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RAILWAY COMPANIES:

BEING A

COLLECTION OF THE ACTS AND ORDERS

RELATING TO

RAILWAY COMPANIES IN ENGLAND AND IRELAND,

WITH NOTES OF ALL THE CASES DECIDED THEREON, AND
APPENDIX OF BYE-LAWS, AND STANDING ORDERS

OF THE HOUSE OF COMMONS.

BY

J. H. BALFOUR BROWNE,

OF TIE MIDDLE TEMPLE, ESQUIRE, ONE OF VIER MAJESTY'S COUNSEL,

FORMERLY REGISTRAR TO THE RAILWAY COMMISSIONERS,

AND

H. S. THEOBALD,

OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW,

FELLOW OF WADHAN COLLEGE, OXFORD.

SECOND EDITION.

LONDON :
STEVENS AND SONS, 119, CHANCERY LANE,

Law Publishers and Booksellers,

VAND STANFORD JE
CELIBRARY SOP

UNIVERSITY
H1573

LONDON:

PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C.

PREFACE
TO THE SECOND EDITION.

This Volume will be found to contain the Statutes relating to Railways, with notes of the decided cases down to November, 1887. Our object has been to make the book complete, by treating of all the questions likely to arise with reference to Railways, and at the same time to state the law as concisely as possible. In addition to the law of compensation, considerable space has been devoted to the Duties and Liabilities of Carriers, the Law of Negligence, and of Master and Servant, the Rating of Railways, and the decisions of the Railway Commissioners. The practice upon Petitions under the Lands Clauses Acts has also been treated at some length.

It has been thought, on the whole, best to arrange the Statutes in a strictly chronological order, though there is much to be said in favour of grouping them together according to their subject-matter. To some extent the disadvantage of a chronological arrangement has been corrected by cross references in the margin. Full marginal notes have been added throughout.

In this edition the Statutes relating to Railways in Ireland have been added.

A list of the documents required to be sent to the Board of Trade previously to the opening of a Railway is printed after the Railway Regulation Act, 1842. The Orders under the Railway Companies Act, 1867, the General Orders made by the Railway Commissioners under the Act of 1873, the Orders in Council under the Explosives Act, 1875, so far as they affect Railway Companies, and the Bye-laws approved by the Board of Trade under that Act, follow the Acts under which they were made. The Animals Order of 1886, so far as it affects Railway Companies, will be found before the Appendix. In the Appendix are printed so much of the Standing Orders of the House of Commons as appeared to be material, and also the Bye-laws regulating the conveyance of passengers upon Railways approved by the Board of Trade.

J. H. B. B.
H. S. T.

January, 1888.

TABLE OF CONTENTS.

:::::::

v 1 Will. IV. c. 68.—The Carriers Act

1 Vict. c. 83.- Custody of Documents by Clerks of the Peace .. 7

1 & 2 Vict. c. 80.—Constables near Public Works, payment of .. 9

v 1 & 2 Vict. c. 98.—Conveyance of Mails by Railways ...

2 & 3 Vict. c. 45.-Gates at Level Crossings, maintenance of .. 20

v 3 & 4 Vict. c. 97.—The Railway Regulation Act, 1840..

: 5 & 6 Vict. c. 55.—The Railway Regulation Act, 1842 .. ..

Board of Trade Circulars .. .. .. ..

A. List of documents to be sent before opening railway

B. Memorandum of important requirements

C. Modes of working single lines ..

D. Precautions recommended in working railways .. 43

· 5 & 6 Vict. c. 79.—Duties on Passengers..

7 & 8 Vict. c. 85.—The Cheap Trains Act, 1844 ..

8 Vict. c. 16.—The Companies Clauses Consolidation Act, 1845 ..

8 Vict. c. 18.--The Lands Clauses Consolidation Act, 1845 ..

18 Vict. c. 20.—The Railways Clauses Consolidation Act, 1845 .. 244

8 & 9 Vict. c. 46.—Constables near Public Works (Ireland) Act..

8 & 9 Vict. c. 96.—Restriction of Power of Leasing Railway .. 334

v 9 Vict. c. 20.—Parliamentary Deposits Act

- 9 & 10 Vict. c. 57.-Gauge of Railways Act .. .. .. 340

v 9 & 10 Vict. c. 93.—Lord Campbell's Act .. . . . . 343

10 & 11 Vict. c. 42.-Duties on Passengers transferred to Excise 346

10 & 11 Vict. c. 69.—Private Bills Taxation of Costs (Commons)

Act

.. .. 348

11 & 12 Vict. c. 72.—Constabulary Force (Ireland) Act .. 353

12 & 13 Vict. c. 78.—Private Bills Taxation of Costs (Lords) Act. 360

13 & 14 Vict. c. 33.—The Railway Clearing Act, 1850 .. .. 366

13 & 14 Vict. c. 43.—Practice of Court of Chancery of County

Palatine of Lancaster .. .. .. .. .. 373

✓ 13 & 14 Vict. c. 83.—The Abandonment of Railways Act, 1850 ..

14 & 15 Vict. c. 49.—The Preliminary Inquiries Act, 1851 .. 388

V14 & 15 Vict. c. 64.—Commissioners of Railways Act Repeal

v 14 & 15 Vict. c. 70.—Lands Clauses Act, 1851 (Ireland) .. .. 393

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