VII. CONSTRUCTION OF RAILWAY-Continued. Sale and conveyance, 144 to 151. Proceedings for expropriation, 152 to 158. Railway crossings and junctions, 177, 178. Fences, gates and cattle-guards, 199 to 201. Bridges, tunnels and other structures, 202, 203. Equipment, apparatus and appliances, 211 to 213. Accommodation and running of trains, 214 to 231. XI. TOLLS-Continued. Tariffs Through traffic In Canada, 266, 267. Through, into and from foreign countries, 268 to 270. General provisions respecting through traffic, 271 to 273. Publication of tariffs, 274. General provisions respecting carriage, 275. Traffic by water, 276. Traffic over or through certain railway bridges or tunnels, 277. Express companies, 278. Penalties and actions, 279. Collection of tolls, 280. XII. AMALGAMATION AND TRAFFIC AGREEMENTS, 281 to 284. XIII. INSOLVENCY, 285 to 289. XIV. OFFENCES AND PENALTIES, 290 to 301. XV. STATISTICS AND RETURNS, 302 to 309. XVL REPEAL OF ACTS AND COMING INTO FORCE OF THIS ACT, 310, 311. 3 EDWARD VIL CHAP. 58. AN ACT TO AMEND AND CONSOLIDATE THE LAW [Assented to 24th October, 1903.] His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: I. SHORT TITLE. 1. This Act may be cited as The Railway Act, 1903. II. INTERPRETATION. Short title. tion. 2. In this Act, and in the Special Act incorporating Interpretaany railway company to which this Act, or any part thereof, applies, unless the context otherwise requires,(a.) The expression "Board" means the "Board of Railway Commissioners for Canada " ; (b.) The expression "by-law," when referring to the act of the company, includes a resolution; (c.) The expression "company" means a railway company, and includes any person having authority to construct or operate a railway; (d.) The expression "costs" includes fees, counsel fees, and expenses; " (e.) The expression "county includes any county, union of counties, riding, or like division to that of a county in any province, or in the province of Quebec, any division thereof into separate municipalities; means a superior court (f.) The expression "county of the province or district; (9.) The expression Exchequer Court" Exchequer Court of Canada. 6. means the (h.) The expression "goods" includes personal property of every description that may be conveyed upon the railway, or upon steam vessels, or other vessels connected with the railway; (i) The expression "highway" includes any public road, street, lane or other public way or communication; (.) The expression "inspecting engineer" means an engineer who is directed by the Board, or by the Minister, Board." 46 By-law." "Company." "Judge." "Justice." "Lands." "Lease." "Minister." "Owner." "Plan." "Provincial legislature." "Railway." "Rolling stock." "Secretary." "Sheriff." to examine any railway or works, and includes two or more engineers when two or more are so directed: (k.) The expression "judge " means a judge of a superior court; (1.) The expression "justice" means a justice of the peace acting for the district, county, riding, division, city or place where the matter requiring the cognizance of a justice arises, and who is not interested in the matter; and when any matter is authorized or required to be done by two justices, the expression "two justices" shall be understood to mean two justices assembled and acting together: (m.) The expression "lands" means the lands, the acquiring, taking or using of which is incident to the exercise of, the powers given by this or the Special Act, and includes real property, messuages, lands, tenements and hereditaments of any tenure; แ (n.) The expression "lease" includes an agreement for a lease; (0.) The expression "Minister" means the Minister of Railways and Canals; (p.) The expression "owner," when, under the provisions of this Act or the special Act, any notice is required to be given to the owner of any lands, or when any act is authorized or required to be done with the consent of the owner, means any 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; (7.) The expression "plan" means a ground plan of the lands and property taken or intended to be taken; (r.) The expression "legislature of any province or provincial legislature" means and includes any legis lative body other than the Parliament of Canada; (8.) The expression "railway" means any railway which the company has authority to construct or operate, and includes all branches, sidings, stations, depots, wharfs, rolling stock, equipment, stores, property real or personal and works connected therewith, and also any railway bridge, tunnel, or other structure which the company is authorized to construct; (t.) The expression "rolling stock" means and includes any locomotive, engine, motor car, tender, snow plough, flanger, and every description of car or of railway equipment designed for movement, on its wheels, over or upon the rails or tracks of the company; (.) The expression "Secretary" means the Secretary of the Board; (v.) The expression "sheriff" means the sheriff of the district, county, riding, division, city or place within which are situated any lands in relation to which any matter is required to be done by a sheriff, and includes an under sheriff or other lawful deputy of the sheriff; |