Justice of the peace empowered to send any case to be tried by the quarter sessions. Punishment of persons obstructing railway. sons ob said, (who is hereby authorized and required, upon complaint to him made, upon oath, without information in writing, to take cognizance thereof, and to act summarily in the premises,) in the discretion of such justice, be imprisoned, with or without hard labour, for any term not exceeding two calendar months, or, in the like discretion of such justice, shall for every such offence forfeit to her Majesty any sum not exceeding ten pounds, and in default of payment thereof shall be imprisoned, with or without hard labour as aforesaid, for such period, not exceeding two calendar months, as such justice shall appoint; such commitment to be determined on payment of the amount of the penalty; and every such penalty shall be returned to the next ensuing court of quarter sessions in the usual manner. XIV. Provided always, and be it enacted, that (if upon the hearing of any such complaint he shall think fit) it shall be lawful for such justice, instead of deciding upon the matter of complaint summarily, to commit the person or persons charged with such offence for trial for the same at the quarter sessions for the county or place wherein such offence shall have been committed, and to order that any such person so committed shall be imprisoned and detained in any of her Majesty's gaols or houses of correction in the said county or place in the meantime, or to take bail for his appearance, with or without sureties, in his discretion; and every such person so offending, and convicted before such court of quarter sessions as aforesaid (which said cour is hereby required to take cognizance of and hear and determine such complaint,) shall be liable, in the discretion of such court, to be imprisoned, with or without hard labour, for any term not exceeding two years. XV. That from and after the passing of this act every person who shall wilfully do or cause to be done anything 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, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court before which he shall have been convicted, to be imprisoned, with or without hard labour, for any term not exceeding two years. For punishXVI. That if any person shall wilfully obstruct or imment of per- pede any officer or agent of any railway company in the structing the execution of his duty upon any railway, or upon or in any of the stations or other works or premises connected there any railway with, or if any person shall wilfully trespass upon any rail officers of 112 upon any way, or any of the stations or other works or premises con- company, or quashed for XVII. That no proceeding to be had and taken in pur- Proceedings suance of this act shall be quashed or vacated for want of not to be form, or be removed by certiorari, or by any other writ or want of form process whatsoever, into any of her Majesty's courts of re- or removed cord at Westminster or elsewhere, any law or statute to the into the sucontrary notwithstanding. perior courts. railway acts to decide disputes re or flanches XVIII. And whereas many railway companies are Repeal of all bound, by the provisions of the acts of parliament by which provisions in they are incorporated or regulated, to make, at the expence that empower of the owner or occupier of lands adjoining the railway, two justices openings in the ledges or flanches thereof (except at certain places on such railways in the said acts specified), for effect- specting the ing communications between such railway and any colla- proper teral or branch railway to be laid down over such lands, and openings in places for any disagreement or difference which shall arise as to the the ledges proper places for making any such openings in the ledges of railways. or flanches is by such acts directed to be referred to the decision of any two justices of the peace within their respective jurisdictions: and whereas it is expedient that so much of every clause, provision, and enactment in any act of parliament heretofore passed as gives to any justice or justices the power of hearing or deciding upon any such disagreement or difference as to the proper places for any such openings in the ledges or flanches of any railway, should be repealed; be it therefore enacted, that so much of every such clause, provision, and enactment as aforesaid shall be repealed. Board of termine such disputes in future. XIX. That in case any disagreement or difference shall trade to de- arise between any such owner or occupier, or other persons, and any railway company, as to the proper places for any such openings in the ledges or flanches of any railway (except at such places as aforesaid), for the purpose of such communication, then the same shall be left to the decision of the lords of the said committee, who are hereby empow ered to hear and determine the same in such way as they shall think fit, and their determination shall be binding on all parties. Communica tions to the board to be left at their office. board how to cated. XX. That all notices, returns, and other documents, required by this act to be given to or laid before the lords of the said committee shall be delivered at or sent by the post to the office of the lords of the said committee; and all noCommunica- tices, appointments, requisitions, certificates, or other docutions by the ments in writing, signed by one of the secretaries of the said be authenti- committee, or by some officer appointed for that purpose by the lords of the said committee, and purporting to be made by the lords of the said committee, shall, for the purposes of this act, be deemed to have been made by the lords of the said committee; and service of the same upon any one or more of the directors of any railway company, or on the secretary or clerk of the said company, or by leaving the same with the clerk or officer at one of the stations belonging