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nated with

in 14 days

after notice.

18. And be it enacted, That in all references to be Conveyance made under the authority of this act, the Postmaster- of Mails. General, or the railway company, as the case may be, Arbitrators shall nominate his or their arbitrator within fourteen days after notice from the other party, or in default it shall be to be nomi lawful for the arbitrator appointed by the party giving notice to narne the other arbitrator; and such arbitrators shall proceed forthwith in the reference, and make their award therein within twenty-eight days after their appointment, or otherwise the matter shall be left to be determined by the umpire; and if such umpire shall refuse or neglect to proceed and make his award for the space of twenty-eight days after the matter shall have been referred to him, then a new umpire shall be appointed by the two first-named arbitrators, who shall in like manner proceed and make his award within twenty-eight days, or in default be superseded, and so "toties quoties."

66

tion of

Words.

19. And be it enacted, That whenever the term " com- Interpreta pany of proprietors," or "railway company," or company" is used in this act, the same shall extend to and be construed to include the proprietors for the time being of any railway, whether a body corporate or individuals, and "Company also (during the continuance of any demise or lease as aforesaid) any person, whether a body corporate or company or individuals, to whom any railway or part of a Company," railway may previous to the passing of this act have been "Company"

of Proprie

tors,"

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Railway

demised or let, and their successors, executors, administrators, and assigns, unless the subject or context be otherwise repugnant to such construction; and that the provisions of this act shall be construed according to the respective interpretations of the terms and expressions contained in an act passed in the first year of the reign of her present Majesty, intituled "An Act for consolidating and accord the laws relative to Offences against the Post-office of the ing to the United Kingdom, and for regulating the judicial adminis- 1 Vict.c.36. tration of the Post-office Laws, and for explaining certain terms and expressions employed in those laws," so far as those interpretations are not repugnant to the subject or inconsistent with the context of such provisions; and that this present act shall be deemed and construed to be a postoffice act within the intent and meaning of the said lastmentioned act; and the pecuniary penalties hereby imposed shall be recovered and recoverable in the manner and form therein particularly mentioned and expressed with reference to the pecuniary penalties imposed by the post-office acts: Provided nevertheless, that any justice of Proviso. the peace having jurisdiction for any county through which any railway shall pass, in respect of which any penalty or forfeiture under this act shall have been in

Conveyance curred, shall and may hear and determine any offence of Mails. against this act which may subject any company to a pecuniary penalty not exceeding twenty pounds; and a summons issued under the post-office acts by any such justice against any railway company for the recovery of any such penalty shall be deemed to be sufficiently served in case either the summons or a copy thereof be delivered to any officer, servant, or agent of such company, or be left at any station belonging to such company.

Act may be amended or repealed.

20. And be it enacted, That this act may be amended or repealed by any act to be passed in the present session of Parliament.

3 & 4 VICT. cap. 97.

An Act for regulating Railways.

[10th August, 1840.]

Preamble. WHEREAS it is expedient for the safety of the public to provide for the due supervision of railways:

Opening of 1. Be it therefore enacted, by the Queen's most excelRailways. lent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this pre

sent Parliament assembled, and by the authority of the Repealed by same, That, after two months from the passing of this 5 & 6 Vict. act, no railway, or portion of any railway, shall be opened c. 55, s. 3. for the public conveyance of passengers or goods until one

Repealed by

5 & 6 Vict.

calendar month after notice in writing of the intention of opening the same shall have been given by the company to whom such railway shall belong, to the lords of the committee of her Majesty's privy council appointed for trade and foreign plantations.

2. And be it enacted, That if any railway, or portion of any railway, shall be opened without due notice as aforesaid, c. 55, s. 3. the company to whom such railway shall belong shall forfeit to her Majesty the sum of twenty pounds for every day during which the same shall continue open, until the expiration of one calendar month after the company shall have given the like notice as is hereinbefore required before the opening of the railway; and any such penalty may be recovered in any of her Majesty's courts of record.

Returns to

3. And be it enacted, That the lords of the said combe made by mittee may order and direct every railway company to Company. make up and deliver to them returns, according to a form.

to be provided by the lords of the said committee, of the

accidents,

aggregate traffic in passengers, according to the several Board of classes, and of the aggregate traffic in cattle and goods Trade may respectively, on the said railway, as well as of all acci- require dents which shall have occurred thereon attended with returns of personal injury, and also a table of all tolls, rates, and traffic and charges from time to time levied on each class passengers, and a table and on cattle and goods, conveyed on the said railway; of tolls. and if the returns herein specified shall not be delivered within thirty days after the same shall have been required, every such company shall forfeit to her Majesty the sum of twenty pounds for every day during which the said company shall wilfully neglect to deliver the same; and every such penalty may be recovered in any of her Majesty's courts of record: Provided always, that such returns shall be required, in like manner and at the same time, from all the said companies, unless the lords of the said committee shall specially exempt any of the said companies, and shall enter the grounds of such exemption in the minutes of their proceedings.

4. And be it enacted, That every officer of any com- Penalty for pany who shall wilfully make any false return to the making lords of the said committee shall be deemed guilty of a false remisdemeanor.

turns.

ment of, by

Board of

5. And be it enacted, That it shall be lawful for the Inspectors lords of the said committee, if and when they shall think of Railfit, to authorize any proper person or persons to inspect ways. any railway; and it shall be lawful for every person so authorized, at all reasonable times, upon producing his Appointauthority, if required, to enter upon and examine the said railway, and the stations, works, and buildings, and the engines and carriages belonging thereto : Provided always, that no person shall be eligible to the appointment as Repealed by inspector as aforesaid who shall within one year of his appointment have been a director or have held any office of trust or profit under any railway company.

