respect to traffic.

No undue
advantage.

231. Every company shall, according to its respective CHAP. 99. powers, afford all reasonable facilities to any other company Facilities to be for the receiving and forwarding and delivering of traffic afforded in upon and from the several railways and steam vessels belonging to or worked by such companies respectively, and for the return of carriages, trucks, and other vehicles, and likewise to every other carrier of passengers or goods by land or by water; and no such company shall make or give any undue or unreasonable preference or advantage to or in favor of any particular person or company, or any particular description of traffic, in any respect whatsoever; nor shall any company subject any particular person or company, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; and every company which has or works a railway, or steam vessels which forms part of a continuous line of railway, or railway and steam connection, or which intersects any other railway, or which has any terminus, station or wharf of the one near any terminus, station or wharf of the other, shall afford all reasonable facilities for receiving and forwarding by the one line of railway or railway and steam vessels all the traffic arriving by the other, without any unreasonable delay, and without any preference or advantage, or prejudice or disadvantage, and so that no obstruction may be offered in the using of such railway and steam vessels as a continuous line of communication, and so that Agreements in all reasonable accommodation may at all times by the means aforesaid be mutually afforded by and to the said companies; and any agreement made between any two or more companies contrary to the foregoing provisions shall be unlawful, null and void. 1898, c. 4, s. 10. R. A., s. 240.

violation.

refusal by officer

232. If any officer, servant or agent of any company' Penalty for having the superintendence of the traffic at any station or to receive and depot thereof, refuses or neglects to receive, convey or convey goods. deliver at any station or depot of the company for which they are destined any passenger, goods or things, brought, conveyed or delivered to him or such company for conveyance over their railway or by their steam vessel from that of any other company intersecting or coming near to such first-mentioned railway or steam vessel, or in any way wilfully contravenes the provisions of the next preced- Recovery and ing section, such first-mentioned company, or such officer, application. servant or agents, personally, shall for each neglect or refusal be liable to a penalty not exceeding fifty dollars over and above the actual damages sustained. 1898, c. 4. s. 10. R. A., s. 241.

233. Every company which grants any facilities to any incorporated express company or person, shall grant equal facilities on equal terms and conditions to any other incorporated express company demanding the same. 1898, c. 4, s. 10. R. A., s. 242.

234. In any case in which the toll charged by a company for a carriage partly on a railway and partly on a steamship or line of steamships is expressed in a single sum, the Governor-in-Council, for the purpose of determining whether a toll has been charged, which is discriminatory or contrary in any way to the provisions of this Chapter, may definitely determine what portion of such single sum is to be properly assumed as having been charged in respect to the railway transportation, and may decide accordingly. 1898, c. 22, s. 2. (Can)

WORKING OF THE RAILWAY.

235. Every railway company, which runs trains upon the railway for the conveyance of passengers, shall provide and cause to be used in and upon such trains such known apparatus and arrangements as best afford good and sufficient means of immediate communication between the conductors and the engine drivers of such trains while the trains are in motion, and good and sufficient means of applying, by the power of the steam engine or otherwise, at the will of the engine driver or other person appointed to such duty, the brakes to the wheels of the locomotive or tender, or both, or of all or any of the cars or carriages composing the trains, and of disconnecting the locomotive, tender and cars or carriages from each other by any such power or means,—and also such apparatus and arrangements as best and most securely place and fix the seats or chairs in the cars or carriages,--and shall alter such apparatus and arrangements or supply new apparatus and arrangements, from time to time, as the Governor-in-Council orders; and every railway company which fails to comply with any of the provisions of this section, shall, be liable to a penalty not exceeding two hundred dollars for every day during which such default continues, and shall, as well, be liable to pay to all such persons as are injured by reason of non-compliance with these provisions, or to their representatives, such damages as they are legally entitled to, notwithstanding any agreement to the contrary with regard to any such person. R. S., c. 53, s. 69. R. A., s. 243.

236. Every locomotive engine shall be furnished with

a bell, of at least thirty pounds weight, and with a steam CHAP. 99. whistle. R. S., c. 53, s. 25, (8). R. A., s. 244.

passenger cars.

237. No baggage, freight, merchandise or lumber cars Position of shall be placed in rear of the passenger cars. R. S., c. 53, s. 25, (7). R. A., s. 245.

at regular hours.

238.—(1.) All regular trains shall be started and run as Trains to be run nearly as practicable at regular hours, fixed by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers and goods as are within a reasonable time previously thereto offered for transportation at the place of starting, and at the junctions of other railways, and at usual stopping places established for receiving and discharging way passengers and goods from the trains.

passengers and

in case of neglect.

(2.) Such passengers and goods shall be taken, trans- Conveyance sof ported to and from, and discharged, at such places, on the due goods. payment of the toll, freight or fare lawfully payable therefor. (3.) Every person aggrieved by any neglect or refusal in Right of action the premises, shall have an action therefor against the company, from which action the company shall not be relieved by any notice, condition or declaration, if the damage arises from any negligence or omission of the company or of its R. S., c. 53, s. 25, (2). R. A., s. 246.

servant.

badges.

239. Every servant of the company employed in a Servants to wear passenger train or at a station for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and he shall not, without such badge, be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office, or to interfere with any passenger or his baggage or property. R. S., c. 53, s. 25, (1). R. A., s. 247.

ing to pay.

