COMPANY MAY NOT PURCHASE RAILWAY SECURITIES.

CHAP. 99,

and securities

267. No company shall, either directly or indirectly, Certain shares employ any of its funds in the purchase of its own stock, not to be dealt or in the acquisition of any shares, bonds or other securities in. issued by any other railway company in Nova Scotia. R. A., s. 276.

violation.

268. Every director of a railway company who know- Penalty for ingly permits the funds of any such company to be applied in violation of the next preceding section, shall incur a penalty of one thousand dollars for each such violation,— which penalty shall be recoverable on information filed in the name of the Attorney General; and a moiety thereof Application shall belong to Her Majesty, and the other moiety thereof shall belong to the informer; and the acquisition of each share, bond or other security, or interest, as aforesaid, shall be deemed a separate violation of the provisions aforesaid. R. A., s. 277.

SALE OF RAILWAY TO PURCHASER NOT HAVING CORPORATE POWERS.

thereof.

not having

porate powers.

269. If, at any time, any railway or any section of any Sale of railway railway is sold under the provisions of any deed of mortgage to a purchaser thereof, or at the instance of the holders of any mortgage necessary corbonds or debentures, for the payment of which any charge. has been created thereon, or under any other lawful proceding, and is purcbased by any person or corporation which has not any corporate powers authorizing the holding and operating thereof by such purchaser,—the purchaser thereof shall transmit to the Commissioner within ten days from Notice to the the date of such purchase, a notice in writing stating the Commissioner. fact that such purchase has been made, describing the termini and line of route of the railway purchased, and specifying the charter or Act of incorporation under which the same had been constructed and operated, including a copy of any writing, preliminary to a conveyance of such railway, which has been made as evidence of such sale; and immediately upon the execution of any deed of conveyance And copy of deed of such railway, the purchaser shall also transmit to the Commissioner a duplicate or an authenticated copy of such deed, and shall furnish to the Commissioner, on request, any further details or information which he requires. R. A., s. 278. 270. Until the purchaser has given notice to the Com- Until such missioner in manner and form as provided by the next trains not to preceding section, the purchaser shall not run or operate the be run. railway so purchased, or take, exact or receive any tolis whatsoever in respect to any traffic carried thereon; but after Provisional the said conditions have been complied with, the purchaser the railway.

of conveyance.

transmission

CHAP. 99. may continue, until the end of the then next session of the Legislature, to operate such ailway and to take and receive such tolls thereon as the company previously owning and operating the same was authorized to take, and shall be subject, in so far as they can be made applicable, to the terms and conditions of the charter or Act of incorporation of the said company until he has received a letter of license from the Commissioner-which letter the Commissioner is hereby authorized to grant-defining the terms and conditions on which such railway shall be run by such purchaser during the said period. R. A., s. 279.

License from
Commissioner.

Application for necessary powers.

Extension of license.

Fina! action.

Appointment of railway constables.

Oath to be taken.

Form of oath.

271. Such purchaser shall apply to the Legislature at the next following session thereof after the purchase of such railway, for an Act of incorporation or other legislative authority, to hold, operate and run such railway; and if such application is made to the Legislature and is unsuccessful, the Commissioner may extend the license to such railway until the end of the then next following session of the Legisture and no longer; and if during such extended period the purchaser does not obtain such Act of incorporation or other legislative authority, such railway shall be closed or otherwise dealt with by the Commissioner as is determined by the Governor-in-Council. R. A., s. 280.

RAILWAY CONSTABLES.

272.—(1.) Any two justices of the peace or a stipendiary magistrate, on the application of the directors of any company whose railway passes within the local jurisdiction of such justices of the peace or magistrate, or on the application of any clerk or agent of such company thereto authorized by such directors, may, in their or his discretion, appoint any persons recommended for that purpose by such directors, clerk or agent, to act as constables on and along such railway; and every person so appointed shall take an oath or make a solemn declaration in the form or to the effect following, that is to say:

"I, A. B., having been appointed a constable to act upon "and along (here name the railway), under the provisions. of "The Nova Scotia Railway Act," do swear that I will "well and truly serve Our Sovereign Lady the Queen in the "said office of constable, without favour or affection, malice or 'ill-will, and that I will, to the best of my power, cause the "peace to be kept, and prevent all offences against the peace; "and that, while I continue to hold the said office, I will, to "the best of my skill and knowledge, discharge the duties. "thereof faithfully, according to law. So help me God."

(2.) Such oath or declaration may be administered by any CHAP. 99. justice of the peace. R. A., s. 281.

constable.

273. Every constable so appointed, who has taken such Powers of such oath or made such declaration, may act as a constable for the preservation of the peace, and for the security of persons and property against felonies and other unlawful acts on such railway, and on any of the works belonging thereto,—and on and about any trains, roads, wharves, quays, landing places, wharehouses, lands and premises belonging to such company, whether the same are in the municipality, city, town, district or other local jurisdiction within which he was appointed, or in any other place through which such railway passes or in which the same terminates, or through or to which any railway passes which is worked or leased by such company, -and in all places not more than a quarter of a mile distant from such railway,-and shall have all such powers, protec- General powers. tions and privileges for the apprehending of offenders, as well by night as by day, and for doing all things for the prevention, discovery and prosecution of felonies and other offences, and for keeping the peace, which any constable duly appointed has within his jurisdiction. R. A., s. 282.

offenders.

