(r.) The expression "Special Act" means any Act under which the company has authority to construct or operate a railway, or which is enacted with special reference to such railway, and includes all such Acts; and where such authority is derived from any letters patent granted under any Act, such letters patent shall be deemed to form part of such Act;

(x.) The expression "toll" or rate means and includes any toll, rate or charge made for the carriage of any traffic, or for the collection, loading, unloading or delivery of goods, or for warehousing or wharfage, or other services incidental to the business of a carrier;

(y.) The verb "charge," when used with respect to tolls, means and includes to quote, charge, demand, levy, take or receive;

(z.) The expression "traffic" means and includes passengers, goods and rolling stock;

(aa.) The expression "train" includes any engine, locomotive or other rolling stock;

(bb.) The expression the undertaking ineans the railway and works, of whatsoever description, which the company has authority to construct or operate;

(cc.) The expression "working expenditure" means and includes all expenses of maintenance of the railway, and all such tolls, rents or annual sums as are paid in respect of property leased to or held by the company, apart from the rent of any leased line, or in respect of the hire of rolling stock let to the company; also all rent charges or interest on the purchase money of lands belonging to the company, purchased but not paid for, or not fully paid for; and also all expenses of or incidental to working the railway, and the traffic thereon, including all necessary repairs and supplies to rolling stock while on the lines of another company; also rates, taxes, insurance and compensation for accidents or losses; also, all salaries and wages of persons employed in and about the working of the railway and traffic; and all office and management expenses, including directors' fees, agency, legal and other like expenses; also all costs and expenses of and incidental to the compliance by the company with any order of the Board under this Act; and generally all such charges, if any, not above otherwise specified, as in all cases of English railway companies are usually carried to the debit of revenue as distinguished from capital account;

When lands not situate

district.

(dd.) When any matter arises in respect of any lands which are not situated wholly in any one district, county, wholly in one riding, division, city or place, and which are the property of one and the same person, the expressions "clerk of the peace," "justice," and "sheriff" respectively mean any clerk of the peace, justice or sheriff for any district, county, riding, division, city or place within which any portion of such lands is situated; and the expressions

Provisions to apply to this section.

Application

of Act.

Any section may be excepted by Special Act.

Or may be extended, limited or qualified.

Special Act.

tions, etc., previous to this Act.

"clerk of the peace" and "sheriff" respectively include the like persons as in other cases. 51 V., c. 29, s. 2, Am. 2. The provisions of this section shall apply to the construction thereof and to the words and expressions used therein.

III. APPLICATION OF ACT.

3. This Act shall apply to all persons, companies and railways (other than Government railways) within the legislative authority of the Parliament of Canada, and shall be incorporated and construed, as one Act, with the Special Act, subject as herein provided. 51 V., c. 29, s. 3, Am.

4. Any section of this Act may, by any Special Act passed by the Parliament of Canada, be excepted from incorporation therewith, or may thereby be extended, limited or qualified. It shall be sufficient, for the purposes of this section, to refer to any section of this Act by its number merely.

5. If in any Special Act heretofore passed by the Parliament of Canada it is enacted that any provision of the General Railway Act in force at the time of the passing of such Special Act, is excepted from incorporation therewith, or if the application of any such provision is, by As to excep- such Special Act, extended, limited or qualified, the corresponding provision of this Act shall be taken to be excepted, extended, limited or qualified, in like manner; and, unless otherwise expressly provided in this Act, where the provisions of this Act and of any Special Act passed by the Parliament of Canada relate to the same subject-matter, the provisions of the Special Act shall be taken to over-ride the provisions of this Act in so far as is necessary to give effect to such Special Act. 51 V., c. 29, ss. 5 and 6, Am.

Conflict

between this Act and

Where railway declared to be work for general advantage of Canada.

