c. 80, ss. 2-4. 1 & 2 Vict. order shall be sent by the justices to one of her majesty's principal secretaries of state, and such order, if allowed by the secretary of state, shall be binding on such company, and on every such treasurer and officer thereof: provided always, that nothing herein contained shall empower any such justices to order any allowance for any such special constables at the rate of more than five shillings daily to be paid to each special constable employed for the purposes aforesaid. Order not An order cannot be made under this section by justices without notice to the made without company, and an opportunity being given them of being heard (R. v. Cheshire Line Committee, L. R. 8 Q. B. 344; 42 L. J. M. C. 100). notice to company. Secretary of state may reduce excessive orders. Amount ordered and allowed may 2. And be it enacted, that if it shall appear to the secretary of state that there was no need for the appointment of such special constables, or that a greater number of special constables was appointed than was needed by reason of the behaviour, or reasonable apprehension of the behaviour, of the persons employed on such railroad, canal, or other public work as aforesaid, the secretary of state shall have power to disallow any such order, or to reduce the amount ordered to be paid by any such order, in such manner as to him shall seem just according to the circumstances of each case; and in such case the order shall be of no force, or shall be of force for such reduced amount only, as the case may be; and the whole of such expenses in case the whole shall be disallowed, or so much thereof as shall exceed such reduced amount if a part shall be allowed, shall be defrayed out of the public rates of such county, riding, or division, liberty, franchise, city, town, or borough, as if this Act had not been made. 3. And be it enacted, that in all cases where such treasurer or other officer as aforesaid shall refuse or neglect, during three weeks be recovered next after demand thereof, to pay such sum of money as shall have by distress. been ordered by such justices, and allowed by the secretary of state as aforesaid, it shall be lawful for such justices to cause the same to be levied by distress upon the goods and chattels belonging to such company. Act may be amended or repealed. [4 is repealed by the Statute Law Revision Act, 1874 (No. 2), 37 & 38 Vict. c. 96.] CONVEYANCE OF MAILS. 1 & 2 VICT. c. 98. An Act to provide for the Conveyance of the Mails by 1&2 Vict. [14th August, 1838.] c. 98, s. 1. Postmaster general may panies to convey the secretary or Railways. WHEREAS it is expedient that provision should be made by law for the conveyance of the mails by railways at a reasonable rate. of charge to the public: Be it 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 require railparliament assembled, and by the authority of the same, that in way comall cases of railways already made or in progress or to be hereafter made within the United Kingdom, by which passengers or goods mails. shall be conveyed in or upon carriages drawn or impelled by the [By 31 & 32 power of steam, or by any locomotive or stationary engines, or Vict. c. 119, animal or other power whatever, it shall be lawful for the post- signature of s. 37, the master-general, by notice in writing under his hand delivered to a secretary the company of proprietors of any such railway, to require that or assistantthe mails or post letter bags shall from and after the day to be officer named in any such notice (being not less than twenty-eight days appointed for from the delivery thereof) be conveyed and forwarded by such the purpose is sufficient.] company on their railway, either by the ordinary trains of carriages, or by special trains, as need may be, at such hours or times in the By 7 & 8 Vict. c. 85, day or night as the postmaster-general shall direct, together with s. 11, postthe guards appointed and employed by the postmaster-general in mastergeneral may charge thereof, and any other officers of the post office; and send mails by thereupon the said company shall, from and after the day to be ordinary named in such notice, at their own costs, provide sufficient car- train. riages and engines on such railways for the conveyance of such c. 119, ss. 36, mails and post letter bags to the satisfaction of the postmaster- 37, postgeneral, and receive, take up, carry, and convey by such ordinary mastergeneral may or special trains of carriages or otherwise, as need may be, all such require special mails or post letter bags as shall for that purpose be tendered to train to be them, or any of their officers, servants or agents, by any officer of exclusively the post office, and also receive, take up, carry, and convey, in and to post-office, upon the carriages carrying such mails or post letter bags, the and see guards in charge thereof, and any other officers of the post office, 36 & 37 Vict. and shall receive, take up, deliver, and leave such mails or post ss. 18-20.] letter bags, guards, and officers at such places in the line of such [By 10 & 11 railway, on such days, at such hours or times in the day or night, Vict. c. 85, and subject to all such reasonable regulations and restrictions as may be sent to speed of travelling, places, times, and duration of stoppages, without a guard.] 