274. Any such constable may take such persons as are Arrest of punishable by summary conviction for any offence against the provisions of this Chapter, or of any statute, or by-law affecting the railway, before any justice or justices appointed for any municipality, city, town, district or other local jurisdiction within which such railway passes; and every such justice may deal with all such cases, as though the offence had been committed and the persons taken within the limits of his own local jurisdiction. R. A., s. 283.

275. Any two justices of the peace, or a stipendiary Dismissal of magistrate, may dismiss any such constable who is constable. acting within their several jurisdictions; and the directors of such company, or any clerk or agent of such company thereto authorized by such directors, may dismiss any such constable who is acting on such railway; and upon every Effect of such dismissal, all powers, protections and privileges which dismissal. belonged to any such person by reason of such appointment shall wholly cease; and no person so dismissed shall be again appointed or act as constable for such railway, without the consent of the authority by whom he was dismissed. R. A., s. 284.

276. Every such company shall cause to be recorded in the Record of office of the clerk of every municipality, city or town, wherein appointment such railway passes, the name and designation of every con

to be kept.

CHAP. 99. stable so appointed at its instance, the date of his appointment, and the authority making it, and also the fact of every dismissal of any such constable, the date thereof, and the authority making the same, within one week after the date of such appointment or dismissal, as the case may be; and such clerk shall keep such record in such form as the Commissioner from time to time directs, in a book which shall be open to public inspection, charging such fee as the Commissioner from time to time authorizes. R. A., s. 285.

Punishment of constable guilty of neglect of duty.

Limitation of actions for damages.

What may be pleaded.

Inspection &c., not to relieve

liability.

277. Every such constable who is guilty of any neglect or breach of duty in his office of constable, shall be liable, on summary conviction thereof, within any municipality, city or town wherein such railway passes, to a penalty not exceeding eighty dollars, or to imprisonment, with or without hard labor, for a term not exceeding two months. Such penalty may be deducted from any salary due to such offender, if such constable is in receipt of a salary from the company. R. A., s. 286.

LIMITATIONS OF ACTIONS FOR DAMAGES-GENERAL ISSUE.

278. All actions for indemnity for any damages or injury sustained by reason of the railway, shall be commenced within one year next after the time when such alleged damage is sustained, or if there is continuation of damage, within one year next after the doing or committing of such damage ceases, and not afterwards; and the defendants may plead the general issue and give this Chapter and the special Act and the special matter in evidence at any trial to be had thereupon, and may prove that the same was done in pursuance of and by the authority of this Chapter or of the special Act. R. S., c. 53, s. 26. R. A., s. 287.

COMPANY NOT RELIEVED FROM LEGAL LIABILITY BY INSPECTION OR ANYTHING
DONE HEREUNDER.

279. No inspection had under this Chapter, and nothing company from in this Chapter contained, and nothing done or ordered or omitted to be done or ordered, under or by virtue of the provisions of this Chapter, shall relieve, or be construed to relieve, any company of or from any liability or responsibility resting upon it by law, either towards Her Majesty or towards any person, or the wife or husband, parent or child, executor or administrator, tutor or curator, heir or personal representative, of any person, for anything done or omitted to be done by such company, or for any wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance, of such company, or in any manner or way to lessen such liability or responsibility, or in any way to

weaken or diminish the liability or responsibility of any CHAP. 99. such company. R. S., c. 53, s. 51. R. A., s. 288.

OFFENCES AND PENALTIES.

company, &c.,

280. Every company, director or officer doing, causing Liability of or permitting to be done, any matter, act or thing contrary in cases specified. to the provisions of this Chapter or the special Act, or to the orders or directions of the Governor-in-Council, or of the Commissioner made hereunder, or omitting to do any matter, act or thing required to be done on the part of any such company, director or officer, is liable to any person injured thereby for the full amount of damages sustained by such act or omission; and if no other penalty is in this Chapter or the special Act provided Penalty. for any such act or omission, is liable, for each offence, to a penalty of not less than twenty dollars, and not more than five thousand dollars, in the discretion of the court before which the same is recoverable. R. A., s. 289.

281. Every person from whom any company exacts Damages for any unjust or extortionate toll, rate or charge shall, in extortionate toll. addition to the amount so unjustly exacted, be entitled to recover from the company as damages an amount equal to three times the amount so unjustly exacted. R. A., s. 290.

282. Every officer or servant of any company or any Penalty for person employed by it who directs or knowingly permits placing baggage any baggage, freight, merchandise or lumber car to be passenger cars. placed in the rear of the passenger cars, shall be guilty of an offence against this Chapter. R A., s. 291.

283. Every person who is intoxicated while he is in charge of a locomotive engine, or acting as the conductor of a car or train of cars, shall be guilty of an offence against this Chapter.

Intoxication a misdemeanour.

selling liquor to

284. Every person who sells, gives or barters any Penalty for spirituous or intoxicating liquor to or with any servant or employees. employee of any company while on duty, is liable on summary conviction to a penalty not exceeding fifty dollars, or to imprisonment with or without hard labor for a period not exceeding one month, or to both.

certain by-laws.

285. Every officer or servant of, and every person Punishment for employed by, the company, who wilfully or negligently violation of violates any of the provisions of this Chapter, or any bylaw, rule or regulation of the company lawfully made anl enforced, or any order or notice of the Governor-in-Council, or of the Commissioner or Provincial Engineer, of which a copy has been delivered to him, or which has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, if such caused or risk injury to any person or to any property, or increased.

violation causes

If injury is of injury is