worked by such companies respectively, and for the return of the forwardcarriages, trucks, and other vehicles. ding of traffic. given. No company shall give or continue any preference or advan- No prefer tage to, or in favor of any particular company, or any parti- ences to be cular description of traffic, in any respect whatsoever, nor shall any company subject any particular company or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever. traffic. Every railway company, having or working a railway, which Facilities for forms part of a continuous line of railway, or which intersects any other railway, or which has any terminus, station, or wharf of the one near any terminus, station or wharf of the other, shall afford all reasonable facilities for receiving and forwarding by the one railway all the traffic arriving by the other, without any unreasonable delay, and without any preference or advantage, or prejudice or disadvantage, so that no obstruction may be offered in the using of such railway as a continuous line of communication, and so that all reasonable accommodation may, at all times, by the means aforesaid, be mutually afforded by and to the said railway companies. Any agreement made between any two or more railway com- Agreements panies contrary to the foregoing provisions shall be unlawful, made in connull and void. 43-44 V., c. 43, s. 59 § 2. travention to be void. ties to all forward 3. Any railway companies, granting any facilities to any Must grant incorporated express company, shall grant equal facilities, on equal faciliequal terms and conditions, to any other incorporated express express company demanding the same. 43-44 V., c. 43, s. 59 § 3. companies. 4. If any officer, servant or agent of any railway company, hav- Penalties on ing the superintendence of the traffic at any station or depot companies or thereof, refuse or neglect to receive, convey or deliver at any refusing or station or depot of the company for which they may be destined, neglecting to any passenger, goods or things, brought, conveyed or delivered traffic as to him or such company, for conveyance over or along its above requirrailway from that of any other company, intersecting or coming near to such first mentioned railway, or in any way wilfully contravenes the provisions of the second paragraph of this article, such first mentioned railway company, or such officer, servant or agent, personally, shall, for each such neglect or refusal, incur a penalty not exceeding fifty dollars over and above the actual damages sustained. ed. Such penalty may be recovered with costs, in a summary How recovermanner, before any justice of the peace, by the railway com- able and how pany or any other party aggrieved by such neglect or refusal, applied. and to and for the use and benefit of the company, or other parties so aggrieved. 43-44 V., c. 43, s. 59 § 4. tion of word 5. For the purposes of the four next preceding paragraphs: InterpretaThe word "traffic," includes not only passengers and their "traffic." baggage, goods, animals and things conveyed by railway, but also cars, trucks and vehicles of any description adapted for running over any railway. The word "railway" includes all stations and depots of the "Railway." railway, and a railway shall be deemed to come near another Contract of tion to be ap- Publication when some part of the one is within one mile of some part of the other. 43-44 V., c. 43, s. 59 § 5. 6. Whenever a railway company, under its charter, has the power of amalgamating by deed of agreement with another company, the deed of agreement effecting such amalgamation, after having been drawn up and passed by such companies, shall be transmitted to the Lieutenant-Governor in Council for his approval. Such approval shall be made known to the public by of approval. means of a notice signed by the Provincial Secretary and published in the Quebec Official Gazette. 43-44 V., c. 43, s. 59 § 6. Coustables may be ap $22.-Railway Constables. 5208. Any judge of the Court of Queen's Bench or of the Supointed to act perior Court, or clerk of the court, or clerk of the peace, or clerk on the line of of the Crown, or judge of the sessions of the peace, on the appliany railway. cation of the board of directors of any railway company, whose railway passes within the local jurisdiction of such justices of the peace, judge, clerk, or judge of the sessions of the peace, as may be, or on the application of any clerk or agent of such company, thereto authorized by such board, may, in their or his discretion, appoint any persons, recommended to them for that purpose by such board of directors, clerk or agent, to act as constables on and along such railway. Oath of office. By whom to be Powers of such constables. To what localities they shall extend. Every person so appointed shall take an oath or make a solemn declaration in the form or to the effect following, that is to say: "I, A. B., having been appointed a constable to act upon and "along (here name the railway) under the provisions of (here "insert the title of this section), do swear that I will well and "truly serve Our Sovereign Lady the Queen, in the said office "of constable, without favor or affection, malice or ill-will, and "that I will, to the best of my power, cause the peace to be "kept, and prevent all offences against the peace, and that, while I continue to hold the said office, I will, to the best of "my skill and knowledge, discharge the duties thereof faith"fully, according to law: So help me God." 43-44 V., c. 43, s. 60 § 1. 