tion of the works, replacing the highway, under a penalty of not less than $40 for any contravention; but, in either case, the rail itself, provided it does not rise above or sink below the surface of the road more than one inch, shall not be deemed an obstruction.

to rise more

2. No part of the railway which crosses a highway without Railway not being carried over by a bridge, or under by a tunnel, shall than one inch rise above or sink below the level of the highway more above level of than one inch; and the railway may be carried across or above when crossing highways a highway within the limits aforesaid.

the same.

3. The ascent of all bridges erected to carry a highway Ascent of bridges. over a railway, shall not be more than one foot in twenty feet increase over the natural ascent of the highway; and a good and sufficient fence shall be made on each side of every bridge, which fence shall not be less than four feet above the surface of the bridge.

crosses a

4. Signboards stretching across the highway crossed at a Precautions level by a railway, shall be erected and kept up at each when railway crossing at such height as to leave sixteen feet from the highway. highway to the lower edge of the signboard, and having the words "Railway Crossing" painted on each side of the signboard, and in letters not less than six inches in length; and for every neglect to comply with the requirements of this clause, a penalty not exceeding $40 shall be incurred. R. S. O. 1877, c. 165, s. 21.

5. Overhead bridges, and other erections or structures over a Overhead bridges. railway, shall be constructed and maintained in conformity Rev. Stat. c. with sections 4 and 5 of The Railway Accidents Act.

FENCES.

212, ss. 4, 5.

each side of

30.-(1) Fences shall be erected and maintained on each side Fences to be of the railway, of the height and strength of an ordinary erected on division fence, with openings or gates, or bars therein at farm Railway. crossings of the road, for the use of the proprietors of the lands adjoining the railway; and also cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on the railway.

certain words,

(2) The said words "openings, gates or bars," shall be held Meaning of to mean and shall in all cases imply sliding gates, commonly called hurdle gates, with proper fastenings; but this shall not be interpreted to the profit of those proprietors and tenants of land crossed by railways who had received compensation from the railway companies, for having omitted the erection of such gates before the 10th of June, 1847, nor shall it in any way affect or apply to any railway constructed or in part constructed, on the 10th of June, 1847, but the same shall apply only to railways constructed or commenced after that day.

Liability of

Company until cattle guards erected.

When to be exempted.

Persons prohibited going

etc., with

(3) Until such fences and cattle guards are duly made, the company shall be liable for all damages which may be done by their trains or engines to cattle, horses or other animals on the railway.

(4) After the fences or guards have been duly made, and while they are duly maintained, no such liability shall accrue for such damages, unless negligently or wilfully done.

(5) If a person rides, leads or drives any horse or other on the track, animal upon the railway, and within the 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 $40, and shall also pay to the party aggrieved all damages sustained thereby.

cattle, etc.

Or walking thereon.

Dividing and separating of lands for Rail

way from neighbouring lands.

Tolls to be

fixed by by

wise.

(6) 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.

(7) Within six months after any lands have been taken for the use of the railway, and if thereunto required by the proprietors of the adjoining lands respectively, but not otherwise, the company shall, at their own costs and charges, set and make on the lands so taken, and from time to time maintain, support and keep in repair, a sufficient post or rail, hedge, ditch, bank or other fence sufficient to keep off swine, sheep and cattle and thereby divide and separate and keep constantly divided and separated such lands from the lands or grounds adjoining thereto. R. S. O. 1877, c. 165, s. 22.

TOLLS.

pas

31.-(1) Tolls shall be from time to time fixed and regulated laws or other by the by-laws of the company, or by the directors, if thereunto authorized by the by-laws, or by the shareholders at any general meeting, and may be demanded and received for all sengers and goods transported upon the railway or in the steam vessels to the undertaking belonging, and shall be paid to such persons and at such places near to the railway, in such manner and under such regulations as the by-laws direct.

How payment of tolls enforced.

When, if tolls not paid, goods dis

trained may

be sold.

(2) In case of denial or neglect of payment on demand of such tolls, or any part thereof, to such persons, the same may be sued for and recovered in any Court of competent jurisdiction, or the agents or servants of the company may seize the goods for or in respect whereof such tolls ought to be paid, and detain the same until payment thereof; and in the meantime the said goods shall be at the risk of the owners thereof

(3) If the tolls are not paid within six weeks, the company may sell the whole or any part of such goods, and out of the money arising from the sale retain the tolls payable, and all charges and expenses of the detention and sale; rendering the surplus, if any, or such of the goods as remain unsold, to the person entitled thereto.

distrained or

(4) If any goods remain in the possession of the company When goods unclaimed for the space of twelve months, the company may detained may thereafter, and on giving public notice thereof by advertise- be sold. ment for six weeks in the Ontario Gazette, and in such other papers as they deem necessary, sell such goods by public auction at a time and place to be mentioned in the advertisement, and out of the proceeds thereof pay such tolls and all reasonable charges for storing, advertising and selling such goods; and the balance of the proceeds, if any, shall be kept by the company for a further period of three months, to be paid over to any party entitled thereto.

(5) In default of such balance being claimed before the ex- How balance to be disposed piration of the period last aforesaid, the same shall be paid of. over to the Provincial Treasurer to be applied to the general purposes of the Province, until claimed by the party entitled thereto.

reduced.

(6) All or any of the tolls may, by by-law, be reduced Tolls--how and again raised as often as deemed necessary for the interests raised, or of the undertaking; but the same tolls shall be payable at the same time and under the same circumstances upon all goods and by all persons, so that no undue advantage, privilege or monopoly may be afforded to any person or class of persons by any by-laws relating to the tolls.

mile-how

(7) In all cases, a fraction in the distance over which goods Fraction of a or passengers are transported on the railway shall be con- considered in sidered as a whole mile; and for a fraction of a ton in the charging tolls. weight of any goods, a proportion of the tolls shall be demand- Fraction of a ed and taken, according to the number of quarters of a ton ton. contained therein, and a fraction of a quarter of a ton shall be deemed and considered as a whole quarter of a ton.

in offices and

cars.

