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costs (which costs to be taxed by the Justice, but in no case to exceed Ten Shillings) be not forthwith paid upon conviction, the convicting Justice may in his discretion cause the same to be levied by distress and sale of the goods and chattels of the offender by Warrant under his hand and seal, or may commit the offender to the common gaol of the place, for any period not exceeding one month, or until the penalty be paid ; and one moiety of such penalty shall belong to the Crown for the public uses of the Province, and the other moiety shall belong to the prosecutor, unless he shall have been examined as a witness to prove the offence, in which case the whole shall belong to the Crown for the uses aforesaid.
XV. And be it enacted, That if any Census Commissioner or Enumerator shall Penalty on Census wilfully disobey or contravene any of the provisions of this Act, or wilfully make any Officers or Enumera
tors this false declaration or return under the same, he shall be guilty of a misdemeanor, and Act. shall on conviction thereof be liable to a penalty not exceeding Twenty-five Pounds nor less than Five Pounds, in the discretion of the Court before whom the conviction shall be had, and to imprisonment until such penalty be paid; and such penalty shall belong to the Crown for the public uses of the Province.
XVI. And be it enacted, That the power of appointing any Officer under this Act Power of removal shall include the power of removing him and appointing another in his stead ; that any What shall be eviletter purporting to be signed by the Secretary of the Province, and notifying the appoint- dence of appointment or removal of any Census Commissioner, or any letter purporting to be signed by ments
, instructions, any Census Commissioner notifying the appointing or removal of any Enumerator, or conveying any instruction to him, or any letter purporting to be signed by the Secretary of the Board of Registration and Statistics conveying any instructions, shall be respectively prima facie evidence of such appointment, removal or instructions, and that such letter was addressed to the person to whom it purports to be addressed.
XVII. And be it enacted, That each of the said Census Commissioners shall receive Allowance to Census an allowance for his services, not exceeding the rate of Twelve Shillings and Six Pence Officers ; per diem for the time during which he shall be actually occupied in his official duties; and that each of the said Enumerators shall receive an allowance not exceeding the following rates, viz:
At the rate of Ten Shillings for every hundred persons by him returned when such And to Enumerators. persons reside in the Country parts; but with power to the said Board of Registration and Statistics to increase the said rate to a sum not exceeding Fifteen Shillings for every hundred persons returned, in cases where, from the dispersed situation of the houses, they shall be of opinion that such additional allowance ought to be made ; and to a sum not exceeding Twenty Shillings for every fifty persons returned, in cases where the population shall not exceed three hundred persons in an area of ten miles square, proportioning such allowance as far as possible to the labor required of the Enumerator; and when such persons reside in any City or incorporated Town, then at the rate aforesaid for the first three thousand persons returned by him, and at the rate of Ten Shillings for every three hundred persons returned by him over three thousand ; and the said
; allowance having been fixed by the said Board, shall be paid to the persons
entitled thereto, in such manner as the Governor in Council shall direct: Provided that such Proviso. allowance shall not in any case be payable until the services hereby required of the person receiving it shall have been faithfully and fully performed: And the said Allowances how paid. allowance and all expenses to be incurred by the said Board in carrying this Act into effect, shall be paid out of the Consolidated Revenue Fund of this Province. XVIII. And be it enacted, That a full Report of all things done under this Act, and
Report to be laid bean Account of all moneys expended under the authority thereof, shall be laid before fore Parliament. the Provincial Parliament within the first fifteen days of the then next Session thereof.
XIX. And be it enacted, That the word “ House,” in this Act, shall include all Interpretation, vessels, and other dwellings or places of abode of any kind.
XX. And be it enacted, That if at any time it shall appear to the Governor in The Governor may Council that, from any cause, the Census cannot be taken in any County in alter the month by the month of January when it ought to be taken in pursuance of this Act, it shall be
lawful for His Excellency in Council, by Proclamation to be published in the Canada
CA P. L.
[ 30th August, 1851. ) Act 7 Vict. c, 6, re- BE
E it enacted by the Queen's Most Excellent Majesty, by and with the advice pealed.
and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Act passed in the seventh year of the Reign of Her present Majesty Queen Victoria, chaptered six, and intituled, An Act to restrain Party Processions in certain cases, be, and the said Act is hereby repealed.
[ 30th August, 1851. ] Preamble.
THEREAS it is expedient to establish a general and uniform system for the
construction and management of all Rail-ways hereafter to be undertaken in Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same,
That this Act shall apply to every Rail-way which shall by any Act which shall bereafter any Rail-way to be hereafter constructed. be passed be authorized to be constructed, and this Act shall be incorporated with
such Act; and all the clauses and provisions of this Act, save in so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such
Act, form part of such Act, and be construed together therewith as forming one Act. Name by which it
II. And be it enacted, That in citing this Act, in any Special Rail-way Act and in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression, “ The Rail-way Clauses Consolidation Act.”
