Bye-Laws. made before the passing of this act, to be laid be fore Board of Trade, of the penalty; and every such penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual manner. 7. And whereas many railway companies are or may hereafter be empowered by act of parliament to make bye-laws, orders, rules, or regulations, and to impose penalties for the enforcement thereof, upon persons other than the servants of the said companies, and it is expedient that such powers should be under proper control; be it enacted, That true copies of all such bye-laws, orders, rules, and regulations made under any such powers by every such company before the passing of this act, certified in such manner as the lords of the said committee shall from time to time direct, shall, within two calendar months after the passing of this act, be laid before the lords of the said committee; and that every such bye-law, to be void. order, rule, or regulation, not so laid before the lords of the said committee within the aforesaid period, shall, from and after that period, cease to have any force or effect, saving in so far as any penalty may have been then already incurred under the same. otherwise Bye-laws 8. And be it enacted, That no such bye-law, order, hereafter rule, or regulation made under any such power, and made to be which shall not be in force at the time of the passing of approved of this act, and no order, rule, or regulation annulling any by Board of such existing bye-law, rule, order, or regulation which Trade. shall be made after the passing of this act, shall have any Applied by force or effect until two calendar months after a true copy 8 & 9 Vict. of such bye-law, order, rule, or regulation, certified as c. 20, s.109. aforesaid, shall have been laid before the lords of the said committee, unless the lords of the said committee shall, before such period, signify their approbation thereof. Board of disallow bve laws. 9. And be it enacted, That it shall be lawful for the Irade may lords of the said committee, at any time either before or after any bye-law, order, rule, or regulation shall have been laid before them as aforesaid shall have come into operation, to notify to the company who shall have made the same their disallowance thereof, and, in case the same shall be in force at the time of such disallowance, the time at which the same shall cease to be in force; and no bye-law, order, rule, or regulation which shall be so dis allowed shall have any force or effect whatsoever, or, if it shall be in force at the time of such disallowance, it shall cease to have any force or effect at the time limited in the notice of such disallowance, saving in so far as any penalty may have been then already incurred under the Provisions same. 10. And be it enacted, That so much of every clause, requiring provision, and enactment in any act of parliament here confirma of any justice of the peace, court of quarter sessions, or laws by justices, other person or persons, other than members of the said repealed. companies, to give validity to any bye-laws, orders, rules, Repealed by or regulations made by any such company, shall be re- 84 & 35 Vict. pealed. c. 78, s. 17. tions to enforce provisions of railway acts. Repealed by c. 85, s. 16. and 34 & 35 7 & 8 Vict. Vict. c. 78, s. 17. 11. And be it enacted, That whenever it shall appear to Prosecuthe lords of the said committee that any of the provisions of the several acts of parliament regulating any of the said companies, or the provisions of this act, have not been complied with on the part of any of the said companies, or any of their officers, and that it would be for the public advantage that the due performance of the same should be enforced, the lords of the said committee shall certify the same to her Majesty's Attorney-General for England, or Ireland, or to the Lord-Advocate for Scotland, as the case may require; and thereupon the said Attorney-General or Lord-Advocate shall, by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding, as the case may require, proceed to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such non-compliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said acts provided always, that no such certificate as aforesaid shall be given by the lords of the said committee until twenty-one days after they shall have given notice of their intention to give the same to the company against or in relation to whom they shall intend to give the same. by 34 & 35 8. 17, Railway servants guilty of miscon 12. And be it enacted, That no legal proceedings shall Amended be commenced under the authority of the lords of the said by 7 & 8 Vict. c. 85, committee against any railway company for any offence 8. 18. against this act, or any of the several acts of parliament relating to railways, except upon such certificate of the Repealed lords of the said committee as aforesaid, and within one Vict. c. 78, year after such offence shall have been committed. 