2. Such oath or declaration shall be administered by any administered. such judge, clerk, or judge of the sessions of the peace. Every constable so appointed, and having taken such oath or made such declaration, shall have full power to act as a constable for the preservation of the peace, and for the security of persons and property against felonies and other unlawful acts, on such railway and on any of the works belonging thereto, and on and about any trains, roads, wharves, quays, landing-places, warehouses, lands and premises belonging to such company, whether the same be in the county, city, town, parish, district or other local jurisdiction within which he was appointed, or on any other place through which such railway passes, or in which the same terminates, or through or to which any railway passes which may be worked or leased by such railway company and in all places not more than one-quarter of a mile distant from such railway. Such constable shall have all such powers, protection and Powers, &c., privileges for the apprehending of offenders, as well by night of constables. as by day, and for doing all things necessary for the prevention, discovery and prosecution of felonies and other offences, and for keeping the peace, which any constable duly appointed has within his jurisdiction as such constable. powers of It shall be lawful for any such constable to take such person Further as may be punishable by summary conviction for any offence duties and against the provisions of this section, or of any of the acts or by- such conlaws affecting any such railway, before any justice or justices of stables. the peace appointed for any county, city, town, parish, district or other local jurisdiction, within which any such railway may pass. Every such justice of the peace shall have authority to Power of jusdeal with all such cases, as though the offence had been com- tice. mitted and the person taken within the limits of his own local jurisdiction. 43-44 V., c. 43, s. 60 § 2. stables by 3. Any judge of the Court of Queen's Bench or of the Superior Dismissal of Court, or clerk of the peace, or clerk of the Crown, or judge of such conthe sessions of the peace may dismiss any such constable, who judge. may be acting within their several jurisdictions. The board of directors of such railway company, or any clerk Dismissal by or agent of such company thereto authorized by such board, may company. dismiss any such constable who may be acting on such railway. Upon every such dismissal, all powers, protection and privi- Re-appointleges, belonging to any such person by reason of such appoint- ment." ment, shall wholly cease. No person so dismissed shall be again appointed or act as Effect of constable for such railway without the consent of the authority dismissal. by which he was dismissed. 43-44 V., c. 43, s. 60 § 3. 4. Every such railway company shall cause to be recorded in Record of apthe office of the clerk of the peace for every county, city, town, &c., of such pointments. parish, district, or other local jurisdiction, wherein such railway constables to or railways may pass, the name and designation of every be kept. constable so appointed at their instance, the date of his appointment, and the authority making it, and also the fact of every dismissal of any such constable, the authority making it and the date thereof, within one week from such appointment or dismissal, as the case may be. The clerk of the peace shall keep such record in a book, to be How kept. open to public inspection, charging only such fee as the Railway Committee may, from time to time, authorize, and in such form as the Committee may, from time to time, direct. 43-44 V., 43, s. 60 § 4. of constables 5. Every constable, who is guilty of any neglect or breach of Punishment duty in his office of constable, shall be liable, on summary con- for neglect of viction thereof, within any county, city, district, or other local duty. juridisdiction. wherein such railway may pass, to a penalty of not more than eighty dollars, the amount of which penalty may be deducted from any salary due to such offender, if such constable be in receipt of a salary from the railway company, or to Punishment of persons re imprisonment, for not more than two months, in the gaol of such county, city, district, or other local jurisdiction. 43-44 V.,. c. 43, s. 60 § 5. 6. Every person who assaults or resists any constable sisting them. appointed as aforesaid, or who incites any person to assault or resist any constable in the execution of his duty, shall, for every such offence, be liable, on summary conviction, to a penalty of not more than eighty dollars, or to imprisonment, for not more than two months. 43-44 V., c. 43, s. 60 § 6. Penalty on persons obstructing free use of railway. Penalty on persons damaging railway. § 23.-Penalties and their Application. 5209. Any person who, by any means or in any manner or way whatsoever obstructs or interrupts the free use of the railway, or the cars, carriages, vessels, engines or other works incidental or relative thereto, or connected therewith, shall, on conviction thereof, be punished by imprisonment, in the common gaol of the district where the conviction takes place, for any term less than two years. 