CHAP. 99. exposes any person or any property to the risk of injury, or renders such risk greater than it would have been without such violation, although no actual injury occurs, shall be guilty of an offence against this Chapter, and shall, in the discretion of the court before which the conviction is had, and according as such court considers the offence proved to be more or less grave, or the injury or risk of injury to person or property to be more or less great, be punished by Penalty limited. fine or imprisonment, or both; but no such fine shall exceed four hundred dollars, and no such imprisonment shall exceed the term of five years. R. S., c. 53, s. 84. R. A., s. 294.

Penalty in certain cases.

286. If such contravention does not cause injury to how recoverable, any property or person, or expose any person or property to the risk of injury, or make such risk greater than it would have been without such contravention, then the officer, servant or other person guilty thereof, shall be liable to a penalty not exceeding the amount of thirty days' pay, or less than fifteen days' pay, of the offender from the company, in the discretion of the magistrate before whom the conviction is had. R. S., c. 53, s. 87.

Application of penalty.

Deduction of penalty from wages, or recovery.

Penalty for

violation of bylaws. &c., generally.

Exception.

Penalties in other cases.

287. One moiety of such penalty shall belong to Her Majesty for the public uses of the Province and the other moiety to the informer, unless he is an officer or servant of, or person in the employ of, the company, in which case the whole penalty shall belong to Her Majesty for the uses aforesaid. R. S., c. 53, s. 86.

288. The company may, in all cases under the next three preceding sections, pay the amount of the penalty and costs, and recover the same from the offender or deduct it from his salary or pay. R. S., c. 53, s. 87.

289. Every person who wilfully or negligently violates any by-law, rule or regulation of the company shall be liable, for each offence, to a penalty not exceeding the amount therein prescribed, or if no amount is so prescribed to a penalty not exceeding twenty dollars; but no such person shall be convicted of any such offence, unless at the time of the commission thereof a printed copy of such bylaw, rule or regulation was openly affixed to a conspicuous part of the station at which the offender entered the train or at or near which the offence was committed. R. A., s. 296.

290. In the case of any violation of any of the provisions of this Chapter, for which no special penalty is provided, the person or company so violating any of the said provisions shall be liable to a penalty of one hundred dollars for each and every such violation and for each and every day's continuation of such violation. R. S., c. 53, s. 88.

!

other fines and

291. All the fines, forfeitures, and penalties, recoverable CHAP. 99. under this Chapter, the application whereof is not otherwise Application of provided for, shall be paid into the treasury of the Province penalties. of Nova Scotia, but penalties for the contravention of any by-law made under the authority of this Chapter, shall be paid into the treasury of the company. R. S., c. 53, s. 89. 292. The collection of any of the penalties provided for collection of in this Chapter, where the same incurred by any enforced. railway company, may be enforced by a sale of any of the company's property, notwithstanding the existence of any mortgage, lien, incumbrance, or deed of trust, to secure the payment of any liability. R. S., c. 53, s. 90.

are

COMPENSATION FOR RAILWAY TAKEN BY PROVINCE.

penalties, how

293. In the case of any railway of which the Governor- Compensation
in-Council is authorized by statute or by any, agreement or by arbitration.
contract to assume the ownership on paying the value of
the same or compensation for any part or the whole of the
outlay made thereon, and it is provided by the statute,
agreement, or contract, that the amount of such value or
compensation is to be ascertained by arbitration, the
Governor-in-Council may enter into possession of and hold
such railway and assume the ownership thereof, and be
vested with all the rights, property and powers intended by
any such statute, agreement, or contract, to be conferred on
the Governor-in-Council on the assumption by the Governor-
in-Council of the ownership of such railway, four weeks'
notice being first given to the company in possession of the
said railway, or its president, manager, secretary or agent
in this province, or elsewhere, of the name of the arbitrator
appointed by the Governor-in-Council. This enactment

shall not take away the right of any company to the com-
pensation to which such company is entitled on the award
being made under the provisions of any such statute,
agreement, or contract, as is herein before referred to.
R. S., c. 53, s. 91.

arbitrator.

294. When the notice mentioned in the next preceding Proviso in case of section has been given on the part of the Governor-in-neglect to name Council, and the company or officer, or the proprietor or proprietors, of any railway coming within the provisions of such section, refuses or for four weeks after the giving of such notice neglects to name an arbitrator on the part of such company or proprietors, such arbitrator shall be appointed by the Chief Justice of the Supreme Court of Nova Scotia, and shall for all purposes be considered and held to be the arbitrator appointed by or on behalf of the company so notified, or of the proprietors of any railway coming within the provisions thereof. R. S, c. 53, s. 92.

CHAP. 99. 295. If the third arbitrator or umpire whose appointProviso in case ment is provided for in any statute, agreement or contract, appoint umpire, or in this Chapter, is not appointed, or his appointment not

of neglect to

Arbitrators, &c., entitled to travel on trains.

Witnesses compellable to attend, &c.

Witnesses

entitled to fees.

Witness residing abroad, how examined.

notified to the Governor-in-Council for thirty days after the other two arbitrators have been appointed (and his appointment notified to the Governor-in-Council), such third arbitrator or umpire shall be appointed by the other two arbitrators by writing under their hands, and in the event of their failure so to appoint within a period of one month, shall be appointed by the Chief Justice of the Supreme Court of Canada; but this section shall not be applicable to any company or railway whose charter, Act of incorporation, or agreement with the province, provides for the appointment of a third arbitrator in some other way. R. S., c. 53, s. 93.

