List of Tolls-Milestones-Payment of Tolls. (b) See ss. 115 and 117 of this act, post. 427 8 & 9 VICT. C. 20. exhibited on a XCIII. A list of all the tolls authorised by the special List of tolls to be act to be taken, and which shall be exacted by the com- board. pany, shall be published (a) by the same being painted upon one toll board or more in distinct black letters on a white ground, or white letters on a black ground, or by the same being printed in legible characters on paper affixed to such board, and by such board being exhibited in some conspicuous place on the stations or places where such tolls shall be made payable. (a) See Fripp v. Chard Railway Co., 22 L. J. (Ch.) 1084; 17 Jur. 887, in which it was doubted whether a resolution of the directors that the tolls on carriage should be reduced in case a certain quantity of goods should be carried, was binding until the effect of the resolution had been painted up as required by the act. See s. 15 of 31 & 32 Vict. c. 119, post. XCIV. The company shall cause the length of the Milestones. railway to be measured, and milestones, posts, or other conspicuous objects to be set up and maintained along the whole line thereof, at the distance of one quarter of a mile from each other, with numbers or marks inscribed thereon denoting such distances. set up. XCV. No tolls shall be demanded or taken by the rolls to be taken company for the use of the railway during any time at board exhibited which the boards hereinbefore directed to be exhibited and milestones shall not be so exhibited, or at which the milestones hereinbefore directed to be set up and maintained shall not be so set up and maintained; and if any person wilfully pull down, deface, or destroy any such board or milestone, he shall forfeit a sum not exceeding five pounds for every such offence. the company XCVI. The tolls shall be paid to such persons, and at Tolls to be paid such places upon or near to the railway, and in such as directed by manner and under such regulations, as the company shall, by notice to be annexed to the list of tolls, appoint (a). (a) See Rowe v. Shilson, 4 B. & Ad. 726. goods, &c., may XCVII. If, on demand, any person fail to pay the tolls In desault of due in respect of any carriage or goods, it shall be lawful payment of tolls, for the company to detain (a) and sell such carriage, or be detained and all or any part of such goods, or, if the same shall have sold. 8 & 9 VICT. c. 20. been removed from the premises of the company, to detain and sell any other carriages or goods within such premises belonging to the party liable to pay such tolls, and out of the moneys arising from such sale to retain the tolls payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus, if any, of the moneys arising by such sale, and such of the carriages or goods as shall remain unsold, to the person entitled thereto, or it shall be lawful for the company to recover any such tolls by action at law. Distraint for tolls. Account of lad ing, &c., to be, given. Penalty for not (a) The sum actually due for tolls must be demanded before the company can distrain for them: (Field v. Newport, &c., Railway Co., 3 H. & N. 409; 27 L. J. (Exch.) 396.) Where a railway company entitled to distrain for tolls demanded a gross sum made up of two sums, one due for toll, the other not so due, and the party tendered the amount due for tolls as being all that was due, it was held that the company were not entitled to distrain, but were not precluded by the tender from recovering the toll: (Ibid.) A railway company were held authorised, under a section similar to the present, to detain and sell for rates and charges which had become due in respect of goods previously delivered without payment of the rates and charges due upon them, other goods of the same owner which happened to be at the time of detention on their premises: (Green v. St Katherine Dock Co., 19 L. J. (Q. B.) 53; 13 Jur. 1116.) XCVIII. Every person being the owner or having the care of any carriage or goods passing or being upon the railway shall, on demand, give to the collector of tolls, at the places where he attends for the purpose of receiving goods or of collecting tolls for the part of the railway on which such carriage or goods may have travelled or be about to travel, an exact account in writing, signed by him, of the number or quantity of goods conveyed by any such carriage, and of the point on the railway from which such carriage or goods have set out or are about to set out, and at what point the same are intended to be unloaded or taken off the railway; and if the goods conveyed by any such carriage, or brought for conveyance as aforesaid, be liable to the payment of different tolls, then such owner or other person shall specify the respective numbers or quantities thereof liable to each or any of such tolls. XCIX. If any such owner or other such person fail to giving account give such account, or to produce his way-bill or bill of lading, to such collector or other officer or servant of the of lading. Disputes as to amount of Tolls, Weights, &c. 429 company demanding the same, or if he give a false account, 8 & 9 VICT. C. 20. or if he unload or take off any part of his lading or goods at any other place than shall be mentioned in such account, with intent to avoid the payment of any tolls payable in respect thereof, he shall for every such offence forfeit to the company a sum not exceeding ten pounds for every ton of goods, or for any parcel not exceeding one hundredweight, and so in proportion for any less quantity of goods than one ton, or for any parcel exceeding one hundredweight, (as the case may be,) which shall be upon any such carriage; and such penalty shall be in addition to the toll to which such goods may be liable. amount of tolls C. If any dispute arise concerning the amount of the Disputes as to tolls due to the company, or concerning the charges occa- chargeable. sioned by any detention or sale thereof under the provisions herein or in the special act contained, the same shall be settled by a justice; and it shall be lawful for the company in the meanwhile to detain the goods, or (if the case so require) the proceeds of the sale thereof. CI. If any difference arise between any toll collector or Differences as to other officer or servant of the company and any owner of weights, &c. or person having the charge of any carriage passing or being upon the railway, or of any goods conveyed or to be conveyed by such carriage, respecting the weight, quantity, quality, or nature of such goods, such collector or other officer may lawfully detain such carriage or goods, and examine, weigh, gauge, or otherwise measure the same; and if upon such measuring or examination such goods appear to be of greater weight or quantity or of other nature than shall have been stated in the account given thereof, then the person who shall have given such account shall pay, and the owner of such carriage, or the respective owners of such goods, shall also, at the option of the company, be liable to pay, the costs of such measuring and examining; but if such goods appear to be of the same or less weight or quantity than and of the same nature as shall have been stated in such account, then the company shall pay such costs, and they shall also pay to such owner of or person having charge of such carriage, and to the respective owners of such goods, such damage (if any) as shall appear to any justice, on a summary application to him for that purpose, to have arisen from such detention. 