« EelmineJätka »
ing with such luggage; in other words, for gross negligence, and à fortiori for a wilful misfeasance.(b)
452. Again, the articles composing the luggage may be of the kinds enumerated in the Carriers' Act, and so the company may be entitled in regard of them to the protection of such act, though this of course they can claim only when a notice has been duly affixed in their offices, &c., pursuant to the requisitions of the act.
453. Lastly, the company may be entitled to a protection more or less extensive in regard of the luggage of passengers under the provisions of their own act of incorporation; as, for instance, where a railway act provided that the company should not be responsible for any thing taken with him by a passenger, save articles of clothing of a given weight and dimensions. Under a provision of the above kind, the company are exempt from all liability in respect of goods accompanying a passenger, not being articles of clothing of the requisite weight and dimensions, (c) that is to say, from all liability as carriers; for the clause cannot, it is conceived, be construed into a licence to the company to divest themselves of their character as carriers as to such goods, and deal with them at their own free will and pleasure.
454. The rights (d) of the company as passenger
(b) The company cannot, it is conceived, by such a contract, be allowed to contravene any of the provisions of their act in favour of the public.
(c) Elwell v. The Grand Junction Railway Company, 5 M. &
(d) As to the right of detaining passengers practising frauds
carriers. They have a right to demand and receive their fare at the time when the passenger engages his seat; if he refuses to pay it, they are not bound to carry him. (e) The company as passenger carriers also have a lien on the baggage of the passenger for his fare, but not on the person of the pas
senger, or the clothes he has on. (ƒ)
on the company under Railways Clauses Consolidation Act (8 Vict. c. 20), see act, ss. 103, 104, post, App.
(e) In order to secure the due payment of their fares, and to guard against frauds as well on the part of the public as of their own servants, railway companies have invariably found it indispensable to adopt the ticket system, which requires fares in all instances to be prepaid, and tickets given to the passengers, which are considered as the sole vouchers for the payment of the fare, and are collected from the passengers before they leave the trains or stations. Rep. Railw. Department, 1842, p. xvii. (f) See Storey on Bailments, ss. 603. 604.
Of certain general Statutory Provisions for the Regulation, &c. of Railway Companies, whereby their Powers, Duties, Obligations, &c. are more or less extensively modified. (a)
I-Of Powers of Supervision reserved to Board of Trade.
III.-Of Regulations tonching matters of Police.
IV.—Of Provisions qualifying or extending the Duties, &c. of Railway Companies.
V. Of certain conditions annexed to future Grants of Powers for making of Railways.
I. Of Powers of Supervision reserved to Board of Trade over Railway Compaies. (b)
455. Inspection of Railways. The board of Trade, in the first place, may appoint proper persons for the inspection of railways, and also for the purpose of
(a) There are certain general provisions of the acts in question relating more or less to all the above heads, that it may be proper to notice in this place. As to the interpretation of acts, see 3 & 4 Vict. c. 97, s. 21; 5 & 6 Vict. c. 55, s. 21; 7 & 8 Vict. c. 85, s. 25. See also as to recovery and application of penalties, 5 & 6 Vict. c. 55, s. 22; 7 & 8 Vict. c. 85, s. 24. As to taking away of certiorari, see 3 & 4 Vict. c. 97, s. 17. Also as to the service of all communications to or from Board of Trade, and the authentication of the latter, &c., see 3 & 4 Viet. c. 97, s. 20; 5 & 6 Vict. c. 55, s. 19; 7 & 8 Vict. c 85, s. 23. (b) As to power given to Board of Trade to certify for construction of screens to roads under Railway Clauses Consolidation
enabling the Board to carry out the provisions of any general act relating to railways. (c) Persons appointed in the capacity of inspectors are authorized at all reasonable times and upon producing their authority, if required, to enter upon and examine the railway and the works, &c., belonging thereto; and wilfully to obstruct any such person in the execution of his duty subjects the guilty party to a penalty not exceeding 10l., which is recoverable before a single justice. (d)
456. Notice of Opening. Railways are not to be opened without a twofold notice to the Board of Trade, 1st, of the intended opening; and 2ndly, of the time when the railway will, in the opinion of the company, be sufficiently completed for the safe conveyance of passengers, &c. (e) It a railway is opened without notice, the company are liable to a penalty of 201. for every day that the railway continues open, (f) until the requisite notices have been given and expired. Where, on inspection, the railway is reported to be dangerous, the Board of Trade are empowered to suspend the opening from time to time; if, in spite of the order of the Board to the contrary, the company open the railway, they are liable to a penalty of 201. for every day that the
Act (8 Vict. c. 20), see act, s. 63, post, App.; also as to power given to Board of Trade under same act to modify construction of public works of engineering nature, where strict compliance with act impossible or inconvenient, see same act, s. 66, post, App.
(c) 3 & 4 Vict. c. 97, s. 5; 7 & 8 Vict. c. 85, s. 15; App. (d) 3 & 4 Vict. c. 97, ss. 5 and 6, App.
(e) 5 & 6 Vict. c. 55, s. 4, App.
(f) Ibid. s. 5, App.
railway continues so open. (g) But the order of the Board to be binding must be accompanied by a copy of the report on which it is founded. (g)
457. Returns, &c. The Board of Trade may order returns to be made by railway companies, according to a form to be provided by the Board, of the aggregate traffic on the line, as well as of all accidents thereon attended with personal injury, and also a table of their tolls, charges, &c.; and in case such returns are not made within thirty days after they are required, the company are liable to a penalty of 20. for every day that they wilfully neglect to make the same. (h) Any officer of a company wilfully making a false return is guilty of a misdemeanour. (i) In case of accidents upon a railway attended with serious personal injury to the public using the same, a cumulative provision is made, which requires notice of any such accident to be given to the Board of Trade within forty-eight hours after its occurrence. Any wilful omission on the part of a company to give such notice subjects them to a penalty of 201. for every day that the omission continues. (k) The Board of Trade are further empowered to call for a return of serious accidents occurring in the course of the public traffic on the railway, whether attended with personal injury or not, in such form, &c. as they may deem necessary to their information with a view to the public safety; and if such returns are not made within fourteen days after they are required, the company
(g) 5 & 6 Vict. c. 55, s. 6, App.
(k) 5 & 6 Vict. c. 55, s. 7, App.