CHAP. 99. to a stop, the Governor-in-Council may, by an order in writing, give permission for engines and trains to pass over such crossing without stopping, under such regulations as to speed and other matters as the Governor-in-Council deems proper. R. S., c. 53, s. 72. R. A., 258.

Rate of speed in cities, &c.

As to train moving reversely.

Penalty.

Cars not to stand on railway crossing.

Penalty for violation.

Proviso.

Interpretation

of terms.

Packing of frogs, &c.

250. No locomotive or railway engine shall pass in or through any thickly peopled portion of any city, town or village, at a speed greater than six miles an hour, unless the track is fenced in the manner prescribed by this Chapter. R. S., c. 53, s. 73. R. A., s. 259.

251. Whenever any train of cars is moving reversely in any city, town or village, the locomotive and tender being in the rear of such train, the company shall station on the last car in the train a person who shall warn persons standing on or crossing the track of such railway, of the approach of such engine, tender and train; and for every violation of any of the provisions of this section, or of any of the three sections next preceding, the company shall be liable to a penalty of one hundred dollars. R. S., c. 53, s. 74. R. A., s. 260.

252.-(1.) Whenever any railway crosses any public highway at rail level, the company shall not, nor shall its officers, servants or agents, wilfully permit any engine, tender or car, or any portion thereof, to stand on any part of such highway for a longer period than five minutes at one time.

(2.) In every case of a violation of this section, every such officer, servant and agent who has under or subject to his control, management or direction, any engine, tender or car which, or any portion of which, is wilfully allowed to stand on such highway longer than the time specified in this section, is, and such company is also, for each such violation, liable on summary conviction to a penalty not exceeding fifty dollars Provided always, that if such alleged violation is, in the opinion of the court, excusable, the action for the penalty may be dismissed, but without costs. R. A., s. 261.

253.-(1.) In this section the expression "packing means a packing of wood or metal, or some other equally substantial and solid material, of not less than two inches in thickness, and which, where by this section any space is required to be filled in, shall extend to within one and a half inches of the crown of the rails in use on any such railway, shall be neatly fitted so as to come against the web of such rails, and shall be well and solidly fastened to the ties on which such rails are laid.

(2.) The spaces behind and in front of every railway frog

or crossing, and between the fixed rails of every switch CHAP. 99. where such spaces are less than five inches in width, shall

be filled with packing up to the under side of the head of

the rail.

guard rails.

(3.) The spaces between any wing rail and any railway And of wing and frog, and between any guard rail and the track rail alongside of it, shall be filled with packing at their splayed ends, so that the whole splay shall be so filled where the width of the space between the rails is less than five inches; such packing not to reach higher than to the under side of the head of the rail: Provided however, that the Governor-in- Proviso. Council may allow such filling to be left out, from the month of December to the month of April in each year, both months included.

(4.) The oil cups or other appliances used for oiling the oil cups. valves of every locomotive in use upon any railway shall be such that no employee shall be required to go outside the cab of the locomotive, while the same is in motion, for the purpose of oiling such valves. R. A, s. 262.

TRAINS OVERDUE.

agents, &c..

254.-(1.) Every company, upon whose road there is a Duty of station telegraph line in operation, shall have a blackboard put upon when train is the outside of the station house, over the platform of the overdue. station, in some conspicuous place at each station of such company at which there is a telegraph office; and when any passenger train is overdue for half an hour at any such station, according to the time table of such company, the station master or person in charge at such station, shall write, or cause to be written, with white chalk on such blackboard, a notice stating, to the best of his knowledge and belief, the time when such overdue train may be expected to reach such station; and if, when that time has come, the train has not reached the station, the station master or person in charge of the station shall write, or cause to be written on the blackboard in like manner, a fresh notice stating, to the best of his knowledge and belief, the time when such overdue train may then be expected to reach such station.

compliance.

(2.) Every such company, station master or person in Penalty for noncharge at any such station, is, on summary conviction, liable to a penalty not exceeding five dollars for every wilful neglect, omission or refusal to obey the provisions of this section.

(3.) Every such company shall have a printed copy of this copy of this section posted up in a conspicuous place at each of its stations section to be at which there is a telegraph office. R. A., s. 263.

posted up.

СНАР. 99.

Carriage of Her

&c.

CARRIAGE OF MAILS, NAVAL AND MILITARY FORCES, ETC.

255. Her Majesty's mail, Her Majesty's naval or military Majesty's mails, forces or militia, and all artillery, ammunition, provisions or other stores for their use, and all policemen, constables or others travelling on Her Majesty's service, shall at all times, when required by the Postmaster General of Canada, the Commander of the Forces, or any person having the superintendence and command of any police force respectively, and with the whole resources of the company if required, be carried on the railway, on such terms and conditions and under such regulations as the Governor-in-Council makes. R. S., c. 53, s. 27, (1). R. A., s. 264.

Government to have use of telegraph if required.

Telegraph

lines may be

Government.

TELEGRAPH LINES.

256. The company shall, when required so to do by the Governor-in-Council, or any person authorized by him, place any electric telegraph and telephone lines, and the apparatus and operators it has, at the exclusive use of the Government receiving thereafter reasonable compensation for such service. R. S., c. 53, s. 27, (2). R. A., s. 265.

257. The Governor-in-Council may, at any time, cause a constructed by line or lines of electric telegraph or telephone to be constructed along the line of the railway, for the use of the Government, and for that purpose may enter upon and occupy so much of the lands of the company as is necessary for the purpose. R. S., c. 53, s. 27, (3). R. A., s. 266.

