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to have Jurisdiction.
in the Manner and Form therein particularly mentioned
and expressed with reference to the pecuniary Penalties any Justice imposed by the Post Office Acts: Provided neverthe
less, that any Justice of the Peace having Jurisdiction for any County through which any Railway shall pass, in respect of which any Penalty or Forfeiture under this Act shall have been incurred, shall and may hear and determine any Offence against this Act which may subject any Company to a pecuniary Penalty not ex
ceeding Twenty Pounds; and a Summons issued under Company. the Post Office Acts by any such Justice against any
Railway Company for the Recovery of any such Penalty, shall be deemed to be sufficiently served in case either the Summons or a Copy thereof be delivered to any Officer, Servant, or Agent of such Company, or
be left at any Station belonging to such Company. Amendment 20". And be it enacted, That this Aei mar be amended
of repealed by any -Aet to be passed in the present Ses sion of Parliament.
or repeal of Act.
II.—GATES AT LEVEL CROSSINGS.
2 & 3 Vict. CAP. 45. An Act to amend an Act of the Fifth and Sixth Years
of the Reign of His late Majesty King William the Fourth relating to Highways. [17th August, 1839.]
WHEREAS by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign
a For the sake of brevity, this clause will be omitted from all future acts in this volume. The clause has reference only to the Session in which the act was passed, and its very temporary operation has therefore in every case terminated. Since the Session in which Lord Brougham's Act of 1850 (13 Vic, c. 21,) “for shortening the Language used in Acts of Parliament" was passed, the clause has been disused in the statutes themselves. That Act declared, in 8 l, "that every Act to be passed after the Commencement of this Act," (i.c., on “the Commencement of the next Session of Parliament," 8 8,) “may be “ altered, amended, or repealed in the same Session of Parliament, any Law or “Usage to the contrary notwithstanding."
II. § 1.] Gates at Level Crossings; 2 & 3 Vict. c. 45 : (1839.) 15 of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the Laws relating to 5 & 6 W. 4, Highways in that Part of Great Britain called England, c. 50. it is amongst other things by the said Act enacted, that Gates at whenever a Railroad shall cross any Highway for Carts ings. or Carriages the Proprietors of the said Railroad shall make and maintain good and sufficient Gates at each of the said Crossings, and shall employ good and proper Persons to attend to the opening and shutting of such Gates, so that the Persons, Carts, or Carriages passing along such Road 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 Months after the said Neglect to One Justice, who Penalty for may summon the Party so complained against to appear ne before the Justices at their next Special Sessions for the Highways, who shall hear and decide upon the said Complaint, and the Proprietor so offending shall forfeit any Sum not exceeding Five Pounds: And whereas it is also by the said Act further enacted', that nothing in this Act contained shall apply to any Turnpike Roads, except where expressly mentioned, or to any Roads, Bridges, Carriageways, Cartways, Horseways, Bridleways, Footways, Causeways, Churchyards, or Pavements, which now are or may hereafter be paved, repaired, or cleansed, broken up or diverted, under or by virtue of the Provisions of any Local or Personal Act or Acts of Parliament: And whereas it is deemed expedient to amend the said Provisions in the said Act, and to extend the same to Turnpike Roads in England: Be it therefore enacted".... That wherever a Railroad Railway crosses or shall hereafter cross any Turnpike Road or maintain
$ 71 of Highways Act for England, 5 & 6 Wm. 4, c. 50. As the provision referred to is fully recited here, it is unnecessary to print an extract from that act separately : but see next note (b).
Sic. The words in $ 71 of 5 & 6 Wm. 4, c. 50, are, however, “ Ten Days," instead of " One Month," as here recited in the present statute.
$ 113 of 5 & 6 Wm. 4, c. 50: see preceding note ("). d See note a in p. 1.
Gates where any Highway or Statute Labour Road for Carts or Car
High-riages in Great Britain, the Proprietors or Directors of way, &c: the Company of Proprietors of the said Railroad shall
make and maintain good and sufficient Gates across each
End of such Turnpike or other Road as aforesaid, at and employ each of the said Crossings; and shall employ good and open and 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 Day's Neg- the Proprietor or Director so offending shall, for each lect.
and every Day of such Neglect, forfeit any Sum not exceeding Five Pounds, together with such Costs as to the Justices or Sheriff Depute aforesaid before whom the Conviction shall take place shall seem fit.
