of Tolls

to Amount Charges occasioned by any Detention or Sale thereof, chargeable. under the Provisions herein or in the special Act contained, the same shall be settled by a Justice; and it shall be lawful for the Company in the meanwhile to detain the Goods, or (if the Case so require) the Proceeds of the Sale thereof.

Disputes as to

Weights, &c.

Toll Collec-
tor to be
liable for
wrongful

Detention of
Goods.

101. If any Difference arise between any Toll Collector or other Officer or Servant of the Company and any Owner of or Person having the Charge of any Carriage passing or being upon the Railway, or of any Goods conveyed or to be conveyed by such Carriage, respecting the Weight, Quantity, Quality, or Nature of such Goods, such Collector or other Officer may lawfully detain such Carriage or Goods, and examine, weigh, guage, or otherwise measure the same; and if, upon such Measuring or Examination, such Goods appear to be of greater Weight or Quantity or of other Nature than shall have been stated in the Account given thereof, then the Person who shall have given such Account shall pay, and the Owner of such Carriage, or the respective Owners of such Goods, shall also, at the Option of the Company, be liable to pay, the Costs of such measuring and examining; but if such Goods appear to be of the same or less Weight or Quantity than and of the same Nature as shall have been stated in such Account', then the Company shall pay such Costs, and they shall also pay to such Owner of or Person having Charge of such Carriage, and to the respective Owners of such Goods, such Damage (if any) as shall appear to any Justice, on a summary Application to him for that Purpose, to have arisen from such Detention.

102. If at any Time it be made to appear to any Justice, upon the Complaint of the Company, that any such Detention, measuring, or examining of any Car

"Thereof :" sic; the word cannot be meant to refer to its grammatical antecedent. The provision would seem to have been intended in reference to the charges occasioned by the detention or sale of Carriages or Goods under § 97. b § 98, 99.

riage or Goods, as herein-before mentioned, was without reasonable Ground, or that it was vexatious on the Part of such Collector or other Officer, then the Collector or other Officer shall himself pay the Costs of such Detentionand Measuring, and the Damage occasioned thereby; and in default of immediate Payment of any such Costs or Damage, the same may be recovered by Distress of the Goods of such Collector, and such Justice shall issue his Warrant accordingly.

Passengers

without pay

Fare, &c.

103. If any Person travel or attempt to travel in any Penalty on Carriage of the Company, or of any other Company or fraudulently Party using the Railway, without having previously travelling paid his Fare, and with Intent to avoid Payment thereof, ing proper or if any Person, having paid his Fare for a certain Distance, knowingly and wilfully proceed in any such Carriage beyond such Distance, without previously paying the additional Fare for the additional Distance, and with Intent to avoid Payment thereof, or if any Person knowingly and wilfully refuse or neglect, on arriving at the Point to which he has paid his Fare, to quit such Carriage, every such Person shall for every such Offence forfeit to the Company a Sum not exceeding Forty Shillings.

Offenders.

104. If any Person be discovered, either in or after Detention of committing or attempting to commit any such Offence as in the preceding Enactment mentioned, all Officers and Servants and other Persons on behalf of the Company, or such other Company or Party as aforesaid, and all Constables, Gaolers, and Peace Officers, may lawfully apprehend and detain such Person, until he can conveniently be taken before some Justice, or until he be otherwise discharged by due Course of Law.

bringing

Goods on the

105. No Person shall be entitled to carry, or to require Penalty for the Company to carry, upon the Railway, any Aqua- dangerous fortis, Oil of Vitriol, Gunpowder, Lucifer Matches, or Railway. any other Goods which, in the Judgment of the Company, may be of a dangerous Nature; and if any Person send by the Railway any such Goods, without distinctly marking their Nature on the Outside of the Package

sending dan

without

Notice.

On Removal

Collector,

in his pos

delivered up to Company.

containing the same, or otherwise giving Notice in Penalty for Writing to the Book-keeper or other Servant of the gerous Goods Company with whom the same are left, at the Time of so sending, he shall forfeit to the Company Twenty Pounds for every such Offence; and it shall be lawful for the Company to refuse to take any Parcel that they may suspect to contain Goods of a dangerous Nature, or require the same to be opened to ascertain the Fact. 106. If any Collector of Tolls or other Officer em&c. of Toll ployed by the Company be discharged or suspended &c., matters from his Office, or die, abscond, or absent himself, and session to be if such Collector or other Officer, or the Wife, Widow, or any of the Family or Representatives of any such Collector or other Officer, refuse or neglect, after Seven Days Notice in Writing for that Purpose, to deliver up to the Company, or to any Person appointed by them for that Purpose, any Station, Dwelling House, Office, or other Building with its Appurtenances, or any Books, Papers, or other Matters belonging to the Company in the Possession or Custody of any such Collector or Officer at the Occurrence of any such Event as aforesaid, then, upon Application being made by the Company to any Justice, it shall be lawful for such Justice to order any Constable, with proper Assistance, to enter upon such Station or other Building, and to remove any Person found therein, and to take Possession thereof, and of any such Books, Papers, or other Matters, and to deliver the same to the Company, or any Person appointed by them for that Purpose.

