toll-collector

office, or die, abscond, or absent himself, and if such col- possession or lector or other officer, or the wife, widow, or any of the custody of family or representatives of any such collector or other at removal. officer, refuse or neglect, after seven days' notice in writing for that purpose, to deliver up to the company, or to any person appointed by them for that purpose, any station, dwelling-house, office, or other building, with its appurtenances, or any books, papers, or other matters belonging to the company in the possession or custody of any such collector or officer at the occurrence of any such event as aforesaid, then, upon application being made by the company to any justice, it shall be lawful for such justice to order any constable, with proper assistance, to enter upon such station or other building, and to remove any person found therein, and to take possession thereof, and of any such books, papers, or other matters, and to deliver the same to the company, or any person appointed by them for that purpose.

and a copy

to the clerk of the peace,

CVII. And be it enacted, That the company shall Annual every year cause an annual account in abstract to be account to be made up, prepared, showing the total receipts and expenditure of all funds levied by virtue of this or the special Act for the transmitted year ending on the thirty-first day of December, or some other convenient day in each year, under the several &c. distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified by the directors, or some of them, and by the auditors, and shall, if required, transmit a copy of the said account, free of charge, to the overseers of the poor of the several parishes through which the railway shall pass, and also to the clerks of the peace of the Counties through which the railway shall pass, on or before the thirty-first day of January then next; which last-mentioned account shall be open to the inspection of the public at all seasonable hours, on payment of the sum of one shilling for every such inspection: Provided always, that if the said company shall omit to prepare or transmit such account as aforesaid, if required so to do by any such clerk of the peace, or overseers of the poor, they shall forfeit for every such omission the sum of twenty pounds.

And with respect to the regulating of the use of the railway, be it enacted as follows:

CVIII. It shall be lawful for the company, from time

By-Laws.

Company to regulate the use of the railway.

Power to

make regulations by by-laws.

3 & 4 Vict. c. 97.

to time, subject to the provisions and restrictions in this and the special Act contained, to make regulations for the following purposes; (that is to say,)

For regulating the mode by which and the speed at which carriages using the railway are to be moved or propelled;

For regulating the times of the arrival and departure of any such carriages;

For regulating the loading or unloading of such carriages, and the weights which they are respectively to carry;

For regulating the receipt and delivery of goods and other things which are to be conveyed upon such carriages;

For preventing the smoking of tobacco, and the commission of any other nuisance, in or upon such carriages, or in any of the stations or premises occupied by the company;

And, generally, for regulating the travelling upon, or using and working of the railway;

But no such regulation shall authorize the closing of the railway, or prevent the passage of engines or carriages on the railway, at reasonable times, except at any time when in consequence of any of the works being out of repair, or from any other sufficient cause, it shall be necessary to close the railway or any part thereof.

CXIX. For better enforcing the observance of all or any of such regulations it shall be lawful for the company, subject to the provisions of an act passed in the fourth year of the reign of her present Majesty, intituled "An Act for regulating Railways," to make by-laws, and from time to time to repeal or alter such by-laws, and make others, provided that such by-laws be not repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special Act; and such by-laws shall be reduced into writing, and shall have affixed thereto the common seal of the company and any person offending against any such by-law shall forfeit for every such offence any sum not exceeding five pounds, to be imposed by the company in such by-laws as a penalty for any such offence; and if the infraction or non-observance of any such by-law or other such regulation as aforesaid be

attended with danger or annoyance to the public, or hinderance to the company in the lawful use of the railway, it shall be lawful for the company summarily to interfere to obviate or remove such danger, annoyance, or hinderance, and that without prejudice to any penalty incurred by the infraction of any such by-law.

laws.

CX. The substance of such last-mentioned by-laws, Publication when confirmed or allowed according to the provisions of of such byany act in force regulating the allowance or confirmation of the same, shall be painted on boards, or printed on paper and pasted on boards, and hung up and affixed and continued on the front or other conspicuous part of every wharf or station belonging to the company, according to the nature or subject-matter of such by-laws respectively; and so as to give public notice thereof to the parties interested therein or affected thereby; and such boards shall from time to time be renewed as often as the by-laws thereon or any part thereof shall be obliterated or destroyed; and no penalty imposed by any such by-law shall be recoverable unless the same shall have been published and kept published in manner aforesaid.

laws to be

CXI. Such by-laws, when so confirmed, published, Such byand affixed, shall be binding upon and be observed by binding on all parties, and shall be sufficient to justify all persons all parties. acting under the same; and for proof of the publication of any such by-laws it shall be sufficient to prove that a printed paper or painted board, containing a copy of such by-laws, was affixed and continued in manner by this Act directed, and in case of its being afterwards displaced or damaged then that such paper or board was replaced as soon as conveniently might be.

