CHAPTER 73. An Act to amend "The Manitoba Railway Act." [Assented to March 16th, 1906.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Section 15 of chapter 145 of the Revised Statutes of Manitoba, 1902, being "The Manitoba Railway Act," is hereby repealed and the following substituted therefor: profile to be the filed with Railway Comthe missioner. must show. 15. The company shall prepare and file with the Railway Location map Commissioner of Manitoba a map, showing the general loca- and plan and tion, and also a plan and profile, in duplicate, of proposed line of railway. The plan shall show right-of-way, with length of sections in miles, the names of What they terminal points, the station grounds, the area and length and width of lands proposed to be taken, in figures, and the bearings, also all open drains, watercourses, highways and railways proposed to be crossed or affected. The profile shall show the grades, curves, highway and railway crossings, open drains and watercourses. proved by (a) The said plan and profile of railway as aforesaid Must be apshall require the approval of the said Railway Commissioner. Railway Com missioner. missioner may changes in Titles Office or (b) Before approving such plan and profile the said Railway ComRailway Commissioner may make such changes and altera- require tions in the general location of the proposed line of railway, location. subject to the special Act, as he may deem expedient, and upon being satisfied therewith or after making such changes, he When finally shall signify his approval upon the said plan and profile, and copy to be duplicates thereof, or upon the same as so changed, and when led in Land so approved one copy shall remain filed in his office, and the Registry duplicate thereof shall be filed by the company with the district registrar of each land titles district or the registrar of any registration division through or in which the line of railway is intended to be built, together with a statement showing the area taken from each quarter section, parish lot or other parcel of land. Office. location must No change or alteration from the general location Changes in of the line, as approved of by the said Railway Commis- first be sioner, shall be allowed, unless such change or alteration has approved by been first approved by the said Railway Commissioner. Commissioner. the Railway Plans and profiles not to until approved. (d) No district registrar or registrar shall receive for be registered filing, or shall file, any such plan or profile, or any alteration thereof, unless and until the same shall have been approved of by the said Railway Commissioner, under the provisions of this section. After publica tion of notice of registra tion, company to acquire by purchase or (e) After the expiration of ten days from the deposit of the plan and profile, as aforesaid, in any land titles may take steps office or registry office, and after notice thereof has been right-of-way given in at least one newspaper (if there is any) published expropriation. or circulated in such district, application may be made to the owners of land, or to parties empowered to convey lands, or interested in lands situated within any such district, which which may suffer damage from the taking of materials or the exercise of any of the powers granted to the railway; and thereupon agreements and contracts may be made with such parties touching the said lands or the compensation to be paid for the same, or for the damages, or as to the mode in which such compensation shall be ascertained, as may seem expedient to both parties; and, in case of disagreement between them or any of them, then all questions which arise between them shall be settled as in "The Manitoba Expropriation Act" mentioned. Certified copy of plans and deposited with (f) The company shall also, within one month after such profiles to be deposit with any district registrar or registrar, cause to be Railway Com- deposited with the Board of Railway Commissioners for missioners for Canada a copy of every such plan and profile so deposited with the district registrar or registrar, duly certified as a copy by such district registrar or registrar or his deputy. Canada. Plans and profiles of com or part thereof to be filed Commissioner and also reg: (g) A plan and profile of the completed railway or of pleted railway so much thereof as is completed and in operation, and of the land taken for the use thereof, shall within six months With away after such completion, or within such extended or renewed period as the Railway Commissioner may at any time direct, be made and filed with the said Railway Commissioner; and plans of such parts thereof as are situated within the respective land titles or registration districts shall be filed in the land titles office or registry office for such respective districts. istered within six months. Repeal of s. 21. Expropriation of lands. 2. Section 21 of said Act is hereby repealed. 3. Section 22 of said Act is hereby repealed and the following substituted therefor:— 22. (1) The company may take lands compulsorily without the consent of the owner, to the extent and subject to the provisions hereinafter set forth : way only 100 cases, and for &c. not more wide by one (2) The lands which may be taken without the consent For right-ofof the owner shall, for the right-of-way, not exceed one feet wide ex hundred feet in breadth, except in places where the rail level cept in certain is, or is proposed to be, more than five feet above or below the station yards, surface of the adjacent lands, when such additional width than 500 feet may be taken as shall suffice to accommodate the slope and mile in length. side ditches; and for stations, depots and yards, with the freight sheds, warehouses, wharves, elevators and other structures for the accommodation of traffic incidental thereto, shall not exceed one mile in length by five hundred feet in breadth, including the width of the right-of-way. required, ap (3) Should the company require, at any point on the If more land railway, more ample space than it then possesses or may plication must take under the preceding sub-section, for the convenient the Railway accommodation of the public, or the traffic on its railway, Commissionor for protection against snowdrifts, it may apply to the Railway Commissioner for Manitoba for authority to take the same for such purposes, without the consent of the