REGULATION OF RAILWAYS, 1871. 34 & 35 Vict. Cap. 78. An Act to amend the Be it enacted by the Queen's most excellent majesty, by Preliminary. 1. This Act so far as is consistent with the tenor Construction thereof shall be construed as one with the Acts menof Act and short title. tioned in schedule two to this Act and with the Regulation of Railways Act, 1868, and those Acts and this Act may be cited together as the Regulation of Railways Act, 1840 to 1871; and this Act and each of the Acts mentioned in schedule two to this Act may be cited as the Regulation of Railways Act of the year in which it was passed. 2. In this Act- The term "company" means a company incorporated Interpretation of terms. The term "person" includes a body corporate: The term "court of summary jurisdiction" means any "Court of summary justices of the peace, metropolitan police magistrate, Jurisdic stipendiary magistrate, sheriff, sheriff substitute, or tion.". other magistrate, or officer, by whatever name called, who is capable of exercising jurisdiction in summary proceedings for the recovery of penalties. 34 & 35 VICT. CAP. 78. Board of trade may Inspection of Railway's. 3. The board of trade may from time to time appoint any person to be inspector for the purpose of inspecting any railway and of making any inquiry with respect to appoint any railway or into the cause of any railway accident inspectors of which the board of trade are authorised to make or railways. direct, and of enabling the board of trade to carry the provisions of any general Act relating to railways into execution, or for any of such purposes; provided that no person so appointed shall exercise any powers of interference in the affairs of any company. Powers of 4. Every inspector under this Act shall for the purpose inspectors of of any inspection or inquiry which he is directed by the board of trade to make or conduct have the following powers: (that is to say,) railways. Extension of 5 & 6 Vict. c. 55. ss. 4 to 6, to new works. Companies to make (1.) He may enter and inspect any railway and all the stations, works, buildings, offices, stock, plant, and machinery belonging thereto : (2.) He may by summons under his hand require the attendance of any person who is engaged in the management, service, or employment of a company as defined by this Act, and whom he thinks fit to call before him and examine for the said purpose and may require answers or returns to such inquiries for the said purpose as he thinks fit to make from such person or company: (8.) He may require and enforce the production of all books, papers, and documents of a company which he considers important for the said purpose. 5. The provisions of the Regulation of Railways Act, 1842, and the Acts amending the same, with respect to the opening of any railway, shall extend to the opening of any additional line of railway, deviation line, station, junction, or crossing on the level which forms a portion of or is directly connected with a railway on which passengers are conveyed, and has been constructed subsequently to the inspection of such railway on behalf of the board of trade previous to the original opening of such railway: provided always, that the board of trade may, with respect to any of the works in this section mentioned, from time to time upon the application of any railway company dispense with any notice which, under the provisions of the said Acts, is required to be given to the board of trade previous to opening any railway. Accidents. 6. Where in or about any railway or any of the works or buildings connected with such railway, or any buildaccidents to ing or place, whether open or enclosed, occupied by the returns of company working such railway, any of the following 34 & 35 VICT. accidents takes place in the course of working any rail way (that is to say,) CAP. 78. (1.) Any accident attended with loss of life or personal board of injury to any person whomsoever; (2.) Any collision where one of the trains is a passenger train; (3.) Any passenger train or any part of a passenger train accidentally leaving the rails; (4.) Any accident of a kind not comprised in the foregoing descriptions, but which is of such a kind as to have caused or to be likely to cause loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time by the board of trade, the company working such railway, and also, if the accident happen to a train belonging to any other company, such last-mentioned company, shall send notice of such accident and of the loss of life or personal injury (if any) occasioned thereby to the board of trade. Such notice shall be in such form and shall contain such particulars as the board of trade may from time to time direct, and shall be sent by the earliest practicable post after the accident takes place. The board of trade may from time to time by order direct that notice of any class of accidents shall be sent to them by telegraph, and may revoke any such order. Notice of every such order shall be sent to every railway company, and while it is in force notice of every accident of the class to which the order relates shall be sent to the board of trade by telegraph immediately after the accident takes place. Every company who fail to comply with the provisions of this section shall be liable for each offence to a penalty not exceeding twenty pounds. trade. and formal serious 7. The board of trade may direct an inquiry to be Inquiry into made by an inspector into the cause of any accident, of accidents, which notice is for the time being required by or in pur- investigasuance of this Act to be sent to the board of trade; and tion in where it appears to the board of trade, either before or cases. after the commencement of any such inquiry, that a more formal investigation of the accident, and of the causes thereof, and of the circumstances attending the same, is expedient, the board of trade may, by order, direct such investigation to be held, and with respect to such investigation the following provisions shall have effect: (1.) The board of trade may, by the same or any subsequent order, appoint any person or persons possessing legal or special knowledge to assist 31 & 35 VICT. CAP. 78. an inspector in holding the same, or may direct the county court judge, stipendiary magistrate, metropolitan police magistrate, or other person or persons named in the same or any subsequent order, to hold the same with the assistance of an inspector or any other assessor or assessors named in the order: (2.) The persons holding any such formal investigation (hereinafter referred to as the court) shall hold the same in open court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accident, and enabling them to make the report in this section mentioned: (3.) The court shall have for the purpose of such investigation all the powers of a court of summary jurisdiction when acting as a court in the exercise of its ordinary jurisdiction, and all the powers of an inspector under this Act, and in addition the following powers; namely, (a.) They may enter and inspect any place or building the entry or inspection whereof appears to them requisite for the said purpose: (b.) They may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for such purpose require answers or returns to such inquiries as they think fit to make: (c.) They may require and enforce the production of all books, papers, and documents which they consider important for the said purpose: (d.) They may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination. (e.) Every person so summoned not being a person engaged in the management, service, or employment of a company, or otherwise connected with a company, shall be allowed such expenses as would be allowed to a witness attending on subpoena before a court of record; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to a master of one of the superior courts, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of such expenses: CAP. 78. (4.) The inspector making an inquiry into any acci- 34 & 35 VICT. dent and the court holding an investigation of any accident shall make a report to the board of trade stating the causes of the accident and all the circumstances attending the same, and any observations thereon or on the evidence or on any matters arising out of the investigation which they think right to make to the board of trade, and the board of trade shall cause every such report to be made public in such manner as they think expedient. assessor to 8. Where any coroner in England holds or is about to Appointhold an inquest on the death of any person occasioned ment of an by an accident, of which notice for the time being is re- coroner. quired by or in pursuance of this Act to be sent to the board of trade, and makes a written request to the board of trade in this behalf, the board of trade may appoint an inspector or some person possessing legal or special Knowledge to assist in holding such inquest, and such appointee shall act as the assessor of the coroner, and shall make the like report to the board of trade, and the report shall be made public in like manner as in the case of a formal investigation of an accident under this Act. Railway Statistics. statements working ex penditure. 9. Every company shall annually prepare returns of Companies their capital, traffic, and working expenditure for the to furnish last preceding financial year of the company in accord of capital, ance with the forms contained in schedule one to this traffic, and Act, and a copy of each return, signed by the chairman or deputy chairman of the directors of the company, and by the officer of the company responsible for the correct. ness of each return, or any part thereof, shall be forwarded by the company to the board of trade at the times following; (that is to say,) if the company is an incorporated company, within if the company is not an incorporated company, or Any company which fails to forward the said return in accordance with the provisions of this section shall be liable to a penalty not exceeding five pounds for every day during which such default continues. The board of trade, with the consent of a company, may alter the said forms as regards such company for the purpose of adapting them to the circumstances of such company or of better carrying into effect the objects of this section. |