Application of Penalties-Evidence. 457 CL. The justices by whom any such penalty or for- 8 & 9 VICT. C. 20. feiture shall be imposed may, where the application thereof Application of is not otherwise provided for, award not more than one-half penalties. thereof to the informer, and shall award the remainder to the overseers of the poor of the parish in which the offence shall have been committed, to be applied in aid of the poor's-rate of such parish, or if the place wherein the offence shall have been committed shall be extra-parochial, then such justices shall direct such remainder to be applied in aid of the poor's-rate of such extra-parochial place, or, if there shall not be any poor's-rate therein, in aid of the poor's-rate of any adjoining parish or district. sued for within CLI. No person shall be liable to the payment of any Penalties to be penalty or forfeiture imposed by virtue of this or the special six months. act, or any act incorporated therewith, for any offence made cognizable before a justice, unless the complaint respecting such offence shall have been made before such justice within six months next after the commission of such offence. See note to s. 142 of the Lands Clauses Act, ante, p. 201. made good in addition to CLII. If through any act, neglect, or default on account Damage to be whereof any person shall have incurred any penalty imposed by this or the special act, any damage to the property penalty. of the company shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty; and the amount of such damages shall, in case of dispute, be determined by the justices by whom the party incurring such penalty shall have been convicted; and on nonpayment of such damages, on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their or his warrant accordingly. nesses making CLIII. It shall be lawful for any justice to summon any Penalty on witperson to appear before him as a witness in any matter in default, which such justice shall have jurisdiction under the provisions of this or the special act, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter; and if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable 8 & 9 Vior. c. 20. sum for his expenses, or if any person appearing shall refuse to be examined upon oath or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence. Transient offenders. Liability of companies for wrongful acts of their servants. Agency. False imprisonment by company's servant. CLIV. It shall be lawful for any officer or agent of the company, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against the provisions of this or the special act, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before some justice, without any warrant or other authority than this or the special act; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender. Railway companies, as well as private individuals, who employ servants, are responsible for the tortious acts of the servants done in their employ. The general rule of law is, that a master is responsible for all acts done by his servant in the course of his employment, though without particular directions: (per Lord Holt, C. J., Turberville v. Stampe, 1 Lord Raym. 264 ;) the tests applicable for determining the liability of the master being, is the servant "in the employ" of his master at the time of committing the grievance ? (per Jervis, C. J., 13 C. B. 246;) was he authorised by his master to do the act complained of? (Gordon v. Rolt, 4 Exch. 365 ;) if so, the maxim respondeat superior applies. But the employer is not liable where an injury is committed by the servant wilfully, whilst neither employed in his master's service, nor acting within the scope of his authority: (See Lyons v. Martin, 8 A. & El. 512; Joel v. Morrison, 6 C. & P. 501; Gregory v. Piper, 9 B. & C. 591;) nor where the relation of principal and agent has terminated before the commission of the act complained of: (Brown v. Copley, 8 Sco. N. R. 350.) Thus where a person was given into custody by the company's ticket collector, under orders from the superintendent of the line, for having at the end of a return journey given up an old half ticket which he had put into his pocket by mistake for the right one, it was held that the company were liable for the false imprisonment : (Goff v. Great Northern Railway Co., 30 L. J. (Q. B.) 148.) It was further held that from secs. 103, 104, of the present act, it might reasonably be assumed that a railway company, carrying passengers, would in the ordinary course of business, have on the spot officers with authority to determine, without delay, whether the company's servants should, or should not, on the company's behalf, apprehend a passenger accused of the offence of travelling without having paid his fare, with intent to avoid payment thereof; and that the fact of all the subordinate servants of the company referring to the superintendent of the line as the superior authority, was sufficient Liability of Company for Tortious Acts of Servants. 459 evidence that he was an officer having authority from the company 8 & 9 VICT. C. 20. to act for them in the matter: (Ibid.) In such a case the loss of a pair of race glasses, which the petitioner had left behind him in the railway carriage, when he was removed by the company's servants, was held to be damage too remote to be recovered in an action against the company: (Glover v. London and South-Western Railway Co., L. R. 3 Q. B. 25.) As to the removal of a drunken passenger with unnecessary Removal for violence, see Seymour v. Greenwood, 30 L. J. (Exch.) 189, 327, where drunkenness. the owner of an omnibus was held responsible for an act of this kind on the part of the conductor. Where a servant of a railway company gave into custody a pas- Ratification. senger who, at the end of his journey, refused to deliver up his ticket, or pay the fare, and the attorney of the company appeared before the magistrate to conduct the charge, it was held in an action of trespass