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

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Delap, 26 S.C.R. 221, (1899), A.C.
114.
A railway company cannot grant an easement across rail- way lands even by resolution or deed: Canada Southern B.W.
Co. v. Niagara Falls, 22 O.R. 41. Nor can any one acquire an easement over such lands by prescription : Guthrie v. Canadian Pacific B.W. Co., 1 Can. Ry. Case, pp. 1 and 9. Nor can a rail- way company without express statutory authority sell lands acquired by it for the purposes of the railway : Pratt v. Grand Trunk B.W. Co., 8 O.R. 499; and s
...ee also Mulliner v. Midland B.W. Co., 11 Ch. D. 611.
92 CANADIAN BAIL-WAY ACT. [Sec. 79 But a railway company can contract to give a farm cross- ing: McKenzie v. Grand Trunk B.W. Co.; Dickie v. Grand Trunk B.W. Co., 7 Can. Ry. Cas. 47.
Where a railway company had given a bond to secure pay- ment of compensation for lands expropriated pursuant to pro- vincial statute and had afterwards been declared to be a work for the general advantage of Canada it was held that it had no power to enter into such bond or continue its obligation there- under and must pay money into court pursuant to the Do- minion Railway Act: Nihan v.


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