any contravention; but, in either case, the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction.

to rise more

Secondly. No part of the Railway which shall cross any Railway not Highway without being carried over by a Bridge, or under than one by a Tunnel, shall rise above or sink below the level of the inch above Highway more than one inch; and the Rail-way may be ways when carried across or above any Highway within the limits afore- crossing the said.

level of high

same.

breadth of bridge over

Thirdly. The space of the arch of any Bridge erected Height and for carrying [the Railway over or across any Highway shall at all times be, and be continued of the open and clear highways. breadth and space, under such arch, of not less than twenty feet, and of a height from the surface of such Highway to the centre of such arch of not less than twelve feet; and the descent under any such Bridge shall not exceed one foot in twenty feet.

Fourthly. The ascent of all Bridges erected to carry any Ascent of Highway over any Railway shall not be more than one bridges. foot in twenty feet increase over the natural ascent of the Highway; and a good and sufficient fence shall be made on each side of every Bridge, which fence shall not be less than four feet above the surface of the Bridge.

when Rail

Fifthly. Signboards stretching across the Highway crossed Precautions at a level by any Railway, shall be erected and kept up at way crosses each crossing at such height as to leave sixteen feet from the a highway. Highway to the lower edge of the signboard, and having the words "Railway Crossing" painted on each side of signboard, and in letters not less than six inches in length; and for every neglect to comply with the requirements of this section, a penalty not exceeding Ten Pounds currency shall be incurred.

FENCES.

XIII. And be it enacted, That—

erected

on

Firstly. Fences shall be erected and maintained on each Fences to be side of the Rail-way, of the height and strength of an each side of ordinary division fence, with openings or gates, or bars Railway. therein and farm crossings of the Road, for the use of the proprietors of the lands adjoining the Railway; and also cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the Railway;

Dividing and separating

Railway

and until such fences and cattle guards shall be duly made, the Company shall be liable for all damages which shall be done by their trains or engines to cattle, horses, or other animals on the Railway; and after the fences or guards shall be duly made, and while they are duly maintained, no such liability shall accrue for any such damages unless negligently or wilfully done; and if any person shall ride, lead or drive any horse or other animal upon such Railway, and within the fences and guards, other than the farm crossings, without the consent of the Company, he shall for every such offence forfeit a sum not exceeding Ten Pounds, and shall also pay all damages which shall be sustained thereby to the party aggrieved; and no person other than those connected with, or employed by the Railway, shall walk along the track thereof, except where the same shall be laid across or along a Highway.

Secondly. Within six months after any lands shall be taken of lands for for the use of the Railway, and if thereunto required by the from neigh- proprietors of the adjoining lands respectively, but not other. bouring wise, the lands shall be, by the Company, divided and sepa

lands.

Tolls to be fixed by Bylaws.

rated and kept constantly divided and separated from the lands or grounds adjoining thereto, with a sufficient post or rail, hedge, ditch, bank or other fence sufficient to keep off hogs, sheep and cattle, to be set and made on the lands so taken, and which the Company shall, at their own costs and charges, from time to time, maintain, support, and keep in sufficient repair.

TOLLS.

XIV. And be it enacted, That Tolls shall be established as follows:

Firstly. Tolls shall be, from time to time, fixed and regulated by the By laws of the Company, or by the Directors if thereunto authorized by the By-laws, or by the Shareholders at any general meeting, and shall and may be demanded and received for all passengers and goods transported upon the Railway or in the Steam Vessels to the undertaking belonging, and which shall be paid to such persons and at such places near to the Railway, in such manner and under such regulations as the By-laws shall direct; and in case of denial or neglect of payment of any such Tolls, or any part thereof, on demand, to such persons, the same may be sued for and recovered in any competent Court,

or the agents or servants of the Company may, and they are hereby empowered to seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime the said goods shall be at the risk of the owners thereof; and if the said tolls shall not be paid within six weeks, the Company shall thereafter have power to sell the whole or any part of such goods, and out of the money arising from such sales to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale; rendering the surplus, if any, of the money realized from such sale, or of such of the goods as may remain unsold, to the person entitled thereto; and if any goods shall remain in the possession of the Company unclaimed for the space of twelve months, the Company shall thereafter, and on giving public notice thereof by advertisement for six weeks in the Canada Gazette, and in such other papers as they may deem necessary, have power to sell such goods by public auction at a time and place to be mentioned in such advertisement, and out of the proceeds thereof to pay such tolls and all reasonable charges for storing, advertising and selling such goods; and any balance of such proceeds shall be kept by the Company for a further period of three months, to be paid over to any party entitled thereto; and in default of such balance being claimed before the expiration of the period last aforesaid, the same shall be paid over to the Receiver General, to be applied to the General purposes of the Province, until such time as the same shall be claimed by the party entitled thereto; and all or any of the said tolls may, by any By-law, be lowered and reduced, and again raised as often as it shall be deemed necessary for the interests of the undertaking: Provided that the same tolls Proviso. shall be payable at the same time and under the same circumstances upon all goods and persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any By-laws relating to the tolls.

