In making any order under this section the Board of Trade shall Sect. 1. have regard to the nature and extent of the traffic on the railway, and shall, before making any such order, hear any company or person whom the Board of Trade may consider entitled to be heard. orders of 2. If default is made in compliance with any order made by the EnforceBoard of Trade in pursuance of the last foregoing section, the Railway ment of and Canal Commission may, on the application of the Board of Board of Trade, enjoin obedience to the order, and thereupon the order Trade. may be enforced as if it were made by the Commissiion for the purpose of carrying into effect any of the provisions of the Acts under which the Commission have jurisdiction. stock to meet incurred 3. Whenever any railway company shall be ordered by the Board Issuing of Trade to provide any appliances, or execute any works, or incur debenture any expenditure under the provisions of this Act which would properly be chargeable to capital account, it shall be lawful for such expenses company to furnish to the Board of Trade an estimate of the cost of under this providing such appliances, executing such works, and carrying out Act. such order generally, and thereupon the Board of Trade shall, upon the application of the company, fix and determine the amount which would properly be capital expenditure, and the company may from time to time issue debentures or debenture stock in priority to or ranking pari passu with any existing debentures or debenture stock of such company bearing interest at a rate not exceeding five per cent. per annum to an amount not exceeding the sum so fixed and determined, and any money raised under the provisions of this section shall be applied in carrying out such requirements of the Board of Trade and to no other purpose whatsoever, and no other authority save the certificate of the Board of Trade shall be requisite to authorise and validate the issue of such debentures or debenture stock. Board of 4. (1.) Every railway company shall make to the Board of Trade Returns of periodical returns as to the persons in the employment of the overtime to company whose duty involves the safety of trains or passengers, and Trade. who are employed for more than such number of hours at a time as may be from time to time named by the Board of Trade. (2.) The returns shall be delivered at such intervals, and shall be in such form, and contain such particulars, as the Board of Trade from time to time direct. (3.) The provisions of sections nine and ten of the Regulation of 34 & 35 Vict. Railways Act, 1871, with respect to penalties, shall apply to returns c. 78. under this section. It would seem probable, having regard to the course of legislation as indicated by the Railways Regulation Act, 1893, that this section will be applied, or applied with modifications, to light railways, by the orders authorising them. payment of 5. (1.) Every passenger by a railway shall, on request by an Penalty for officer or servant of a railway company, either produce, and if so avoiding requested deliver up, a ticket showing that his fare is paid, or pay fare. his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding forty shillings. Sect. 5. Passenger ticket to have fare printed thereon. Power to laws as to stations. (2.) If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, refuses, on request by an officer or servant of a railway company, to give his name and address, any officer of the company or any constable may detain him until he can be conveniently brought before some justice or otherwise discharged by due course of law. (3.) If any person (a.) Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or (b.) Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or (c.) Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address, he shall be liable on summary conviction to a fine not exceeding forty shillings, or, in the case of a second or subsequent offence, either to a fine not exceeding twenty pounds, or in the discretion of the court to imprisonment for a term not exceeding one month. (4.) The liability of an offender to punishment under this section shall not prejudice the recovery of any fare payable by him. Some intelligible provision seems needed to deal with cases of refusal to show the ticket, and cases of travelling without a ticket or beyond the journey covered by the ticket. It is suggested that to do any of these things without lawful excuse should be an offence, and that the burden of proving lawful excuse should be on the passenger. It is presumed that as the above enactment will not, without being expressly applied by the order, apply to light railways, the matter is intentionally left for the consideration of the Commissioners. See Huffam v. North Staffordshire Railway Company [1894], 2 Q. B. 821. 6. From and after a date to be fixed by order of the Board of Trade, and subject to such exceptions, if any, as may be allowed by such order, every passenger ticket issued by any railway company in the United Kingdom shall bear upon its face, printed or written in legible characters, the fare chargeable for the journey for which such ticket is issued, and any railway company issuing any passenger ticket in contravention of the provisions of this section shall be liable to a penalty not exceeding forty shillings for every ticket so issued, to be recovered on summary conviction. 7. The power conferred on a railway company by the Railways make bye- Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation Act (Scotland), 1845, to make byelaws subject to disallowance by the Board of Trade, shall include power to make byelaws for maintaining order in, and regulating the use of, railway stations and the approaches thereto. Short title. 8. (1.) This Act may be cited as the Regulation of Railways Act, 1889. (2.) This Act and the Regulation of Railways Acts, 1840 to 1871, may be cited collectively as the Regulation of Railways Acts, 1840 to 1889. ENACTMENTS MENTIONED, ETC. The following enactments are mentioned in, or connected with, the Light Railways Act, 1896. They are printed in order of date :— IMPROVEMENT OF LAND ACT, 1864. (27 & 28 VICT. CAP. 114.) For "the Commissioners" throughout this Act read the "Board of Agriculture" The Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30). Sect. 8. tion of 8. The word "landowner" shall mean herein, as to lands in InterpretaEngland, the person who shall be in the actual possession or receipt "landof the rents or profits of any land, whether of freehold, copyhold, owner." customary, or other tenure, except where such person shall be a tenant for life or lives holding under a lease for life or lives not renewable, or shall be a tenant for years holding under a lease or an agreement for a lease for a term of years not renewable, whereof less than twenty-five years shall be unexpired at the time of making any application to the Commissioners, without regard to the real amount of the interest of any person so excepted; and in the case where the person in the actual possession or receipt of the rents or profits of any land shall fall within the above exceptions, then the person who for the time being shall be in the actual receipt of the rent payable by the person so excepted, unless he shall also fall within the above exceptions, shall, jointly with the person who shall be liable to the payment thereof, be deemed for the purposes of this Act to be the owner of such lands; and as to lands in Scotland, the