An Act to amend the "British Columbia Railway Act." HE [20th April, 1891.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. Sub-section (13) of section 20 of the "British Columbia Railway Amends sub-sec. (13) Act" is hereby amended by striking out the word "Victoria" in the of sec. 20. sixth line thereof, and inserting after the word "district," in the seventh line, the words "in which the head office of the company is situated." of sec. 20. 2. Sub-section (26) of section 20 of the said Act is hereby amended Amends sub-sec. (26) by striking out the word "Victoria" in the eighth line, and inserting after the word "district," in the same line, the words "in which the head office of the company is situated." 3. Sub-section (27) of section 20 of the said Act is hereby amended Amends sub-sec. (27) by striking out the words "of Victoria" in the fourth line, and substi- of sec. 20. tuting the words "in which the head office of the company is situated." 4. Section 30 of the "British Columbia Railway Act," exclusive of the sub-sections of said section 30, is hereby repealed, and the following substituted in lieu thereof : "30. When the Railway is in use, fences shall be erected and main- Fences to be erected tained on each side of the Railway the whole length thereof (whether length of the railthe adjoining land be owned by persons or corporations, or by the way. Crown in right of this Province, or in right of the Dominion of Canada, is occupied or unoccupied, or is a highway), of the height, effectiveness and strength of a lawful fence, as the same is defined in the 'Fence Act,' with gates therein at farm crossings of the Railway for the (AMENDMENT). Amends sub-sec. (3) of sec. 30. Repeals sec. 102 and substitutes: No right of action intersection of high way. 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, and no adjoining owner can release the Railway Company from the obligation to fence between his lands and the Railway." 5. Sub-section (3) of said section 30 of the "British Columbia Railway Act" is hereby amended by inserting after the word "made” in the first line the words "and while they are not duly maintained," and by adding to the end thereof the following words, viz.:-"Whether the same strayed, or came rightfully or wrongfully upon the land or highway from whence they got upon the Railway." 6. Section 102 of the same Act is hereby repealed, and the following substituted in lieu thereof, viz. : "102. No person, any of whose cattle being at large are injured or for cattle killed at killed at the intersection of any highway with the Railway, shall have any action against the Railway Company in respect of the same being so injured or killed, unless negligently or wilfully done, and the word 'cattle' in this section, as well as throughout the whole of this Act, shall include the animals mentioned in section 2 of the Fence Act.'" 7. This Act may be cited as the "Bristish Columbia Railway Act Amendment Act, 1891." Short title. VICTORIA, B. C. : Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. An Act to amend the "Columbia and Kootenay Railway [20th April, 1891.] H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. Section 3 of the "Columbia and Kootenay Railway Subsidy Amends sec. 3. Act, 1890," hereinafter styled the principal Act, is hereby amended by striking out the words "four miles in length by four miles in breadth" in the fourth line thereof, and by adding to the section the following sub-section : of land. "(a.) Every such block of land as aforesaid shall, except as herein- Area of each block after mentioned, contain an area of not less than two miles square, and the shore line of any lake or stream may be taken as a boundary line for one or more sides of any such blocks, and when so taken the area of any such blocks may be less than the aforesaid area, but when a block of less than two miles square is obtained under the provisions of this sub-section, the block shall be considered as containing the full quantity of two miles square for the purpose of making up the total area of two hundred thousand acres to which the Company is entitled under the provisions of the principal Act." 2. In all cases except as to lands surrounding and within three miles Except in certain of the townsite of Nelson, and as to lands surrounding and within cases, pre-empted lands may be in three miles of the terminus of the railway on the Columbia River, the cluded in the block. blocks to be reserved must be exclusive of and may not include any lands which may have been purchased or pre-empted before the passage Repeals sec. 6. Lands to be granted subject to reserva GRANT (AMENDMENT). of this Act, but in the cases of the land so surrounding the townsite of Nelson and the said terminus of the Columbia River, the area may include such purchased or pre-empted lands for the purpose only of ascertaining the extent of any block so surrounding the said townsite or terminus as aforesaid, and in any such case where purchased or preempted lands are included for the purpose of making up the area, the block shall be deemed to be a block of two miles square, and the Company shall not be entitled to any additional allowance for the lands which have been so purchased or pre-empted. 3. Section 6 of the principal Act is hereby repealed, and in lieu thereof the following shall be substituted : "6. The lands so to be granted to the Company shall be granted tions in "Land Act," subject to the reservations provided by form number 7, as contained in and to right of free the schedule to the 'Land Act,' as amended by section 11 of the 'Land Act Amendment Act, 1891,' and subject to the right of free miners as defined by the Mineral and Placer Mining Acts respectively." miners. Lands to be selected within one year. Repeals sec. 7. Extent of land warrant. Government reserve of townsite of Nel son. Ditto. 4. The Company shall within one year after the passing of this Act, select the lands which they require, and the same shall, where practicable, be surveyed in accordance with the land laws of the Province: Provided, always, that it shall be lawful for the LieutenantGovernor in Council to extend the time for such selection to a further period not exceeding one year. 5. Section 7 of the principal Act is hereby repealed, and in lieu thereof the following shall be substituted : "7. Every land warrant except one, which may be for three hundred and twenty acres, shall be for not less than two thousand five hundred and sixty acres, and every land warrant may be transferable to other persons, and shall entitle the holder thereof upon surrender of the warrant to the Chief Commissioner of Lands and Works to receive a Crown grant of the lands applied for by virtue of such warrant." 6. Section 11 of the principal Act is hereby amended by adding immediately after sub-section (b) the following sub-sections, viz. :— "(c.) Such portion of the Government reserve of the townsite of Nelson, viz., Lot 95, Group 1, adjacent to and between the portion sold and the lake shore, as shall equal the area which has already been sold by the Government: "(d.) One-half of the remainder of the said reserve to be selected in alternate blocks of equal size: Provided always, that one-half the expense of the surveys and maps of the aforesaid lands in the townsite of Nelson shall be borne and paid by the Company." GRANT (AMENDMENT). 7. The words “Kootenay District" wherever appearing in the said Meaning of "Kootenay District." Act shall mean and include the West Kootenay Electoral District and the East Kootenay Electoral District, as defined by the "Constitution Amendment Act, 1890." serves. 8. The Lieutenant-Governor may by Order in Council from time to Cancellation of retime cancel the reserve of all or any of the blocks of land heretofore reserved under the principal Act, and may make other reserves under the said Act as amended by this Act, but the Order in Council providing for the concellation of the reserves shall not take effect until published for three months in the British Columbia Gazette. 9. This Act shall not come into operation until a day to be fixed by When Act shall come order of the Lieutenant-Governor in Council, notice of which shall be into operation. published in the British Columbia Gazette. 10. This Act may be cited as the "Columbia and Kootenay Railway Short title. Act Amendment Act, 1891." VICTORIA, B. C.: Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty. |