Trade.

7 & 8 Vict. c. 85, s. 15

6. And be it enacted, That every person wilfully ob- Penalty for structing any person, duly authorized as aforesaid, in the obstructing execution of his duty, shall, on conviction before a justice inspector. of the peace having jurisdiction in the place where the offence shall have been committed, forfeit and pay for every such offence any sum not exceeding ten pounds; and on default of payment of any penalty so adjudged, immediately or within such time as the said justice of the peace shall appoint, the same justice, or any other justice having jurisdiction in the place where the offender shall be or reside, may commit the offender to prison for any period not exceeding three calendar months; such commitment to be determined on payment of the amount of the penalty; and every such penalty shall be returned to

made

before the passing of this act, to

be laid before Board

of Trade,

the next ensuing Court of Quarter Sessions in the usual

manner.

Bye-Laws. 7. And whereas many railway companies are or may hereafter be empowered by act of parliament to make bye-laws, orders, rules, or regulations, and to impose penalties for the enforcement thereof, upon persons other than the servants of the said companies, and it is expedient that such powers should be under proper control; be it enacted, That true copies of all such bye-laws, orders, rules, and regulations made under any such powers by every such company before the passing of this act, certified in such manner as the lords of the said committee shall from time to time direct, shall, within two calendar months after the passing of this act, be laid before the lords of the said committee; and that every such bye-law, to be void. order, rule, or regulation, not so laid before the lords of the said committee within the aforesaid period, shall, from and after that period, cease to have any force or effect, saving in so far as any penalty may have been then already incurred under the same.

otherwise

Bye-laws 8. And be it enacted, That no such bye-law, order, hereafter rule, or regulation made under any such power, and made to be which shall not be in force at the time of the passing of approved of this act, and no order, rule, or regulation annulling any by Board of such existing bye-law, rule, order, or regulation which

Trade.

Board of

Trade may disallow bye-laws.

Provisions

shall be made after the passing of this act, shall have any force or effect until two calendar months after a true copy of such bye-law, order, rule, or regulation, certified as aforesaid, shall have been laid before the lords of the said committee, unless the lords of the said committee shall, before such period, signify their approbation thereof.

9. And be it enacted, That it shall be lawful for the lords of the said committee, at any time either before or after any bye-law, order, rule, or regulation shall have been laid before them as aforesaid shall have come into operation, to notify to the company who shall have made the same their disallowance thereof, and, in case the same shall be in force at the time of such disallowance, the time at which the same shall cease to be in force; and no bye-law, order, rule, or regulation which shall be so disallowed shall have any force or effect whatsoever, or, if it shall be in force at the time of such disallowance, it shall cease to have any force or effect at the time limited in the notice of such disallowance, saving in so far as any penalty may have been then already incurred under the

same.

10. And be it enacted, That so much of every clause, requiring provision, and enactment in any act of parliament herecommrma- tofore passed as may require the approval or concurrence

of any justice of the peace, court of quarter sessions, or tion of byeother person or persons, other than members of the said laws by companies, to give validity to any bye-laws, orders, rules, justices, or regulations made by any such company, shall be re- repealed. pealed.

acts.

Repealed by

7 & 8 Vict.

c. 85, s. 16.

11. And be it enacted, That whenever it shall appear to Prosecuthe lords of the said committee that any of the provisions of tions to the several acts of parliament regulating any of the said enforce companies, or the provisions of this act, have not been com- provisions plied with on the part of any of the said companies, or any of railway of their officers, and that it would be for the public advantage that the due performance of the same should be enforced, the lords of the said committee shall certify the same to her Majesty's Attorney-General for England, or Ireland, or to the Lord-Advocate for Scotland, as the case may require; and thereupon the said Attorney-General or Lord Advocate shall, by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding, as the case may require, proceed to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such non-compliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said acts: provided always, that no such certificate as aforesaid shall be given by the lords of the said committee until twenty-one days after they shall have given notice of their intention to give the same to the company against or in relation to whom they shall intend to give the same.

12. And be it enacted, That no legal proceedings shall Amended be commenced under the authority of the lords of the said by 7 & 8 committee against any railway company for any offence Vict. c. 85, against this act, or any of the several acts of parliament s. 18. relating to railways, except upon such certificate of the lords of the said committee as aforesaid, and within one year after such offence shall have been committel.

Amended

13. And be it enacted, That it shall be lawful for any Railway officer or agent of any railway company, or for any special servants constable duly appointed, and all such persons as they may guilty of call to their assistance, to seize and detain any engine dri- misconver, guard, porter, or other servant in the employ of such duct. company who shall be found drunk while employed upon the railway, or commit any offence against any of the bye- by 5 & 6 laws, rules, or regulations of such company, or shall Vict. c. 55, wilfully, maliciously, or negligently do or omit to do any s. 17. act whereby the life or limb of any person passing along or being upon the railway belonging to such company, or the works thereof respectively, shall be or might be injured or endangered, or whereby the passage of any of the engines, carriages, or trains shall be or might be obstructed or im

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