value of the lands taken or affected under or by the exercise of any such power. 45 V. c. 21, s. 20. Compensation to be determined by arbitration in case of dis 21. The council and the railway company may mutually agree upon the amount of compensation to be made as aforesaid; but in case the amount of the compensation be not so mutually agreed upon, then the same shall be determined by Rev. Stat. c. arbitration, under the provisions of The Municipal Act. 45 V. c. 21, s. 21. agreement. 184. 22. If the railway company claims that the proposed work will injure the railway company beyond the amount of the compensation so to be made as aforesaid, the railway company shall, in the notice given under section 12 of this Act, state its claim, or if the railway company does not object to the work. but claims that injury will be done it as aforesaid, the railway company shall give, in like manner, a notice of such claim: and in case the Commissioner of Public Works shall be of opinion that the railway company is entitled to additional compensation in that behalf, he may direct that the same shall be determined by arbitration under The Municipal Act; and the amount of such additional compensation (if any), when so determined, shall be paid by the municipality to the railway company. 45 V. c. 21, s. 22. 23. No council shall finally pass any such by-law unless, and until, and only so far as the work to be carried out thereunder has not been objected to by the railway company within the time fixed therefor by sections 9 and 12 of this Act, or being so objected to, has either been approved of and concurred in by the Commissioner of Public Works, or has been mutually agreed upon between the council and the railway company under the provisions of this Act. 45 V. c. 21, s. 23. 24. All street crossings constructed under this Act shall thereafter be kept in proper repair by the railway company. and all drains constructed and water pipes laid down under this Act shall thereafter be kept in proper repair and condition by the municipality, or in case of default then by the railway company, and the railway company shall have the right to recover from the municipality the cost of all reasonable and necessary repairs made by the railway company as aforesaid. 45 V. c. 21, s. 24. 25. Where such highway crosses or is intended to cross the railway of a railway company, without being carried over by a bridge or under by a tunnel, it shall be the exclusive duty of the council having jurisdiction over the same, to at all times establish, keep and maintain such street and highway so that the level of the same, where it approaches and adjoins the railway, shall, for a safe and reasonable distance, not rise above or sink below the railway more than one inch; and, subject to the provisions of the preceding section, it shall be the exclusive duty of the company so to keep and maintain that part of its railway so crossed by said street or highway, that it shall not rise above or sink more than one inch. belove the said level of the said highway cessary dam 26. No council in the carrying out of any work by this Council not to Act authorized shall commit any unnecessary damage or in- do any unnejury to or upon the railway or lands of any railway company, age to railway. or unnecessarily or unreasonably impede or interfere with the traffic on or over such railway. 45 V. c. 21, s. 26. this Act to be 27. Whenever and so long as any highway is established Highways opand opened for public use under the provisions of this Act, it ened under shall be subject to the provisions of The Railway Act of On- subject to tario, except in so far as may be otherwise provided by this Rev. Stat. Act. 45 V. c. 21, s. 27. c. 170. ed more than 28. Subject to and except so far as may be necessary to Rights of railcarry out the provisions of this Act, and to allow of the full way not affectand free exercise of the powers hereby conferred, the rights of necessary. any railway company in the soil of any lands entered upon, taken or used under the powers contained in this Act shall not be disturbed or affected. 45 V. c. 21, s. 28. to Commis 29. Any commissioners authorized to construct any water- Act to apply works may, in respect of such water-works, exercise and have sioners for conall the power, liberties and privileges by this Act given to or struction of conferred upon any council in respect of the laying down of water-works. any water pipe as aforesaid, but always subject to and under and with the terms, restrictions, conditions, liabilities, duties, and obligations in that behalf imposed by this Act upon such council. 45 V. c. 21, s. 29. to this Act. 30. Where by any private or special Act heretofore passed, Powers as to power is given to any council or municipal corporation, or to water-works in special Acts any water-works commissioners to carry water pipes belong- to be subject ing to or forming part of any water-works, in, upon, over, under, through or along the lands or railway of any railway company, such power shall only be hereafter exercised subject to the terms, restrictions and conditions in this Act contained. 45 V. c. 21, s. 30. notice how 31. Service of any notice or paper required to be given or Service of served, either by this Act or with respect to any arbitration as made. aforesaid under The Municipal Act, or of any proceedings Rev. Stat. therein or thereunder, may be made as follows: 1. In the case of a company, either by delivering the notice or paper to the president, vice-president, managing director, general manager, secretary or superintendent of the company, or by mailing the same, prepaid and registered, aldressed to any such officer at the principal office or station of the company in Ontario; 2. In the case of a lessee of, or a contractor, working or operating a railway, either by delivering the notice or paper c. 184. Provisions of Rev. Stat. c. powers of to the lessee or contractor, or by mailing the same, prepaid and registered, addressed to him at the principal office or station on said railway within Ontario ; 3. In the case of a council, either by delivering the notice or paper to the head or clerk of the council, or by mailing the same, prepaid and registered, addressed to the said clerk at his proper post-office address; 4. In the case of commissioners, either by delivering the notice or paper to the chairman or secretary of the commissioners, or by mailing the same, prepaid and registered, addressed to said chairman or secretary, at his proper postoffice address. 45 V. c. 21, s. 31. 32. Where not inconsistent with this Act, all the provisions 184 relating to of The Municipal Act relating to the powers, liabilities and duties of a council as to public highways, shall apply to any highway established or opened, or intended to be established or opened, under the powers conferred by this Act. 45 V. c. 21, 8. 32. council as to highways to apply. CHAPTER 200. An Act to authorize and regulate the Use of Traction TRACTION ENGINES MAY BE USED ON | BRIDGES ON NON-TOLL ROADS TO BE HIGHWAYS, S. 1. CONDITIONS: Weight of engine, s. 2. Speed, s. 3. Width of wheels, s. 4. Meeting and passing, ss. 5, 6. In cities and towns, s. 8. STRENGTHENED, s. 10. PROVISIONS AS TO TOLL ROADS : Notice to gate-keepers, s. 11. Tolls, ss. 14, 15. RECOVERY OF DAMAGES, s. 20. Traction en HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. It shall be lawful for any person to employ traction gines on high- engines for the conveyance of freight and passengers, or both. over any public highway in this Province, subject to the provisions hereinafter contained. R. S. O. 1877, c. 186, s. 1. ways. |