(8) The directors shall, from time to time, print and stick Table of tolls up, or cause to be printed and stuck up, in the office, and in all to be stuck up and every of the places where the tolls are to be collected, and in every passenger car, in some conspicuous place there, a printed board or paper exhibiting all the tolls payable, and particularizing the price or sum of money to be charged or taken for the carriage of any matter or thing.

the Lieut.

(9) No tolls shall be levied or taken until approved of by the Tolls to be ap Lieutenant-Governor in Council, nor until after two weekly proved of by publications in the Ontario Gazette of the by-law establishing Governor. such tolls, and of the Order in Council approving thereof.

(10) Every by-law fixing and regulating tolls shall be sub- The Lieut.ject to revision by the Lieutenant-Governor in Council from revise by-law time to time, after approval thereof as aforesaid; and after an fixing tolls. Order in Council reducing the tolls fixed and regulated by by-law, has been twice published in the Ontario Gazette, the tolls mentioned in such Order in Council shall be substituted for those mentioned in the by-law so long as the Order in Council remains unrevoked.

VOL. II.-15

When the Legislature may reduce

tolls on rail

ways.

By-laws im

posing tolls to

be approved
by the Lieut.

Governor in
Council.

(11) The Legislature may from time to time reduce the tolls upon the railway, but not without the consent of the company, or so as to produce less than fifteen per cent. per annum profit on the capital actually expended in its construction; nor unless, on an examination made by the Commissioner of Public Works of the amount received and expended by the company, the net income from all sources, for the year then last past, is found to have exceeded fifteen per cent. upon the capital so actually expended.

(12) The by-laws of every railway company, heretofore or hereafter incorporated, regulating the tolls to be taken on such road, in the special Act respecting which a provision has been inserted that such railway should be subject to the provisions of any general Act relating to Railways, shall be subject to the approval of the Lieutenant-Governor in Council, and no by-law of any railway company in this Province by which tolls are to be imposed or altered, or by which any party other than the members, officers and servants of the company are intended to be bound, shall have any force or effect until the same has been approved and sanctioned by the Lieutenant-Governor in Council. R. S. O., 1877, c. 165, s. 23.

Shareholders may hold

GENERAL MEETINGS.

32. The shareholders may assemble together at general general meet. meetings for purposes connected with or belonging to the undertaking, and at any annual general meeting, and may elect directors in the manner provided by section 34. R. S. O., 1877, c. 165, s. 24.

ing.

Calling of

33. The method of calling general meetings, and the time meetings, etc. and place of the first meeting of shareholders for the appointment of directors, shall be determined and settled in the special Act. R. S. O., 1877, c. 165, s. 25.

Board of directors.

Who entitled to vote.

PRESIDENT AND DIRECTORS.

34.-(1) A board of directors of the undertaking, to manage its affairs, the number whereof shall be stated in the special Act, shall be chosen annually by a majority of the shareholders voting at such election at a general meeting, the time and place for which shall be appointed by the special Act; and if the election is not held on the day so appointed, the directors shall notify and cause the election to be held within thirty days after the day appointed.

(2) On the day so notified, no person shall be admitted to vote except those who would have been entitled to vote had the election been held on the day when it ought to have been held.

(3) Vacancies in the board of directors shall be filled in Vacancies how the manner prescribed by the by-laws.

to be filled up.

to be a Director.

(4) No person shall be a director unless he is a shareholder, Who qualified owning stock absolutely in his own right, and qualified to vote for directors at the election at which he is chosen.

(5) The number of votes to which each shareholder shall be Votes to be in entitled on every occasion when the votes of the members are shares. proportion to to be given, shall be in proportion to the number of shares held by him, unless otherwise provided by the special Act.

proxy.

(6) All shareholders, whether resident in this Province or Shareholders elsewhere, may vote by proxy, if they see fit, provided such may vote by proxy produces from his constituent an appointment in writing, in the words or to the effect following, that is to say:

I,

of the

of

of

do hereby appoint

one of the Shareholders

to be my proxy, and in my absence to vote

or give my assent to any business, matter or thing relating to the said undertaking that may be mentioned or proposed at any meeting of the Shareholders of the said Company, in such manner as he the said

thinks proper.

In witness whereof, I have hereunto set my hand and seal, the day of in the year

proxy to be

(7) The votes by proxy shall be as valid as if the principals Votes by had voted in person; and every matter or thing proposed or valid. considered in any public meeting of the shareholders shall be determined by the majority of votes and proxies then present and given, and all decisions and acts of such majority shall bind the company, and be deemed the decisions and acts of the company.

office of direc

(8) The directors first appointed, or those appointed in their Term of stead, in case of vacancy, shall remain in office until the next tors. annual election of directors at the time appointed therefor, at which time an annual general meeting of the shareholders shall be held to choose directors for the ensuing year, and generally to transact the business of the company.

supplied.

(9) In case of the death, absence or resignation of any of Vacancies how the directors, others may be appointed in their stead by the surviving directors; but if such appointment is not made, such death, absence or resignation shall not invalidate the acts of the remaining directors.

(10) The directors shall, at their first or at some other meet- President. ing, after the day appointed for the annual general meeting, elect one of their number to be the president of the company, who shall, always, when present, be the chairman of and preside at all meetings of the directors, and shall hold his office. until he ceases to be a director, or until another president has been elected in his stead; and they may in like manner elect Vice-Presia vice-president, who shall act as chairman in the absence of dent. the president.