letters not less than six inches in length; and for every neglect to comply with the requirements of this clause, a penalty not exceeding forty dollars shall be incurred."

c. 66, s. 12.)

(Con. Stat. C.

FENCES.-"Fences shall be erected and maintained on each side of a railway of the height and strength of an ordinary division fence, with openings or gates or bars therein at farmcrossings of the road, for the use of the proprietors of the land adjoining; and also cattle-guards at all road-crossings, suitable and sufficient to prevent cattle and animals from getting on the railway." (Ib. s. 13.)

RIDING, &C., ON THE TRACK.-"If any person rides, leads or drives any horse or other animal upon such railway and within fences and guards other than the farm-crossings, without the consent of the company, he shall for every such offence forfeit a sum not exceeding forty dollars, and shall also pay to the party aggrieved all damages sustained thereby." (Ib. s. 17.)

"No person other than those connected with or employed by the railway shall walk along the track thereof, except where the same is laid across or along a highway.” (Ib. s. 18.) OBSTRUCTING RAILWAYS. "Every person who, by any means or in any manner or way whatsoever, obstructs or interrupts the free use of the railway, or the carriages, vessels, engines, or other works incidental or relative thereto or connected therewith, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the common gaol of the district or county where the conviction takes place, or in the provincial penitentiary, for a term not to exceed five years." (Ib. s. 84.)

DAMAGING RAILWAYS." All persons wilfully and maliciously, and to the prejudice of the railway, breaking, throw. ing down, damaging, or destroying the same, or any part thereof, or of any of the buildings, stations, depots, wharves, vessels, fixtures, machinery, or other works or devices incidental and relative thereto, or connected therewith, or doing any other wilful hurt or mischief, or wilfully or maliciously

obstructing or interrupting the free use of the railway, vessels, or works, or obstructing, hindering, or preventing the carrying on, completing, supporting, and maintaining the railway, vessels, or works, shall be guilty of a misdemeanor, unless the offence committed amounts, under some other act or law, to a felony, in which case such person shall be guilty of a felony, and the court by and before whom the person is tried and convicted may cause such person to be punished in like manner as persons guilty of misdemeanor or felony (as the case may be) are directed to be punished by the laws in force in this province." (Ib. s. 85.)

FINES, HOW RECOVERED." All fines and forfeitures imposed by this act or the special act, or by any by-law, the levying and recovering of which are not particularly herein directed, shall, upon proof of the offence before any one or more Justices of the Peace for the district, county, or place where the act occurred, either by the confession of the party or by the oath or affirmation of any one credible witness, to be administered without fee or reward, be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal, or hands and seals, of such Justice or Justices." (Ib. s. 86.)

HOW APPLICABLE." All fines, forfeitures, and penalties, the application of which is not herein before particularly directed, shall be paid into the hands of the treasurer of the company, to be applied to the use thereof; and the overplus of the money so raised, after deducting the penalty and the expenses of the levying thereof, shall be returned to the owner of the goods so distrained and sold." (Ib. s. 87.)

COMMITMENT. "In case sufficient goods and chattels whereof to levy the penalty and expenses are not found, the offender shall be sent to the common gaol, there to remain without bail for such term not exceeding one month as the Justice or Justices think proper, unless the penalty or forfeiture and all expenses attending the same, be sooner paid and satisfied." (Ib. s. 88.)*

* Some fixed time of imprisonment, less than a month, should be stated in the

warrant.

APPEAL.-"Every such person or persons may, within four months after the conviction, appeal against the same to the court of general Quarter Sessions to be holden in and for the county or district." (b. s. 89.)

OFFENCE AGAINST THIS ACT TO BE A MISDEMEANOR.-" All contraventions of this act or of the special act,* by the company or by any other party, for which no punishment or penalty is herein provided, shall be a misdemeanor, and shall be punishable accordingly; but such punishment shall not exempt the company, if they be the offending party, from the forfeiture by this act and the special act of the privileges conferred on them by the said acts, if by the provisions thereof or by law the same be forfeited by such contravention." (16. s. 90.)