296. Every such arbitrator, and also a reasonable number of experts or other persons forming the staff or staffs of the arbitrators, shall have the right at all or any time or times, until the making and publication of the award of the arbitrators, to travel on any trains which pass over any of the railways in respect to which such arbitrators are to make their valuation or award, free of all charge, and shall be carried from station to station in such manner as to enable them to make full examination of such railways and all the appurtenances. Any person or company who refuses to the said arbitrators, or any of them, or their attendants, the facilities mentioned in this section, shall be liable to a penalty for each offence of four hundred dollars. R. S, c. 53, s. 94.

297. Every such arbitrator may issue summons for the attendance of witnesses and for the production of documents, and may examine witnesses under oath, and every such summons shall have the same effect as a subpoena duces tecum issued out of the Supreme Court, and non-compliance with any such summons shall be attended with the like consequences as disobedience of any such subpoena or subpoena duces tecum. R. S., c. 53, s. 95.

298. Witnesses summoned to attend before the said arbitrators shall be entitled to receive the same fees as witnesses in the Supreme Court. R. S., c. 53, s. 96.

299. All the provisions of any statute or rule of court now in force relating to the issuing of commissions for taking the depositions of witnesses residing out of the province, shall apply to all or any proceedings before such arbitrators, and for this purpose the proceedings before any such arbitrator or arbitrators shall be deemed to be a civil action in the Supreme Court, and on any such commission

being returned, the same, together with any deposition CHAP. 99. taken thereunder, shall be transmitted by the prothonotary

of the court to the arbitrators. R. S, c. 53, s. 97.

300. Any affidavit, order, rule, deposition or other Affidavit &., how proceeding in the Supreme Court, touching or relating to to be entitled. the issuing of a commission, or the taking of evidence. thereunder, for the purpose of the arbitrators, may be entitled as in the said court, and in the cause of " 'The Queen on behalf of the Government of Nova Scotia, versus The Company," (naming the company or proprietors whose railway forms the subject of the arbitration.) R. S., c. 53, s. 98.

STATISTICS.

301.-(1.) Every company shall annually prepare returns Annual returns in accordance with the forms contained in schedule one to to be prepared. this Chapter, of its capital, traffic and working expenditure, and of all information required, as indicated in the said

form, to be furnished to the Commissioner; and such returns How attested. shall be dated and signed by, and attested upon the oath of the secretary, or some other chief officer of the company, and of the president, or in his absence, of the vice-president or manager of the company.

be included.

(2) Such returns shall be made for the period included what period to from the date to which the then last yearly returns made by the company extended, or from the commencement of the operation of the railway, if no such returns have been previously made, and, in either case, down to the last day of June in the then current year.

(3.) A duplicate copy of such returns, dated, signed and Duplicate for the attested in manner aforesaid, shall be forwarded by such Commissioner. company to the Commissioner within three months after the first day of July in each year.

(4.) The company shall also, in addition to the informa- Further returns tion required to be furnished to the Commissioner as when required. indicated in the said schedule one, furnish such other information and returns as are, from time to time, required

by the Commissioner.

(5.) Every company which makes default in forwarding Penalty for nonsuch returns in accordance with the provisions of this compliance. section, shall incur a penalty not exceeding ten dollars for every day during which such default continues.

submitted to

(6.) The Commissioner shall lay before both Houses of Returns to be the Legislature, within twenty-one days from the com- Legislature. mencement of each session thereof, the returns made and forwarded to him in pursuance of this section. R. S., c. 53, s. 29, 32. R. A., s. 299.

CHAP. 99.

Weekly return to be prepared and transmitte

302.-(1.) Every company shall monthly prepare returns of its traffic for the next preceding month in accordance with the form contained in schedule two to this Chapter, and a copy of such returns, signed by the officer of the company responsible for the correctness of such returns, shall be forwarded by the company to the Commissioner, within seven days from the day in each week up to Copy to be posted which the said returns have been prepared; and another copy of each of such returns signed by the same officer, shall be posted up by the company within the same delay, and kept posted up for seven days, in some conspicuous place in the most public room in the head office of the company in the province, and so that the same can be perused by all persons; and free access thereto shall be allowed to all persons during the usual hours of business at such office, on each day of the said seven days not being a Sunday or holiday.

up

Penalty for noncompliance.

Penalty for signing false

return.

Return of accidents to be made.

Cause and nature.

Locality and time.

Extent and particulars.

Copies of bylaws.

(2.) Every company which makes default in forwarding any such monthly return to the Commissioner or which fails to post up and keep posted up a copy thereof as aforesaid, and to allow free access thereto as aforesaid, shall be liable to a penalty not exceeding ten dollars for every day during which such default continues. R. S., c. 53, s. 30. R. A., s. 300.

303. Every person who, knowing the same to be false in any particular, signs any return required by the two sections next preceding, shall be liable to a penalty not exceeding two hundred and fifty dollars. R. S., c. 53, s. 31. R. A., s. 301.

304. Every company shall, within one month after the first days of January and July, in each and every year, make to the Commissioner, under the oath of the president, secretary or superintendent of the company, a true and particular return of all accidents and casualties, whether to life or property, which have occurred on the railway of the company during the half year next preceding each of the said periods respectively, setting forth,

(a.) The causes and natures of such accidents and casualties;

(b.) The points at which they occurred, and whether by night or by day;

(c.) The full extent thereof, and all the particulars of the same;

And shall also, at the same time, return a true copy of the existing by-laws of the company, and of its rules and regulations, for the management of the company and of its railway. R. A., s. 302.