55-56 VICTORIA. CHAP. 26. An Act to amend "The Canada Temperance Amendment Act, 1888." [Assented to 12th April, 1892.] Section 11 of c. 35 of 1888 repealed. Sale of certain articles not prohibited. Officinal preparations. Patent medicines. Perfumery, &c. Methylated spirits. Alcohol for certain pur H ER Majesty, by and with the advice and consent of the follows: 1. Section eleven of chapter thirty-five of the Statutes of 1888, intituled The Canada Temperance Amendment Act, 1888, is hereby repealed and the following substituted therefor : "11. Nothing in The Canada Temperance Act shall be held to interfere with the purchase or sale, by legally qualified physicians, chemists or druggists, of the following articles, that is to say: "(a.) The officinal preparations of the authorized pharmacopoeias when made of full medicinal strength and sold only for medicinal purposes; "(b.) Any patent medicine, unless such patent medicine is known to the vendor to be capable of being used as a beverage, the sale of which is a violation of The Canada Temperance Act; "(c.) Eau de Cologne, bay rum, or other articles of perfumery lotions, extracts, varnishes, tinctures or other pharmaceutical preparations containing alcohol, but not intended for use as beverages; "(d.) Methylated spirits for pharmaceutical, chemical or mechanical uses; "(e.) Spirituous liquors or alcohol for exclusively medicinal poses and sub- purposes, or for bona fide use in some art, trade or manufacject to certain ture; provided that such spirituous liquor or alcohol, when regulations. sold for medicinal purposes, shall not exceed in quantity ten ounces at any one time, and shall be removed from the premises, and that the sale thereof be made on the certificate or prescription of a legally qualified physician, affirming that such liquor or alcohol has been prescribed for the person named therein; provided also, that when such sale is for its use in some art, trade or manufacture, such sale shall be made only 1892. Canada Temperance Act, 1888, amended. Chap. 26. on a certificate signed by two justices of the peace of the good faith of the application, accompanied by the affirmation of the applicant that such liquor or alcohol is to be used only for the purposes set forth in the application; provided further, that the vendor shall file all such certificates and prescriptions, and shall record every such sale in a book kept for that purpose, giving the name and address of the purchaser, the quantity of liquor or alcohol so sold, the name and address of the physician prescribing it, and of the person for whom it is prescribed, and of the justices whose names are appended to the certificate above referred to, and of the pin pose for which the liquor or alcohol is prescribed; and the said file and book shall be kept for inspection by the inspector for the county or district at all proper times; and the vendor shall make an annual return of all such sales on the thirty-first day of Decem ber in every year to the collector of inland revenue within whose revenue division the county or district is situated." . OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. Section 77 repealed. Company not trusts, &c. H 55-56VICTORIA. CHAP. 27. An Act further to amend the Railway Act. [Assented to 9th July, 1892.] ER Majesty, by and with the advice and consent of the follows: 1. The paragraph lettered (q) of section two of The Railway, Act, chapter twenty-nine of the Statutes of 1888, is hereby repealed and the following substituted therefor: "(q.) The expression railway' means any railway which the company has authority to construct or operate, and includes all stations, depots, wharfs, rolling stock, equipment, property, and works connected therewith, and also any railway bridge or other structure which the company is authorized to construct under a special Act;" 2. Section seventy-seven of the said Act is hereby repealed, and the following substituted therefor : "77. The company shall not be bound to see to the execubound to see to tion of any trust, whether express, implied or constructive, to which any share or security issued by it is subject, and whether or not the company has had notice of the trust; and it may treat the registered holder as the absolute owner of any such share or security, and, accordingly, shall not be bound to recognize any claim on the part of any other person whomsoever, with respect to any such share or security, or the dividend or interest payable thereon: Provided, that nothing herein contained shall prevent a person equitably interested in any such share or security from procuring the intervention of the court to protect his rights." Proviso. Section 90 amended. Declaration as 3. The paragraph lettered (s), added by section one of chapter twenty-eight of the Statutes of 1890, to section ninety of the said Act, is hereby repealed and the following substituted therefor : "(s.) Any company which has obtained from the Crown