and the company's servants. Sect. 22. travels more than twenty miles without stopping, such efficient means of communication between the passengers and the servants of the company in charge of the train as the Board of Trade may approve. If any company makes default in complying with this section it shall be liable to a penalty not exceeding ten pounds for each case of default. Any passenger who makes use of the said means of communication without reasonable and sufficient cause shall be liable for each offence to a penalty not exceeding five pounds. Order for construction and PART V.-Light Railways. 27. The Board of Trade may by licence authorise a company applying for it to construct and work or to work as a light railway, working of the whole or any part of a railway which the company has power to railway as a construct or work. light railway. Conditions tions for light railway. Before granting the licence the Board of Trade shall cause due notice of the application to be given, and shall consider all objections and representations received by them, and shall make such inquiry as they think necessary. See the similar power contained in section 18 of the Light Railways Act, ante, p. 75. 28. A light railway shall be constructed and worked subject to and regula- such conditions and regulations as the Board of Trade may from time to time impose or make: Provided, that (1) the regulations respecting the weight of locomotive engines, carriages, and vehicles to be used on such railway shall not authorise a greater weight than eight tons to be brought upon the rails by any one pair of wheels; (2) the regulations respecting the speed of trains shall not authorise a rate of speed exceeding at any time twenty-five miles an hour. Publication of regulations. If the company or any person fails to comply with or acts in contravention of such conditions and regulations, or directs any one so to fail or act, such company and person shall respectively be liable to a penalty for each offence not exceeding twenty pounds, and to a like penalty for every day during which the offence continues; and every such person on conviction on indictment for any offence relating to the weight of engines, carriages, or vehicles, or the speed of trains, shall be also liable to imprisonment, with or without hard labour, for any term not exceeding two years. 29. The conditions and regulations of the Board of Trade relating to light railways shall be published and kept published by the company in manner directed with respect to bye-laws by section one hundred and ten of "The Railways Clauses Consolidation Act, 1845,"(a) and the company shall be liable to a penalty not exceeding five pounds for every day during which such conditions and regulations are not so published. (a) Ante, p. 131. THE REGULATION OF RAILWAYS ACT, 1871. (34 & 35 VICT. CAP. 78.) An Act to amend the Law respecting the Inspection and Regulation of Railways. Sect. 5. of 5 & 6 (ante, p. 242). 5. The provisions of the Regulation of Railways Act, 1842, and Extension the Acts amending the same, with respect to the opening of any Vict. c. 55, railway, shall extend to the opening of any additional line of railway, ss. 4-6, to deviation line, station, junction, or crossing on the level which forms new works 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. See 36 & 37 Vict. c. 76, s. 6, post. THE RAILWAY REGULATION (RETURNS) ACT, 1873. (36 & 37 VICT. CAP. 76.) An Act to make further Provision for the Regulation of Railways. the Board 4. Every railway company shall, on or before the fifteenth day of Returns to February in every year, make a full and true return to the Board of be made to Trade of the matters and in the forms specified in the first and of Trade by second schedules annexed to this Act, and the notes annexed to such railway companies. schedules shall be deemed to be part of this Act in the same manner as if they were enactments contained in the body thereof. If any railway company makes default in making any return required by this Act, it shall incur a penalty not exceeding five pounds for every day during which such default continues, such penalty to be recovered in manner provided by the Summary Jurisdiction Acts, upon the complaint of any officer of the Board of Trade Provided that the Board of Trade may in any case dispense with such return or any part thereof where they deem the same inapplicable. These schedules deal with numerous matters, such as signals, crossings, and method of working. of section 6 6. Where any inspecting officer of the Board of Trade has reported Amendment to that Board, in pursuance of the sixth section of the Railway of the Regulation Act, 1842, that the opening of any railway or portion of Railway a railway would in his opinion be attended with danger to the Regulation public using the same by reason of the incompleteness of the works (ante, p. 242). Act, 1842 Sect. 6. or permanent way, or the insufficiency of the establishment for working such railway, together with the grounds of such opinion, and the Board of Trade have postponed the opening of such railway or portion of a railway in pursuance of such section for the period of one calendar month, it shall be lawful for the said Board, if it thinks fit, unless in the meantime it is stated by the company to whom such railway belongs that all requisitions made by such inspecting officer upon his inspection of such railway or portion of a railway as being necessary for the safety of the public have been complied with, to direct the postponement of the opening of such railway or portion of a railway for a further period not exceeding one month without going to the expense of directing a further inspection to be made by the officer, and so on from time to time until the requisitions made by such officer have been complied with, or the said Board is otherwise satisfied that such railway or portion of a railway can be opened with safety to the public. Short title. Returns to be made twice a year by railway companies to Board of Trade THE RAILWAY RETURNS (CONTINUOUS BRAKES) ACT, 1878. (41 & 42 VICT. Cap. 20.) An Act to provide for returns respecting_Continuous Brakes in use on 1. This Act may be cited as the Railway Returns (Continuous Brakes) Act, 1878. 