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Railway

servants

guilty of

misconduct.

peded, and to convey such engine driver, guard, porter, or other servant so offending, or any person counselling, aiding, or assisting in such offence, with all convenient despatch, before some justice of the peace for the place within which such offence shall be committed, without any other warrant or authority than this act; and every such person so offending, and every person counselling, aiding, or assisting therein as aforesaid, shall, when convicted before such justice as aforesaid, (who is hereby authorized and required, upon complaint to him made, upon oath, without information in writing, to take cognizance thereof, and to act summarily in the premises,) in the discretion of such justice, be imprisoned, with or without hard labour, for any term not exceeding two calendar months, or, in the like discretion of such justice, shall for every such offence forfeit to her Majesty any sum not exceeding ten pounds, and in default of payment thereof shall be imprisoned, with or without hard labour as aforesaid, for such period, not exceeding two calendar months, as such justice shall appoint; such commitment to be determined on payment of the amount of the penalty; and every such penalty shall be returned to the next ensuing court of quarter sessions in the usual manner. Justice may 14. Provided always, and be it enacted, That (if upon send any the hearing of any such complaint he shall think fit) it case to be shall be lawful for such justice, instead of deciding upon tried at the the matter of complaint summarily, to commit the person or persons charged with such offence for trial for the same at the quarter sessions for the county or place wherein such offence shall have been committed, and to order that any such person so committed shall be imprisoned and detained in any of her Majesty's gaols or houses of correction in the said county or place in the meantime, or to take bail for his appearance, with or without sureties, in his discretion; and every such person so offending, and convicted before such court of quarter sessions as aforesaid (which said court is hereby required to take cognizance of and hear and determine such complaint), shall be liable, in the discretion of such court, to be imprisoned, with or without hard labour, for any term not exceeding two years.

quarter sessions.

Obstructions.

Punishment of persons ob

structing engines or carriages.

15. And be it enacted, That from and after the passing of this act every person who shall wilfully do or cause to be done anything in such manner as to obstruct any engine or carriage using any railway, or to endanger the safety of persons conveyed in or upon the same, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court before which he shall have been convicted, to be imprisoned, with or without hard labour, for any term not exceeding two years.

Punish

ment of

16. And be it enacted, That if any person shall wilfully Obstrucobstruct or impede any officer or agent of any railway tions. company in the execution of his duty upon any railway, or upon or in any of the stations or other works or premises connected therewith, or if any person shall wilfully trespass upon any railway, or any of the stations or other persons obstructing works or premises connected therewith, and shall refuse officers of to quit the same upon request to him made by any officer railway, or or agent of the said company, every such person so offend- trespassing. ing, and all others aiding or assisting therein, shall and may be seized and detained by any such officer or agent, or any person whom he may call to his assistance, until such offender or offenders can be conveniently taken before some justice of the peace for the county or place wherein such offence shall be committed, and when convicted before such justice as aforesaid (who is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act summarily in the premises), shall, in the discretion of such justice, forfeit to her Majesty any sum not exceeding five pounds, and in default of payment thereof shall or may be imprisoned for any term not exceeding two calendar months, such imprisonment to be determined on payment of the amount of the penalty.

17. And be it enacted, That no proceeding to be had Proceedand taken in pursuance of this act shall be quashed or ings not to vacated for want of form, or be removed by certiorari, or be quashed by any other writ or process whatsoever, into any of her for want of Majesty's courts of record at Westminster or elsewhere, form, &c. any law or statute to the contrary notwithstanding.

in railway

acts em

18. And whereas many railway companies are bound, Branch by the provisions of the acts of parliament by which they Railways. are incorporated or regulated, to make, at the expense of the owner or occupier of lands adjoining the railway, Repeal of openings in the ledges or flanches thereof (except at cerprovisions tain places on such railway in the said acts specified), for effecting communications between such railway and any powering collateral or branch railway to be laid down over such justices to lands, and any disagreement or difference which shall decide disarise as to the proper places for making any such openings putes. in the ledges or flanches is by such acts directed to be referred to the decision of any two justices of the peace within their respective jurisdictions: and whereas it is expedient that so much of every clause, provision, and enactment in any act of parliament heretofore passed, as gives to any justice or justices the power of hearing or deciding upon any such disagreement or difference as to the proper places for any such openings in the ledges or flanches of any railway, should be repealed; be it there

Branch fore enacted, That so much of every such clause, provision, Railways. and enactment as aforesaid shall be repealed.

Board of Trade to determine such disputes in future.

Service of

notices.

Trade,

19. And be it enacted, That in case any disagreement or difference shall arise between any such owner or occupier or other persons, and any railway company, as to the proper places for any such openings in the ledges or flanches of any railway (except at such places as aforesaid), for the purpose of such communication, then the same shall be left to the decision of the lords of the said committee, who are hereby empowered to hear and determine the same in such way as they shall think fit, and their determination shall be binding on all parties.