CHECKS ON PARCELS.-" Checks shall be affixed by an agent or servant to every parcel of baggage having a handle, loop, or fixture of any kind thereupon, and a duplicate of such check shall be delivered to every passenger delivering the same." (Ib. s. 99.)

"If such check be refused on demand, the company shall pay to such passenger the sum of eight dollars, to be recovered in a civil action; and further, 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." (Ib. s. 100.)

"Any passenger producing such check may himself be a witness in any suit brought by him against the company, to prove the contents and value of such baggage not delivered to him." (Ib. s. 101.)

BAGGAGE-CARS NOT TO BE IN REAR OF PASSENGER-CARS. "The baggage, freight, merchandize, or lumber-cars, shall not be placed in rear of the passenger-cars; and if any such be so placed, the officer or agent directing or knowingly suffering

* That is, the act authorizing the construction of the railway.

such arrangement, and the conductor of the train, shall respectively be guilty of a misdemeanor, and be punished accordingly." (Ib. s. 102.)

ENGINE TO HAVE BELL.-" Every locomotive engine shall be furnished with a bell of at least thirty pounds weight, or with a steam whistle." (Ib. s. 103.)

TO RING BELL, &c.-"The bell shall be rung or whistle sounded at the distance of at least eighty rods from every place where the railway crosses any highway, and be kept ringing or be sounded at short intervals until the engine has crossed such highway, under a penalty of eight dollars for every neglect thereof, to be paid by the company, who shall also be liable for all damages sustained by any person by reason of such neglect, one-half of which penalty and damages shall be chargeable to and collected by the company from the engineer having charge of such engine, and neglecting to sound the whistle or ring the bell as aforesaid." (Ib. s. 104.)

INTOXICATION OF ENGINEER OR CONDUCTOR.-" All persons in charge of a locomotive engine, or acting as conductor of a car or train of cars, who is intoxicated, shall be guilty of a misdemeanor. "* (Ib. s. 105.)

RAILWAY GROUND TO BE KEPT IN ORDER." Every railway company shall cause all cleared land adjoining their railway to be sown or laid down with grass or turf, and cause all thistles and other noxious weeds growing on such land or grounds to be cut down, and to be kept constantly down, or to be rooted out of the same." (Ib. s. 134.)

"If such company fails to comply with the requirements of the act, within twenty days after they have been noticed by the mayor, reeve, or chief officer of the municipality of the township or county in which the ground lies, the company will incur a penalty of two dollars for every day of such neglect;

*The constable residing in the neighbourhood of a railway should be instructed to see that this section is complied with. It is far better that the question as to whether or not the bell was rung or whistle sounded, or the engineer or conductor intoxicated, should come up before a Justice before an accident, than before a coroner and jury after loss of lifej

and during this time said reeve, &c., may cause the work to be done which the company neglected, and such municipality may recover all expenses and charges, as well as the penalty, with costs, in any court having jurisdiction." (Ib. s. 135.)

IMPEDING NAVIGATION."No company shall cause any obstruction in or impede the navigation of any river, stream or canal, to or across or along which their railway is carried." (Пb. s. 136.)

TRAINS GOING THROUGH CITIES, &c.-"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 per hour, unless the track is properly fenced." (Ib. s. 144.)

"Whenever any train of cars is moving reversely in any city, town or village, the locomotive being in the rear, the company shall station on the last car in the train a person who shall warn parties standing on or crossing the track of such railway of the approach of such train, under a penalty of one hundred dollars for any contravention of the above provision." (Ib. s. 145.)

LEAVING CATTLE AT LARGE."No horses, sheep, swine, or other cattle, shall be permitted to be at large upon any highway within half a mile of the intersection of such highway with any railway on grade, unless such cattle are in charge of some person or persons to prevent their loitering or stopping on such highway at such intersection." (Ib. s. 147.).

SUCH CATTLE MAY BE IMPOUNDED.-" All cattle found at large in contravention of the last preceding section may, by any person finding the same at large, be impounded in the nearest pound 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.” (Ib. 8. 148.)

CROSSINGS TO BE FENCED." At any road and farm-crossing on the grade of the railways in this province, the crossing shall