compensation. CHAP. 99. (5.) The three persons so appointed shall be the arbitrators Ascertainment of to ascertain such compensation in the manner provided in this Chapter and the provisions of this Chapter, respecting proceedings before arbitrators for the ascertainment of compensation, and the awards of such arbitrators, shall apply to proceedings before arbitrators appointed under this section and to any award made by them. Costs. Fees. Crossing subject Governor-in- Notice. (6.) The cost of ascertaining such compensation under this section shall be added to the assessment made by the municipality for the payment of the same. (7.) The fees paid to any arbitrator appointed under this section shall not exceed four dollars for each day in which he is actually employed. RAILWAY CROSSINGS AND JUNCTIONS. 165. The railway of any company shall not be crossed, to approval of intersected, joined or united by or with any other railway, nor shall any railway be intersected or crossed by any street railway, electric railway or tramway, unless the place and mode of the proposed crossing, intersection, or junction or union, are first approved by the Governor-in-Council, on application therefor,--of which application ten clear days' notice in writing shall be given by the person or company desiring the approval, such notice to be sent by mail addressed to the president, general manager, managing director, secretary, or superintendent of the company whose railway is to be so crossed, intersected, joined or united; and in the case of crossing by street railways, electric railways or tramways respectively, the Governor-in-Council street railways, shall have the same powers in all respects as to the protection of such crossing an otherwise as are given the Governor-in-Council by this Chapter in regard to one railway crossing another. R. A., s. 173. Crossings by &c. Governor-in- Necessary appa ratus may be ordered to be adopted. 166. The Governor-in-Council may make such orders and give such directions respecting the proposed crossing, intersection, junction or union, and the works to be executed and the measures to be taken by the respective companies, as to it appear necessary or expedient to secure the public safety. R. A., s. 174. 167. The Governor-in-Council may, on the application of any company whose railway, at rail level, crosses or is crossed by the railway of any other company, direct such companies to adopt and put in use at such crossing, within. a reasonable time, to be fixed by such committee, such an interlocking switch and signal system or device, as in the opinion of such committee renders it safe to permit engines and trains to pass over such crossing without being brought to a stop. R. A., s. 175. paid by each 168. The companies may agree with each other as to CHAP. 99. the compensation to be paid by one to the other in respect Proportion of of any crossing, intersection, junction or union, or the expenses to be proportion to be borne by each, of the costs of executing company. any work or taking any measure, or the carrying out of any order of the Governor-in-Council; but if they fail so to agree, the amount of such compensation, or the proportion of such costs so to be borne by each, shall be determined by the Governor-in-Council. R. A., s. 176. NAVIGABLE WATERS. 169. No company shall cause any obstruction in or Navigation not impede the free navigation of any river, or stream, to to be impeded. or across or along which its railway is carried. R. S., c. 53, s. 64. R. A., 178. &c, 170. Whenever the railway is carried across any navi- Bridges over gable river, the company shall leave openings between navigable rivers, the abutments or piers of its bridge or viaduct over the same, and shall make such bridge or viaduct of such clear height above the surface of the water, or shall construct such drawbridge or swing bridge over the channel of the river, and shall be subject to such regulations as to the opening of such swing bridge or draw bridge, as the Governor-in-Council from time to time directs or makes. R. S., c. 53, s. 65. R. A., s. 179. floored. 171. No company shall run its trains over the naviga- Bridges to be ble channel of any river without having first laid such proper flooring under and on both sides of its railway track over such channel, as is deemed by the Commissioner sufficient to prevent anything falling from the railway into such canal or river, or upon the boats or vessels, or craft, or persons who navigate such river. R A., s. 180. &c, to be 112. No company shall construct any wharf, bridge, Plans of bridges, pier or other work upon or over any navigable river or approved. lake, or upon the beach or bed or lands covered with the waters thereof, until it has first submitted the plan and proposed site of such work to the Governor-in-Council, and the same has been approved; and no deviation from such approved site or plan shall be made without the consent of the Governor-in-Council. R. S., c. 53, s. 66. R. A., s. 181. 173. The Governor-in-Council may authorize or require Substitution of any company to construct fixed and permanent bridges or bridge for swing, draw or movable bridges, or to substitute any of such another. bridges for existing bridges on the line of its railway, within such time as the Governor-in-Council directs; and one form of for every day after the period so fixed during which the penalty for noncompany fails to comply with the directions of the Governor- compliance. in-Council, it shall forfeit and pay to Her Majesty the sum CHAP. 99. of two hundred dollars; and no company shall substitute No swing bridge any swing, draw or movable bridge for any fixed or permanent bridge already built and constructed without the previous consent of the Governor-in-Council. R. S., c. 53, s. 44. R A., s. 182. to be substituted without permission. Railway not to be carried along proper authority. HIGHWAY CROSSINGS. 174. The railway shall not be carried along an existing highway without highway, but shall merely cross the same in the line of the permission of railway, unless leave therefor has been obtained from the Governor-in-Council, and no obstruction of such highway with the works shall be made without turning the highway so as to leave an open and good passage for carriages, and, on completion of the works, replacing the highway; and every company which violates the provisions of this section. shall be liable to a penalty of not less than forty dollars for each such violation; but, in either case, the rail itself, if it does not, when the works are completed, rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction. R.S., c. 53, s. 15, (1). R. A., s. 183. Penalty for contravention. Variation when crossing on the level. Dimensions of bridges over inclination. 