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holders in the subsequent advertisement. (f) Neither is it necessary, in order that the latter document may thus operate as supplementary to the former, to show the authority of the secretary, &c. to make the publication; because such an authority by the directors must be presumed as an act obviously within the scope of their duty, or, at all events, that they adopted the officer's act, unless the contrary is shown. (g)

(f) Ibid.; see also The Great North of England Railway Company v. Biddulph, ubi supra; The London and Brighton Railway Company v. Fairclough, 2 Railw. Cas. 545; S. C. 2 M. & Gr. 674.

(g) London and Brighton Railway Company v. Fairclough, ubi supra.


Of the Construction (a) of the Railway.

404. IN the construction of the railway the company must take care to adhere to the parliamentary line, or at any rate not to deviate beyond the limits permitted by their act. (b) They must likewise conduct their works, excavations, &c. with all reasonable skill and care, so as to avoid, as far as is possible, endangering adjoining property.(c) More particularly they must be cautious not to do any thing to the detriment of any species of property which is protected by their act.(d) And, generally, in the conduct of their operations, they must comply with the various conditions imposed by the legislature on the exercise of their powers of making the railway. (e)

(a) As to provisions of Railway Clauses Consolidation Act (8 Vict. c. 20) on this head, see act, ss. 6-24, post, App. (b) See ante, p. 76, et seq.

(c) See ante, pp. 180, 181.

(d) Turner v. Sheffield and Rotherham Railway Company, 10 M. & W. 425.

(e) Under the 5 & 6 Vict. c. 9, s. 11, money may be ad

vanced at interest or otherwise out of the consolidated fund to a limited amount, to any corporate body or company of proprietors, or any person or persons engaged in, &c. any public works carried on under the authority of parliament, or to any trustee or trustees of roads or railways, subject to such conditions respec

tively, and upon such securities, as are prescribed by the various acts authorizing loans of Exchequer bills for public works.

Whenever the appointment of special constables (see 1 & 2 W. 4, c. 41, and 5 & 6 W. 4, c. 43) has been occasioned by the behaviour or by reasonable apprehension of the behaviour of persons employed on any railway or other public work carried on under the authority of parliament, any two or more justices usually acting for the district, &c. within which such works are carried on, may make an order on the treasurer or other officer having the control, &c. of the funds of the company making the railway, &c., for the payment of the reasonable expenses incidental thereto (1 & 2 Vict. c. 80, s. 1.) The Secretary of State may disallow the order, or reduce the amount if excessive. For corresponding enactments as to railways in Ireland, see stat. 8 & 9 Vict. c. 46, which provides for the appointment of additional constables for keeping the peace and the protection of property near railways, the payment, recovery or levying of expenses incidental thereto, &c.; see also stat. 6 & 7 W. 4, c. 13.


Of the User of the Railway.

SECT. I. Of the User generally.

II. Of the Right to Tolls.

III. Of the Traffic on the Railway, and herein of the Com

pany viewed as Carriers.

1. Of Goods.

2. Of Passengers.

SECT. 1.-Of the User generally.

405. ASSUMING the railway and all necessary works to be constructed, it is proposed in the next place to treat of the provisions made for the use of such railway. The general principle by which the legislature has been guided in framing the usual provisions found in railway acts on this head appears to have been this, viz. to secure to the public the most beneficial use of the railway that is consistent with a due regard to the interest of the railway company, and their adequate remuneration for the expenses necessarily incidental to the undertaking. With this view, a railway act usually enacts, (a) that all persons shall have free liberty to use the railway, with carriages properly constructed, upon payment

(a) See Railway Clauses Consolidation Act (8 Vict. c. 20), s. 92, post, App.

of the rates and tolls demandable by the company, and subject to the rules and regulations which they shall from time to time make, under the authority of their act. The effect of such an enactment is to constitute the railway, in point of law, a highway on which all the world have a right to carry goods and passengers; though in point of fact, the exercise of the right is to a great extent impracticable, as well from the want of any corresponding provision with regard to (b) stations, warehouses, &c., as from the nature of the mode of conveyance, which must ever forbid, not merely all competition of rival carriers, but even the free use of the railway by private carriages. (c)

406. In thus throwing open the railway to the public the legislature has, at the same time, been careful to provide for the interests of the company by empowering them not only to take certain tolls for the tonnage of goods, &c., but themselves to become carriers(d). By virtue of the above provisions a twofold state of things may arise, either the company may be simply the owners of the way on which

(b) Under this state of the law which gives the public no right of access to the yards, stations, &c. of railway companies, although the railway itself is thrown open to the public as a highway, semble, the directors of these companies may be taken to have unlimited discretion in regard to the admission or exclusion of public conveyances, &c. from access to their stations, &c. See Rep. of Officers of the Railw. Dep. for 1842, pp. xx, xxi.

(c) Judgment of Lord Denman, C. J., in Reg. v. London and South Western Railway Company, 1 A. & E. N. S. 575. See also judgment of Wigram, V. C., in North Union Railway Company v. Bolton and Preston Railway Company, 3 R. Cas. 364.

(d) See Railway Clauses Consolidation Act (8 Vict. c. 20), s. 86 et seq. post, App.

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