Home | Articles | Documents | Events | Sources 1851 Regulations on Railroads in the province of Nova Scotia.
TITLE XIX. OF HIGHWAYS, STREETS, BRIDGES, PUBLIC LANDINGS, AND FERRIES. ------------------ CHAPTER 70. O F R A I L R O A D S. Section 1. The proprietor of any railroad whereon any locomotive engine shall be run, shall cause a suitable bell or steam whistle to be kept on every engine while running, and which shall be rung or blown at the distance of at least eighty rods from every place where the rails crosses any other road upon the same level with the rail, and shall be kept ringing or sounding until the engine has crossed. 2. The proprietor of every such railroad shall cause boards to be placed, well supported by posts and constantly maintained, across every road at every place where crossed by the rail on the same level; such boards and posts to be of a height to be easily seen by travelers without impeding the traveling; and on each side of the boards shall be painted, in capital letters at least nine inches high, the following inscription, to be kept always plainly legible: "railroad crossing, -look out for the engine." 3. Upon application to the sessions, setting forth that in addition to the foregoing provisions it is necessary for the security of … - 200 - … the public that gates should be placed across any such railroad where the same shall cross any road on the same level therewith, and that persons should be stationed at such gates to open and close the same when required for the passing of the engine, the sessions shall investigate the application and hear evidence thereon, and if they shall be of opinion that the placing of such gates and the stationing of such persons thereat is necessary for the security of the public, shall make an order accordingly, with which order the proprietor shall comply; but no such order shall be made unless a summons, to be issued by the clerk of the peace, setting forth the nature of the application, shall be served on the manager or person having charge of the railroad, or some known agent of the proprietor thereof, actually employed in and about the railroad, at least fourteen days before the first day of the sitting of the sessions at which the investigation shall take place, requiring cause to be shewn against such application. 4. If any proprietor shall violate any of the provisions of the three preceding sections, he shall, for every offense, forfeit a sum not exceeding fifty pounds. 5. If any person shall maliciously obstruct the passing of any engine or carriage along any railroad, or shall maliciously place any thing on such railroad calculated to obstruct the passing of any engine or carriage, or to injure or endanger the same, or shall maliciously injure such railroad or any thing thereto appertaining, or any materials or implements for the construction or use thereof, such person, and also every person abetting the offense shall forfeit a sum not exceeding fifty pounds. 6. If any person, after any such railroad shall be opened for use, shall himself go thereon, or shall ride, drive, or lead and animal thereon without the consent of the proprietor, he shall for every offence forfeit twenty shillings; but nothing in this section shall prevent the passing across the railroad where the same is crossed by any other road on a level therewith. 7. If any animal shall be found going at large within the limits of any such railroad after the same is opened for use, the person through whose neglect that same shall occur shall for every offence forfeit five shillings; provided the railroad shall have on the sides thereof where it shall not cross some other road on the same level, a lawful fence. 8. If any person convicted under any of the three preceding sections shall not pay the judgment, and no goods can be found whereon to levy, he may be imprisoned for a term not exceeding one day for every five shillings of the amount of the judgment; such term in no case to exceed three months. 9. In order more effectually to prevent breaches of the foregoing regulations, the general sessions or any special sessions, not interested in the railroad or connected therewith, may appoint and swear in constables for such railroad, to be nominated by the proprietor; and such constables shall be stationed at such places … - 201 - … as may be deemed necessary, at the expense of the proprietor, and shall carry such distinguishing badge when on duty as the general or special sessions shall direct, and shall have all the powers of constables in preventing such breaches, and for apprehending offenders and taking them before justices of the peace, and for preserving public peace and order on and within the limits of the railroad. 10. The word "proprietor," when used in this chapter, shall include his agents and servants; and the word "road" shall include streets, lanes, and highways. - 202 - SOURCE: Young, McCully, Ritchie, & Whidden, 1851:200-202
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