Laws, when confirmed or allowed according to the Provisions of any Act in force regulating the Allowance or Confirmation of the same, shall be painted on Boards, or printed on Paper and pasted on Boards, and hung up and affixed and continued on the Front or other conspicuous Part of every Wharf or Station belonging to the Company, according to the Nature or Subject Matter of such Bye Laws respectively, and so as to give public Notice thereof to the Parties interested therein or affected thereby; and such Boards shall from Time to Time be renewed as often as the Bye Laws thereon or any Part thereof shall be obliterated or destroyed; and no Penalty imposed by any such Bye Law shall be recoverable unless the same shall have been published and kept published in manner aforesaid".

Bye Laws.

111. Such Bye Laws, when so confirmed, published, Bye Laws to and affixed, shall be binding upon and be observed by all Parties; all Parties, and shall be sufficient to justify all Persons acting under the same; and for Proof of the Publication Evidence of of any such Bye Laws it shall be sufficient to prove that a printed Paper or painted Board, containing a Copy of such Bye Laws, was affixed and continued in manner by this Act directed; and in case of its being afterwards displaced or damaged, then that such Paper or Board was replaced as soon as conveniently might be.

And with respect to Leasing the Railway, be it enacted Leasing of as follows:

Railway.

Lease of

112. Where the Company shall be authorized by the Covenants in special Act to lease the Railway or any Part thereof to Railway. any Company or Person, the Lease to be executed in pursuance of such Authority shall contain all usual and proper Covenants on the Part of the Lessee for main

See 3 & 4 Vic. c. 97, § 7-10, under which the sanction of the Board of Trade is required for Bye Laws, which may also be disallowed by them (III. 7-10). And see § 143, (p. 190.)

e By another act of the same session, 1845, (8 & 9 Vic. c. 96,) the power of leasing, selling, or transferring a Railway under any act of the same session is restrained, and limited to cases in which a special provision is made by act of Parliament in each case: (post, IX.)

When Railway leased,

the Lessees, under same

Acts as Leg

sors subject

to.

taining the Railway, or the Portion thereof comprised in such Lease, in good and efficient Repair and working Condition during the Continuance thereof, and for so leaving the same at the Expiration of the Term thereby granted, and such other Provisions, Conditions, Covenants, and Agreements as are usually inserted in Leases of a like Nature.

113. Such Lease shall entitle the Company or Person Powers to be to whom the same shall be granted, to the free Use of exercised by the Railway or Portion of Railway comprised therein; and during the Continuance of any such Lease, all the Powers and Privileges granted to and which might otherwise be exercised and enjoyed by the Company, or the Directors thereof, or their Officers, Agents, or Servants, by virtue of this or the special Act, with regard to the Possession, Enjoyment, and Management of the Railway, or of the Part thereof comprised in such Lease, and the Tolls to be taken thereon, shall be exercised and enjoyed by the Lessee, and the Officers and Servants of such Lessee, under the same Regulations and Restrictions as are by this or the special Act imposed on the Company, and their Directors, Officers, and Servants; and such Lessee shall, with respect to the Railway comprised in such Lease, be subject to all the Obligations by this or the special Act imposed on the Company.

Carriages and Engines.

Engines to

consume

Penalty.

And with respect to the Engines and Carriages to be brought on the Railway, be it enacted as follows:

114. Every locomotive Steam Engine to be used on their Smoke: the Railway shall, if it use Coal or other similar Fuel emitting Smoke, be constructed on the Principle of consuming and so as to consume its own Smoke; and if any Engine be not so constructed, the Company or Party using such Engine shall forfeit Five Pounds for every Day during which such Engine shall be used on the Railway.

Engines for

use on Railway, to be

115. No locomotive or other Engine, or other Description of moving Power, shall at any Time be brought

the Com

Certificate of

them:

Unfit En

upon or used on the Railway unless the same have first approved by been approved of by the Company; and within Fourteen pany; and Days after Notice given to the Company by any Party Approval desirous of bringing any such Engine on the Railway, given by the Company shall cause their Engineer or other Agent to examine such Engine at any Place within Three Miles Distance from the Railway to be appointed by the Owner thereof, and to report thereon to the Company; and within Seven Days after such Report, if such Engine be proper to be used on the Railway, the Company shall give a Certificate to the Party requiring the same, of their Approval of such Engine; and if at any Time Damaged or the Engineer or other Agent of the Company report gines to be that any Engine used upon the Railway is out of repair, removed: or unfit to be used upon the Railway, the Company may require the same to be taken off, or may forbid its Use upon the Railway until the same shall have been repaired to the Satisfaction of the Company; and upon the Engine being so repaired, the Company shall give a Certificate to the Party requiring the same, of their Approval of such Engine; and if any Difference of Arbitration Opinion arise between the Company and the Owner of " any such Engine as to the Fitness or Unfitness thereof for the Purpose of being used on the Railway, such Difference shall be settled by Arbitration.

as to Fituess.

using uncer

Engines, &o.

