TITLE XXVIII.

OF COSTS AND FEES.

CHAP.

185.-Of Costs and Fees..

PAGE.

.826

186.-Of Fees Payable by Municipalities for the Administration of Justice. 855

TITLE XXIX.

CROWN RULES.

187.-Of Crown Rules.

859

REPRINTED.

Special Criminal Sittings, Revised Statutes, 3rd Series, cap. 171

...860

INDEX OF PRIVATE AND LOCAL ACTS TO A. D., 1900.

TITLE XII.

OF RAILWAYS.

CHAPTER 99.*

OF RAILWAYS.

SHORT TITLE.

1. This Chapter may be cited as "The Nova Scotia Short Title. Railways Act."

INTERPRETATION.

2. In this Chapter and in the special Act incorporating Interpretation. any railway company to which this Chapter or any part thereof applies, unless the context otherwise requires :—

(a.) The expression "Special Act" means any Act “Special 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; (b.) The expression "company" means a railway com- "Company." pany, and includes any person having authority to construct or operate a railway;

ing."

(c.) The expression "the undertaking" means the rail- "The undertak-
ways and works, of whatsoever description, which the
company has authority to construct or operate;

(d.) The expression "county" includes any county in "County."
the province and also any division thereof into separate
municipalities;

(e.) The expression "court" means the Supreme Court "Court."
of Nova Scotia ;

(f) The expression "judge" means any judge of such “Judge.”

court;

(g.) The expression "justice means a justice of the "Justice.”
peace acting for the county, municipality, city, town.
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

*The reference R. A. in this Chapter is to the Railway Act of Canada.

"two justices" shall be understood to mean two
justices assembled and acting together;
(h.) The expression "goods" includes things of every
kind that may be conveyed upon the railway, or
upon steam vessels or other vessels connected with
the railway;
(i.) The expression "traffic" includes not only passen-
gers and their baggage, goods, animals and things.
conveyed by railway, but also cars, trucks and vehicles.
of any description adapted for running over any
railway;

(j.) The expression "highway" includes any public
road, street, lane or other public way or communica-
tion;
(k.) The expression "Commissioner" means the Com-
missioner of Public Works and Mines;

(1.) The expression "Provincial Engineer" means the
Provincial Engineer of the Province of Nova Scotia,
and includes any engineer who is directed by the
Governor-in-Council or by the Commissioner to
examine any railway or works, and includes two or
more engineers when two or more ate so directed;
(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 Chapter or the
special Act, and includes real property, messuages,
lands, tenements and hereditaments of any tenure;
(n.) The expression "lease" includes an agreement for
a lease;

(o.) The expression "map" or "plan
plan" means a ground
plan of the lands and property taken or intended to be
taken;

(p.) The expression "owner," when, under the provisions
of this Chapter, 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 Chapter or the
special Act, or any Act incorporated therewith, would
be enabled to sell and convey lands to the company;
(9.) "The expression "railway" means any railway
which the company has authority to construct or
operate, and includes ail stations, depots, wharves,
rolling stock, equipment, property, and works con-

nected therewith, and also any railway bridge or other CHAP. 99. structure which the company is authorized to construct under a special Act;

pany." "Com

(r.) The expression "railway company" or "company Railway Comincludes any person being the owner or lessee of, or pany." a contractor working, any railway constructed or carried on under the powers of any statute of the province;

(8.) The expression "municipality" includes any city "Municipality." or incorporated town.

(t.) The expression "sheriff" means the sheriff of the "Sheriff." county within which are situated any lands in relation

to which any matter is required to be done by a
sheriff, and includes a deputy-sheriff or other lawful
deputy of the sheriff;

(u.) The expression "toll" includes any rate or charge "Toll."
made for the conveyance of any passenger, goods, or
carriage, or for the collection, loading, unloading,
cording or delivery of goods, or for warehousing or
wharfage, or other services incidental to the business
of a carrier;

(v.) The expression

penditure."

working expenditure" means and “Working exincludes all expenses of maintenance of the railway, and of the stations, buildings, works and conveniences belonging thereto, and of the 1olling and other stock and movable plant used in the working thereof, and also 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 engines, carriages or waggons 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 stores and consumable articles; 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; and 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;