ÍII. And be it enacted, That for the purpose of making any incorporation of this cient in making an incorporation of this
Act with Special Acts hereafter to be passed, it shall be sufficient in any such Acts to Act with Special Acts, enact, that the Clauses of this Act, with respect to the matter so proposed to be
incorporated, describing such matter as it is described in this Act, in the word or words at the head of and introductory to the enacment with respect to such matter, shall be incorporated with such Acts, and thereupon all the Clauses and provisions of this Act, with respect to the matter so incorporated shall, save in so far as they shall be expressly varied or excepted by such Acts, form part thereof, and such Acts shall be construed as if the substance of such Clauses and provisions were set forth therein with reference to the matter to which such Acts shall relate.
shall be cited.
What shall be suffi.
IV. And be it enacted, That the power given by the Special Act to construct the Power to construct Rail-way, and to take lands for that purpose, shall be exercised subject to the provisions Rail-way, : to be and restrictions contained in this Act, and compensation shall be made to the owners provisions of this Act. and occupiers of and all other parties interested in any such lands so taken or injuriously affected by the construction of the Rail-way, for the value and for all damages sustained by reason of such exercise, as regards such lands, of the powers by this or the Special Act, or any Act incorporated therewith, vested in the Company; and, except where otherwise provided by this Act or the Special Act, the amount of such compensation shall be ascertained and determined in the manner provided by this Act. V. And be it enacted, That any Company desirous to obtain a Special Act for the
Deposit of Stockconstruction of a Rail-way, shall deposit with the Secretary of the Province, previous Book in Provincial to the application to the Legislature, a copy of their Stock-Book, showing the number Sccretary's Oflice by of their subscribers, and the actual bona fide amount of the subscriptions, and that at of obtaining Special least one quarter of the intended Capital has been actually subscribed, the truth whereof shall be supported by the affidavit or solemn affirmation, as the case may be, of two of the Directors or Shareholders of the Company, and the Company shall also at the same time deposit with the said Secretary a Certificate of the Cashier of some Chartered Bank in this Province, of the deposit therein of a sum equal to ten per cent upon the amount of subscriptions, with authority to the said Secretary to control the withdrawal of the said deposit for such time as the Secretary may think proper, not longer than six months after the Rail-way shall have been actually commenced and proceeded with.
VI. And be it enacted, That no Bill for a Special Act for the allowance or establish- No Bill to be received ment of a Rail-way shall be received by the Legislature unless and until there shall be by Legislature unless deposited with the Clerks of both Branches, a Certificate from the Secretary of the of Stock-Book, &c, be Province, that the Company applying has complied in all respects with the requirements produced there resof the next preceding Clause.
INTERPRETATION. VII. And with respect to the construction of this Act, and of any Special Act, and Interpretation of of other Acts to be incorporated therewith, Be it enacted as follows:
Firstly. The expression “ the Special Act,” used in this Act, shall be construed to «The Special Act.. mean any Act which shall be hereafter passed, authorizing the construction of a Rail-way, and with which this Act shall be so incorporated as aforesaid; and the word "prescribed," "Prescribed.” used in this Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the Special Act; and the sentence in which such word shall occur shall be construed as if, instead of the word "prescribed,” the expression “ prescribed for that purpose in the Special Act” had been used ; and the expression “the lands” shall mean the lands which shall by the “ The lands.” Special Act be authorized to be taken or used for the purpose thereof; and the expression “ the undertaking ” shall mean the Rail-way and works, of whatever “The undertaking.” description, by the Special Act authorized to be executed.
Secondly. The following words and expressions, both in this and the Special Act, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say:
The word " Lands” shall include all real estate, messuages, lands, tenements and "Lands.” hereditaments of any tenure: The word “ Lease” shall include any agreement for a lease:
"Lease." The word “ Toll” shall include any rate or charge or other payment payable under this Act or the Special Act for any passenger, animal, carriage, goods, merchandize, articles, matters or things conveyed on the Rail-way:
The word “Goods” shall include things of every kind conveyed upon the Rail-way, or upon Steam or other vessels connected therewith :
The expression “Superior Courts” shall mean the Courts of Chancery, Queen's "Superior Courte." Bench and Common Pleas in Upper Canada, and the Superior Court in Lower Canada, as the case may be a
The word “County" shall include any union of Counties, County Riding, or like division of a County in the Province or any division thereof into separate Munici
palities in Lower Canada : " Highways." The word “Highways” shall mean all public roads, streets, lanes, and other public
ways and communications :
The word “Sheriff” shall include Under Sheriff, or other legal competent Deputy ;
and where any matter in relation to any lands is required to be done by any Sheriff or "Clerk of the Peace.” Clerk of the Peace, the expression “the Sheriff,” or the expression “Clerk of the Peace,"
shall in such case be construed to mean the Sheriff or Clerk of the Peace of the District, County, Riding, Division, or place where such lands shall be situate; and if the lands in question, being the property of one and the same party, be situate not wholly in one District, County, Riding, Division, or place, the same expression shall be construed to mean the Sheriff or Clerk of the Peace of any such District, County,
Riding, Division, or place where any part of such lands shall be situate : " Justice.”