8 & 9 VICT. c. 20. be liable for wrongful deten tion of goods. CII. If at any time it be made to appear to any justice, Toll collector to upon the complaint of the company, that any such detention, measuring, or examining of any carriage or goods, as hereinbefore mentioned, was without reasonable ground, or that it was vexatious on the part of such collector or other officer, then the collector or other officer shall himself pay the costs of such detention and measuring, and the damage occasioned thereby; and in default of immediate payment of any such costs or damage the same may be recovered by distress of the goods of such collector, and such justice shall issue his warrant accordingly. Penalty on passengers prac the company. CIII. If any person travel or attempt to travel in any tising frauds on carriage of the company, or of any other company or party using the railway, without having previously paid his fare (a), and with intent to avoid payment thereof (b), or if any person, having paid his fare for a certain distance, knowingly and wilfully proceed in any such carriage beyond such distance, without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect, on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall for every such offence forfeit to the company a sum not exceeding forty shillings (c). Excursion tickets. (a) Where the fare from A. to C. is less than from A. to B. a station intermediate between A. and C., a passenger who pays the fare from A. to C,, in order to evade payment of the larger fare from A. to B., and then gets out at B., cannot be convicted under this section: (R. v. Frere, 4 El. & B. 598.) This was the case of an ordinary passenger ticket, the difference in fare being the result of competition. In the case of excursion trains, however, where the tickets usually have printed on them a notice that they are not available for any other station than the one named on them, or some reference to the bills relating to the trip, the contract would doubtless be held a special one, and the passenger be compelled to pay the fare to the station where he alights (See Stewart v. London and North-Western Railway Co., 33 L. J. (Exch.) 199.) In the former case, Lord Campbell, C. J., in giving judgment, observed, "I cautiously abstain from expressing any opinion as to the power of the company to make special regulations or bye-laws so as to enforce larger fares for shorter distances." (b) The fraudulent intention is the gist of the offence. Therefore, if a person with no intention to defraud the railway company travels further than the station to which his ticket entitles him to go, he Frauds by Passengers on Railway Company. 431 cannot be convicted under this section: (See Dearden v. Townsend, 8 & 9 VICT. c. 20. L. R. 1 Q. B. 10, notes to s. 109, post.) master for his servants. A bye-law of a railway company provided that no passenger should Tickets taken by enter a carriage without having first paid his fare and obtained a ticket: that each passenger on payment of his fare should be furnished with a ticket, which he should show when required, and deliver up on demand before leaving the company's premises. A passenger having three servants with him took tickets for himself and them by a certain train. He took his seat, with the tickets in his possession, in one part of the train and the servants entered another part, (the horse-boxes.) The train was divided into two parts by the company, that in which the master was seated being first despatched, he having before leaving showed the tickets for himself and the servants. Afterwards when the second part of the train was about to be despatched, a duly authorised servant of the company demanded the servants' tickets, which they were unable to show, and therefore were not allowed to travel by the train. It was held that this was a breach of contract by the company, for which they were responsible, notwithstanding the bye-law; that they could not justify their refusal to carry the servants, inasmuch as they had given the tickets to the master, and by the division of the train had separated him from his servants: (Jennings v. Great Western Railway Co, 35 L. J. (Q. B.) 15; 12 Jur. N. S. 331.) This decision was based on the ground that the bye-law being made for the protection of the company; if they sought to enforce it, they must keep themselves in a condition to do so, which they had not done here, because they gave the tickets to the master for the servants, who were to go by the same train. three years. By 7 & 8 Vict. c. 85, s. 6, railway companies are bound to carry Children under by certain trains children under three years of age without charge, and are entitled to half the fare charged for an adult in respect of all children between three and twelve years of age. The mother of a boy three years and two months old, carrying him in her arms, took a ticket for herself by one of these trains on the defendants' railway, but did not take a ticket for the boy. She was not asked at the time his age, and had no intention to defraud the company. The boy in the course of the journey having sustained an injury through the negligence of the defendants' servants, was held entitled to recover against the defendants for the injury he had sustained: (Austin v. Great Western Railway Co., L. R. 2 Q. B. 442.) (c) An indictment may be preferred against a person for obtaining a railway ticket by false pretences: (R. v. Boulton, 2 Car. & K. 919; 1 Den. C. C. 508; 13 Jur. 1034; R. v. Beecham, 5 Cox C. C. 181.) CIV. If any person be discovered, either in or after Detention of committing or attempting to commit any such offence as in offenders (a). the preceding enactment mentioned, all officers and servants and other persons on behalf of the company, or such other company or party as aforesaid, and all constables, gaolers, and peace officers, may lawfully apprehend and detain such person until he can conveniently be taken be |