ENACTMENTS MENTIONED IN SCHEDULE II. The following sections of various Acts of Parliament, down to and including section 3 of 52 & 53 Vict. c. 57, are placed in the second schedule of the Light Railways Act, ante, p. 82, and do not apply to light railways constructed under the Light Railways Act, unless expressly made to do so by the order authorising the particular railway. Section 12, ante, p. 70. They contain for the most part provisions as to safety, many of which will probably not be applied to light railways, but some of the enactments therein will probably be adopted by the orders, with variations such as the circumstances of particular localities and railways may appear to require. They are printed here together so that public authorities may readily consult them when considering what provisions for safety are essential within their areas. THE HIGHWAY (RAILWAY CROSSINGS) ACT, 1839. An Act to amend an Act of the Fifth and Sixth Years of the Reign of Sect. 1. to maintain crosses the Wherever a railroad crosses or shall hereafter cross any turnpike Proprietor road or any highway or statute labour road for carts or carriages in of railroad Great Britain, the proprietors or directors of the company of pro- gates where prietors of the said railroad shall make and maintain good and any railroad sufficient gates across each end of such turnpike or other road as highway, aforesaid at each of the said crossings, and shall employ good and &c. proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such turnpike or highway shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad; and any complaint for any neglect in respect of the said gates shall be made within one calendar month after the said neglect to any justice of the peace, or if in Scotland to the sheriff of the county, who may summon the party so complained against to appear before them or him at the next petty session or court to be holden for the district or division within which such gates are situate, who shall hear and decide upon the said complaint; and the proprietor or director so offending shall for each and every day of such neglect forfeit any sum not exceeding five Penalty 51. ponnds, together with such costs as to the justices or sheriff depute aforesaid before whom the conviction shall take place shall seem fit. This Act is amended by 5 & 6 Vict. c. 55, s. 9, which requires the gates to be kept shut in general across the road. See post, p. 243. R for each day's neglect. Sect. 1. How penal recovered In the Highway Act, 1835, of which this Act is an amendment, the word "highways" is to be understood to mean "all roads, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements." This definition is also to be read subject to the common law definition, namely, that the way must be public-that is, open to all the subjects of the Crown. Turnpikes are now practically extinct. 2. The penalties by this Act imposed, and the costs to be allowed ties shall be and ordered by the authority of this Act, shall in England be and applied. recovered and applied in the same manner as any penalties and costs under the said Act, and in Scotland shall be recovered and applied to the maintenance of the statute labour roads within the district where the offence is committed. Notice of intended opening of railway. If railway opened without notice, THE RAILWAY REGULATION ACT, 1842. (5 & 6 VICT. CAP. 55.) An Act for the better Regulation of Railways and for the Conveyance of 4. No railway or portion of any railway shall be opened for the public conveyance of passengers 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 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 paasengers, and ready for inspection. 5. If any railway or portion of any railway shall be opened without such notice as aforesaid, the company to whom such railway shall belong shall forfeit to Her Majesty the sum of twenty pounds company to 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 sheriffs' courts in Scotland. forfeit 201. Board of powered to The penalty is now recoverable also in the county court. See Apothecaries Company v. Burt, 5 Ex. 363. 6. 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 the opening. 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 Sect, 6. the said committee, and so from time to time, as often as such officers shall after further inspection thereof 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, until 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 railway 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 sheriffs' 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. See also 34 & 35 Vict. c. 78, s. 5, post, p. 247, and 36 & 37 Vict. c. 76, s. 6, post, p. 247. kept closed 2 & 3 Vict. 9. And whereas by an Act passed in the second and third years of Gates at Her present Majesty, and intituled An Act to amend an Act of the level crossfifth and sixth years of His late Majesty King William the Fourthings to be relating to highways, (a) it was enacted, that whenever a railway across the crosses or shall hereafter cross any turnpike road, or any other road, highway or statute labour road for carts or carriages in Great Britain, c. 45. the proprietors or directors of the said railway shall make and maintain good and sufficient gates across each end of such turnpike or other road at each end of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts, or carriages passing along such turnpike or other road shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railway: And whereas by the Acts relating to certain railways it is provided that such gates shall be kept constantly closed across the railway, except during the time when carriages or engines passing along_the_railway shall have to cross such turnpike or other road: And whereas experience has shown that it is more conducive to safety that such gates should be kept closed across the turnpike or other road instead of across the railway Be it therefore enacted, that, notwithstanding anything to the contrary contained in any Act of Parliament heretofore