6. Where any railway, the construction or operation of which is authorized by a Special Act passed by the Legislature of any province, is declared, by any Special Act of the Parliament of Canada, to be a work for the general advantage of Canada, this Act shall apply to such railway, and to the company constructing or operating the same, to the exclusion of such of the provisions of the Special Act of the Provincial Legislature as are inconsistent with this Act, and in lieu of any General Railway Act of the province.

7. Every railway, steam or electric street railway or tramway, the construction or operation of which is authorized by a Special Act passed by the Legislature of any province, now or hereafter connecting with or crossing a railway which, at the time of such connection or crossing, is subject to the legislative authority of the Parliainent of Canada, is hereby declared to be a work for the general advantage of Canada in respect only to such connection or crossing or to through traffic thereon or any

thing appertaining thereto, and also to the provisions set forth in this Act relating to offences and penalties, navigable waters and criminal matters, and this Act shall apply to that extent only.

2. This section shall not, however, operate as regards through traffic on railways owned by any Provincial Government, without the consent of such government.

IV. COMMISSION.

Name, Constitution, Duties, etc.

constitution.

Court of Record.

Term of

Removal.

8. The Railway Committee of the Privy Council is Name and hereby abolished and, in lieu thereof, there shall be a Commission, to be known as the "Board of Railway Commissioners for Canada," consisting of three members who shall be appointed by the Governor in Council, at any time after the passing of this Act, and from time to time as vacancies occur. Such Commission shall be a Court of Record, and have an official seal which shall be judicially noticed. Each Commissioner shall hold office during good behaviour for a period of ten years from the office. date of his appointment, but may be removed at any time by the Governor in Council for cause; and shall cease to hold office upon reaching the age of seventy-five years. Each Commissioner on the expiration of his term of office shall be eligible for reappointment. One of such Commissioners shall be appointed, by the Governor in Council, Deputy. Chief Commissioner of the Board, and shall be entitled to hold the office of Chief Commissioner so long as he continues a member of the Board; and another of the Commissioners shall be appointed by the Governor in Council, Deputy Chief Commissioner of the Board. Sub. for 51 V., c. 29, s. 8.

Age limit.

Chief Commissioner and

Board invested with

duties of

2. Whenever by an Act or document the Railway Committee of the Privy Council is given any power or au- powers and thority, or any duty is cast upon it, in regard to any com- Railway Company, railway, matter or thing, the power or authority so mittee of P. C. given, or the duty so cast upon the said Committee, may or shall, as the case may be, be exercised by the Board.

9. In case of the absence of the Chief Commissioner, or Power of of his inability to act, the Deputy Chief Commissioner Commissioner. Deputy Chief shall exercise the powers of the Chief Commissioner in his stead; and in such case all regulations, orders and other documents signed by the Deputy Chief Commissioner shall have the like force and effect as if signed by the Chief Commissioner. Whenever the Deputy Chief Commissioner appears to have acted for and instead of the Chief Commissioner, it shall be conclusively presumed that he so acted in the absence or disability of the Chief Commissioner within the meaning of this section.

Not less than two to

10. Not less than two Commissioners shall attend at the hearing of every case, and the Chief Commissioner, act.

when present, shall preside, and his opinion upon any question, which in the opinion of the Commissioners is a Exception. question of law, shall prevail. In any case where there is no opposing party, and no notice to be given to any interested party, any one Commissioner may act alone for the Board.

Interest, kindred or affinity not a disqualification.

Appoint

ments pro hac vice.

Commission

ers not to

stock, etc.

11. No Commissioner shall be disqualified to act, by reason of interest, or of kindred or affinity to any person interested in any matter before the Board; but whenever any Commissioner is interested or of kin or affinity to any such person, the Governor in Council may either upon the application of such Commissioner or otherwise, appoint some disinterested person to act as Commissioner pro hac vice. The Governor in Council may also appoint a Commissioner pro hac vice in the case of sickness, absence or inability to act, of any Commissioner.