And with respect to leasing the railway, be it enacted Leasing of as follows: Railway.

lease the

CXII. Where the company shall be authorized by the Exercise of special Act to lease the railway or any part thereof to power to any company or person, the lease to be executed in pur- railway. suance of such authority shall contain all usual and proper covenants on the part of the lessee for maintaining the railway, or the portion thereof comprised in such lease, in good and efficient repair and working condition during the continuance thereof, and for so leaving the

Powers

same at the expiration of the term thereby granted, and such other provisions, conditions, covenants, and agreements as are usually inserted in leases of a like nature.

CXIII. Such lease shall entitle the company or person vested in the to whom the same shall be granted to the free use of the be exercised railway or portion of railway comprised therein, and by the lessees. during the continuance of any such lease all the powers

company may

Carriages and Engines.

Engines to

consume

their smoke.

Engines to

be approved

by the company, and

approval

given.

and privileges granted to and which might otherwise be exercised and enjoyed by the company, or the directors thereof, or their officers, agents, or servants, by virtue of this or the special Act, with regard to the possession, enjoyment, and management of the railway, or of the part thereof comprised in such lease, and the tolls to be taken thereon, shall be exercised and enjoyed by the lessee, and the officers and servants of such lessee, under the same regulations and restrictions as are by this or the special Act imposed on the company, and their directors, officers, and servants; and such lessee shall, with respect to the railway comprised in such lease, be subject to all the obligations by this or the special Act imposed on the company.

And with respect to the engines and carriages to be brought on the railway, be it enacted as follows:

CXIV. Every locomotive steam-engine to be used on the railway shall, if it use coal or other similar fuel emitting smoke, be constructed on the principle of consuming and so as to consume its own smoke; and if any engine be not so constructed the company or party using such engine shall forfeit five pounds for every day during which such engine shall be used on the railway.

CXV. No locomotive or other engine, or other description of moving power, shall at any time be brought upon or used on the railway unless the same certificate of have first been approved of by the company; and within fourteen days after notice given to the company by any party desirous of bringing any such engine on the railway the company shall cause their engineer or other agent to examine such engine at any place within three miles distance from the railway to be appointed by the owner thereof, and to report thereon to the company; and within seven days after such report, if such engine be proper to be used on the railway the company

to be re

moved.

shall give a certificate to the party requiring the same of their approval of such engine; and if at any time the Unfit engines engineer or other agent of the company report that any engine used upon the railway is out of repair, or unfit to be used upon the railway, the company may require the same to be taken off, or may forbid its use upon the railway until the same shall have been repaired to the satisfaction of the company, and upon the engine being so repaired the company shall give a certificate to the party requiring the same of their approval of such engine; and if any difference of opinion arise between the company and the owner of any such engine as to the fitness or unfitness thereof for the purpose of being used on the railway, such difference shall be settled by arbitration.

per engines.

CXVI. If any person, whether the owner or other Penalty for person having the care thereof, bring or use upon the using improrailway any locomotive or other engine, or any moving power, without having first obtained such certificate of approval as aforesaid, or if, after notice given by the company to remove any such engine from the railway, such person do not forthwith remove the same, or if, after notice given by the company not to use any such engine on the railway, such person do so use such engine, without having first repaired the same to the satisfaction of the company, and obtained such certificate of approval, every such person shall in any of the cases aforesaid forfeit to the company a sum not exceeding twenty pounds; and in any such case it shall be lawful for the company to remove such engine from the railway.

be con

structed

regulations.

CXVII. No carriage shall pass along or be upon the Carriages to railway (except in directly crossing the same, as herein or by the special Act authorized,) unless such carriage be according to at all times, so long as it shall be used or shall remain company's on the railway, of the construction and in the condition which the regulations of the company for the time being shall require; and if any dispute arise between the company and the owner of any such carriage as to the construction or condition thereof, in reference to the then existing regulations of the company, such dispute shall be settled by arbitration.