240. Every passenger who refuses to pay his fare may, Expulsion of by the conductor of the train and the train servants of the passengers refuscompany, be put out of the train, with his baggage, at any usual stopping place, or near any dwelling house, as the conductor elects, the conductor first stopping the train,and using no unnecessary force. R. S., c. 53, s. 25, (11). R. A., s. 248. 241. No person injured while on the platform of a car, Injury to passen or on any baggage, wood or freight car, in violation of the ger standing on printed regulations posted up at the time, shall have any claim in respect to the injury, if room inside of such passenger cars, sufficient for the proper accommodation of the passengers, was furnished at the time. R. S., c. 53, s. 25, (12). R. A., s. 249.

242. Checks shall be affixed by an agent or servant to

platform, &c.

Checks to be affixed to baggage.

CHAP. 99. every parcel of baggage having a handle, loop or fixture of any kind thereupon, delivered to such agent or servant for transport, and a duplicate of such check shall be given to the passenger delivering the same. R. S., c. 58, s. 25, (5). R. A., s. 250.

Penalty for refusing to affix check.

goods.

To be plainly marked.

243. If such check is refused on demand, the company shall pay to such passenger the sum of eight dollars, which shall be recoverable in a civil action; and no fare or toll shall be collected or received from such passenger, and if he has paid his fare, the same shall be refunded by the conductor in charge of the train. R. S., c. 53, s. 25, (6). R. A., s. 251.

As to dangerous 244. No passenger shall carry, or require the company to carry upon its railway, aquafortis or oil of vitriol, gunpowder, nitro-glycerine, or any other goods which, in the judgment of the company, are of a dangerous nature; and every person who sends by the railway any such goods without, at the time of so sending the same, distinctly marking their nature on the outside of the package containing the same, and otherwise giving notice in writing to the station master or other servant of the company with whom the same are left, or who carries or takes upon any railway train such material as is mentioned above, for the purpose of having the same carried by the said railway train, shall forfeit to the company the sum of five hundred dollars for every such offence. R. S., c. 53, s. 25, (13). R. A., s. 253.

Penalty for contravention.

Dangerous goods may be refused.

goods.

245. The company may refuse to take any package or parcel which it suspects to contain goods of a dangerous nature, or may require the same to be opened to ascertain Carriage of such the fact; and the company shall not carry any such goods. of a dangerous nature, except in cars specially designated for that purpose, on each side of each of which shall plainly appear, in large letters, the words "dangerous explosives; and for each neglect to comply with the provisions of this section, the company shall incur a penalty of five hundred dollars. R. S., c. 53, s. 25, (14). R. A., s. 254.

enalty for contravention.

Train to stop

before passing a swing bridge.

32

246.-(1.) When a railway passes any draw or swing bridge over a navigable river, canal or stream, which is subject to be opened for the purposes of navigation, the train shall, in every case, be stopped at least one minute, to ascertain from the bridge tender that the said bridge is closed and in perfect order for passing, and in default of so stopping for the full period of one minute, the company shall incur a penalty of four hundred dollars.

case of interlock.

(2.) Wherever there is adopted or in use on any railway CHAP. 99. at any such bridge an interlocking switch and signal system, Exception in or other device which, in the opinion of the Governor-in- ing switches. Council, renders it safe to permit engines and trains to pass over such bridge without being brought to a stop, the Governor-in-Council may, by an order in writing, give permission for engines and trains to pass over such bridge without stopping, under such regulations, as to speed and other matters, as the Governor-in-Council deems proper; and the Governor-in-Council may at any time modify or revoke such order. R. S., c. 53, s. 68. R. A., s. 255.

or whistle

crossings.

compliance.

247. The bell with which the engine is furnished shall Bell to be rung be rung, or the whistle sounded, at the distance of at least sounded at eighty rods from every place at which the railway crosses' any highway, and be kept ringing or be sounded at short intervals, until the engine has crossed such highway; and Penalty for nonthe company shall, for every failure to comply with the provisions of this section, be liable to a penalty of eight dollars, and shall also be liable for all damage sustained by any person by reason of such failure; and a moiety of such penalty and damages shall be chargeable to and collected by the company from the engineer who has charge of such engine, and who neglects to sound the whistle or ring the bell as aforesaid. R. S., c. 53, s. 25, (9.) R. A. s. 256.

stationed at

crossings.

248.—(1.) A person shall be stationed at every point where Person to be two main lines of railway cross each other at rail level, and crossing. no train shall proceed over such crossing until signal has been made to the conductor or engineer thereof that the way is clear; provided always, that in the case of an electric street Electric railway railway car crossing an electric street railway track, it shall be the duty of the conductor before crossing to go forward and see that the track to be crossed is clear, before giving the signal to the motor man that the way is clear and to proceed. (2.) Every main track of a branch line is a main line Interpretation within the meaning of this section, which shall apply whether the said lines are owned by different companies or by the same company. R. A., s. 257.

and application.

crossing.

249. Every locomotive or railway engine, or train of Trains to stop at cars, on any railway, shall, before it proceeds over any such crossing as in the next preceding section mentioned, be stopped for the space of at least one minute; but whenever there is in use at any such crossing an interlocking switch Exception. and signal system, or other device which, in the opinion of the Governor-in-Council, renders it safe to permit engines and trains to pass over such crossing without being brought