31 & 32 Vict. appropriated c. 48, s. 16, mails 1 & 2 Vict. c. 98, ss. 2-4. [By 7 & 8 general may Servant of the may sue. If required, carriage to be applied and times of arrival, as the postmaster-general shall in that behalf from time to time order or direct: provided always, that the rate of speed to be required shall in no case exceed the maximum rate of speed prescribed by the directors of such railway or railways for the conveyance of passengers by their first class trains; but that no alteration in the rate of speed of any train by which the mails shall be conveyed shall be made until six calendar months previous notice shall be given to the postmaster-general of any such intended alteration. An officer of the post office travelling with the mails under this section, is entitled to maintain an action for negligence against the company (Collett v. L. § N. W. Ry. Co., 20 L. J. Q. B. 411; 16 Q. B. 984). 2. And be it enacted, that it shall be lawful for the postmastergeneral (if he shall see fit) to require that the whole of the inside of any carriage used on any railway for the conveyance of mails or such convey post letter bags shall be exclusively appropriated for the purpose of carrying the mails. exclusively to ance. 3. And be it enacted, that the company of proprietors of any such railway shall, on being required so to do by the postmastergeneral, provide and furnish (in addition to the carriages aforesaid) a separate carriage or separate carriages, fitted up as the postmaster-general, or such person as he shall nominate in that behalf, shall direct, for the purpose of sorting letters therein, and shall forward the same carriage or carriages by their railway, at such hours or times, and subject to all such reasonable regulations as aforesaid, as the postmaster-general shall in that behalf order or direct; and such company of proprietors shall receive, take up, carry, and convey in any such last-mentioned carriage or carriages all such post letter bags and officers of the post office as the postmaster-general shall reasonably require, and shall deliver and leave any post letter bags and officers of the post office at such places on the line of the railway as the postmaster-general shall in that behalf from time to time reasonably order and direct. 4. And be it enacted, that in case the postmaster-general shall at any time be desirous of sending by any such railway any of her majesty's mail coaches or mail carts, with the mails or post letter bags and guards thereof, and carriages for sorting letters, with any officers of the post office therein, instead of sending the said mails or post letter bags, guards, and officers of the post office by carriages to be provided by such railway company as aforesaid, then and in any such case such railway company shall, at the request of the postmaster-general, signified by such notice as aforesaid, cause such mail coaches or mail carts, with the mails or post letter bags and guards thereof, and carriages for sorting letters, with any officers of the post office therein, to be conveyed by the usual or proper trucks or frames on their said railway, subject to such regulations and restrictions of the postmaster-general as herein before mentioned. c. 98, ss. 5-7. 5. And be it enacted, that for the greater security of the mails 1 & 2 Vict. or post letter bags so to be carried or conveyed by railways the company of proprietors of such respective railways along which Railway companies to be such mails or post letter bags, mail coaches, or carts and carriages subject to for sorting letters shall be so required by the postmaster-general directions of to be conveyed, and their respective officers, servants, and agents, post-office shall obey, observe, and perform all such reasonable regulations respecting respecting the conveyance, delivering, and leaving of such mails mails. and post letter bags, guards, and officers of the post office, mail coaches, or carts and carriages, on any such railway's, or on the line thereof, as the postmaster-general, or such officer of the post office as he shall nominate in that behalf, shall in his discretion from time to time give or make: provided always, that it shall not be lawful for any officer or servant of the post office to interfere with or give orders to the engineer or other person having the charge of any engine upon any railway along which mails or post letter bags shall be conveyed; but if any cause of complaint shall arise the same shall be stated to the conductor or other officer of the railway company having the charge of the train, or to the chief officer at any station upon the railway; and in case of any default or neglect on the part of any officers or servants of the railway company to comply with any of the regulations of the postmaster-general or