Penalties on ' Railway for non going pro 12.... If the Company of Proprietors of any Railway, or any of their respective Officers, Servants, or Agents, Companies shall refuse or neglect to carry or convey any Mails or compliance Post Letter Bags, when tendered to them for such with forePurpose by the Postmaster General or any Officer of visions: the Post Office, or shall refuse to carry on their Railway any Mail Coaches, Carts, or Carriages as herein-before provided, when so required by the Postmaster General, or shall refuse or neglect to receive, take up, deliver, and leave any such Mails or Post Letter Bags, Mail Guards, or other Officers of the Post Office, Mail Coaches, Carts, or Carriages, at such Places, at such Times, on such Days, and subject to such Regulations and Restrictions as to Speed of travelling, Places, Times, and Duration of Stoppages, as the Postmaster General shall from Time to Time reasonably direct or appoint, as herein-before provided, or shall not obey, observe, and perform all such Regulations respecting the Conveyance of the Mails and Post Letter Bags, Mail Coaches, Carts, and Carriages on any such Railways as the Postmaster General, or such Officer of the Post Office as he shall nominate in that Behalf, shall make for the Purposes aforesaid, then and in any such Case the Company of Proprietors who, or whose Officer, Servant, or Agent, shall so offend in the Premises, shall for every such Offence forfeit and pay a sum not exceeding £20 for each Twenty Pounds; Provided nevertheless, that the Pay- penalty not ment of or Liability to such Penalty shall not in any liability Manner lessen or affect the Liability of any such Com- under Bond. pany under any Bond which may have been given by them under the Provisions herein-after contained". offence; but to diminish General may way Com 13....It shall be lawful for the Postmaster General, if Postmaster he shall so think fit, to require the Company of Pro- require Railprietors of any Railway already made or in progress, or panies to to be hereafter made, within the United Kingdom, to give Security give Security by Bond to Her Majesty, Her Heirs and § 13, 14. by Bond. Successors, conditioned to be void if such Company shall from Time to Time carry or convey or cause to be carried or conveyed, all such Mails or Post Letter Bags, Mail Guards, and other Officers of the Post Office, Mail Coaches, Carts, and Carriages in manner herein-before mentioned, when thereunto required by the Postmaster General or any Officer of the Post Office duly authorized for that Purpose, and shall receive, take up, deliver, and leave all such Mails or Post Letter Bags, Guards and Officers, Mail Coaches, Carts, and Carriages, at such Places, at such Times, on such Days, and subject to such Regulations and Restrictions as to Speed of travelling, Places, Times, and Duration of Stoppages, as herein-before mentioned, and shall obey, observe, and perform all such Regulations respecting the same as the Postmaster General shall reasonably make, and shall well and truly do and perform, and cause to be done and performed, all such other Acts, Matters, and Things as by this Act are required or directed to be done or performed by or on the Part or Behalf of such Company, their Officers, Servants, and Agents; and every such Bond shall be taken in such Sum and in such Form as the Postmaster General shall think proper; and every such Security shall be renewed from Time to Time whenever and so often as such Bond shall be forfeited, and also whenever and so often as the Postmaster General shall in his Discretion require the same Penalty on to be renewed; and if any Company of Proprietors of not giving or any such Railway as aforesaid shall, when so required Bond when as aforesaid, refuse or neglect, for the Space of One Calendar Month next after the Delivery of any Notice for such Purpose to them given by or from the Postmaster General, to execute to Her Majesty, Her Heirs and Successors, such Bond to the effect and in manner aforesaid, or shall at any Time refuse or neglect to renew such Bond whenever and so often as the same shall by or in pursuance of this Act be required to be renewed, such Company of Proprietors shall forfeit Form and amount of Bond. Company for renewing required, £100 per day. One hundred Pounds for every Day during the Period for which there shall be any Refusal, Neglect, or Default to give or renew such Security as aforesaid, after the Expiration of the said One Calendar Month. Lessees of a Railway liable to provisions of Corporation, not to be required to exceeding £1000. 