20. And be it enacted, That all notices, returns, and other documents required by this act to be given to or laid before the lords of the said committee, shall be delivered to Board of at or sent by the post to the office of the lords of the said committee; and all notices, appointments, requisitions, certificates, or other documents in writing, signed by one of the secretaries of the said committee, or by some officer appointed for that purpose by the lords of the said committee, and purporting to be made by the lords of the said committee, shall, for the purposes of this act, be deemed to have been made by the lords of the said committee; and service of the same upon any one or more of the directors of any railway company, or on the secretary or clerk of the said company, or by leaving the same with the clerk or officer at one of the stations belonging to the said company, shall be deemed good service upon the said

on com

pany.

Interpretation of words.

company.

21. And be it enacted, That wherever the word "railway" is used in this act it shall be construed to extend to all railways constructed under the powers of any act of parliament, and intended for the conveyance of passengers Railway." in or upon carriages drawn or impelled by the power of

steam or by any other mechanical power; and wherever "Company" the word "company" is used in this act, it shall be construed to extend to and include the proprietors for the time being of any such railway, whether a body corporate or individuals, and their lessees, executors, administrators, and assigns, unless the subject or context be repugnant to such construction.

Act may be

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

17

5 & 6 VICT. cap. 55.

An Act for the better Regulation of Railways, and for the Conveyance of Troops.

[30th July, 1842.]

WHEREAS by an Act passed in the third and fourth Preamble. years of the reign of her present Majesty, intituled, "An 3 & 4 Vict. Act for Regulating Railways," provision was made for the c. 97. supervision of railways: and whereas it is expedient for the safety of the public to make further provision for that

purpose;

1. Be it enacted by the Queen's most excellent Majesty, Commence by and with the advice and consent of the Lords spiritual ment of this and temporal, and Commons, in this present Parliament act. assembled, and by the authority of the same, That this

act shall come into operation on the passing thereof.

2. And be it enacted, That the provisions of the said 3 & 4 Vict. recited act and of this act shall be construed together as one c. 97, & this act, except so far as the provisions of the said recited act act to be are hereby repealed, or shall be inconsistent with the provisions of this act.

construed

together.

and 2.

3. And whereas by the said recited act it is enacted, Opening of that after two months from the passing of the said recited railways. act no railway, or portion of any railway, shall be opened for the public conveyance of passengers or goods until one Repeal of calendar month after notice in writing of the intention of 3 & 4 Vict. c. 97, s. 1 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: and whereas by the said recited act it is also enacted, that if any railway or portion of any railway shall be opened without due notice as aforesaid, 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 herein before required before the opening of the railway, and any such penalty may be recovered in any of her Majesty's courts of record; be it enacted, That the said recited provisions of the said act shall be and they are hereby repealed.

4. And be it enacted, That no railway or portion of any Notice of railway shall be opened for the public conveyance of pas- intended sengers until one calendar month after notice in writing opening to of the intention of opening the same shall have been given, be given

Opening of by the company to whom such railway shall belong, to the railways. lords of the committee of her Majesty's privy council appointed for trade and foreign plantations, and until ten days after notice in writing shall have been given by the said company to the lords of the said committee of the time when the said railway or portion of railway will be, in their opinion, sufficiently completed for the safe conveyance of passengers, and ready for inspection.

to Board of Trade.

Penalty for opening without notice.

Board of

report that the same would be attended with danger.

5. And be it enacted, That if any railway or portion of any railway shall be opened without such notice as aforesaid, 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 said notices shall have been duly given and shall have expired; and every such penalty may be recovered in any of her Majesty's courts of record, or in the court of session, or in any of the sheriffs' courts in Scotland.

6. And be it enacted, That if the officer or officers Trade may appointed by the lords of the said committee to inspect postpone any such railway or portion of railway shall, after inspecthe opening tion thereof, report in writing to the lords of the said comif inspector mittee that, in his or their opinion, the opening of the same would be attended with danger to the public using the same, by reason of the incompleteness of the works or permanent way, or the insufficiency of the establishment for working such railway, together with the grounds of such opinion, it shall be lawful for the lords of the said committee, and so from time to time, as often as such officers shall after further inspection thereof so report, to order and direct the company to whom such railway shall belong to postpone such opening for any period not exceeding one calendar month at any one time, until it shall appear to the lords of the said committee that such opening may take place without danger to the public; and if any such railway, or any portion thereof, shall be opened contrary to any such order and direction of the lords of the said committee, 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 contrary to such order and direction; and any such penalty may be recovered in any of her Majesty's courts of record, or in the court of session, or in any of Proviso. the sheriffs' courts in Scotland: provided always, that no

such order as aforesaid shall be binding upon any railway company unless therewith shall be delivered to the said company a copy of the report of the officer or officers on which such order shall be founded.

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