against the company, that this act of their attorney did not amount to a ratification on their part of the unauthorised act of their servant: (Eastern Counties Railway Co. v. Broom, 6 Exch. 314: 6 R. C. 743.) Where, however, the servant has no authority to do the act complained of, and the company do not ratify it, they will not be held responsible for his wrongful act. Thus, in absence of proof, that the superintendent of a railway station was, either by general or particular instructions, authorised to arrest a passenger for not paying his fare, it was held that an action of trespass could not be maintained against the company for such a wrongful act on the part of their superintendent: (Roe v. Birkenhead, &c., Railway Co., 7 Exch. 36; 6 R. C. 795.) Where plaintiff took a ticket for himself as a passenger by defendants' railway, and by the same train a horse of the plaintiff's was conveyed, in respect of which (by a special agreement of the company) nothing was payable, and the plaintiff on leaving the station was taken into custody by direction of the stationmaster, for nonpayment of the customary charge for a horse, it was held in an action against the company, for false imprisonment, that as the statute gave no power to arrest a person fraudulently neglecting to pay the charge for animals or goods, the company could not be presumed to have authorised an act, which they themselves had no authority to do, and therefore that they were not liable: (Poulton v. London and South-Western Railway Co., 36 L. J. (Q. B.) 294; 17 L. T. N. S. 11.) And where a quarrel arose on the premises of a railway company, between a servant of the company and a number of persons, one of whom was given into custody by the company's servant, on a charge of assault, and obstructing him in the discharge of his duty, it was held that the company could not be made responsible for this act of their servant: (Lumsden v. London and South-Western Railway Co., 16 L. T. N. S. 109; Nisi Prius.) tion. CLV. The justices before whom any person shall be Form of convicconvicted of any offence against this or the special act, or any act incorporated therewith, may cause the conviction 8 & 9 VICT. C. 20. to be drawn up according to the form in the schedule to this act annexed. to be quashed for Proceedings not CLVI. No proceeding in pursuance of this or the special want of form, &c. act, or any act incorporated therewith, shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the Superior Courts. Parties allowed to appeal to on giving security. See note to s. 145 of the Lands Clauses Act, ante, p. 302. CLVII. If any party shall feel aggrieved by any deterQuarter Sessions mination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this or the special act, or any act incorporated therewith, such party may appeal to the general Quarter Sessions for the county or place in which the cause of appeal shall have arisen; but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognisances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the Court thereon. Court to make such order as they think reasonable. Receiver of police district to CLVIII. At the Quarter Sessions for which such notice shall be given the Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following Sessions; and upon the hearing of such appeal the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. CLIX. Provided always, and be it enacted, That notmetropolitan withstanding anything herein or in the special act, or any receive penalties act incorporated therewith, contained, every penalty or forfeiture imposed by this or the special act, or any act incurred within his district. incorporated therewith, or by any bye-law in pursuance 8 & 9 Vier. c. 20. thereof, in respect of any offence which shall take place within the metropolitan police district, shall be recovered, enforced, accounted for, and, except where the application thereof is otherwise specially provided for, shall be paid to the receiver of the metropolitan police district, and shall be applied in the same manner as penalties or forfeitures, other than fines upon drunken persons, or upon constables for misconduct, or for assaults upon police constables, are directed to be recovered, enforced, accounted for, paid, and applied by an act passed in the third year of the reign of her present Majesty, intituled, " An Act for Regulating the 2 & 3 Vict. e. 71. Police Courts in the Metropolis ;" and every order or conviction of any of the police magistrates in respect of any such forfeiture or penalty shall be subject to the like appeal, and upon the same terms, as is provided in respect of any order or conviction of any of the said police magistrates by the said last-mentioned act; and every magistrate by whom any order or conviction shall have been made shall have the same power of binding over the witnesses who shall have been examined, and such witnesses shall be entitled to the same allowance of expenses as he or they would have had or been entitled to in case the order, conviction, and appeal had been made in pursuance of the provisions of the said last-mentioned act. liable to penalties CLX. And be it enacted, That every person who, upon Persons giving any examination upon oath, under the provisions of this false evidence or the special act, or any act incorporated therewith, shall of perjury. wilfully and corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. land to be ushers' CLXI. And be it declared and enacted, That all sums Money paid into of money which have been or shall be paid into the Bank the Bank of Ireof Ireland in the name and with the privity of the exempt from Accountant-General of the Court of Chancery of Ireland, poundage. under the provisions of an act passed in the second year of the reign of her present Majesty, intituled, "An Act to 1 & 2 Vict. c. 117. Provide for the Custody of certain Moneys paid in pursuance of the Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament," shall and |