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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 201. 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.
(h) 3 & 4 Vict. c. 97, s. 3, App.
(i) Ibid. s. 4, App.

(k) 5 & 6 Vict. c. 55, s. 7, App.

forfeit 51. for every day they neglect to make the same. (1) Such returns, however, are made privileged communications. (1)

458. Bye-laws. A further jurisdiction (m) is given to the Board of Trade in regard of any byelaws, &c., made by a company under the powers of their act. No such bye-laws, &c. are valid until two calendar months after a certified copy thereof has been laid before the Board of Trade, unless before that time they are approved of by the Board. (n) The Board of Trade may disallow any bye-law, &c., and if at the time of such disallowance it is already in force, may further prescribe the time at which it shall cease to be. (o) All provisions of railway acts requiring the concurrence of courts of quarter sessions, &c. to give validity to bye-laws, are repealed. (p)

459. Disputes between connecting railways, &c. about the conduct of their joint traffic. Such disputes, so far as they relate to the safety of the public, may, upon the application of either party, be decided by the Board of Trade, who may also determine about the proportion of the expenses attending the necessary arrangements to be borne by either party. (q)

(1) 5 & 6 Vict. c. 55, s. 8, App.

(m) For an important instance of the good effect of the power thus reserved to the Board of Trade, see Report of Officers of Railway Department, 1842, p. xv. See also Ib., 1843, App. p. 190. As to standard regulations proposed by Board of Trade in pursuance of the authority given them by the above act, see ib. 1841, p. xvii. et seq.

(n) 3 & 4 Vict. c. 97, s. 8, App. See 8 Vict. c. 20, s. 109. (0) 3 & 4 Vict. c. 97, s. 9.

(p) Ibid. s. 10, App.

(9) 5 & 6 Vict. c. 55, s. 11, App. Company neglecting, &c. to obey order of board liable to a penalty of 201. per day. Ib.

460. Level crossings. So likewise, where a railway company are willing to carry any road, &c. over or under the railway, instead of crossing the same on a level, the Board may, on application of the company, and after hearing the several parties interested, if it shall appear to them that such level crossing endangers the public safety, and that the proposal of the company does not involve any violation of existing rights, &c., without adequate compensation, authorize the company to remove the danger at their own expense, by building a bridge, or by such other arrangement as the nature of the case shall require, subject to such conditions as the Board shall direct. (r) And again they may, where

(r) 5 & 6 Vict. c. 55, s. 13, App. As to the meaning of this clause, and as to the arrangements which the Board of Trade will or will not sanction by virtue of it, see Report of Officers of Railway Department, 1842, pp. xxi. xxii.

"An application was made to the Board of Trade by the Croydon Company to sanction the diversion of a road, in order to get rid of a level crossing over the railway at the Jolly Sailor Station. Notice of this application having been given to the board of surveyors of highways for the parish of Croydon, they objected to the diversion; and the inspector-general having reported that the diversion being about a quarter of a mile would be a serious inconvenience to the public travelling by the road, and that there was no impediment beyond that of expense to carrying the road under the railway in the present line, the application was refused. With reference to the diversion of roads to adjoining bridges in order to get rid of level crossings, it was considered that although such a measure might under certain circumstances come within the arrangements which by the 13th section of the 5 & 6 Vict. c. 55, the Board of Trade were empowered to direct, yet that the primâ facie intention of the clause being that the railway company should carry the road over or under the railway entirely at their own expense without

they are satisfied that it will be more conducive to the public safety, order the gates at level crossings to be kept closed across the railway, instead of across the road, as required by the 5 & 6 Vict. c. 55, s. 9. (s)

461. Branch Communications. (t) So likewise the

any violation of existing rights or interests, a diversion should only be authorized where engineering difficulties prevented the making of a bridge or tunnel in the present line of the road, or where the parties interested in the road did not state any valid objection.

Acting on these principles, a similar application from the Manchester and Leeds Railway Company to be allowed to divert a highway near their Brighouse Station to a bridge about seventy yards distant was rejected, the diversion being opposed by the trustees of the road, and the report of the inspectorgeneral being unfavourable. A subsequent application from the London and Croydon Railway Company to be allowed to carry the road from Dulwich to Bromley and Lewisham, which crossed their line on a level at the Dartmouth Arms Station, under the railway by a tunnel, making a moderate deviation, was acceded to, and the requisite powers given in the terms of the act, the inspector-general having reported that it was impracticable to carry the road over or under the railway in a direct line."

(s) 5 & 6 Vict. c. 55, s. 9, App. See 8 Vict. c. 20, s. 47, post, App.

(t) The following is an instance in which the Board of Trade has been called upon to exercise the jurisdiction vested in it by the 19th section of the act for regulating railways, of determining disputes relative to the opening of branch communications with railways. It arose in consequence of a dispute between the Great North of England Railway and the proprietors of a warehouse and brickyard adjacent to the line, who had enjoyed a right of communication by means of a short branch line with the main railway, which the extension of traffic consequent on opening the line from York to Darlington had rendered highly

Board of Trade is authorized to determine all disputes and disagreements touching the proper places for openings in the ledges or flanches of railways, in order to admit branch communications; (u) and the provisions in various railway acts, giving the jurisdiction in such cases to two justices, are repealed. (x) This latter branch of jurisdiction is carried still further by the 5 & 6 Vict. c. 55, s. 12, which empowers the Board of Trade, in the case of any passenger railway, to order that all powers of making branch lines opening into the flanches of main lines, &c. given by any particular company's act, shall only be exercised upon such conditions as the Board shall direct, where, that is to say, it appears to the Board that the powers in question cannot be exercised without danger to the public, and that an arrangement can be made with a due regard to existing rights of property. (y)

462. Extension of Powers of Company. The Board of Trade may likewise empower companies to enter upon adjoining lands to repair or prevent accidents, &c., (≈) and in certain cases, and under certain limitations, certify for the revival of a com

dangerous. It will be seen from the report and correspondence relative to the case, Appendix, p. 283, that an amicable arrangement was effected through the intervention of this department, by which the danger to the public was entirely obviated and the rights of the parties preserved; Report of Officers of Railway Department, 1842, p. xxi.

(u) 3 & 4 Vict. c. 97, s. 19, App.

(1) Ibid. s. 18, App.

(y) 5 & 6 Vict. c. 55, s. 12, App. For definition of passenger railway, see ibid.

(2) 5 & 6 Vict. c. 55, s. 14, App.

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