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 nated with shall nominate his or their arbitrator within fourteen days after notice from the other party, or in default it shall be to be nomilawful for the arbitrator appointed by the party giving in 14 days notice to name the other arbitrator; and such arbitrators after notice. 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first-named arbitrators, who shall in like manner proceed and make his award within twenty-eight days, or in default be superseded, and so "toties quoties." tion of Words. tors," 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 of Propriealso (during the continuance of any demise or lease as aforesaid) any person, whether a body corporate or com- Railway pany or individuals, to whom any railway or part of a Company," railway may previous to the passing of this act have been "Company" 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 accordthe 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. J & 6 W. c. 50. 4, 2 & 3 VICT. cap. 45. An Act to amend an Act of the Fifth and Sixth [17th August, 1839.] WHEREAS by an act passed in the session of parliament holden in the fifth and sixth years of the reign of his late majesty king William the fourth, intituled "An Act to consolidate and amend the Laws relating to Highways in that Part of Great Britain called England," it is amongst other things by the said act enacted, that whenever a railroad shall cross any highway for carts or carriages the proprietors of the said railroad shall make and maintain good and sufficient gates at each of the said crossings, and shall employ good and proper persons to attend to the opening and shutting of such gates, so that the persons, carts, or carriages passing along such road shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad, and any complaint for any neglect in respect of the said gates shall be made within one month after the said neglect to one justice, who may summon the party so complained against to appear before the justices at their next special sessions for the highways, who shall hear and decide upon the said complaint, and the proprietor so offending shall forfeit any sum not exceeding five pounds and whereas it is also by the said act further enacted, turnpike roads, except where expressly mentioned, or to any roads, bridges, carriageways, cartways, horseways, oridleways, footways, causeways, churchyards, or pavements which now are or may hereafter be paved, repaired, or cleansed, broken up or diverted, under or by virtue of the provisions of any local or personal act or acts of parliament: and whereas it is deemed expedient to amend the said provisions in the said act, and to extend the same to turnpike roads in England: be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, &c. 5 & 6 Vict. c. 55, s. 9. 1. That wherever a railroad crosses or shall hereafter Proprietors cross any turnpike road or any highway or statute la- of railroad bour road for carts or carriages in Great Britain, the to maintain proprietors or directors of the company of proprietors of gates where the said railroad shall make and maintain good and any railroad sufficient gates across each end of such turnpike or other crosses the road as aforesaid at each of the said crossings, and shall highway, employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing Recited by along such turnpike or highway shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad; and any complaint for any neglect in respect of the said gates shall be made within one calendar month after the said neglect to any justice of the peace, or if in Scotland to the sheriff of the county, who may summon the party so complained against to appear before them or him at the next petty sessions or court to be holden for the district or division within which such gates are situate, who shall hear and decide upon the said complaint; and the proprietor or director so offending shall for each and every day of such neglect forfeit any sum not exceeding five pounds, for each together with such costs as to the justices or sheriff de- day's pute aforesaid before whom the conviction shall take neglect. place shall seem fit. Penalty 51. 2. And be it further enacted, that the penalties by this How penalact imposed, and the costs to be allowed and ordered by ties shall the authority of this act, shall in England be recovered be recoverand applied in the same manner as any penalties and ed and costs under the said act, and in Scotland shall be re- applied. covered and applied to the maintenance of the statute labour roads within the district where the offence is committed. Commence- 3. And be it further enacted, that this act shall comment of act, mence and take effect from and after the thirtieth day of September, one thousand eight hundred and thirty-nine. Preamble Opening of 3 & 4 VICT. cap. 97. An Act for regulating Railways. [10th August, 1840.] WHEREAS it is expedient for the safety of the public to provide for the due supervision of railways: 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 present 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 . 55, s. 3. for the public conveyance of passengers or goods until one 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. Repealed by 5 & 6 Vict. . 55, s. 3. Returns to 2. And be it 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 hereinbefore required before the opening of the railway; and any such penalty may be recovered in any of her Majesty's courts of record. 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. Trade may accidents, aggregate traffic in passengers, according to the several Board of classes, and of the aggregate traffic in cattle and goods require respectively, on the said railway, as well as of all acci- returns of dents which shall have occurred thereon attended with traffic and personal injury, and also a table of all tolls, rates, and and a table charges from time to time levied on each class passengers, of tolls. and on catɩle and goods, conveyed on the said railway; and if the returns herein specified shall not be delivered within thirty days after the same shall have been Sections required, every such company shall forfeit to her 3 & 4 Majesty the sum of twenty pounds for every day during repealed by which the said company shall wilfully neglect to deliver 3+ & 35 Vict. the same; and every such penalty may be recovered except so in any of her Majesty's courts of record: Provided much as always, that such returns shall be required, in like table of manner and at the same time, from all the said com- tolls, rates panies, 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. c. 78, s. 17, relates to a and duties. false re 4. And be it enacted, That every officer of any com- Pena.ty for pany who shall wilfully make any false return to the making lords of the said committee shall be deemed guilty of a turns. misdemeanour. of Railways. Appoint Trade. 5. And be it enacted, That it shall be lawful for the Inspectors lords of the said committee, if and when they shall think fit, to authorise any proper person or persons to inspect any railway; and it shall be lawful for every person so authorised, at all reasonable times, upon producing his ment of, by authority, if required, to enter upon and examine the Board of said railway, and the stations, works and buildings, and the engines and carriages belonging thereto: Provided [Repealed always, that no person shall be eligible to the appoint- by 34 & 35 ment as inspector as aforesaid who shall within one year s. 17.] of his appointment have been a director or have held any office of trust or profit under any railway company. Vict. c. 78, 34 35 Vict. 6. And be it enacted, That every person wilfully ob- Penalty for obstructing structing any person, duly authorised as aforesaid, in inspector. the execution of his duty, shall, on conviction before a justice of the peace having jurisdiction in the place where Repealed by the offer.ce shall have been committed, forfeit and pay for c. 78, s. 17. 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 |