2. No Commissioner shall, directly or indirectly, hold, hold railway purchase, take or become interested in, for his own behalf, any stock, share, bond, debenture or other security, of any railway company subject to this Act, nor shall, directly or indirectly, have any interest in any device, appliance, machine, patented process or article, or any part thereof, which may be required or used as a part of the equipment of railways, or of any rolling stock to be used thereon; and, if any such stock, share, bond or other security, device, appliance, machine, patented process or article, or any part thereof, or any interest therein, shall come to or vest in any such Commissioner by will or succession, for his own benefit, he shall, within three calendar months after the same shall so come to or vest in him, absolutely sell and dispose of the same, or his interest therein.

Residence.

Duty of Board.

Offices at Ottawa.

Board outside of Ottawa.

12. Each Commissioner shall during his term of office reside at Ottawa, in Canada, or within five miles thereof, or within such distance thereof as the Governor in Council at any time determines.

13. The Commissioners shall devote the whole of their time to the performance of their duties under this Act, and shall not accept or hold any office or employment inconsistent with this section.

14. The Governor in Council, upon the recommendation of the Minister, shall provide, within the city of Ottawa, a suitable place in which the sessions of the Board may. be held, and also suitable offices for the Commissioners, Secretary, staff, and other employees, and all necessary furnishings, stationery and equipment for the establishment, conduct and maintenance of the same, and for the performance of the duties of the Board.

Sessions of 15. Whenever circumstances render it expedient to hold sessions without the city of Ottawa, the Board may hold the same in any part of Canada.

Sittings, how conducted.

16. The Commissioners shall sit at such times and conduct their proceedings in such manner as may seem to

them most convenient for the speedy despatch of business; they may, subject as in this Act mentioned, sit either together or separately, and either in private or in open court, but any complaint made to them shall, on the application of any party to the complaint, be heard and determined in open court. Any two members of the Board shall constitute a quorum. No vacancy in their body shall impair the right of the remaining Commissioners

to act.

17. There shall be a Secretary of the Board, who shall be appointed by the Governor in Council, shall hold office during pleasure, and shall reside in the city of Ottawa. It shall be the duty of the Secretary to attend all sessions of the Board, to keep a record of all proceedings conducted before the Board or any Commissioner under this Act, to have the custody and care of all records and documents belonging or appertaining thereto, or filed in his office, and to obey all rules and directions which may be made or given by the Board touching his duties or the governance of his office. Sub. for 51 V., c. 29, s. 9.

Secretary.

Duties of Secretary.

and orders of

18. It shall be the duty of the Secretary to have every Regulations regulation and order made by the Board, drawn pursuant the Board. to the direction of the Board, signed by the Chief Commissioner, sealed with the official seal of the Board, and filed in the office of the Secretary.

2. The Secretary shall keep in his office suitable books. of record, in which he shall enter a true copy of every such regulation and order and every other document which the Board may require to be entered therein, and such entry shall constitute and be, and in all courts be deemed and taken to be, the original record of any such regulation or order.

Record

books.

Evidence.

copies of

3. Upon application of any person, and on payment of Certified such fees as the Board may prescribe, the Secretary shall regulations or deliver to such applicant a certified copy of any such orders. regulation or order.

19. In the absence of the Secretary from sickness or any other cause, the Board may appoint from its staff an Acting Secretary, who shall thereupon act in the place of the Secretary, and exercise his powers.

Acting Secretary.

20. The Chief Commissioner shall be paid an annual Salaries. salary of ten thousand dollars, and the other two Commissioners shall be paid each the annual salary of eight thousand dollars. The Secretary shall receive a salary to be fixed by the Governor in Council, not more than four thousand dollars, annually. Such salaries shall be paid monthly out of the unappropriated funds in the hands of the Receiver General for Canada.

21. The Governor in Council may from time to time, Experts. or as the occasion requires, appoint one or more experts, or persons having technical or special knowledge of the matters in question, to assist in an advisory capacity in respect of any matter before the Board,

8. Dor, 248, 5 -1—vol 5—2