Annual Ac

made up, of

Expenditure:

107. And be it enacted, That the Company shall every count to be Year cause an annual Account in abstract to be preReceipts and pared, showing the total Receipts and Expenditure of all Funds levied by virtue of this or the special Act for the Year ending on the Thirty-first Day of December or some other convenient Day in each Year, under the several distinct Heads of Receipt and Expenditure, with a Statement of the Balance of such Account, duly audited and certified by the Directors, or some of them,

and by the Auditors; and shall, if required, transmit a Copy of the said Account, free of Charge, to the Overseers of the Poor" of the several Parishes through which the Railway shall pass, and also to the Clerks of the Peace of the Counties through which the Railway shall pass, on or before the Thirty-first Day of January then next; which last-mentioned Account shall be open to And open to the Inspection of the Public at all seasonable Hours, on inspection; Payment of the Sum of One Shilling for every such In- Fee; spection: Provided always, that if the said Company Penalty. shall omit to prepare or transmit such Account as aforesaid, if required so to do by any such Clerk of the Peace or Overseers of the Poor, they shall forfeit for every such Omission the Sum of Twenty Pounds.

And with respect to the regulating of the Use of Bye Laws. the Railway, be it enacted as follows:

108. It shall be lawful for the Company, from Time Company to Time, subject to the Provisions and Restrictions in regulations: this and the special Act contained, to make Regulations for the following Purposes; that is to say,

For regulating the Mode by which and the Speed at Speed, &c.; which Carriages using the Railway are to be moved

or propelled;

For regulating the Times of the Arrival and Depar- Time-Table. ture of any such Carriages;

&c.;

For regulating the loading or unloading of such Loading, Carriages, and the Weights which they are respectively to carry;

For regulating the Receipt and Delivery of Goods Goods; and other Things which are to be conveyed upon

such Carriages;

other Nui

For preventing the Smoking of Tobacco, and the Smoking and Commission of any other Nuisance, in or upon such sances;

i.e., Poor Law Guardians and Clerk. of Union in Ireland, § 3; there being no Overseers of the Poor of Parishes in Ireland.

See also powers to make Bye Laws or Regulations for certain purposes, under Companies Clauses Consolidation Act (VI. 124 et seq.)

N

Generally:

but not to

Power to make Regulations by Bye Laws.

Carriages, or in any of the Stations or Premises occupied by the Company;

And, generally, for regulating the travelling upon, or using and working of the Railway:

But no such Regulation shall authorize the closing of stop traffic. the Railway, or prevent the Passage of Engines or Carriages on the Railway, at reasonable Times, except at any Time when in consequence of any of the Works being out of Repair, or from any other sufficient Cause it shall be necessary to close the Railway or any Part thereof. 109. For better enforcing the Observance of all or any of such Regulations, it shall be lawful for the Company, subject to the Provisions of an Act passed in the Fourth Year of the Reign of Her present Majesty, intituled An Act for regulating Railways, to make Bye Laws, and from Time to Time to repeal or alter such Bye Laws, and make others, provided that such Bye Laws be not repugnant to the Laws of that Part of the United Kingdom where the same are to have Effect, or to the Provisions of this or the special Act; and such Bye Laws shall be reduced into Writing, and shall have affixed thereto the Common Seal of the Company; and any Person offending against any such Bye Law shall forfeit, for every such Offence, any Sum not exceeding Five Pounds, to be imposed by the Company in such Bye Laws as a Penalty for any such Offence; and if the Infraction or Non-observance of any such Bye Law or other such Regulation as aforesaid, be attended with Danger or Annoyance to the Public, or Hindrance to the Company in the lawful Use of the Railway, it shall be lawful for the Company summarily to interfere to obviate or remove such Danger, Annoyance, or Hindrance, and that without Prejudice to any Penalty incurred by the Infraction of any such Bye Law.

Publication of Bye Laws.

110. The Substance of such last-mentioned Bye

a Under § 87 et seq., powers are given for different Companies to use the Railway and bring Engines and Carriages thereon (p. 169.) See also § 115 et seq. 3 & 4 Vic. c. 97, § 7 et seq. (III. p. 17.)