14. Provided always, and be it enacted, That in all Cases in which any Railway or Part of a Railway may, previous to the passing of this Act, have been demised his Act: or let by the Company of Proprietors thereof, the Body Corporate or Company, or other Persons to whom the but if not a same shall have been so demised or let, their Successors, Company or Executors, Administrators, or Assigns, shall, during the Continuance of such Lease, be liable to all the Provisions give security of this Act for or in respect of such Railway or Part of a Railway, in lieu of such Company of Proprietors; but so that such Lessees (not being a Body Corporate or Company), their Executors, Administrators, or Assigns, shall not be required in respect of any such Railway or Part of a Railway to give Security under the foregoing Enactment to any Amount in any One Bond exceeding the Sum of One Thousand Pounds, and shall not in any One Year be liable in Damages, to be recovered upon any Bonds which they may have given, to any Amount exceeding the Sum of One Thousand Pounds and Costs of Suit. Notices by 15....All Notices under the Provisions of this Act by Service of or on behalf of the Postmaster General to any Com- Post office any of Proprietors of any Railway as aforesaid shall on Company. be considered as duly served on any Company of Prorietors in case the same shall be given or delivered to ny One or more of the Directors of such Company, or o the Secretary or Clerk of such Company, or be left t any Station belonging to such Company. 16....In all Cases in which the Postmaster General Arbitration for settling nd any Company of Proprietors of any Railway shall Differences ot be able to agree on the Amount of Remuneration between - Compensation to be paid by the Postmaster General and Railway Sic: previously? Post Office Companies, as to remuneration or compensatiou. to such Company of Proprietors for any Services performed or to be performed by them as herein-before mentioned, the same shall be referred to the Award of Two Persons, one to be named by the Postmaster General, and the other by such Company: and if such Two Persons cannot agree on the Amount of such Remuneration or Compensation, then to the Umpirage of some Third Person, to be appointed by such Two firstnamed Persons previously to their entering upon the Award final. Inquiry; and the said Award or Umpirage, as the Case may be, shall be binding and conclusive on the said Parties, and their respective Successors and Assigns. After Contracts have existed for 3 years, Railway Company reference to as to alter Arbitrators ation of terms: but service not to be interrupted. Appointment of and Umpire: of Time. 17....After any Contract entered into or Award made under the Authority of this Act shall have continued in operation for a Period of Three Years, it shall be competent for any Railway Company who may consider themselves aggrieved by the Terms of Remuneration fixed by such Contract or Award, by Notice under their Common Seal, to require that it shall be referred to Arbitrators to determine whether any and what Alteration ought to be made therein; and thereupon such Arbitrators or Umpire to be appointed as herein-before mentioned shall proceed to inquire into the Circumstances, and make their Award therein, as in the Case of an original Agreement: Provided always, that the Services performed by such Railway Company for the Post Office shall in nowise be interrupted or impeded thereby. 18....In all References to be made under the AuthorArbitrators ity of this Act, the Postmaster General or the Railway limitation Company, as the Case may be, shall nominate his or their Arbitrator within Fourteen Days after Notice from the other Party, or in default it shall be lawful for the Arbitrator appointed by the Party giving Notice to name the other Arbitrator; and such Arbitrators shall proceed forthwith in the Reference, and make their Award therein within Twenty-eight Days after their Appointment, or otherwise the Matter shall be left to be determined by the Umpire; and if such Umpire shall refuse or neglect to proceed and make his Award for the Space of Twenty-eight Days after the Matter shall have been referred to him, then a new Umpire shall be appointed by the Two first-named Arbitrators, who shall in like Manner proceed and make his Award within Twenty-eight Days, or in default be superseded; and so toties quoties. "Railway Individuals, tions in Post 19.... Whenever the Term "Company of Proprietors," Interpretaor "Railway Company," or "Company," is used in this "Company of Act, the same shall extend to and be construed to in- Proprietors;" clude the Proprietors for the Time being of any Rail- Company", way, whether a Body Corporate or Individuals, and "Company" also (during the Continuance of any Demise or Lease Lessees. as aforesaid) any Person, whether a Body Corporate or Company or Individuals, to whom any Railway or Part of a Railway may previous" to the passing of this Act have been demised or let, and their Successors, Executors, Administrators, and Assigns, unless the Subject or Context be otherwise repugnant to such Construction; and the Provisions of this Act shall be construed ac- Construccording to the respective Interpretations of the Terms Office Act, and Expressions contained in an Act passed in the 1 Vio. c. 36. First Year of the Reign of Her present Majesty, intituled An Act for consolidating the Laws relative to Offences against the Post Office of the United Kingdom, and for regulating the judicial Administration of the Post Office Laws, and for explaining certain Terms and Expressions employed in those Laws, so far as those Interpretations are not repugnant to the Subject or inconsistent with the Context of such Provisions; and This, a Post that this present Act shall be deemed and construed to be a Post Office Act within the Intent and Meaning of the said last-mentioned Act; and the pecuniary Penal- Recovery of ties hereby imposed shall be recovered and recoverable a Sic previously? office Act; Penalties; |