2.... The Penalties by this Act imposed, and the Costs and applica
to be allowed and ordered by the Authority of this Act, shall in England be 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. Commence.. 3.... This Act shall commence and take effect from and
after the Thirtieth Day of September One thousand eight hundred and thirty-nine.
tion of Penalties.
ment of Act.
* Sic : Turnpike Road?
See further in § 9 of 5 & 6 Vic. c. 55, (IV. 9); and § 47 of 8 Vic. c. 20, (VII. 47).
• Highways Act for England, 5 & 6 Wm. 4, c. 50.
III.-RAILWAYS REGULATION ACT, 1840.
3 & 4 Vict. CAP. 97.
[10th August, 1840.]
tice before opening a
WHEREAS it is expedient for the Safety of the Public to provide for the due Supervision of Railways: Be it therefore enacted".... That after T#0 Months from the Month's Nopassing of this Acts no Railways of Portion of any Railway, shall be opened for the publie Conveyance of Railway, to Passengers or Goods until One Calendar Month after Board of Notice in Writing of the Intention of opening the same shall have been given by the Company to whom sueh Railway shall belong to the bords of the Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations
2....H any Railway, of Portion of any Railway, shalt Penalty for be opened without flue Notice as aforesaid, the Com Kailways
wall balance shou farfait to without such
Notice, £20 Her Majesty the Sum of Twenty Pounds for every a day. Hay during which the same shall continue open, until the Expiration of One Calendar Month after the com pany shall have given the like Notice as is herein before required before the opening of the Railway; and any suel Penalty may be recovered in any of Her Majesty's Courts of Records.
3.... The Lords of the said Committee may order Returns to and direct every Railway Company to make up and Board of deliver to them Returns, according to the Form to be * provided by the Lords of the said Committee,—of the Railway aggregate Traffic in Passengers, according to the several of Traffic Classes, and of the aggregate Traffic in Cattle and Goods respectively, on the said Railway,—as well as of * See note a in p. 1.
Sections 1 & 2 of this act are repealed by § 3 of 5 & 6 Vic. c. 55; and other provision is made in lieu thereof, by $ 4 et seq. of the latter act: (IV. 3-6).
Trade, to be made by
False Returns, Misde
of Accidents; all Accidents which shall have occurred thereon attended of Fares, &c. with personal Injury", and also a Table of all Tolls,
Rates, and Charges from Time to Time levied on each
Class Passengers, and on Cattle and Goods, conveyed Penalty for on the said Railway; and if the Returns herein specified
uy shall not be delivered within Thirty Days after the
same shall have been required, every such Company shall forfeit to Her Majesty the Sum of Twenty Pounds for every Day during which the said Company shall wilfully neglect to deliver the same; and every
such Penalty may be recovered in any of Her Majesty's Proviso; Courts of Record: Provided always, that such Returns Companies shall be required, in like Manner and at the same Tiine,
from all the said Companies, unless the Lords of the said Committee shall specially exempt any of the said Companies, and shall enter the Grounds of such Esemp
tion in the Minutes of their Proceedings.
do 4....Every Officer of any Company who shall wilfully meanor. make any false Return to the Lords of the said Com
mittee shall be deemed guilty of a Misdemeanor, Inspection of 5.... It shall be lawful for the Lords of the said ComWorks, &o., mittee, if and when they shall think fit, to authorize any of Board of proper Person or Persons to inspect any Railway: and
it shall be lawful for every Person so authorized, at all reasonable Times, upon producing his Authority, if required, to enter upon and examine the said Railway,
and the Stations, Works and Buildings, and the Engines Inspectors and Carriages belonging theretoo: Provided always, that Directors for Ho Person shall be eligible to the ppointment as pre- taspector as aforesaid who shalt within One Year of his
Appointment have been a Director of have held any
6....Every Person wilfully obstructing any Person duly authorized as aforesaid, in the Execution of his
See further, in sections 7, 8 of 5 & 6 Vic. c. 55, as to returns of Accidents (IV. 7, 8). b"Class Passengers ;" sic: Class of Passengers ?
© The powers given by this section are extended, and the proviso in the latter part of it is repealed, by $ 15 of 7 & 8 Vic. c. 85, (V. 15).
not to be
a year previous.