Notice of accidents to be given.

Penalty for noncompliance.

Commissioners

to inquire into accidents.

ACCIDENTS, COMMISSIONS TO INVESTIGATE.

258. Every company shall, as soon as possible, and within forty-eight hours at the furthest, after the occurrence upon the railway belonging to such company, of any accident attended with serious personal injury to any person using the same, or whereby any bridge, culvert, viaduct or tunnel on or of the railway has been broken or so damaged as to be impassable or unfit for immediate use, give notice thereof to the Commissioner; and every company which wilfully omits to give such notice shall be liable to a penalty of two hundred dollars for every day during which the omission to give the same continues. R. S., c. 53, s. 48. R. A., s. 267.

259. The Governor-in-Council, on the recommendation of the Commissioner, may appoint such person or persons as he thinks fit to be a commissioner or commissioners for inquiring into the causes of and the circumstances connected with any accident or casualty to life or property occurring on any railway, and into all particulars relating thereto; and such commissioner or commissioners shall receive such

remuneration for his or their services as the Governor-in- CHAP. 99. Council determines. R. S., c. 53, s. 49. R. A., s. 268.

Remuneration.

260. The commissioner or commissioners shall report Report. fully, in writing, to the Commissioner, his or their doings and opinions on the matters respecting which he or they are appointed to inquire. R. A., s. 268.

commissioners

261. The remuneration of the commissioners and the Payment of fees and allowances to the witnesses shall be paid out of the and witnesses. Provincial Treasury.

CATTLE AT LARGE.

at large near

262.—(1.) No horses, sheep, swine or other cattle shall be Cattle not to be permitted to be at large upon any highway, within half a railway. mile of the intersection of such highway with any railway at rail level, unless such cattle are in charge of some person or persons, to prevent their loitering or stopping on such highway at such intersection.

be impounded.

(2.) All cattle found at large contrary to the provisions of such cattle may this section may, by any person who finds the same at large, be impounded in the pound nearest to the place where the same are so found, and the pound-keeper with whom the same are so impounded shall detain the same in the like manner, and subject to the like regulations as to the care and disposal thereof, as in the case of cattle impounded for trespass on private property.

action in such case.

(3.) If the cattle of any person, which are at large con- No right of trary to the provisions of this section, are killed or injured by any train at such point of intersection, he shall not have any right of action against any company in respect to the same being so killed or injured. R. S., c. 53, ss. 76, 77, 78. R. A., s. 271.

CATTLE NOT ALLOWED WITHIN FENCES-EXCEPTIONS.

taken on line.

263. Every person who rides, leads or drives any horse No cattle to be or any other animal, or suffers any such horse or other animal to enter, upon such railway, and within the fences and guards, other than the farm crossings, without the consent of the company, shall, on summary conviction, be liable to a penalty not exceeding forty dollars, and shall Penalty. also pay to any person aggrieved all damages sustained thereby. R. S., c. 53, s. 16, (4). R. A., s. 272.

NO PERSON TO WALK ON TRACK, ETC.-EXCEPTIONS.

No person to

264.-(1.) Every person, not connected with the railway, walk on the line. or employed by the company, who walks along the track thereof, except where the same is laid across or along a

CHAP. 99. highway, is liable on summary conviction to a penalty not exceeding ten dollars.

Penalty. Wrongfully entering train.

Penalty.

Foot passengers to use foot bridge if provided.

Penalty for contravention.

Weeds to be cut down.

Penalty for noncompliance.

(2.) Every person who enters upon any railway train without the knowledge or consent of an officer or servant of the company with intent fraudulently to be carried upon the said railway without paying fare thereon, is liable on summary conviction to a penalty not exceeding ten dollars, or in default of payment to imprisonment for a term not exceeding ten days. R. S., c. 53, s. 16, (6). R. A., s. 273.

265.—(1.) If the Governor-in-Council orders any company to erect, at or near or in lieu of any level crossing of a public road or other public highway, a foot bridge or foot bridges. over its railway for the purpose of enabling persons passing on foot along such public road or public highway to cross the railway by means of such bridge or bridges,-from and after the completion of such foot bridge or foot bridges so required to be erected, and while the company keeps the same in good and sufficient repair, such level crossing shall not be used by foot passengers on the said public road or public highway, except during the time when the same is used for the passage of carriages, carts, horses or cattle along the said road or highway.

(2.) Every person who offends against the provisions of this section shall be liable to a penalty not exceeding ten. dollars. R. S., c. 53, s. 75. R. A., s. 274.

WEEDS ON COMPANY'S LAND TO BE CUT DOWN.

266.-(1.) Every company shall cause all thistles and other noxious weeds growing on the clear land or ground adjoining the railway and belonging to such company to be cut down early in July in each year, or to be rooted out.

(2.) Every company which fails to comply with this section shall be liable to a penalty of two dollars for every day during which such company fails to do anything which it is so required to do; and the mayor or warden of the municipality in which the land or ground lies, or any justice of the peace therein, may cause all things to be done which Mayor, &c., may the said company is so required to do, and for that purpose may enter, by himself and his assistants or workmen, upon such lands or grounds, and may recover the expenses and charges incurred in so doing, and the said penalty, with costs, in any court of competent jurisdiction, and such penalty shall be paid to the proper officer of the municipality. R. S., c. 53, ss. 80, 81. R. A., ss. 275.

cause work to be

done.

Application of penalty.