word "landowner" shall denote and include every fiar, liferenter, or heir of entail who shall be in the actual possession of the land, or in receipt of the rents payable on the tacks, leases, or tenancies of the tenants in the actual possession thereof; and as to lands in Ireland, the word "landowner" shall mean such person as under the Act passed in the first and second years of the reign of Her present Majesty, intituled an Act to abolish Compositions for Tithes in 1 & 2 Vict. Ireland and to substitute rentcharges in lieu thereof, shall have the c. 109. first estate of inheritance, or other estate or interest equivalent to a perpetual estate or interest therein, and also any tenant in dower or by the courtesy, or any person having under the limitations of any settlement by deed, will, Act of Parliament, or otherwise any estate for life, or other particular estate thereby created or limited out of or in any estate of inheritance, or by, out of, or in any such estate or interest as by or under the last-mentioned Act is to be deemed equivalent to a perpetual estate or interest and as to lands in any part of the United Kingdom, the word "landowner" shall include a corporation, and also such persons as are empowered by the twentythird section hereof. : See Light Railways Act, 1896, s. 19 (2), ante, p. 75. Sect. 9. Interpretation of "improvement of land." Interpreta- Application to Commissioners to sanction improvements. Joint application by several 9. By the "improvement of land" shall herein be meant all or any of the following matters: (6.) The making of permanent farm roads and permanent tramways and railways and navigable canals for all purposes connected with the improvement of the estate. (11.) The construction or improvement of jetties or landing places on the sea coast, or on the banks of navigable rivers or lakes, for the transport of cattle, sheep, and other agricultural stock and produce, and of lime, manure, and other articles and things for agricultural purposes; provided that the Commissioners shall be satisfied that such works will add to the permanent value of the lands to be charged to an extent equal to the expense thereof. (12.) The execution of all such works as in the judgment of the Commissioners may be necessary for carrying into effect any matter hereinbefore mentioned, or for deriving the full benefit thereof. See also sections 25 and 30 of the Settled Land Act, 1882, which extend these improvements. 10. The word "person" shall in this Act include companies and all other corporations. And with regard to the proceedings preliminary to the sanction of any improvements, be it enacted as follows: 11. When any landowner shall be desirous of borrowing or advancing money under this Act for the improvement of his land, he shall make an application to the Commissioners to sanction the proposed improvements in such manner and form, and stating such particulars as the Commissioners shall from time to time direct ; and until the proposed improvements shall have been sanctioned by the Commissioners in manner hereinafter mentioned, the application may be withdrawn or altered, or consolidated with any other application, at the pleasure of the applicant, but without prejudice to his liability as hereinafter mentioned for the expenses incurred by the Commissioners or their officers in consequence of his application. 12. Any two or more landowners may, with the consent of the Commissioners, join in an application to them to sanction the landowners. improvement of the lands of such landowners respectively, but the sum to be charged in pursuance of any such joint application shall be apportioned so that a separate and distinct sum may become charged on the land of each landowner. Commis 13. The Commissioners may from time to time frame and circulate, sioners may as they shall see occasion, forms indicating the particulars of the issue forms; information to be furnished to them by landowners for the purposes of this Act, and such other forms as the Commissioners may deem expedient for facilitating any proceedings under this Act. require security for expenses; 14. The Commissioners may require security to be given to them by the landowner, by bond, deposit, or otherwise, in such form as they may think fit, for the payment to them of the expenses which Sect. 14. they or their officers shall incur in respect of the investigation on any application, and, if they shall issue such provisional or other sanctioning order as hereinafter mentioned, of the expenses which they or their officers shall incur in inspecting and ascertaining the due execution of the works: but unless the Commissioners shall issue such absolute order as hereinafter mentioned, such payment shall not be a charge on the land to which such application relates, but shall be a debt due by the person making such application to the Commissioners, and shall be recoverable by them as in the nature of a Crown debt. cation to 15. If the Commissioners shall think fit to entertain the applica- cause of tion so made to them, they may cause the land to be inspected and appliexamined by an assistant Commissioner, or an engineer or surveyor, be investiwho shall have regard to and examine the proposals and statements gated; contained in such application, and shall report his opinion thereon, and who shall also report whether in his judgment the proposed improvements will effect a permanent increase of the yearly value of the land exceeding the yearly amount proposed to be charged thereon in respect of the improvements applied for; and the Commissioners may by themselves or any assistant Commissioner, engineer, or surveyor, make such other inquiries in relation to any such application as they shall think fit: provided that the above requisition as to increased annual value shall not apply to any outlay proposed to be made upon or in respect of planting only. 16. The Commissioners shall have power to require such altera- and require tions as they shall think expedient to be made in the improvements proposed proposed, or in the proposed mode of executing them. Sections 17 and 18 have been repealed by the Settled Land Act, 1882. improvements to be modified. navigable 19. If the Commissioners shall consider that any proposed The same improvement would interfere with any navigable river or canal in case of respectively vested in or under the management or control of any rivers and Commissioners, trustees, conservators, undertakers, company, or other canals. body or individuals, or the banks or other works or conveniences thereof, or would occasion the flow or discharge into such river or canal of any drainage or other matter, the landowner shall give notice of the application in writing, together with a plan and section of the proposed improvement, to such Commissioners, trustees, conservators, undertakers, company, or other body, or individuals; and in case they shall, within one month after the receipt of such notice, signify in writing to the Commissioners their dissent from such application, and state the nature of their interests in or authority over such river or canal, the Commissioners shall certify such dissent to the landowner by whom the application was made, and shall not sanction the improvement unless or until such dissent be withdrawn, or on order made by the High Court of Chancery in England or Ireland respectively, or by the Court of Session in Scotland, in manner hereinafter provided, authorising the Commissioners to sanction the improvement. |