FORM G.

(Section 10.)

CERTIFICATE of Judge WHEN PRISONER IS NOT FIT FOR AN

CANADA,

PROVINCE OF ALBERTA.

ASYLUM.

Certificate of

I, the undersigned, a judge of the Supreme Court of judge that Alberta, do hereby certify that I

this

personally examined

and I

that the said

said

day of

have, on prisoner not fit

A.D. 19

an inmate of the gaol at do hereby further certify that I am satisfied is not insane (or that the though insane, is not dangerous

to be at large), and is not, in my opinion, a fit person to be confined in an asylum for the insane.

for asylum

past, being within six months of this date, A.B., an insane
person confined in the
insane asylum
was allowed by the medical superintendent of the said asylum.
to return on trial to the care of his friends;

And whereas it appears to me, from the information neceived by me, that the said A.B. has again become danger

ous;

These are, therefore, to command you or any of you, the said constables or peace officers, in His Majesty's name, to retake the said A.B., and safely convey him to the said asylum (or to such other asylum as may be designated), and deliver him to the superintendent of the said asylum.

Attorney General of the Province of Alberta.

Short title

Interpretation

1907

CHAPTER 8.

An Act respecting Railways.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

1. This Act may be cited as "The Railway Act."

INTERPRETATION.

2. In this Act and in the special Act incorporating any railway company to which this Act applies where the follow

ing words occur they shall be construed in the manner hereinafter mentioned unless a contrary intention appears:

1. The expression "special Act" means any Act under Special Act which the company has authority to construct or operate a railway or which is enacted with special reference to such railway and includes all such Acts;

66

2. Prescribed" used in this Act in reference to any mat- Prescribed ter herein stated refers to such matter as the same is prescribed or provided for in the special Act; and the sentence in which such word occurs shall be construed as if instead of the word "prescribed" the expression "prescribed for that purpose in the special Act" had been used;

3. "The lands" shall mean the lands which by the special The lands Act are authorized to be taken or used for the purposes thereof;

4. "Land" or "lands" shall include all real estate, mes- Lands suages, lands, tenements and hereditaments of any tenure;

taking

5. "The undertaking" means the railway and works of The underwhatever description by the special Act authorized to be executed;

6. "Minister" means the Minister of Public Works; 7. "Lease" includes any agreement for a lease;

Minister

Lease

8. "Toll" means and includes any toll, rate, fare, charge Toll or other payment made under this Act or the special Act for any passenger, animal, carriage, goods, merchandise, articles, matters, things conveyed on the railway or for the collection, loading or unloading or delivery of goods or for the warehousing or other services incidental to the business of a carrier;

9. "Judge in chambers" and "judge " respectively mean Judge a judge of the Supreme Court sitting in chambers;

Judge in
Chambers.

10. "Goods" includes personal property of every descrip- Goods tion that may be conveyed upon the railway or upon steam or other vessels connected therewith;

11. "Highways" shall mean any public road, street, lane or Highways. other public way or communication;

12. "Justice" shall mean a justice of the peace in and for Justice the province residing near the place where the matter requiring the cognizance of a justice arises and who is not interested in the matter;

13. "Owner" when under the provisions of this Act or the owner special Act any notice is required to be given to the owner of any lands or when any act is authorized or required to be done with the consent of any such owner means any corporation or person who under the provisions of this Act or the special Act or any Act incorporated therewith would be enabled to sell and convey lands to the company;

The company

The railway

Rolling stock

Train

Shareholder

Inspecting

engineer

Traffic

Lawful fences

Working

expenses

14. "The company" shall mean the company or person authorized by the special Act to construct the railway and shall include all persons or corporations leasing or operating any railway;

15. "The railway" means the railway which by the special Act the company is authorized to construct or operate and includes all branches, sidings, stations, depots, wharves, rolling stock, equipment, stores, property real or personal and works connected therewith and also any railway bridge, tunnel or other structure which the company is authorized to construct;

16. "Rolling stock" means and includes any locomotive, engine, motor car, tender, snow plow, flanger and every description of car or of railway equipment designed for movement on its wheels over or upon the rails or tracks of the company;

17. "Train" includes any engine, locomotive or other rolling stock;

18. "Shareholder" means every subscriber to or holder of stock in the undertaking and shall extend to and include the personal representatives of the shareholder;

19. "Inspecting engineer" shall mean an engineer who is directed by the Lieutenant Governor in Council or by the minister to examine any railway and includes two or more engineers when two or more are so directed;

20. "Traffic" shall include passengers, goods and rolling stock;

21. The expression "lawful fences" shall mean substantial fences not less than four feet high and consisting of not less than four strands of ordinary fence wire, the lower wire being not more than 12 inches above the ground; the posts in such fences to be placed not more than 27 feet apart;

22. The expression "working expenses" means and includes all expenses for maintenance of the railway and all such tolls, rents or annual sums paid in respect to property leased to or held by the company apart from the rent of any leased line or in respect to the hire of rolling stock let to the company; also all rents, charges or interests on the purchase money of lands belonging to the company purchased but not paid for or not fully paid for; and also all expenses incidental to the working of the railway and the traffic thereon including all necessary repairs and supplies of rolling stock while on the lines of another company; also rents, taxes, insurance and expenditure for accidents or losses; also all salaries and wages of persons employed in and about the working of the railway and traffic and all officers' and managers' expenses including directors' fees, agency, legal and other like expenses; also all costs and expenses of and incidental to the compliance by the company with any order of the minister

under this Act and generally all such charges as are not above otherwise specified as in all cases of English railway companies are usually carried to debit of revenue as distinct from capital account.

APPLICATION.

of Act

3. The provisions of this Act shall apply to all railways Application heretofore or hereafter authorized to be constructed by any special Act of the province and said provisions shall in so far as they are applicable to the undertaking and unless they are expressly varied or excepted therefrom by the special Act be incorporated with the special Act form part thereof and be construed therewith as forming one Act.

may be excepted

this Act and

4. Any section of this Act may by any special Act be Any section excepted from incorporation therewith or may thereby be by special Act extended, limited or qualified, and it shall be sufficient for the purposes of this section to refer to any section of this Act by its number merely; and unless otherwise expressly provided Conflict between in this Act where the provisions of this Act and of any spe- special Act cial Act of the province relate to the same subject matter the provisions of the special Act shall be taken to override the provisions of this Act in so far as is necessary to give effect to such special Act.

INCORPORATION.

5. Every company incorporated under any special Act Incorporation shall be a body corporate under the name declared in the special Act and shall be invested with all such powers, privileges and immunities as are necessary to carry into effect the intentions and objects of this Act and of the special Act and are incident to such corporations or are expressed or included in The Interpretation Act.

ORGANIZATION OF THE COMPANY OFFICES.

6. The head office of the company shall be within the offices of the province in the place designated in the special Act but the company company may by by-law from time to time change the location of its head office to any other place in the province notica thereof to be given the minister, who shall keep a register for the purpose; the board of directors may establish such other offices as they may deem advisable.

PROVISIONAL DIRECTORS AND THEIR POWERS.

directors

7. The persons mentioned by name as such in the special rovisional Act are hereby constituted provisional directors of the company and of such provisional directors a majority shall be a quorum and the said provisional directors shall hold office as.