in the Board of Trade, but in 1846 a separate Board of Railway Commissioners was instituted, on whom these and other functions were appointed to devolve. Besides the powers to be hereafter mentioned, they are specially authorized to examine and report to the crown, or either house of Parliament, upon any subject relating to any railway or proposed railway; and on every application for a new act, it is their duty, if required by the crown or either house, to inquire and report, on local inspection or otherwise

"Firstly, Whether there are any lines or schemes competing with the proposed railway.

"Secondly, Whether by such bill it is proposed to take powers for uniting with such railway or proposed railway, any other railway or canal, or to purchase or lease any railway, canal, dock, road, or other public work, undertaking, or easement.

"Thirdly, Whether by such bill it is proposed to constitute any branch railway, or any other work in connexion with the proposed railway.

Fourthly, Whether any plans, maps, and sections of any such proposed railway which, pursuant to any orders of either house of Parliament, shall have been deposited in their office, are correct, and if not, in what particulars, and how far they are incorrect; and whether or not, in the opinion of the commissioners, such errors as they shall find are material to the object for which such plans and sections are required.2"

The board have power to settle disputes between the proprietors of connected lines, in relation to the conducting of their mutual business at the point of junction, and the rules of the board are enforced by the sheriff.3 They have power to regulate and restrict for the safety of the public the right of opening side communications with passenger railways, and to authorize the alteration of dangerous level crossings.5

Inspectors. The board are authorized to appoint inspectors of railways, who are entitled at all times to have access to the lines and their appurtenances. No person can be appointed an inspector who has within a year been a director of, or has held an office under any railway company. Any person wilfully obstructing an inspector, is liable, on prosecution before a justice of peace, to pay a penalty not exceeding £10, or in default to be imprisoned for a period not exceeding three calendar months.7

19 & 10 Vict. c. 105.-2 Ibid. § 10.3 5 & 6 Vict. c. 55 § 11.— Ibid. § 12.-5 Ibid. § 13.-6 3 & 4 Vict. c. 97, § 5.-7 Ibid. § 6.

When railway companies, in virtue of their powers, pass by-laws which may apply to individuals who are not their own office-bearers or servants, they must send a certified copy to the board; and none of the rules can come in force until two months after the copy has been before the board, unless the board signify their approbation before that time has elapsed. The board may disallow any by-laws, whether before or after they have come into operation.2 The provisions in railway acts previous to 1840 for sanctioning bylaws by the approval of justices of the peace or others, are repealed.3

Penalties.-Where penalties are incurred under any of the acts relating to railways, the board may certify the case to the Lord Advocate, who may prosecute for the public behoof. When the cause of complaint is want of compliance with a statutory regulation, the Public Prosecutor has such right of action as any private party who may have been aggrieved would have had; when the cause arises from the company acting contrary to statute, he may proceed by Interdict.5 Prosecutions at the instance of the board must be raised within one year after the commission of the offence.

Opening Lines. No railway or part of a line may be opened to the public until a calendar month after notice of the intention to open it has been communicated to the board, and ten days' notice of the time when the line will be completed for the conveyance of passengers, and open for inspection. The company opening a line or branch in contravention of this rule, incurs a penalty of £20 per day till the provision has been complied with. The board may, when it seems necessary for the public safety, postpone the opening of a railway for a limited term.9

Returns. There is a provision under which the board are authorized to require returns from all railway companies, according to a form prescribed by the board. The returns are to apply to the following matters :-The aggregate traffic in passengers according to the several classes; the aggregate traffic in cattle and goods; tables of charges for passengers and goods; and accidents, as more particularly noticed below. The penalty for not making such return within thirty days after it is required, is £20 for each day it is neglected.io An officer making a false return is punishable as for an offence.11

13 & 4 Vict. c. 97, §§ 7, 8.-2 Ibid. § 9.-3 Ibid. § 10.57 & 8 Vict. c. 85, § 17.6 3 & 4 Vict. c. 97, § 12.-7 5 & § 4.- Ibid. § 5.-9 Ibid. § 6.-' 10 3 & 4 Vict. c. 97, § 3.

Ibid. § 11.— 6 Vict. c. 55, Ibid. § 4.

Obstructions, &c.-There are some provisions in implement of those in the several local railway acts, for preserving order, suppressing attempts at obstruction, and punishing culpable carelessness. Under these it is rendered lawful for any officer or agent of the company, or a special constable, and for private parties giving assistance to such persons, to seize any person in the company's employment, and bring him before a justice of peace, in the case of his being found drunk on the railway, or infringing any of the statutory regulations or by-laws, or being guilty of any act or careless omission which might be the occasion of an interruption, or might do injury to person or property. A single justice of peace may adjudicate in such cases on complaint on oath, without information in writing; and it is at his option either to award imprisonment, with or without hard labour, for a period not exceeding two months, or to impose a penalty not exceeding £10, with the like imprisonment in default of payment.1 The justice, if he think the case sufficiently serious, may refer it to the quarter sessions, committing the accused or liberating him on bail. The obstructing of officers of companies in the fulfilment of their duty, and the trespassing on railways coupled with a refusal to remove at the direction of an authorized officer, are each offences which may be treated in the same manner, with the exception that the penalty, instead of not exceeding £10, must not exceed £5. There is a special clause making the obstruction of any engine or carriage, or the endangering the safety of passengers, equivalent to the English offence of misdemeanour, and punishable with imprisonment for any term not exceeding two years.3 In Scotland such cases would fall within the jurisdiction either of the Court of Justiciary or of the Sheriff.

