CHAP. 99. company shall be liable to a penalty of two thousand dollars. R. S., c. 53, s. 40. R. A., s. 210. Report and action thereon. Copies of minutes to be evidence. Notice by secretary valid. Company may make by-laws for 203. The Provincial Engineer shall forthwith report the same to the Commissioner who, with the sanction of the Governor-in-Council, may either confirm, modify or disallow the act or order of the Provincial Engineer; and notice of such confirmation, modification or disallowance shall be duly given to the company affected thereby. R. S., c. 53, s. 41. R. A., s. 211. PROOF OF PROCEEDINGS AT MEETINGS-NOTICES. 204. Copies of the minutes of proceedings and resolutions of the shareholders of the company, at any annual or special meeting, and of the minutes of proceedings and resolutions of the directors, at their meetings, extracted from the minute books kept by the secretary of the company and by him certified to be true copies extracted from such minute books, shall be evidence of such proceedings and resolutions in any court. R. S., c. 53, s. 24, (3). R. A., s. 212. 205. All notices given by the secretary of the company, by order of the directors, shall be deemed notices by the directors and the company. R..S., c. 53, s. 24, (4). R. A., s. 213. BY-LAWS, RULES AND REGULATIONS. 206. The company may, subject to the provisions and certain purposes. restrictions in this Chapter and in the special Act contained, make by-laws, rules or regulations for the following purposes, that is to say:— Management of affairs, Appointment of officers. Retirement of officers, Speed, &c. Time. Loads. (a.) For the management and disposition of the stock, property, business and affairs of the company, not inconsistent with the laws of Nova Scotia ; (b.) For the appointment of all officers, servants and artificers, and for prescribing their respective duties, and the compensation to be made therefor; (c.) For the retirement of such of said officers and servants, on such terms as to an annual allowance or otherwise, as in each case the directors, in the interest of the company's service and under the circumstances, consider just and reasonable; (d.) For regulating the mode by which, and the speed at which, carriages using the railway are to be moved or propelled; (e.) For regulating the hours of the arrival and departure of any such carriages; (f.) For regulating the loading or unloading of such carriages, and the weights which they are respectively to carry ; (g.) For regulating the receipt and delivery of goods CHAP. 99. (h.) For preventing the smoking of tobacco, and the Nuisances. carriages, or in any of the stations or premises (i.) For regulating the travelling upon, or the using or Use of railway. (j) For regulating the conduct of the officers, servants Conduct of and employees of the company; and— officers, &c. (.) For providing for the due management of the Management. violation of 207. The company may, for the better enforcing the Penalty for observance of any such by-law, rule or regulation thereby, by-laws. prescribe a penalty not exceeding forty dollars for any violation thereof. R. A., s. 215. 208. All by-laws, rules and regulations of the company Form of by-laws. shall be reduced to writing, be signed by the chairman or person presiding at the meeting at which they are adopted, have affixed thereto the common seal of the company, and be kept in the office of the company. R. S., c. 53, s. 60. R. A., s. 216. 209. All such by-laws, rules and regulations shall be sanction. submitted from time to time to the Governor-in-Council for approval, and no such by-law, rule or regulation shall have any force or effect until it is approved by the Governor-inCouncil. R. S., c. 53, s. 60. R. A., s. 217. 210. A printed copy of so much of any by-law, rule or Publication. regulation as affects any person other than the shareholders, or the officers, servants or employees of the company, shall be openly affixed and kept affixed to a conspicuous part of every station belonging to the company, and so as to give public notice thereof to the persons interested therein or affected thereby. R. S., c. 53, s. 60. R. A., s. 218. employees. 211. A printed copy of so much of any by-law, rule or Publication of order as relates to the conduct of or affects the officers, by-laws affecting servants or employees of the company, shall be given to every officer, servant and employee of the company thereby affected. R. S., c. 53, s. 60. R. A., s. 219. bound by such by-laws. 212. Such by-laws, rules and regulations, when so con- who shall be firmed, shall be binding upon and observed by all persons, bo-laws. and shall be sufficient to justify all persons acting thereunder. R. S., c. 53, s. 60. R. A., s. 220. CHAP. 99. 213. If the violation or non-observance of any such Summary inter- by-law, rule or regulation is attended with danger or annoyference in certain ance to the public, or hindrance to the company in the cases. Certified copy to be evidence. Tolls, how fixed. Tolls, how charged. Tolls for long distances. Power of Gover- Tolls to be lawful use of the railway, the company may summarily interfere, to obviate or remove such danger, annoyance or hindrance, and without prejudice to any penalty incurred by the violation of such by-law, rule or regulation. R. A., s. 221. 214. A copy of any by-law, rule or regulation certified as correct by the president or secretary of the company, shall be evidence thereof in any court. R. A., s. 222. TOLLS. 215. Subject to the provisions and restrictions in this Chapter and in the special Act contained, the company may, by by-laws, or the directors, if thereunto authorized by the by-laws, may, from time to time, fix and regulate the tolls to be demanded and taken for all passengers and goods transported upon the railway, or in steam vessels belonging to the company. 1898, c. 4, s. 16. R. A., s. 223. 