C-14 - Railway Act

Section 6 Disposition versions

1993-11-01

6. The following words and expressions, both in this Act and in the charter, shall have the meanings hereby assigned to them, unless the subject or context otherwise requires;

(1)  The word “lands” shall include all real estate, messuages, lands, tenements and hereditaments held under any tenure;

(2)  The word “lease” shall include any agreement for a lease;

(3)  The word “toll” shall include any rate or charge or other payment, payable under this Act or the charter, for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway;

(4)  The word “goods” shall include things of every kind that may be conveyed upon the railway, or upon steam or other vessels connected therewith;

(5)  The word “county” shall include any county, any union of counties, or any division thereof into separate municipalities;

(6)  The word “highway” means all public roads, streets, lanes, and other public ways of communication;

(7)  The word “sheriff” shall include the deputy sheriff, the under-sheriff, or other legal competent delegate; and where a provision requires that something be done in relation to lands by a sheriff, the word “sheriff” shall be construed to mean the sheriff of the district where the lands are situated; and, if the lands in question, being the property of the same person, are not situated wholly in one district, the word shall mean the sheriff of any district where any part of such lands is situated;

(8)  The words “justice of the peace” mean a justice of the peace acting for the district where the matter requiring the cognizance of a justice of the peace arises, and who is not interested in the matter; and whenever the matter arises in respect of lands, being the property of the same person not wholly situate in any one district, such words shall mean a justice of the peace acting for the district where any part of such lands is situate, and who is not interested in such matter;

(9)  The word “owner”, “proprietor” or “property-owner”, wherever, under the provisions of this Act or the charter, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, means any corporation or person, who, under the provisions of this Act or charter, or any Act incorporated therewith, would be enabled to sell and convey lands to the company;

(10)  Subject to the provisions of section 167, the words “the company” mean the company or person authorized by the charter to build the railway;

(11)  Subject to the provisions of section 229, the words “the railway” mean the railway and the works authorized by the charter to be built or executed;

(12)  The word “shareholder” means every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the shareholder;

(13)  The words “working expenses” mean and include all expenses of maintenance of the railway and of the buildings, works and conveniences belonging thereto, and of the rolling and other stock and moveable plant used in the working thereof; all reasonable rents for property, or for lease of power or rolling stock; all usual expenses of or incidental to the working of the railway and the traffic thereon, including stores and consumable articles; rates, taxes, insurance and compensation for accident or losses, and all proper salaries and wages, and management expenses; all moneys owing by the company for any of the above items of expense; interest on mortgages or debentures; and a sum not exceeding 5 % per annum of the total mortgage indebtedness of the company to be placed to the credit of a special account or a sinking-fund for the purpose of extinguishing such indebtedness;

(14)  The words “first issue of stock” mean all stock subscribed for and allotted prior to the first meeting of shareholders of the company for organization and election of directors, and upon which at least 10 % has been paid.

R. S. 1964, c. 290, s. 6; 1990, c. 4, s. 137; 1992, c. 61, s. 103.

1990-10-01

6. The following words and expressions, both in this Act and in the charter, shall have the meanings hereby assigned to them, unless the subject or context otherwise requires;

(1)  The word “lands” shall include all real estate, messuages, lands, tenements and hereditaments held under any tenure;

(2)  The word “lease” shall include any agreement for a lease;

(3)  The word “toll” shall include any rate or charge or other payment, payable under this Act or the charter, for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway;

(4)  The word “goods” shall include things of every kind that may be conveyed upon the railway, or upon steam or other vessels connected therewith;

(5)  The word “county” shall include any county, any union of counties, or any division thereof into separate municipalities;

(6)  The word “highway” means all public roads, streets, lanes, and other public ways of communication;

(7)  The word “sheriff” shall include the deputy sheriff, the under-sheriff, or other legal competent delegate; and where any matter in relation to any lands is required to be done by any sheriff or clerk of the peace, the words “the sheriff” or the words “the clerk of the peace” shall, in such case, be construed to mean the sheriff or clerk of the peace of the district where such lands are situate; and, if the lands in question, being the property of the same person, be situate not wholly in one district, such words shall mean the sheriff or clerk of the peace of any district where any part of such land is situate;

(8)  The words “justice of the peace” mean a justice of the peace acting for the district where the matter requiring the cognizance of a justice of the peace arises, and who is not interested in the matter; and whenever the matter arises in respect of lands, being the property of the same person not wholly situate in any one district, such words shall mean a justice of the peace acting for the district where any part of such lands is situate, and who is not interested in such matter;

(9)  The word “owner”, “proprietor” or “property-owner”, wherever, under the provisions of this Act or the charter, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, means any corporation or person, who, under the provisions of this Act or charter, or any Act incorporated therewith, would be enabled to sell and convey lands to the company;

(10)  Subject to the provisions of section 167, the words “the company” mean the company or person authorized by the charter to build the railway;

(11)  Subject to the provisions of section 229, the words “the railway” mean the railway and the works authorized by the charter to be built or executed;

(12)  The word “shareholder” means every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the shareholder;

(13)  The words “working expenses” mean and include all expenses of maintenance of the railway and of the buildings, works and conveniences belonging thereto, and of the rolling and other stock and moveable plant used in the working thereof; all reasonable rents for property, or for lease of power or rolling stock; all usual expenses of or incidental to the working of the railway and the traffic thereon, including stores and consumable articles; rates, taxes, insurance and compensation for accident or losses, and all proper salaries and wages, and management expenses; all moneys owing by the company for any of the above items of expense; interest on mortgages or debentures; and a sum not exceeding 5 % per annum of the total mortgage indebtedness of the company to be placed to the credit of a special account or a sinking-fund for the purpose of extinguishing such indebtedness;

(14)  The words “first issue of stock” mean all stock subscribed for and allotted prior to the first meeting of shareholders of the company for organization and election of directors, and upon which at least 10 % has been paid.

R. S. 1964, c. 290, s. 6; 1990, c. 4, s. 137.

1977-12-31

6. The following words and expressions, both in this act and in the charter, shall have the meanings hereby assigned to them, unless the subject or context otherwise requires;

(1)  The word “lands” shall include all real estate, messuages, lands, tenements and hereditaments held under any tenure;

(2)  The word “lease” shall include any agreement for a lease;

(3)  The word “toll” shall include any rate or charge or other payment, payable under this act or the charter, for any passenger, animal, carriage, goods, merchandise, matters or things conveyed on the railway;

(4)  The word “goods” shall include things of every kind that may be conveyed upon the railway, or upon steam or other vessels connected therewith;

(5)  The word “county” shall include any county, any union of counties, or any division thereof into separate municipalities;

(6)  The word “highway” means all public roads, streets, lanes, and other public ways of communication;

(7)  The word “sheriff” shall include the deputy sheriff, the under-sheriff, or other legal competent delegate; and where any matter in relation to any lands is required to be done by any sheriff or clerk of the peace, the words “the sheriff” or the words “the clerk of the peace” shall, in such case, be construed to mean the sheriff or clerk of the peace of the district where such lands are situate; and, if the lands in question, being the property of the same person, be situate not wholly in one district, such words shall mean the sheriff or clerk of the peace of any district where any part of such land is situate;

(8)  The words “justice of the peace” mean a justice of the peace acting for the district where the matter requiring the cognizance of a justice of the peace arises, and who is not interested in the matter; and whenever the matter arises in respect of lands, being the property of the same person not wholly situate in any one district, such words shall mean a justice of the peace acting for the district where any part of such lands is situate, and who is not interested in such matter; and, where any matter is authorized or required to be done by two justices of the peace, the words “two justices of the peace” shall mean two justices assembled and acting together;

(9)  The word “owner”, “proprietor” or “property-owner”, wherever, under the provisions of this act or the charter, any notice is required to be given to the owner of any lands, or where any act is authorized or required to be done with the consent of the owner, means any corporation or person, who, under the provisions of this act or charter, or any act incorporated therewith, would be enabled to sell and convey lands to the company;

(10)  Subject to the provisions of section 167, the words “the company” mean the company or person authorized by the charter to build the railway;

(11)  Subject to the provisions of section 229, the words “the railway” mean the railway and the works authorized by the charter to be built or executed;

(12)  The word “shareholder” means every subscriber to or holder of stock in the undertaking, and shall extend to and include the personal representatives of the shareholder;

(13)  The words “working expenses” mean and include all expenses of maintenance of the railway and of the buildings, works and conveniences belonging thereto, and of the rolling and other stock and moveable plant used in the working thereof; all reasonable rents for property, or for lease of power or rolling stock; all usual expenses of or incidental to the working of the railway and the traffic thereon, including stores and consumable articles; rates, taxes, insurance and compensation for accident or losses, and all proper salaries and wages, and management expenses; all moneys owing by the company for any of the above items of expense; interest on mortgages or debentures; and a sum not exceeding five per cent per annum of the total mortgage indebtedness of the company to be placed to the credit of a special account or a sinking-fund for the purpose of extinguishing such indebtedness;

(14)  The words “first issue of stock” mean all stock subscribed for and allotted prior to the first meeting of shareholders of the company for organization and election of directors, and upon which at least ten per cent has been paid.

R. S. 1964, c. 290, s. 6.