116. If any Person, whether the Owner or other Penalty for Person having the Care thereof, bring or use upon the tified or Railway any locomotive or other Engine, or any moving improper Power, without having first obtained such Certificate of Approval as aforesaid,-or if, after Notice given by the Company to remove any such Engine from the Railway, such Person do not forthwith remove the same,—or if, after Notice given by the Company not to use any such Engine on the Railway, such Person do so use such Engine, without having first repaired the same to the Satisfaction of the Company, and obtained such Certi

Under § 87 et seq., powers are given for different Companies to use the Railway and bring Engines and Carriages thereon (p. 169 et seq.)

Carriages to be according

ficate of Approval,-every such Person shall, in any of the Cases aforesaid, forfeit to the Company a Sum not exceeding Twenty Pounds; and in any such Case, it shall be lawful for the Company to remove such Engine from the Railway.

117. No Carriage shall pass along or be upon the to Company's Railway (except in directly crossing the same, as herein Regulations: or by the special Act authorized,) unless such Carriage be at all Times, so long as it shall be used or shall remain on the Railway, of the Construction and in the Condition which the Regulations of the Company for Arbitration the Time being shall require"; and if any Dispute arise between the Company and the Owner of any such Carriage as to the Construction or Condition thereof, in reference to the then existing Regulations of the Company, such Dispute shall be settled by Arbitration.

in ease of

Dispute.

Regulations as to Carriages:

copies to be

demand.

118. The Regulations from Time to Time to be made by the Company respecting the Carriages to be used on the Railway shall be drawn up in Writing, and be authenticated by the Common Seal of the Company, and shall be applicable alike to the Carriages of the Company and to the Carriages of other Companies or Persons using the Railway; and a Copy of such Regulafurnished on tions shall, on Demand, be furnished by the Secretary of the Company to any Person applying for the same. 119. If any Carriage, not being of such Construction per Carriages, or in such Condition as the Regulations of the Company for the Time being require, be made to pass or be upon any Part of the Railway (except as aforesaid), the Owner thereof, or any Person having for the Time being the Charge of such Carriage, shall forfeit to the Company a Sum not exceeding Ten Pounds for every such Offence; and it shall be lawful for the Company to remove any such Carriage from the Railway.

Penalty for using impro

Name, &c., of Owners of Carriages to

120. The respective owners of Carriages using the Railway shall cause to be entered with the Secretary or * See § 76 (p. 164-5).

• § 117:

b See § 108, and note a thereon, in p. 178. carriages crossing the line.

:

with Com

pany and

Carriages:

other Officer of the Company appointed for that Purpose be entered the Names and Places of Abode of the Owners of such Carriages respectively, and the Numbers, Weights, and exhibited on Gauges of their respective Carriages; and such Owner shall also, if so required by the Company, cause the same Particulars to be painted in legible Characters on some conspicuous Part of the Outside of every such Carriage, so as to be always open to View; and every such Owner shall, whenever required by the Company, permit his Carriage to be weighed, measured, or gauged at the Expense of the Company.

may be

121. If the Owner of any Carriage fail to comply with Or Carriages the Requisitions contained in the preceding Enactment, removed. it shall be lawful for the Company to refuse to allow such Carriage to be brought upon the Railway, or to remove the same therefrom until such Compliance.

obstructing

may be un

removed, or detained.

122. If the loading of any Carriage using the Railway Carriages be such as to be liable to Collision with other Carriages loaded, or improperly properly loaded, or to be otherwise dangerous, or if the dangerous, or Person having the Care of any Carriage or Goods upon the Railway, the Railway suffer the same or any Part thereof to re- loaded, main on the Railway so as to obstruct the Passage or working thereof, it shall be lawful for the Company to cause such Carriage or Goods to be unloaded and removed, in any Manner proper for preventing such Collision or Obstruction, and to detain such Carriage or Goods, or any Part thereof, until the Expenses occasioned by such Unloading, Removal, or Detention be paid. 123. The Company shall not be liable for any Damage Company not or Loss occasioned by any such Unloading, Removal, or to be liable Detention as aforesaid, except for Damage wilfully or by such unnegligently done to any Carriage or Goods so unloaded, removed, or detained; nor shall they be liable for the safe Custody of any such Carriage or Goods so detained,

a Under the act of 1838, for regulating the conveyance of Mails by Railway, (1 & 2 Vie. c. 98, § 10) the Royal Arms are to be painted on the outside of carriages provided for the service of the post office, in lieu of the name of the owner and number of the Carriage or other requisites: (I. 10, p. 8.)

for Damage

loading, &c.