A fraction of

considered

as a whole

Secondly. In all cases, a fraction in the distance over which goods or passengers shall be transported on the Rail-way a mile to be shall be considered as a whole mile; and for a fraction of a ton in the weight of any goods, a proportion of the toll shall one in chargbe demanded and taken, according to the number of quarters of a ton contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton.

ing tolls.

Table of tolls

to be stuck

&c.

Thirdly. The Directors shall, from time to time, print up in cars, and stick up, or cause to be printed and stuck up, in the office, and in all and every of the places where the tolls are to be collected, and in every passenger car, in some conspicuous place there, a printed board or paper exhibiting all the tolls payable, and particularising the price or sum of money to be charged or taken for the carriage of any matter or thing.

Sharehold

general meetings.

Fourthly. No tolls shall be levied or taken until approved of by the Governor in Council, nor until after two weekly publications in the Canada Gazette of the By-law establishing such tolls, and of the Order in Council approving thereof.

Fifthly. Every By-law fixing and regulating tolls shall be subject to revision by the Governor in Council from time to time, after approval thereof as aforesaid; and after an Order in Council, reducing the tolls fixed and regulated by any Bylaw, shall have been twice published in the Canada Gazette, the tolls mentioned in such Order in Council, shall be substituted for those mentioned in such By-law so long as such Order in Council remains unrevoked.

GENERAL MEETINGS.

XV. And be it enacted, That the Shareholders shall ers may hold always have power to assemble together at general meetings for the purposes connected with or belonging to the undertaking, and at any annual general meeting, and elect Directors in the manner provided by the next succeeding clause.

Board of Directors.

DIRECTORS-THEIR ELECTION AND DUTIES.

XVI. And be it enacted, That

Firstly. A Board of Directors of the undertaking to manage its affairs, the number whereof shall be stated in the Special Act, shall be chosen annually by a majority of the Shareholders voting at such election, at a general meeting, the time and place for which shall be appointed by the Special Act. and if such election shall not be held on the day so appointed, it shall be the duty of the Directors to notify and cause such election to be held within thirty days after the day so appointed; and on the day so notified, no person shall be admitted to vote except those who would have been entitled to vote had the election been held on the day when it ought

to have been held; and vacancies in the Board of Directors shall be filled in such manner as may be prescribed by the By-laws; and no person shall be a Director unless he be a Stockholder, owning stock absolutely in his own right and qualified to vote for Directors, at the election at which he shall be chosen.

Secondly. The method of calling general meetings, and Calling of special meet the time and place of the first meeting of Stockholders for ings, &c. the appointment of Directors, shall be determined and settled in the Special Act.

to shares.

Thirdly. The number of votes to which each Shareholder Votes to be shall be entitled on every occasion when the votes of the in proporti'n members are to be given, shall be in the proportion to the number of shares held by him, unless otherwise provided by the Special Act; and all Shareholders, whether resident in this Province or elsewhere, may vote by proxy, if they shall see fit: Provided that such proxy do produce from his constituent an appointment in writing, in the words or to the effect following, that is to say:

one of the Shareholders, of the do hereby appoint

66

66

66

66

of

to be my proxy, and in my absence to "vote or give my assent to any business, matter or thing "relative to the said undertaking, that shall be mentioned or proposed at any meeting of the Shareholders of the "said Company, or any of them, in such manner as he, the "said shall think proper. In witness whereof, I have hereunto set my hand and seal, the

66

day

proxy.

year Fourthly. The votes by proxy shall be as valid as if the Votes by principals had voted in person; and every matter or thing proposed or considered in any public meeting of the Shareholders shall be determined by the majority of votes and proxies then present and given as aforesaid, and all decisions and acts of any such majority shall bind the Company, and be deemed the decisions and acts of the Company.

fice of Direc

tors.

Fifthly. The Directors first appointed, or those appointed Terms of ofin their stead, in case of vacancy, shall remain in office until the next annual election of Directors at the time appointed therefor, at which time an annual general meeting of the Shareholders shall be held to choose Directors for the ensuing year, and generally to transact the business, of the Com