The word “ Justice” shall mean Justice of the Peace acting for the District, County, Riding, Division, City or place where the matter requiring the cognizance of any such Justice shall arise, and who shall not be interested in the matter; and where such matter shall arise in respect of lands being the property of one and the same party, situate not wholly in any one District, County, Riding, Division, City or place, shall mean a Justice acting for the District, County, Riding, Division, City, or place where any part of such lands shall be situate, and who shall not be interested in such matter;
and where any matter shall be authorized or required to be done by two Justices, the I! Two Justices," expression “two Justices” shall be understood to mean two Justices assembled and
Where, under the provisions of this Act or the Special Act, any notice shall be required
to be given to the owner of any lands, or where any act shall be authorized or required " Owner.”
to be done with the consent of any such owner, the word "owner” shall be understood to mean 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 expression “the Company” shall mean the company or party which shall be
authorized by the Special Act to construct the Rail-way. 1 The Rail-way.” The expression the Rail-way” shall mean the Rail-way and works by the Special
Act authorized to be constructed:
The word "clause” shall mean any separate section of this Act, or any other Act therein referred to, distinguished by a separate number :
The word, “Shareholder” shall mean every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the
Shareholder. Interpretation Act to
Thirdly. The Interpretation Act of this Province shall, in so far as the provisions apply.
thereof shall apply hereto, be deemed to form part hereof in the particulars not provided herein.
INCORPORATION. Companies establish- VIII. And be it enacted, That every Company established under any Special Act ed under Special Acto, shall be and is hereby declared to be a body corporate under such name as shall be corporate, &c. declared in the Special Act, and shall be and is hereby invested with all the powers,
privileges and immunities which are or may be necessary to carry into effect the intentions and objects of this Act and of the Special Act therefor, and which are incident to such Corporation, as are expressed or included in the Interpretation Act of this Province.
IX. And be it enacted, That the Company shall have power and authority :
Firstly. To receive, hold and take all voluntary grants and donations of land or other To receive grants of property which shall be made to it, to aid in the construction, maintenance and land, &c; accommodation of the Rail-way, but which shall be held and used for the purpose of such grants or donations only.
Secondly. To purchase, hold and take of any Corporation or person any land or other Purchase land; property necessary for the construction, maintenance, accommodation and use of the Rail-way, and also to alienate, sell or dispose of the same.
Thirdly. To take, use, occupy and hold, but not to alienate except by way of lease, Occupy beaches; so much of the public beach or of the land covered with the waters of any river or lake in this Province as may be required for the Rail-way, doing no damage to, nor causing any obstruction in the navigation of the said rivers or lakes, provided that the lease shall be conditioned not to extend beyond the time during which such beach or land is required for the Rail-way. Fourthly. To make, carry or place the Rail-way across or upon the lands of any Carry Rail-way across
lands of Corporation, Corporation or person whomsoever on the line of the Rail-way, or within the distance &c; from such line as may be stated in the Special Act, although the name of such party be not entered in the Book of Reference hereinafter mentioned, through error or any other cause, or although some other party be erroneously mentioned as the owner of or entitled to convey, or be interested in such lands.
Fifthly. To construct, maintain and work the Rail-way across, along, or upon any And across or along stream of water, water course, canal, highway or rail-way which it shall intersect or streams, &c ; touch ; but the stream, water course, highway, canal or rail-way so intersected or touched, shall be restored by the Company to its former state, or to such state as not to have impaired its usefulness.
Sixthly. To make, complete, alter and keep in repair the Rail-way with one or more Complete Rail-way sets of rails or tracks to be worked by the force and power of steam, or of the with one or more
; atmosphere, or of animals, or by mechanical power, or by any combination of them.
Seventhly. To erect and maintain all necessary and convenient buildings, stations, Erect necessary builddepots, wharves and fixtures, from time to time to alter, repair or enlarge the same, and ings, wharves, &c; to purchase and acquire stationary or locomotive engines and carriages, waggons, floats and other machinery and contrivances necessary for the accommodation and use of the passengers, freights and business of the Rail-way.
Eighthly. To make branch Rail-ways, if required and provided by the Special Act, Branch Rail-ways ; and to manage the same, and for that purpose to exercise and possess all the powers, privileges and authorities necessary therefor, in as full and ample a manner as for the Rail-way.
Ninthly. To construct, erect and make all other matters and things which shall be All other matters and necessary and convenient for the making, extending and using of the Rail-way, in things necessary for
Rail-way; pursuance of and according to the meaning and intent of this Act, and of the Special Act.
Tenthly. To take, transport, carry and convey persons and goods on the Rail-way, to convey persons and regulate the time and manner in which the same shall be transported, and the tolls and goods on Rail-way; compensation to be paid therefor, and to receive such tolls and compensation.
Eleventhly. To borrow from time to time, either in this Province or elsewhere, such Borrow money, &c; sums of money as may be expedient for completing, maintaining and working the Rail-way, and at a rate of interest not exceeding eight per cent. per annum, and to make the Bonds, Debentures or other securities granted for the sums so borrowed, payable either in currency or in sterling, and at such place or places within this Province or without as may be deemed advisable, and to sell the same at such prices or discount as may be deemed expedient, or as shall be necessary, and to hypothecate, mortgage or pledge the lands, tolls, revenues and other property of the Company for the due 240