other officer of the post office so to be nominated as aforesaid the railway company shall be wholly responsible for the same. conveyance 6. And be it enacted, that every company of proprietors of any Remuneration railway along which such mails or post letter bags, mail coaches, to railway carts, or carriages shall be so required by the postmaster-general companies for to be conveyed, shall be entitled to such reasonable remuneration of mails. to be paid by the postmaster-general to any such company of proprietors for the conveyance of such mails, post letter bags, mail guards, and other officers of the post office, mail coaches, carts, and carriages, in manner required by such postmaster-general, or by such officer of the post office as he shall in that behalf nominate as aforesaid, as shall (either prior to or after the commencement of such service) be fixed and agreed on between the postmastergeneral and such company of proprietors, or in case of difference of opinion between them then as shall be determined by arbitration as hereinafter provided, but so that the services which may be required by the postmaster-general, or by such officer of the post office as he in that behalf shall nominate as aforesaid, to be performed by any such company of proprietors, be not suspended, postponed, or deferred by reason of such remuneration not having been then fixed or agreed on between the said postmaster-general and such company of proprietors, or by reason of the award on any reference to arbitration to determine the remuneration not having been made. 7. And be it enacted, that notwithstanding any agreement Agreements entered into between the postmaster-general and any such company, between postmaster 1 & 2 Vict. c. 98, ss. 8-9. general and railway companies as to amount of &c., may be altered. or any award to be made on any such reference as aforesaid, fixing the amount of remuneration to be paid to such company for any services to be rendered by them as aforesaid, it shall be lawful and competent to and for the postmaster-general, by notice in writing, to require, from and after the day to be named in any such notice, remuneration, not being less than twenty-eight days from the delivery thereof, any addition to be made to the services in respect of which such agreement shall be entered into or award made; and in any such case, and also in case of a discontinuance of any part of such services as hereinafter provided, a fresh agreement shall be entered into between the postmaster-general and such company, regulating the future amount of remuneration to be paid by the postmastergeneral to such company for such increased or diminished services, as the case may be; or if the parties cannot agree on such amount the same shall be referred to arbitration in like manner as hereinbefore is mentioned and hereinafter provided as to any original agreement; and such arbitrators shall have power to award any compensation they may consider reasonable to be paid to any railway company for any loss that may have been occasioned to them by the discontinuance or alteration of the services previously agreed to be performed by them by any train or carriage specially required by the postmaster-general to be forwarded for the conveyance of the mails, but so that nevertheless such increased or diminished services shall not be suspended, postponed, or deferred by reason of the amount of such increased or diminished remuneration not having been then fixed or agreed on between the postmastergeneral and such company of proprietors, or by reason of the award on any reference to arbitration to determine the amount of such increased or diminished remuneration not having been then made. Postmaster general may terminate services of panies on 8. And be it enacted, that it shall be lawful for the postmastergeneral and he is hereby authorized, at any time during the continuance of the services of any company of proprietors as aforesaid, railway com- to give to such company, by writing under his hand, six calendar months previous notice that such services, or any part thereof, [See marginal shall cease and determine; and thereupon, at the expiration of note to section such six calendar months notice, the said services, or such part 1, ante.] thereof as aforesaid, and the remuneration for the same, shall cease and determine. notice; or may terminate services of railway companies without 9. And be it enacted, that it shall be lawful for the postmastergeneral at any time during the continuance of the services of any company of proprietors as aforesaid, by notice in writing under his hand, absolutely to determine and put an end to the same or any part thereof, without giving any previous notice, or on giving any notice less than six calendar months in respect thereof, and [See marginal thereupon the said services shall cease and determine accordingly: note to section provided nevertheless, that in case the postmaster-general shall, 1, ante.] without giving six calendar months notice as aforesaid, at any time notice, subject to certain conditions. |