43-44 V., c. 43, s. 84. 5210. All persons wilfully breaking, throwing down, damaging or destroying the railway, or any part thereof, or any building, station, depot, wharf, vessel, fixture, machinery or other work incidental thereto, or obstructing or interrupting the free use of the railway, vessels or cars, or obstructing, hindering or preventing the carrying on, completing and maintaining the railway, vessels or other works, shall, unless the offence comfelony under mitted amounts, under any law, to felony, be liable on conviction to be punished in the manner prescribed by the preceding article. 43-44 V., c. 43, s. 85. Penalty if offence not other acts. Punishment of persons wilfully damaging rail way. Placing obstructions 5211. If any person wilfully displace or remove any railway-switch or rail of any railway, or break down, rip up, injure or destroy any railway track, or railway bridge or fence of any railway or any portion thereof, or place any obstruction whatsoever on any such rail or railway track, bridge, or fence he shall be punished by imprisonment, in the common gaol of the territorial division, in which such offence is committed or tried, for any period not exceeding one year from conviction thereof. 43-44 V., c. 43, s. 86. 5212. Whosoever wilfully and unlawfully puts, places, casts or throws upon or across any railway any wood, stone or other on railway, removing matter or thing, or unlawfully takes up, removes or displaces any rails, moving rail, sleeper, or other matter or thing belonging to any railway, points, &c., how punor unlawfully turns, moves or diverts any point or other maishable. chinery belonging to any railway, or unlawfully makes or shows, hides or removes any signal or light upon or near any railway, shall be liable to be imprisoned, for any term less than twoyears, in the common gaol of the district in which the offence was committed or has been tried. 43-44 V., c. 43, s. 87. Punishment 5213. Whosoever wilfully does or causes to be done any act whatsoever, whereby any building, fence, construction or work for commitof any railway, or any engine, machine or structure of any ting any injury, railway, or any matter or thing appertaining to the same, is stoppage, &c. stopped, obstructed, impaired, weakened, injured or destroyed, shall be punished by imprisonment, for a period not exceeding one year, in the common gaol of the territorial division, in which the offence was committed or has been tried. 43-44 V., c. 43, s. 88. 5214. Every person who unlawfully bores, pierces, cuts, Punishment opens, or otherwise injures any cask, box or package, contain- of persons boring or cuting wine, spirits or other liquors, or any case, box, sack, ting casks or wrapper, package or roll of goods, in, on or about any car, packages. wagon, boat, vessel, warehouse, station, wharf, quay or premises of or belonging to any such railway company, with intent unlawfully to obtain or to injure the contents or any part thereof, or who unlawfully drinks or wilfully spills or allows to run to waste any such liquors, or any part thereof, shall, for every such offence, be liable, on summary conviction, before one or more justices of the peace, to a penalty of not more than twenty dollars, over and above the value of the goods or liquors so taken or destroyed, or to imprisonment for not more than one month. 43-44 V., c. 43, s. 89. 5215. Every person wilfully obstructing any inspecting Punishment engineer in the execution of his duty shall, on conviction before of persons a justice of the peace having jurisdiction in the place where inspectors in obstructing the offence has been committed, incur a fine not exceeding the execution on their duty.. forty dollars, for every such offence, and in default of payment of any penalty so adjudged, immediately, or within such time as the said justice of the peace appoints, the justice of the peace, or any other justice of the peace, having jurisdiction in the place where the offender resides, may commit the offender to prison for any period not exceeding three months; but such commitment shall cease on payment of the amount of the penalty; and every such penalty shall be returned to the next ensuing sessions of the peace in the usual manner. 43-44 V., c. 43, s. 90. of officers 5216. If any officer or servant of, or person employed by Punishment any railway company, wilfully or negligently contravenes any contravening: by-law or regulation of the company, lawfully made and in by-laws. force, or any order or notice of the Railway Committee, or of the inspecting engineer, of which a copy has been delivered to him, or has been posted up or open to his inspection in some place where his work or his duties, or any of them, are to be performed, then, if such contravention cause injury to any property or to any person, or expose any property or any person to the risk of injury, or render such risk greater than it would have been without such contravention, although no actual injury occurs, the person convicted of such contravention shall, in the discretion of the court before whom the conviction is had, be punished by fine or imprisonment, so that no such fine |