2. Every railway company shall twice in every year make to the Board of Trade returns respecting the use of continuous brakes on the passenger trains running on the railways worked by such company. The returns shall contain the particulars and be in the form respecting specified in the schedule to this Act, or shall contain such other continuous particulars and be in such other form as the Board of Trade from time to time prescribe: and the Board of Trade may in any case dispense with any part of the returns where they deem the same inapplicable. brakes. The returns shall be made for the six months ending on the last day of December and the last day of June in every year, or on such other days as the Board of Trade from time to time direct, and shall be made within fourteen days after the expiration of each six months. Every return shall be signed by the officer of the company responsible for the correctness of the return, and by the chairman or deputy chairman of the directors of the company, or where there are no directors by the individual or one of the individuals bound to make the return. Any railway company who fail to comply with this section shall be liable on summary conviction before a court of summary jurisdiction to a fine not exceeding five pounds for every day during which the default continues. Any person who makes or is privy to the making of a return Sect. 2. under this Act which is to his knowledge false in any particular, shall be liable on summary conviction before a court of summary jurisdiction to a fine not exceeding fifty pounds. Expressions in this Act have the same meaning as they have in 34 & 35 the Regulation of Railways Act, 1871. Vict. c. 78. THE CHEAP TRAINS ACT, 1883. (46 & 47 VICT. CAP. 34.) An Act to amend the Law relating to Railway Passenger Duty, and to amend and consolidate the Law relating to the Conveyance of the Queen's Forces by Railway. for proper accommoda 3. (1.) If at any time the Board of Trade have reason to believe- Provision (a.) That upon any railway or part of a railway, or upon any third-class line or system of railways, whether belonging to one com- tion and pany or to two or more companies, which forms a continuous workmen's means of communication, a due and sufficient proportion of trains.. the accommodation provided by such company or companies is not provided for passengers at fares not exceeding the rate of one penny a mile; or (b.) That upon any railway carrying passengers proper and sufficient workmen's trains are not provided for workmen going to and returning from their work at such fares and at such times between six o'clock in the evening and eight o'clock in the morning as appear to the Board of Trade to be reasonable, then and in either case the Board of Trade may make such inquiry as they think necessary, or may, if required by the company or any of the companies concerned, refer the matter for the decision of the Railway Commissioners, who shall have the same power therein as if it had been referred to their decision in pursuance of the Regulation of Railways Act, 1873. The company, when this Act applies, may in general, by contract on a special ticket at lower rates, limit or exclude their liability for damages for personal injury, but in the case of an infant passenger such a contract is not valid. Hall v. North Eastern Railway Company, L. R. 10 Q. B. 437; Flower v. London and North Western Railway Company [1894], 2 Q. B. 65. (2.) If on an inquiry under this Act it is proved to the satisfaction of the Board of Trade or the Railway Commissioners, as the case may be, that such proper and sufficient accommodation or workmen's trains as aforesaid are not provided by any railway company, the Board of Trade or the Railway Commissioners, as the case may be, may order the company to provide such accommodation or workmen's trains at such fares as, having regard to the circumstances, may appear to the said Board or the Commissioners to be reasonable. Sect. 3. (3.) If any company on whom an order is made under this Act to provide proper and sufficient accommodation or workmen's trains refuse, or at any time after the expiration of one month from the making thereof, neglect to comply with the order, the Board of Trade shall issue a certificate to that effect to the Commissioners of Inland Revenue, and after the date of such certificate the company shall lose the benefit of this Act and be liable to pay in respect of the fares received after such date the same amount of passenger duty as would be payable if the passenger duty had not been varied as provided by this Act, and shall continue so liable in respect of all fares received up to the date at which the Board of Trade certify that the company has complied with the said order. Where two or more companies are concerned, the certificate shall state whether both or all, or one or more, and which of them is in default. (4.) A company on whom an order is made by the Board of Trade under this section may within six months after the making of the order appeal to the Railway Commissioners, who shall have the same power in the matter as if it had been originally referred to their decision. (5.) The Board of Trade or the Railway Commissioners, as the case may be, may rescind or vary any order made by them under this section. Power to order certain provisions THE REGULATION OF RAILWAYS ACT, 1889. (52 & 53 VICT. Cap. 57.) An Act to amend the Regulation of Railways Acts; and for other purposes. 1. (1.) The Board of Trade may from time to time order a railway company to do, within a time limited by the order, and subject to any exceptions or modifications allowed by the order, any of the to be made following things: for public safety. (a.) To adopt the block system on all or any of their railways open for the public conveyance of passengers; (b.) To provide for the interlocking of points and signals on or in connexion with all or any of such railways; (c.) To provide for and use on all their trains carrying passengers continuous brakes, complying with the following requirements, namely: (i.) The brake must be instantaneous in action, and capable of being applied by the engine-driver and guards; (ii.) The brake must be self-applying in the event of any failure in the continuity of its action; (iii.) The brake must be capable of being applied to every vehicle of the train, whether carrying passengers or not; (iv.) The brake must be in regular use in daily working; (v.) The materials of the brake must be of a durable character, and easily maintained and kept in order. |