passed, such gates shall be kept constantly closed across each end of such turnpike or other roads, in lieu of across the railway, except during the time when horses, cattle, carts, or carriages passing along such turnpike or other road shall have to cross such railway; and such gates shall be of such dimensions and so constructed as, when closed across the ends of such turnpike or other roads, to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway while the gates are closed: Provided Proviso. always, that it shall be lawful for the lords of the said committee, in any case in which they are satisfied that it will be more conducive for the public safety that the gates at any level crossing over any : Sect. 9. such turnpike or other road should be kept closed across the railway, to order and direct that such gates shall be kept so closed, instead of across the road; and such order of the lords of the said committee shall be a sufficient authority for the directors or proprietors of any railway company to whom such order is addressed for keeping such gates closed, in the manner directed by the lords of the said committee. Railway to erect and maintain fences. (a) Ante, p. 241. 10. And whereas it is expedient that further provision be made companies for the safety of the public in respect of the fences of railways: Be it enacted, that all railway companies shall be under the same liability of obligation to erect, and to maintain and repair, good and sufficient fences throughout the whole of their respective lines, as they would have been if every part of such fences had been originally ordered to be made under an order of justices by virtue of the provisions to that effect in the Acts of Parliament relating to such railways respectively. Section 68 of the Railways Clauses Consolidation Act, 1845, ante, p. 119, contains provisions as to fencing the land taken from the adjoining lands not taken. On what gauge railways shall be made. Gauge not to be altered. Penalty on construct THE RAILWAY REGULATION (GAUGE) ACT, 1846. (9 & 10 VICT. CAP. 57.) An Act for regulating the Gauge of Railways. It shall not be lawful (except as hereinafter excepted) to construct any railway for the conveyance of passengers on any gauge other than four feet eight inches and half an inch in Great Britain, and five feet three inches in Ireland: Provided always, that nothing hereinbefore contained shall be deemed to forbid the maintenance and repair of any railway constructed before the passing of this Act on any guage other than those herein before specified, or to forbid the laying of new rails on the same gauge on which such railway is constructed within the limits of deviation authorised by the several Acts under the authority of which such railways are severally constructed. Sections 2, 3, and 5 contained provisions affecting special lines. Sections 3 and 5 have been repealed. 4. It shall not be lawful after the passing of this Act to alter the gauge of any railway used for the conveyance of passengers. 6. If any railway used for the conveyance of passengers shall company for be constructed or altered contrary to the provisions of this Act, the ing railways company authorised to construct the railway, or, in the case of any contrary to demise or lease of such railway, the company for the time being this Act. having the control of the works of such railway, shall forfeit ten pounds for every mile of such railway which shall be so unlawfully Sect. 6. constructed or altered, during every day that the same shall continue so unlawfully constructed or altered; and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile. contrary to abated. 7. Over and above the penalty herein before provided, if any railway Railways used for the conveyance of passengers shall be constructed or constructed altered contrary to the provisions of this Act, it shall be lawful for this Act the Commissioners of Her Majesty's woods, forests, land revenues, may be works, and buildings, or for the lords of the committee of Her Majesty's Privy Council for trade and foreign plantations, to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this Act, and to restore the site thereof to its former condition. 8. All penalties under this Act may be recovered from the com- Recovery of pany liable to pay and make good the same, as, under the provisions penalties. of an Act passed in the last session of Parliament, intituled An Act 8 & 9 Vict. for consolidating in one Act certain provisions usually inserted in c. 20. Acts authorising the making of railways, a penalty for any infringement of the last recited Act is recoverable against a company authorised to construct a railway. THE REGULATION OF RAILWAYS ACT, 1868. An Act to amend the Law relating to Railways. non-con 19. Where proceedings are taken against a company using a Proceedings locomotive steam engine on a railway on account of the same not in case of consuming its own smoke, then if it appears to the justices before sumption of whom the complaint is heard that the engine is constructed on the smoke. principle of consuming its own smoke, but that it failed to consume its own smoke, as far as practicable, at the time charged in the complaint through the default of the company, or of any servant in the employment of the company, such company shall be deemed guilty of an offence under the Railways Clauses Consolidation Act, 1845, section one hundred and fourteen.(a) (a) See ante, p. 132. 20. All railway companies, except the Metropolitan Railway Smoking Company, shall, from and after the first day of October next, in compart every passenger train where there are more carriages than one of each ments for class, provide smoking compartments for each class of passengers, unless exempted by the Board of Trade. III.-Provisions for Safety of Passengers. all classes. 22. After the first day of April, one thousand eight hundred and Communisixty-nine, every company shall provide, and maintain in good work- cation ing order, in every train worked by it which carries passengers, and passengers between |