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[20th April, 1891.] W HEREAS, by the “Fence Act,” cattle running at large and
straying into lands unprotected by a lawful fence are not considered to be trespassing, so that persons wishing to protect their lands are obliged to fence the same according to the provisions of the said Act:
And whereas Railways incorporated and working under the authority of the Legislature of this Province are obliged to fence against such cattle:
And whereas Railway Companies incorporated under the authority of the Parliament of Canada, or declared by the said Parliament to be for the general advantage of Canada or for the advantage of two or more of the Provinces, do not recognize any obligation on their part to fence against such cattle :
And whereas it is just that such Railway Companies should, in the absence of proper fences, be held responsible for cattle injured or killed on their railways by their engines or trains :
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1. Every Railway Company operating a Railway in this Province Railway Companies under the authority of the Parliament of Canada shall be liable in done to stock on damages to the owner of any cattle injured or killed on their Railway their railway. by their engines or trains, unless there be a fence on each side of the Railway similar to some one of the fences mentioned in Section 3 of the “Fence Act," or other fence of equal height, effectiveness and strength, and cattle guards at highway crossings sufficient to prevent cattle and
animals from getting upon the Railway, (the cattle so injured or killed having got upon the Railway by reason of there being no such fences, or in consequence of some defect therein); and in construing this section the liability of the Railway Company shall exist although the cattle may have been running at large or may have got upon the Railway by reason of the want of or a defect in fences from land where they were trespassing or into which they may have strayed or from any highway. And, further, it shall be no defence to the Railway Company to show that the land whence the cattle got upon the Railway was land owned by the Crown in right of British Columbia or in right of the Dominion of Canada.
Seo. 7 of “Fence 2. Section 7 of the “Fence Act” shall not apply to any dispute Act” does not apply. between the owner of any cattle and any such Railway Company.
Not liable for in- 3. No Company shall be responsible for injuring or killing cattle at juries done at high- the intersection of any highway with the Railway, unless wilfully or way crossings.
Meaning of “Cattle.”
4. “Cattle” in this Act shall have the same meaning as in section 2 of the “Fence Act.”
5. This Act may be cited as the “Cattle Protection Act, 1891."
VICTORIA, B. C :
ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as follows:
1. Section 22 of the “Civil Service Act” is hereby amended by inserting in line eight, between “M” and “A,” the words“ and except during the Summer months, when the office hours shall be such as are fixed by the Provincial Secretary."
2. Section 24 of the said Act is hereby repealed.
VICTORIA, B. C. :
An Act to Amend the “Companies Act, 1890.”
[20th April, 1891.]
lative Assembly of the Province of British Columbia, enacts as
1. On the formation of a Company under the provisions set forth in Memorandum of As-
2. The directors of any Company already incorporated under the By-law for creating
8. Upon the issue by any such Company of any new stock under Issue of preference