216. Such tolls may be fixed either for the whole or for any particular portions of the line of said railway and steam vessels; but all such tolls shall always, under the same circumstances, be charged equally to all persons, and at the same rate, whether per ton, per mile or otherwise, in respect to all passengers and goods and carriages of the same description, and conveyed or propelled by a like carriage, engine or vessel passing only over the same portion of the line of railway or route of steam vessels, and no reduction or advance in any such tolls shall be made, either directly or indirectly, in favor of or against any particular company or person travelling upon or using such railway and steam vessels. 1898, c. 4, s. 17. R. A., s. 224. 217. The tolls fixed for large quantities or long distances may be proportionately less than the tolls fixed for small quantities or short distances, if such tolls are, under the same circumstances, charged equally to all persons; but in respect to quantity, no special toll or rate shall be given or fixed for any quantity less than one car load of at least twelve tons, of two thousand pounds each. 1898, c. 4, s. 18. R. A., s. 225. 218. The company, in fixing or regulating the tolls to be demanded and taken for the transportation of goods, shall, except in respect to through traffic to or from the United States, adopt and conform to any uniform classification of freights which the Governor-in-Council from time to time prescribes. 1898, c. 4, s. 19. R. A., s. 226. 219. No tolls shall be levied or taken until the by-law fixing such tolls has been approved of by the Governor-in CHAP. 99. Council; nor shall any company levy or collect any money fractions. posted. 222. The company shall, from time to time, cause to be Rates to be printed and posted up in its offices, and in every place printed and where the tolls are to be collected, in some conspicuous position, a printed board or paper, exhibiting all the rates of tolls payable, and particularizing the price or sum of money to be charged or taken for the carriage of any matter or thing. 1898, c. 4, s. 23. R. A., s. 230. 223. Such tolls shall be paid to such persons, and at such Tolls how paid. places, in such manner and under such regulations, as the by-laws direct. 1898, c. 4, s. 24. R. A., s. 231. tolls prescribed. 224. No company, in fixing any toll or rate, shall, under Mode of fixing like conditions and circumstances, make any unjust or partial discrimination between different localities; but no discrimination between localities, which, by reason of competition by water or railway it is necessary to make to secure traffic, shall be deemed to be unjust and partial, except that it shall not be lawful for a railway company operating a steam vessel or steam vessels from a point upon its line to some other point in competition with another steamship line or lines to arrange its toll or rate over its said steam vessels, or over them and the whole or any portion of its railway, so as to occision a discrimination adverse to such competing steamship lines. 1898, c. 4, s. 25. R. A., s. 232. to secret or 225. No company shall make or give any secret special Provision as toll, rebate, drawback or concession to any person; and special tolls. every company shall, on the demand of any person, make known to him any special rate, rebate, drawback or concession given to any one. 1898, c. 4, s. 26. R. A., s. 233. payment. 226. In case of denial or neglect of payment on demand In case of denial of any such tolls, or any part thereof, the same shall be or neglect of recoverable in any court of competent jurisdiction; or the agents or servants of the company may seize the goods for CHAP. 99. or in respect whereof such tolls are payable, and may detain the same until payment thereof, and in the meantime the said goods shall be at the risk of the owners thereof. 1898, c. 4, s. 27. R. A., s. 234. Provisions for sale in whole or part. Provision respecting un 227. If the tolls are not paid within six weeks, the company may sell the whole or any part of such goods, and out of the money arising from such sale retain the tolls payable, and all reasonable charges and expenses of such seizure, detention and sale, and shall deliver the surplus, if any, or such of the goods as remain unsold, to the person entitled thereto. 1898, c. 4, s. 28. R. A., s. 235. 228. If any goods remain in the possession of the claimed goods. company unclaimed for the space of twelve months, the company may thereafter, and on giving public notice thereof by advertising for six weeks in the Royal Gazette and in such other newspapers as it deems necessary, sell such goods by public auction, at a time and place which shall be mentioned in such advertisement, and, out of the proceeds thereof, pay such tolls and all reasonable charges for storing, advertising and selling such goods; and the balance of the proceeds, if any, shall be kept by the company for a further period of three months, to be paid over to any person entitled thereto. 1898, c. 4, s. 29. R. A., s. 236. Provision where balance not claimed. Arrangements for interchange traffic. Proviso, as to approval. 229. In default of such balance being claimed before the expiration of the period last aforesaid, the same shali be paid over to the Provincial Treasurer for. the public uses of the province of Nova Scotia until claimed by the person entitled thereto. 1898, c. 4, s. 30. R. A., s. 237. 230. The directors of any company may at any time make a reements or arrangements with any other company for the regulation and interchange of traffic passing to and from their railways and steam vessels, and for the working of the traffic over the said railways and upon the route of the said steam vessels respectively, or for either of those objects separately, and for the division and apportionment of tolls, rates and charges in respect to such traffic, and generally in relation to the management and working of the railways, and steam vessels, or any of them, or any part thereof, and of any railway or railways, and steam vessels in connection there with, for any term not exceeding twentyone years, and to provide, either by proxy or otherwise, for the appointment of a joint committee or committees for the better carrying into effect of any such agreement or arrangement, with such powers and functions as are considered necessary or expedient, subject to the consent of two-thirds of the stockholders voting in person or by proxy. 1898, c. 4, s. 10. R. A., s. 238. |