entering upon any land for the purposes aforesaid, the CHAP. 99. company shall, in case the consent of the owner is not Deposit in such obtained, pay into the office of the prothonotary of the case. Supreme Court for the county in which the land is situated, such sum, with interest thereon for six months, as is, after two clear days' notice to the owner of the land, or to the person empowered to convey the same, or interested therein, fixed by a judge. R. A., s. 112.

materials for

10%. Whenever stone, gravel, earth, sand or water Power to take is required for the construction or maintenance of any construction. railway or any part thereof, the company may, if it cannot agree with the owner of the land on which the same are situated, for the purchase thereof, cause a deputy crown land surveyor, or an engineer, to make a map and description of the property so required, and it shall serve a copy thereof, with its notice of arbitration, as in the case of acquiring the roadway; and all the provisions of this Chapter respecting expropriation of lands shall apply to the subject matter of this section, and to the obtaining of materials, as aforesaid; and such proceedings may be had by the company, either for the right to the fee simple in the land from which the material is taken, or for the right to take material for any time it thinks necessary, and the notice of arbitration, Notice in case of if arbitration is resorted to, shall state the interest and powers required. R. S., c. 53, s. 9, (33.) R. A., s. 113.

arbitration.

sidings,

108. Whenever any stone, gravel, earth, sand or water Power to make is so taken at a distance from the line of the railway, conduits, &c. the company may lay down the necessary sidings, water pipes or conduits and tracks, over or through any lands intervening between the railway and the land on which such material or water is found, whatever is the distance, and all the provisions of this Chapter, except such as relate to the filing of plans and publication of notice, shall apply, and the powers thereby granted may be used and exercised to obtain the right of way from the railway to the land on which such materials are situated; and such right may be acquired for a term of years or permanently, as the company thinks proper; and the powers in this and the next preceding section contained may, at all times, be exercised and used Maintenance and in all respects, after the railway is constructed, for the railway. purpose of repairing and maintaining the railway. R. S., c. 53, s. 9, (34.) R. A., s. 114.

repair of

parcel of land

109. Whenever, for the purpose of procuring sufficient If the whole land for stations or gravel pits, or for constructing, main- can be purchased taining, and using the railway, any land is taken under

with advantage.

CHAP. 99. the compulsory provisions of this Chapter, and by purchasing the whole of any lot or parcel of land over which the railway is to run, or of which any part is taken under the said provisions, the company can obtain the same at a more reasonable price or to greater advantage than by purchasing the roadway line only, or only such part as aforesaid, the company may purchase, hold, use or enjoy the whole of such lot or parcel, and also the right of way thereto, if the same is separated from its railway, and may sell and convey the same, or any part thereof, from time to time, as it deems expedient; but the compulsory provisions of this Chapter shall not apply to the taking of any portion of such lot or provisions not to parcel not necessary for the purposes aforesaid. R. S., c. 53, s. 9, (35.) R. A., s. 115.

Compulsory

apply.

Erection of snow fences.

And removal thereof.

What deviation

110. Every company may, on and after the first day of November in each year, enter into and upon any lands of Her Majesty, or into and upon the lands of any person whomsoever, lying along the route or line of its railway, and may erect and maintain snow fences thereon, subject to the payment of such land damages, if any, as are thereafter established, in the manner provided by law with respect to such railway, to have been actually suffered; but every snow fence so erected shall be removed on or before the first day of April then next following. R. S., c. 53, s. 16, (7.) R. A., s. 116.

POWERS RESPECTING LOCATION OF LINE, DEVIATIONS AND CHANGES, DEFINED

AND LIMITED.

111. 1. No lateral deviation of more than one mile shall shall be allowed. be made from the located line of the railway or from the places assigned thereto in the map or plan and book of reference, or profiles, except in such instances as are provided for in the special Act. R. S., c. 53, s. 8, (11.) R. A., 117.

As to error in name entered in book.

Mines to be protected.

112. The railway may be made, carried or placed across or upon the lands of any person on the located line, or within the distance from such line as aforesaid, although the name of such person has not been entered in the book of reference, through error or any other cause, or although some other person is erroneously mentioned as the owner of or entitled to convey, or is interested in such lands. R. S., c. 53, s. 8, (12.) R. A., s. 118.

113. No company shall, without the authority of the Covernor-in-Council, locate the line of its proposed railway, or of any branch thereof, so as to obstruct or interfere with or injuriously affect the working of, or the access or adit to

any mine then open or for opening which preparations are, CHAP. 99. at the time of such location, being lawfully and openly made. R. A., s. 119.

railway may be

made.

114. Any company, which desires at any time to change Change in line of the location of its line of railway in any particular part, for the purpose of lessening a curve, reducing a gradient or otherwise benefiting such line of railway, or for any other purpose of public advantage, may with the approval of the Governor-in-Council, make such change; and all the provisions of this Chapter shall refer as fully to the part of such line of railway so at any time changed or proposed to be changed, as to the original line; but no company shall No change of extend its line of railway beyond the termini mentioned in terminus the special Act. R. A., s. 120.

POWER TO CONSTRUCT BRANCH LINES DEFINED AND LIMITED.

con

struct branch

purposes.

given.