to the said company, shall be deemed good service upon the said company. What shall be deemed good service on railway company. Meaning of the words Railway" and "Com pany. Act may be XXI. That wherever the word "Railway" is used in this act it shall be construed to extend to all railways con structed under the powers of any act of parliament, and intended for the conveyance of passengers in or upon car riages drawn or impelled by the power of steam or by ant other mechanical power; and wherever the word "Company" is used in this act it shall be construed to extend to and include the proprietors for the time being of any such railway, whether a body corporate or individuals, and ther lessees, executors, administrators, and assigns, unless the subject or context be repugnant to such construction. XXII. That this act may be amended or repealed by repealed this any act to be passed in the present session of parliament. session. 5 & 6 VICT. c. 55. An Act for the better Regulation of Railways, and for the Conveyance of Troops. [30th July, 1842.] c. 97. WHEREAS by an act passed in the third and fourth years of the reign of her present Majesty, intituled " An Act for 3 & 4 Vict. regulating Railways," provision was made for the supervision of railways: and whereas it is expedient for the safety of the public to make further provision for that purpose: be it enacted, by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament Connence. assembled, and by the authority of the same, that this act ment of act. shall come into operation on the passing thereof. and this act ther. fore opening railway re II. That the provisions of the said recited act and of this Recited act act shall be construed together as one act, except so far as to be conthe provisions of the said recited act are hereby repealed, or strued togeshall be inconsistent with the provisions of this act. III. And whereas by the said recited act it is enacted, Notice bethat after two months from the passing of the said recited act no railway, or portion of any railway, shall be opened pealed. for the public conveyance of passengers or goods until one calendar month after notice in writing of the intention of opening the same shall have been given, by the company to whom such railway shall belong, to the lords of the committee of her Majesty's privy council appointed for trade and foreign plantations: and whereas by the said recited act it is also enacted, that if any railway or portion of any railway shall be opened without due notice as aforesaid, the company to whom such railway shall belong shall forfeit to her Majesty the sum of twenty pounds for every day during which the same shall continue open, until the expiration of one calendar month after the company shall have given the like notice as is hereinbefore required before the opening of the railway, and any such penalty may be recovered in any of her Majesty's courts of record; be it enacted, that the said recited provisions of the said act shall be and they are hereby repealed. Notice of IV. That no railway or portion of any railway shall be intended opened for the public conveyance of passengers until one opening of calendar month after notice in writing of the intention of railway. opening the same shall have been given, by the company to If railway opened with. out notice, forfeit 201. whom such railway shall belong, to the lords of the committee of her Majesty's privy council appointed for trade and foreign plantations, and until ten days after notice in writing shall have been given by the said company to the lords of the said committee of the time when the said railway or portion of railway will be, in their opinion, sufficiently completed for the safe conveyance of passengers, and ready for inspection. V. That if any railway or portion of any railway shall be opened without such notice as aforesaid, the company to company to whom such railway shall belong shall forfeit to her Majesty the sum of twenty pounds for every day during which the same shall continue open until the said notices shall have been duly given and shall have expired; and every such penalty may be recovered in any of her Majesty's courts of record, or in the court of session or in any of the sheriff's courts in Scotland. Board of trade empowered to postpone the opening. VI. That if the officer or officers appointed by the lords of the said committee to inspect any such railway or portion of railway shall after inspection thereof, report in writing to the lords of the said committee that, in his or their opinion, the opening of the same would be attended with danger to the public using the same, by reason of the incompleteness of the works or permanent way, or the insufficiency of the establishment for working such railway, together with the grounds of such opinion, it shall be lawful for the lords of the said committee, and so from time to time, as often as such officers shall after further inspection therecf so report, to order and direct the company to whom such railway shall belong to postpone such opening for any period not exceeding one calendar month at any one time, unl it shall appear to the lords of the said committee that such opening may take place without danger to the public; and if any such railway, or any portion thereof, shall be opened contrary to any such order and direction of the lords of the said committee, the company to whom such railways shall belong shall forfeit to her Majesty the sum of twenty pounds for every day during which the same shall continue open contrary to such order and direction; and any such penalty may be recovered in any of her Majesty's courts of record, or in the court of session or in any of the sheriff's courts in Scotland: provided always, that no such order as aforesaid shall be binding upon any railway company unless therewith shall be delivered to the said company a copy of the report of the officer or officers on which such order shall be founded. |