owner. er, the parties (4) The company shall give ten days' notice of such after notice to application to the owner or possessor of such lands, and interested. shall furnish copies of such notices, with affidavits of the service thereof, to the said Railway Commissioner upon such application. quired in sup (5) The company, upon such application, shall also Material refurnish to the said Railway Commissioner, in duplicate, port of applic (a) a plan of the portion of the railway affected showing ation. the additional lands required; (b) an application, in writing, for authority to take such lands, signed and sworn to by any of the executive officers of the company referring to the said plan, specifying definitely and in detail the purposes for which each portion of the lands is required, and the necessity for the same, and showing that no other land suitable for such purposes can be acquired at such place on reasonable terms and with less injury to private rights. parties, the give authority desired on (6) After the time stated in the aforementioned After hearing notices, and after hearing such parties interested as may Railway Comappear, the said Railway Commissioner may, in his dis-missioner may cretion, and upon such terms and conditions as he may terms and deem expedient, authorize in writing the taking, for the conditions. said purposes, of the whole or any portion of the lands. applied for. Such authority shall be executed in duplicate, one to be filed with the said plan, application and notices with the Railway Commissioner, and the other, with the duplicate of plan and application, to be delivered to the company. Authority and plan, &c. to be registered. (7) Such duplicate authority, plan and application, or afterwards copies thereof certified as such by the said Railway Commissioner, shall be deposited with the registrars of deeds or district registrars of the districts respectively in which such lands are situate. Registration of plan to be a of lands that ed. 4. The deposit by the company of plans under section general notice 15 of said Act, as enacted by this Act, with the district will be requir- registrar of any land titles district or registrar of any registration division through or in which the company's line of railway is intended to be built, shall be deemed a general notice to all parties of the lands which will be required for the railway and works in such land titles district, and the date of such deposit shall be the date with reference to which compensation or damages for lands taken or injuriously affected shall be ascertained. Bridges or trestles of over 18 feet span not to be con the Railway 5. Section 31 of the said Act is hereby amended by adding thereto the following sub-section : (g) No bridge, trestle or other structure, over or under which the company's trains are to pass, the span or proposed structed with- span or spans or length of which exceed eighteen feet, shall out leave of be constructed or commenced until leave therefor has been obCommissioner. tained from the said Railway Commissioner upon application Requirements made to him for that purpose, and upon any application to in application him for such leave the company shall submit to him the detailed plans, profiles, drawings and specifications of any such work proposed to be constructed; provided this provision shall not apply to any bridge over a navigable stream. for such leave. This Act to be retro-active, except as to ed prior to passing Act. 6. All the clauses and provisions in this Act shall apply to every railway authorized to be constructed by any special plans register Act of the Legislature of this Province now in force, as if the same were incorporated in such special Act at the time of the passage thereof; provided, in the case of a plan and profile of any portion of a railway so authorized which has been deposited in a land titles or registry office prior to the passage of this Act, the approval of the said Railway Cominissioner shall be taken to have been given and signified as hereinbefore provided; and the publication of notice of such deposit shall in such case not be required or deemed necessary before taking the steps authorized by sub-section (e) of section 15 of said chapter 145, as enacted by this Act. 7. This Act shall come into force on the day it is assented to. CHAPTER 74. An Act to amend "The Real Property Act." [Assented to February 9th, 1906.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 43A, 1. Section 43A, added to "The Real Property Act," New section being chapter 148 of the Revised Statutes of Manitoba, 1902, by section 1 of chapter 41 of the Statutes of 1905, is hereby repealed and the following substituted therefor: tion of notices 43A. Any notices, such as are referred to in sections 41, as to publica42 and 43 hereof, which are required to be published in any in Gazette. newspaper shall also be published in one issue of The Manitoba Gazette, for which publication a fee of three dollars shall be paid. by section 1 to 2. The amendment made by section 1 of this Act shall Amendment be retroactive as from the date of the passing of said chap- be retroactive. ter 41 of the Statutes of 1905, and all notices given or served under any of said sections 41, 42 and 43 of "The Real Property Act," since the thirty-first of January, 1905, shall be held to have been validly and sufficiently given if the same were personally served on the parties named therein or served, notwithstanding the same were not published in The Manitoba Gazette. 3. The said Act is hereby amended by inserting immediately after section 56 thereof the following section: division to be municipality tion by sur 56A. All plans of sub-division of lands in any munici- Plans of subpality in this Province, before being filed in any registry approved by or land titles office, shall be first approved of by the council council of such municipality, and before giving its approval the after verificacouncil may require that the outlines of the survey of the veyor of counsaid lands shall be verified on the ground by a surveyor to be appointed by such council, and that the applicants for such filing shall pay the expenses of such verification by the surveyor. 4. Section 9 of "The Real Property Act," being chapter 148 of the Revised Statutes of Manitoba, 1902, as reenacted by chapter 38 of the Statutes of 1903, is hereby repealed and the following substituted therefor: cil. |