115. Any company may, for the purpose of connecting Power to any city, town, village, manufactory or mine, or any quarry lines for certain of stone or slate, or any well or spring, with the main line of the railway of the company, or with any branch thereof, or with any railway worked or leased by the company, or for the purpose of giving increased facilities to business, or for the purpose of transporting the products of any such manufactory, mine, quarry, well or spring, build, make and construct, and work and use, sidings, switches or branch lines of railway, not exceeding in any one case six miles in length; but such company shall not proceed to locate or build any Notice to be branch line of more than one quarter of a mile in length, under this section, until public notice has been given, for six weeks, in some newspaper published in the county or counties through or in which such branch line is to be made, that it is the intention of the company to apply to the Governor-in-Council to sanction the building of such branch line, and the appropriation of the necessary lands for that purpose, under the compulsory powers vested in such company by this Chapter, or by any other Act in its behalf; Map or plan, &c. nor unless the company has, prior to the first publication of such notice, deposited in the registry office of any registration district in which the line or any part thereof is to be constructed, a map or plan and book of reference indicating the location of the line; nor until the company has submitted Governor-inthe same to, and such map or plan and book of reference have been approved of by, the Governor-in-Council after the expiration of the said notice; and the order of the Governor-in-Council, approving such map or plan and book time. of reference shall limit the time, which shall not exceed

Approval of

Council

Limitation of

CHAP. 99. two years from the date of such order, within which the company may construct such branch line. R. S., c. 53, s. 7, (17). R. A., s. 121.

Powers as to such branch

lines.

Surveys and levels.

Map or plan and book of reference.

May be in

sections, and to be deposited.

To be examined and certified and copies deposited.

Access to copies.

Certified copies to be evidence.

116. Every such company may, for any such purpose, exercise all the powers given to it with respect to its main line, under this Chapter and the special Act; and each and every provision of such Chapter and Act which is applicable to such extension shall extend and apply to every such siding, switch or branch line of railway. R. A., s. 122

PLANS AND SURVEYS.

117. Surveys and levels shall be made and taken of the lands through which the railway is to pass, together with a map or plan and profile thereof, and of its course and direction, and of the lands intended to be passed over and taken therefor, as far as then ascertained; and a book of reference for the railway shall also be made, in which shall be set forth,

(a.) A general description of the said lands,

(b.) The names of the owners and occupiers thereof, as far as they can be ascertained, and,

(c.) Everything necessary for the right understanding of such map or plan and profile. R. S., c. 53, s. 8, (1). R. A., s. 123.

118. The map or plan and book of reference and profile may be made of sections of the railway, and shall be deposited at the office of the Commissioner. R. S., c. 53, s.

8, (2). R. A., s. 124.

119. The map or plan and book of reference and profile shall be examined and certified by the Commissioner or by the Provincial Engineer, and a duplicate thereof, so examined and certified, shall be deposited at the office of the Commissioner; and the company shall deposit copies of such map or plan and book of reference and profile, or of such parts thereof as relate to each registration district through which the railway is to pass, in the offices of the registrars of deeds for such districts respectively. R. S., c. 53, s. 8, (2). R. A., s. 125.

120. Any person may inspect such copies, and make extracts therefrom or copies thereof, as occasion requires, paying to the registrar of deeds at the rate of ten cents for every hundred words. R. S., c. 53, s. 8, (3). R. S., c. 53, s. 8, (3). R. A., s. 126. Such map or plan and book of reference and profile so certified, or a true copy thereof, or an extract therefrom,

121.

certified by the Commissioner or Provincial Engineer, or CHAP. 99. by any registrar of deeds, shall be evidence in any court of justice or elsewhere. R. S., c. 53, s. 8, (4). R. A., s. 127.

remedied.

122. Any omission, misstatement or erroneous descrip- Errors, how tion of such lands, or of the owners or occupiers thereof, in any map or plan or book of reference, may, after ten days' notice has been given to the owners of such lands, or persons named on any such map, plan or book as such owners, or after notice given by publication in at least three successive issues of a newspaper published in the county in which such lands lie, be corrected by two justices, on application made to them for that purpose; and if it appears to them that such omission, misstatement or erroneous description arose from mistake, the justices shall certify the same accordingly. R. S., c. 53, s. 8, (5). R. A., s. 128.

ing thereto.

123. The certificate shall state the particulars of any Certificate relat such omission, and the manner thereof, and shall be deposited with the registrars of deeds of the registration districts respectively, in which such lands are situated, and shall be kept by them, together with the other documents to which it relates; and thereupon such map or plan, or book of reference, shall be deemed to be corrected according to such certificate; and the company may make the railway in accordance with the certificate. R. S., c. 53, s. 8, (6). R.

A., s. 129.

original survey.

124. If any alterations from the original plan or survey Alterations from are intended to be made in the line or course of the railway, a map or plan and profile of such alterations, on the same scale and containing the same particulars as the original map or plan and profile, shall be deposited in the same manner as the original map or plan and profile, and copies of or extracts from such map or plan and profile, so far as they relate to the several registration districts in or through which such alterations are intended to be made, shall be deposited with the registrars of deeds of such districts. R. S., c. 53, s. 8, (7). R. A., s. 130.

proceeded with

arc deposited.

125. Until such original map or plan and book of refer- Works not to be ence and profile, or the map or plan and profile of the until map, &c., alterations, have been so deposited, the construction of the railway, or of the part thereof affected by the alterations, as the case may be, shall not be proceeded with. R. S., c. 53, s. 8, (8). R. A., s. 131.

copies by

126. The registrars of deeds shall receive and retain the Custody of copies of the original maps or plans and books of reference registrars of

deeds.