Accidents. When an accident occurs on any railway, "attended with serious personal injury to the public using the same," notice must be given to the board within fortyeight hours, the penalty for omission or delay being £5 per day, recoverable in the Court of Session or the Sheriff Court.* The board may require returns of all serious accidents on railways, whether attended with personal injury or not, under penalty of the like forfeiture. There is a provision for enabling railway companies to enter on adjoining lands for the repair or prevention of accidents."

13 & 4 Vict. c. 97, § 13. Ibid. § 14.-3 Ibid. § 16.- 5 & 6 Vict. c. 55, § 7. Ibid. § 8. - Ibid. § 14.

5

There are some specific regulations for the manner in which gates are to be used for the protection of the public when railways and public roads cross each other, and for the companies erecting and maintaining all necessary fences.'

General regulations for the gauge of railways are enacted by 9 & 10 Vict. c. 57, and the penalties leviable for breach of the regulations are made recoverable by the Railways' Clauses Consolidation Act.*

There are special provisions for limiting the terms on which railway companies must provide for the conveyance of the mails, relating both to remuneration and rate of speed.2 There are other provisions relating to the terms on which railway companies are bound to convey troops with their baggage, and policemen, for the public service.3

Government has the power of establishing electric telegraphs along railways, of which the companies may have the use on such terms as may be agreed on. Where there is any telegraph on a railway, unless it has been established exclusively for the service of government on the railway, all persons are to have an equal privilege of employing it.5 The revenue duties payable on railways are regulated by 5 & 6 Vict. c. 79.

SECT. 2. Statutory Conditions.

Certain statutory conditions are annexed to the construction of all railways authorized by acts of the session of 1844, or of any subsequent session of parliament. If after twentyone years, from the 1st of January next after the passing of the act for any railway, the dividends on an average of the last preceding three years equal 10 per cent., the Treasury may revise the charges, and so adjust them as to provide a profit of 10 per cent., and no more, to which amount the company must be guaranteed. The Treasury are, after such a lapse of time, to have the option of purchasing the railway for the behoof of the public at twenty-five years' purchase, but if the dividends are under 10 per cent., and the company demand a higher valuation, they are entitled to have an arbitration on their claim. By a precautionary provision, the Treasury, before giving any guarantie, or

1 5 & 6 Vict. c. 55, §§ 9, 10.-* See Appendix.-2 1 & 2 Vict. c. 98. 7 & 8 Vict. c. 85, § 11.3 5 & 6 Vict. c. 55, § 20. 7 & 8 Vict. c. 85, § 12. 7 & 8 Vict. c. 85, § 13.-5 Ibid. § 14.— Ibid. § 1.7 Ibid. § 2.

making any purchase for the public behoof, must have the authority of an act of parliament to that end.1

Each company must provide, for the accommodation of the poorer class of travellers, one third class train at least on each week-day, and on Sunday if there are Sunday trains on the railway, to start at a time to be approved of by the railway board, to travel at a rate not less than twelve miles an hour, including stoppages, and to be provided with seats, and protected from the weather. The fare is not to exceed one penny per mile, and each passenger is to be allowed half a hundredweight of luggage, and passengers are to be entitled to have with them children under three years old without charge, and children from three to twelve at half fare.2 These conditions apply not only to all railway companies newly established as above acquiring "directly or indirectly" any new powers by an act of 1844, or of any subsequent year. The board have a discretionary power to agree with companies to substitute for these other conditions not less advantageous to the public.3 The penalty for nonfulfilment of the conditions is £20 per day.*

CHAPTER VII

NAVIGATION.

SECT. 1.-The Mercantile Navy.

An extensive series of minute regulations affecting the mercantile navy is embodied in an act of 1844, "to amend and consolidate the laws relating to merchant seamen; and for keeping a register of seamen."5 Many of the enactments of this statute belong properly to the law of employer and employed.* They affect the mutual rights and obligations of shipowners and the mariners employed by them, providing a fixed law to supply those deficiencies in the private contracts between seafaring men and shipowners, which are caused in some respects by the rapidity with which such engagements are made, and in a great measure are to be attributed to the wandering habits of the people employed. These statutory provisions are also directed to the providing, so far as it can be done by a general code, which can only be

1978 Vict. c. 85, § 4.-2 Ibid. §§ 6, 10.-3 Ibid. § 8.- Ibid. § 7.57 & 8 Vict. c. 112.-* See the Law of Private Rights and Obligations, Part X. Chap. II.