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ance, may seize and detain any engine driver, guard, porter or other servant in the employ of such company who shall be found drunk while employed upon the railway, or commit any offence against any of the bye-laws, rules or regulations of such company, or shall wilfully, maliciously or negligently do or omit to do any act whereby the life or limb of any person passing along or being upon the railway belonging to such company, or the works thereof respectively, shall be or might be injured or endangered, or whereby the passage of the engines, carriages or trains shall be or might be obstructed or impeded, and convey the party so offending, or any person counselling, aiding or assisting in such offence, with all convenient dispatch, before some justice of the peace for the place, &c. If convicted, the offender may be imprisoned, with or without hard labour, for a period not exceeding two months, or fined a sum not exceeding 10l., and in default of payment, may be imprisoned for the above period or until he pays the fine. (i)

The justice, instead of deciding summarily, may send the case to the quarter sessions, and in the meantime either commit the party to prison or take bail for his appearance, with or without sureties; if convicted at the quarter sessions, he may be imprisoned, with or without hard labour, for any period not exceeding two years. (k)

The above provision for the punishment of the servants of railway companies is now extended and made to embrace, not merely servants, &c. of the company, but likewise all persons employed either (i) 3 & 4 Vict. c. 97, s. 13, App.

(k) Ibid. s. 14, App.

by the company or any other person, &c. in conducting traffic upon the railway, or in repairing and maintaining the works of the railway. (1)

468. In case of offences committed in Scotland, the sheriff, or other magistrate acting for the district within which such offence shall be committed, or where such offender shall be apprehended, is to have the like jurisdiction as the justice of the peace in England. (m)

469. 2ndly. Of offences committed by persons in general to the obstruction of the traffic on the railway, trespasses, &c. Every person who shall wilfully (n) do or cause to be done any thing in such manner as to obstruct any engine or carriage using any railway, or to endanger the safety of persons conveyed in or upon the same, or shall aid or assist therein, is guilty of a misdemeanour, and being convicted thereof may be imprisoned, with or without hard labour, for any term not exceeding two years.

And any person who wilfully obstructs, &c. any officer, &c. of the company in the execution of his duty upon the railway, &c. or who wilfully trespasses (o) upon the railway, &c., and refuses to

(1) 5 & 6 Vict. c. 55, s. 17, App.

(m) Ibid. s. 18, App.

(n) 3 & 4 Vict. c. 97, s. 15, App. A party is liable to be indicted under this clause if he intentionally places on a railway substances having a tendency to produce an obstruction of the carriages, (knowing them to be such,) though he may not have done the act expressly with that object; Reg. v. Holroyd, 2 M. & Rob. 339.

(0) A party is a wilful trespasser within the meaning of this clause, and therefore liable to be apprehended and carried before a magistrate, &c., who goes across the railway from one part of

depart upon being requested so to do by any officer, &c. of the company, as also any one aiding, &c. therein, may be apprehended and taken before a justice of the peace, &c. and fined any sum not exceeding five pounds, and in default of payment may be committed for any term not exceeding two calendar months, or until he pays the fine. (p)

IV. Provisions qualifying or extending the Duties, &c. of Railway Companies.

It is proposed in the next place to show in what respects the duties, &c. obligatory on railway companies are varied or enlarged by the provisions of any general railway act.

470. In the first place, they are to give certain notices of the intended opening of their line, &c. and to make certain returns of the traffic on their line, accidents, &c. to the Board of Trade. (q)

Gates at any level crossing over a road are to be kept closed across the road, instead of across the railway, unless where the Board of Trade direct otherwise, which they are empowered to do where they are satisfied that it will be more conducive to the public safety. (r)

Railway companies are to erect, maintain and

his land to another, after his right of doing so is taken away by an arrangement with the company made on the footing of there being a total separation of his land; Manning v. Eastern Counties Railway Company, 12 M. & W. 237.

(p) 3 & 4 Vict. c. 97, s. 16, App. Sec 5 & 6 Vict. c. 55, s. 18, App.

(q) See ante, p. 331, et seq.

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

repair good and sufficient fences throughout the whole of their respective lines, just the same as if directed so to do by an order of justices made under the authority of their respective acts. (s) They are likewise to permit military and police forces, &c. with their baggage, &c. (t) to be conveyed at the usual hours of starting, at such prices or upon such conditions as may from time to time be contracted for between the Secretary at War and such railway companies for the conveyance of such forces, on the production of a route or order for their conveyance signed by the proper authorities. They are likewise to afford certain facilities for the transmission of the mails, (u) and to allow lines of electrical telegraph to be established. (x) Lines established by private parties, &c., it may be remarked, are to be open to the public. (y)

471. Companies incorporated by any act of the session of 1844, or any subsequent session, or which thereby have obtained or shall obtain any extension or amendment of their powers, or have been or shall be authorized to do any act unauthorized by the provisions of their previous acts, are subject to still more stringent obligations. They are to convey military and police forces, &c. with their baggage, stores, &c., at certain rates and upon certain conditions specified by the legislature. (~)

(s) 5 & 6 Vict. c. 55, s. 10, App. See also 8 Vict. c. 20, s. 68, et seq. post, App.

(t) 5 & 6 Vict. c. 55, s. 20, App.

(u) 7 & 8 Vict. c. 85, s. 11, App.; 1 & 2 Vict. c. 98.

(x) 7 & 8 Vict. c. 85. s. 13, App.

(y) Ibid. s. 14, App.

() Ibid. c. 85, s. 12, App.

472. All passenger railway companies so incorporated, &c. are to provide one cheap train each way daily, subject to the conditions prescribed by the legislature, (a) and are liable to a penalty for noncompliance.

The Board of Trade have a discretionary power of allowing alternative arrangements in regard of such cheap trains, except as to the amount of fare, and in case the company conform to these, they are not liable to the above penalty. (b) Where companies, subject to the above obligation, run trains on Sundays, they must likewise provide sufficient carriages for the conveyance of third-class passengers by such train each way as stops at the greatest number of stations, and this at all the stations, both terminal and other, at which such Sunday train may ordinarily stop, the fare not to exceed one penny per mile. (c)

V. Of the Conditions attached to future Grants of Parliamentary Powers for the making of Railways.

473. Passenger railways, authorized by an act of the session of 1844, or any subsequent session of parliament, are subjected to certain conditions for the benefit of the public. If at any time after the expiration of twenty-one years from the 1st of January next after the passing of their act, the company's profits, upon an average of the three then last preceding years, equal or exceed ten per cent., the Lords of the Treasury may, subject to certain provisions made by the legislature in that

(a) 7 & 8 Vict. c. 85, s. 6, App. As to penalty for noncompliance, see ib. s. 7, App.

(b) Ibid. s. 8, App. (c) Ibid. s. 10, App.

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