Building the National Railways (1851 - 1885)

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The Railway Act, 1851

Acte concernant les chemins de fer, 1851

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Document Summary:

Some important sections:

8: All railway companies are to be corporations.

9: Gives railway companies the power to receive or purchase land for the construction and use of railways. They are to build railways on Crown land, but not molest the land for any other purpose. They are also required to complete all railways, and build any necessary railroad buildings. Passengers and goods may travel on these railways. Companies are also given the power to take out loans for completing railways, and to complete land surveys for the building of the rail line. Railway companies are responsible for removing trees or obstructions on the lines, and for uniting the rail lines they build with other railways.

10: Details how engineering surveys are to be completed.

11: Details how railway land is to be bought, sold and valued. Subsection 30 of this section says that any railway companies that build on Aboriginal land, and cause damage to the land, must pay compensation to the affected Aboriginals.

20 - 29: Allow a railway company to set tolls for shipping goods, etc.

83: All lawsuits brought against a railway are to occur no later than six months after the incident causing damage(s) occurred.

84: Sets a five-year jail term limit on those found guilty of willfully and maliciously obstructing a railway from operating properly.

85: Sets punishment for those found guilty of destroying or damaging railway property in accordance with existing law.

95 - 107; 155 - 177: Set the general rules as to how the railway should operate and be maintained.

133: No railway company is to take Crown lands without permission.