175. Whenever any railway crosses any highway, without being carried over it by a bridge, or under it by a tunnel or bridge, whether the level of the highway remains undisturbed or is raised or lowered to conform to the grade of the railway, the top of the rails shall not, when the crossing is completed, rise above or sink below the level of the highway more than one inch. R. S., c. 53, s. 15, (2). R. A., s. 184. 176. The span of the arch of every bridge erected for highways, and carrying the railway over or across any highway shall at all times be and be continued of the open and clear 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 of the highway passing under any such bridge shall not exceed one foot in twenty feet. R. S., c. 53, s. 15, (3). R. A., s. 185. Inclination of highway at crossings. Fences. 177. The inclination of the ascent or descent, as the case may be, of any approach by which any roadway is carried over or under any railway or across it at rail level shall not be greater than one foot of rise or fall for every twenty feet of the horizontal length of such approach, unless the Governor-in-Council directs otherwise; and a good and sufficient fence shall be made on each side of such approach, and of the bridge or passage connected with it, which fence shall be at least four feet in height from the surface of the approach, bridge or passage. The cost of such fence shall be borne by the company. R. S., c. 53, s. 15, (4). CHAP. 99. 1898, c. 4, s. 32. R. A., s. 186. Cost thereof the level to be Council in such 178. Whenever any portion of a railway is constructed, plan of crossing or authorised or proposed to be constructed, upon or along of highway on or across any street or other public highway at rail level or submitted. otherwise, the company, before constructing or using the same, or, in the case of railways already constructed, within such time as the Governor-in-Council directs, shall submit a plan and profile of such portion of railway for the approval of the Governor-in-Council; and the Governor-in-Council, Powers of if it appears to it expedient or necessary for the public Governor-insafety, may, from time to time authorize or require the case. company to which such railway belongs, within such time as the Governor-in-Council directs, to protect such street or highway by a watchman or by a watchinan and gates or other protection, or to carry such street or highway either over or under the said railway by means of a bridge or arch, instead of crossing the same at rail level,-or to divert such street or highway, either temporarily or permanently,—or to execute such other works and take such other measures as under the circumstances of the case appear to the Governor-in-Council best adapted for removing or diminishing the danger arising from the then position of the rail- As to land way; and all the provisions of law at any such time applicable to the taking of land by such company, and to its valuation and conveyance to the company, and to the compensation therefor, shall apply to the case of any land required for the proper carrying out of the requirements of the Governor-in-Council under this section. R. A., s. 187. required. Council may 179. The Governor-in-Council may make such orders, Governor-inand give such directions respecting such works and the make regulaexecuting thereof, and the apportionment of the costs thereof tions. and of any such measures of protection, between the said company and any person interested therein, as appear to the Governor-in-Council just and reasonable. R. A., s. 188. 180. Every company shall be liable to a penalty of fifty Penalty for nondollars for each and every day after the expiration of the compliance. date fixed by the Governor-in-Council for the execution of any such works during which such works remain uncompleted, and for each and every day after the date fixed by the Governor-in-Council for the taking of any measure for the protection of any such street or highway, or for removing or diminishing such danger as aforesaid, on which the company fails to take such measure: Provided however, that the Governor-in-Council may extend the time for the completion of the said work upon proper cause shown. R. A., s. 189. Time may be extended. CHAP. 99. Signboards over railway crossings. Farm crossings. As to height of overhead bridges. No higher cars to be used till bridge is raised. Bridge, &c., to be raised when 181. Signboards at every highway crossed at rail level by any railway shall be erected and kept up at each crossing, and shall have the words "railway crossing" painted on each side of the signboard, in letters at least six inches in length, and every company which neglects to comply with the requirements of this section shall incur a penalty not exceeding forty dollars. R. S., c. 53, s. 15, (6.) R. A, s. 190. FARM CROSSINGS. 182. Every company shall make crossings for persons across whose lands the railway is carried, convenient and proper for the crossing of the railway by farmers' implements, carts and other vehicles. R. A., s. 191. BRIDGES-TUNNELS. 183.-(1) Every bridge or other erection or structure. or tunnel over or through or under which any railway passes, and every tunnel through which any railway passes, shall, at all times, be so maintained as to admit of an open and clear headway of at least seven feet between the top of the highest freight cars used on the railway and the bottom of the lower beams, members or portions of that part of such bridge, erection, structure or tunnel which is over the railway. (2.) The company, before using higher freight cars than those which admit of such open and clear headway of at least seven feet, shall, after having first obtained the consent of the municipality or of the owner of such bridge or other erection, structure or tunnel, raise every such bridge or other erection, structure or tunnel and the approaches thereto, if necessary, so as to admit of such open and clear headway of at least seven feet. (3.) Whenever any bridge, erection, structure or tunnel re-constructed. is constructed over or on the line of a railway, or whenever it becomes necessary to reconstruct any bridge, erection, structure or tunnel already built over or on the line of a railway, or to make large repairs to the same, such bridge, erection, structure or tunnel, and the approaches thereto, if necessary, shall be constructed, reconstructed or repaired at the cost of the company, or of the municipality, or other owner of the bridge, erection, structure or tunnel, as the case may be, and shall be so constructed and at all times maintained as to admit of an open and clear headway of at least seven feet between the top of the highest freight cars then used on the railway and the bottom of the lower beams, members or portions of that part of such bridge, erection, structure or tunnel which is over the railway. |