13. And be it enacted, That it shall be lawful for any officer or agent of any railway company, or for any special constable duly appointed, and all such persons as they may call to their assistance, to 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 Amended the railway, or commit any offence against any of the bye- by 5 & 6 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 any of the engines, carriages, or trains shall be or might be obstructed or im duct. Vict. c. 55, s. 17. Railway servants guilty of misconduct. [Amended by 5 & 6 peded, and to convey such engine driver, guard, porter, or other servant so offending, or any person counselling, aiding, or assisting in such offence, with all convenient despatch, before some justice of the peace for the place within which such offence shall be committed without any other warrant or authority than this act; and every such person so offending, and every person counselling, aiding or assisting therein as aforesaid, shall when convicted before such justice as aforesaid, (who is hereby authorized and required, upon complaint to him made, upon oath without information in writing, to take cognizance thereVict. c. 55, of, 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, Vict. c. 43, 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. 8. 17.] [Amended by 47 & 48 8. 4.] 14. 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 court 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. 15. And be it enacted, 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, Punish ment of 16. And be it enacted, That if any person shall wilfully Obstrucobstruct or impede any officer or agent of any railway tions. company in the execution of his duty upon any railway, or upon or in any of the stations or other works or premises connected therewith, or if any person shall wilfully trespass upon any railway, or any of the stations or other persons ob structing works or premises connected therewith, and shall refuse officers of to quit the same upon request to him made by any officer railway, or or agent of the said company, every such person so offend- trespassing. ing, and all others aiding or assisting therein, shall and may be seized and detained by any such officer or agent, or any person whom he may call to his assistance, until such offender or offenders can be conveniently taken before some justice of the peace for the county or place wherein such offence shall be committed, and when convicted before such justice as aforesaid (who is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act summarily in the premises), shall, in the discretion of such justice, forfeit to her Majesty any sum not exceeding five pounds, and in default of payment thereof shall or may be imprisoned for any [Amended term not exceeding two calendar months, such imprison Vict. c. 43, ment to be determined on payment of the amount of the s. 4] penalty. by 47 & 48 17. And be it enacted, That no proceeding to be had Proceedand taken in pursuance of this act shall be quashed or ings not to vacated for want of form, or be removed by certiorari, or be quashe by any other writ or process whatsoever, into any of her for want of Majesty's courts of record at Westminster or elsewhere, form, &. any law or statute to the contrary notwithstanding. acts em 18. And whereas many railway companies are bound, Branch by the provisions of the acts of parliament by which they Railways. are incorporated or regulated, to make, at the expense of the owner or occupier of lands adjoining the railway, Repeal of openings in the ledges or flanches thereof (except at cer- provisiontain places on such railway in the said acts specified), for in railway effecting communications between such railway and any collateral or branch railway to be laid down over such powering justices to lands, and any disagreement or difference which shall decide disarise as to the proper places for making any such openings putes. in the ledges 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 there Branch Board of Trade to determine such disputes in future. Service of notices, fore enacted, that so much of every such clause, provision, and enactment as aforesaid shall be repealed. 19. And be it enacted, That in case any disagreement or difference shall 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 empowered to hear and determine the same in such way as they shall think fit, and their determination shall be binding on all parties. 20. And be it enacted, That all notices, returns, and other documents required by this act to be given to or laid to Board of 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 [Repealed committee; and all notices, appointments, requisitions, by 31 & 32 certificates, or other documents in writing, signed by one of the secretaries of the said 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. Trade. Vict. c. 119, 8. 47, and 34 & 35 Vic c. 78, s. 1. on company. Interpretation of words. 21. And be it enacted, That wherever the word "railway" is used in this act it shall be construed to extend to all railways constructed under the powers of "Railway." any act of parliament, and intended for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam or by any other mechanical "Company" power; and wherever the word " company" is used in this act, it thall be construed to extend to and include the proprietors for the time being of any such railway, whether a body corporate or individuals, and their lessees, executors, administrators, and assigns, unless the subject or context be repugnant to such construction. Act may be 22. And be it enacted, That this act may be amended mended or or repealed by any act to be passed in the present session of parliament. repealed. [Repealed by 34 & 35 Vict. c. 78, |