by way of subsidy or otherwise, in respect of the construction or operation of its railway, a right to any land or to an interest in land, has, and from the time of obtaining such right has had, as incident to the exercise of its corporate powers, authority to acquire, sell or otherwise dispose of the same or any part or parts thereof; and such company may convey the same, or any part or parts thereof, to any other company which has entered into any undertaking for the construction or operation, in whole or in part, of the railway in respect of which such land or interest in land was given; and thereafter such other company shall have, in respect of such land or interest in land, the same authority as that of the company which has so conveyed it; and as to any lands given to the company by any corporation or other party, as aid towards, or as consideration in whole or in part for, the construction or operation of the company's railway, either generally or with respect to the adoption of any particular route, or on any other account, the authority of the company and of any other company to which it may convey its right in any of the said lands shall be the same as if such lands had been obtained by the company from the Crown as aforesaid." 4. Subsection four of section ninety-three of the said Act is Section 93 amended by striking out the following words: "But no bonds amended. or debentures shall be issued until twenty per centum of the cost has been actually expended on the work.” 5. Section one hundred and seventy-three of the said Act is Section 173 hereby repealed and the following substituted therefor:- repealed. "173. The railway of any company shall not be crossed, in- Crossing subtersected, joined or united by or with any other railway, nor ject to approv al of Railway shall any railway be intersected or crossed by any street rail- Committee. way, electric railway or tramway, whether constructed under Dominion or provincial or municipal authority or otherwise, unless the place and mode of protection of the proposed crossing, intersection or junction or union are first approved by the Railway Committee, on application therefor, of which application ten clear days' notice in writing shall be given by the party or company desiring the approval, such notice to be sent by mail addressed to the president, general manager, managing director, secretary, or superintendent of the company whose railway is to be so crossed, intersected, joined or united; and in the case of crossing by street railways, electric railways or tramways respectively the said Railway Committee shall have the same powers in all respects as to the protection of such crossing and otherwise as are given the said Railway Committee by this Act in regard to one railway crossing another." 6. Section one hundred and ninety-seven of the said Act is Section 197 hereby repealed, and the following substituted therefor :repealed. "197. At every public road crossing at rail level of the rail- Fencing at way, the fence on both sides of the crossing and on both sides crossings. of the track shall be turned in to the cattle guards, so as to allow of the safe passage of trains." Section 255 amended. Exception in case of inter locking switches. Section 259 repealed. Rate of speed in cities, &c. Section 260 repealed. As to train moving reversely. Penalty. any 7. Section two hundred and fifty-five of the said Act is hereby amended by adding thereto the following subsection :"2. Wherever there is adopted or in use on any railway at such bridge an interlocking switch and signal system, or other device which, in the opinion of the Railway Committee, renders it safe to permit engines and trains to pass over such bridge without being brought to a stop, the said Committee may, by an order in writing, give permission for engines and trains to pass over such bridge without stopping, under such regulations, as to speed and other matters, as the said Committee deem proper; and the said Committee may at any time modify or revoke such order." 8. Section two hundred and fifty-nine of the said Act is hereby repealed, and the following substituted therefor : "259. 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 an hour, unless the track is fenced in the manner prescribed by this Act." 9. Section two hundred and sixty of the said Act is hereby repealed and the following substituted therefor :— 260. Whenever any train of cars is moving reversely in any city, town or village, the locomotive and tender being in the rear of such train, the company shall station on the last car in the train a person who shall warn persons standing on or crossing the track of such railway, of the approach of such engine, tender and train; and for every violation of any of the provisions of this section, or of any of the three sections next preceding, the company shall incur a penalty of one hundred dollars." OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |