The Canadian Railway ACT R. S. C. (1906); Cap. 37, and Amending Acts 1907-1910, with Notes of Cases Decided Thereon Including the Decisions of the Board of Railway Commissioners Respecting Telephone, Telegraph and Express Companies (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 Excerpt: ... may require the applicant to submit to the Board a plan and profile of the portion of the railway to be affected, or may direct an inspecting engineer, or such other person as it deems advisable to appoint, to inspect the locality in question, and, if expedient, there hold an inquiry as to the necessity or requirements for such drainage or pipes, and to make a full report thereon to the Board. 3. The Board may upon such report, or in its discretion, Terms and conditions. order how, where, when, by whom, and upon what terms and conditions, such drainage may be effected, or pipes laid, constructed and maintained, having due regard to all proper interests. 3 E. VII., c. 58, s. 196. Sub-section 1 appeared for the first time in the Act of 1903. The whole section should be read with section 151, sub-sections Wj (Of (m), aQd (n), 154 and 155 ante. Taken together the effect is that by section 151 (k) a railway company may construct across, under or over any river, stream, watercourse or canal which it intersects or touches, such of the various works there enumerated as may be necessary for the proper working of the railway; by section 151 (I) it may divert temporarily or permanently the course of any river, stream or watercourse, or raise or sink the level thereof in order the more conveniently to carry the same over, under or by the side of the railway; by section 151 (m) the company may make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway; by section 151 (n) it may divert or alter the position of any waterpipe, sewer or drain. Section 154 requires the company to restore as nearly as possible to its former state any river, stream, watercourse... waterpipe... sewer or drain... whic...