« ZurückWeiter »
laid before Board of Trade,
Duty, shall, on Conviction before a Justice of the Peace having Jurisdiction in the Place where the Offence shall have been committed, forfeit and pay for every such Offence any Sum not exceeding Ten Pounds; and on Penalty, £10. default of Payment of any Penalty so adjudged, immediately or within such Time as the said Justice of the Peace shall appoint, the same Justice, or any other Justice having Jurisdiction in the place where the Offender shall be or reside, may commit the Offender to Prison for any Period not exceeding Three Calendar Months; such Commitment to be determined on Payment of the Amount of the Penalty; and every such Penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual Manner.
7. And whereas many Railway Companies are or may Byo Laws, hereafter be empowered by Act of Parliament to make existing B Bye Laws, Orders, Rules, or Regulations, and to impose Laws to be Penalties for the Enforcement thereof, upon Persons Board of other than the Servants of the said Companies, and it is within Two expedient that such Powers should be under proper months ; Control; be it enacted, That true Copies of all such Bye Laws, Orders, Rules, and Regulations made under any such Powers by every such Company before the passing of this Act, certified in such Manner as the Lords of the said Committee shall from Time to Time direct, shall, within Two Calendar Months after the passing of this Act, be laid before the Lords of the said Committee; and that every such Bye Law, Order, Rule, otherwiso to or Regulation, not so laid before the Lords of the said TM® Committee within the aforesaid Period, shall, from and after that Period, cease to have any Force or Effect, saving in so far as any Penalty may have been then already incurred under the same.
8....No such Bye Law,Order, Rule, or Regulation made Future Byo under any such Power, and which shall not be in force at the Time of the passing of this Act, and no Order, tilTwo Rule, or Regulation annulling any such existing Bye Law, being laid Rule, Order, or Regulation which shall be made after of Trade ;
Laws not to take effect till Two Months after
before Board Non-compliance with
may be disallowed by
Trade, at any
the passing of this Act, shall have any Force or Effect until Two Calendar Months after a true Copy of such Bye Law, Order, Rule, or Regulation, certified as afore
said, shall have been laid before the Lords of the said unless sooner Committee, unless the Lords of the said Committee shall,
“ before such Period, signify their Approbation thereof. Bye Laws 9.... It shall be lawful for the Lords of the said Com
- mittee, at any Time either before or after any Bye Board of Law, Order, Rule, or Regulation shall have been laid time ; and before them as aforesaid shall have come into operation®,
o to notify to the Company who shall have made the same
their Disallowance thereof, and, in case the same shall be in force at the Time of such Disallowance, the Time at which the same shall cease to be in force; and no Bye Law, Order, Rule, or Regulation which shall be so disallowed shall have any Force or Effect whatsoever, or, if it shall be in force at the Time of such Disallowance, it shall cease to have any Force or Effect at the Time limited in the Notice of such Disallowance, saying in so far as any Penalty may have been then already
incurred under the same. Repeal of 10....So much of every Clause, Provision, and Enactprevious" ment in any Act of Parliament heretofore passed, as
way to may require the Approval or Concurrence of any Jusapproval of tice of the Peace, Court of Quarter Sessions, or other
Person or Persons, other than Members of the said
114....Whenever I shall appear to the Lords of the
Acts as to
Bye Laws by others than Board of Trade.
• Sic: “regulation which shall have been laid before them as aforesaid. shall have come into operation"?
See as to Bye Laws, in Companies Clauses Consolidation Act, $ 124 et seq. (VI. 124, &c.); and in Railways Clauses Consolidation Act, § 108 et seg. (VII. 108, &c.)
c Under the previous sections, 7-9, the approval of the Board of Trade for Bye Laws is required, instead of that of other authorities previously named in special acts.
*This section (11) is repealed by § 16 of 7 & 8 Vic. c. 85, and other provision made by $ 17 of the latter act' (ř. 16, 17).
said Committee that any of the Provisions of the several provisions of Aets of Parliament regulating any of the said Companies, Acts, may bo of the Provisions of this Aets have not been complied Board of with on the Part of any of the said Companies of any of their Oteers, and that it would be for the publie Advantage that the due Performance of the same should be enforced, the Lords of the said Committee shalt eertify the same to Her Majesty's Attorney General for England er freland, or to the Lord Advocate for Seot land, as the case may require; and thereupon the said and Attorney Attorney General of Lord Advocate shalt, by Informa- thereupon to Hodt, of by Action, Bilt, Plaint, Suit at Law of in Equity, formance and of other legal Proceeding, as the Case may require, Penalties : proceed to feeover sueh Penalties and Forfeitures, of sheririse to enforce the due Performance of the said Previsions, by such Means as any Person aggrieved by fueh Mon compliance, or otherwise authorized to sue for sueh Penalties, might employ under the Provisions of the said Aets: Provided always, that no sueh Certifieate Notice to be #s aforesaid shall be given by the Lords of the said Company Committee until Twenty one Days after they shall have 21 siten Notice of their intention to give the same to the certificato. Company against of in relation to whom they shall intend to give the same.
12o.... legal Proceedings shall be commenced under Limitation of the Authority of the Lords of the said Committee under auch Against any Railway Company for any Offence against thority of this Aet, of any of the several Aets of Parliament fe Trade. lating to Railways, except upon sueh Certificate of the bords of the said Committee as aforesaid, and within One Wear after sueh Offenee shall have been committeda.
13....It shall be lawful for any Officer or Agent of any Railway Company, or for any Special Constable Companies : duly appointed, and all such Persons as they may call to for Miscontheir Assistance, to seize and detain any Engine Driver, duct: Guard, Porter, or other Servant in the Employ of such
given to the
21 days before issue of
* This section (12) is superseded by § 18 of 7 & 8 Vic. c. 85 (V. 18).
Companywho shall be found drunk while employed upon the Railway, or commit any Offence against any of the Bye Laws, Rules, or Regulations of such Company, or shall wilfully, maliciously, or negligently do or omit to do any Act, whereby the Life or Limb of any Person passing along or being upon the Railway belonging to such Company, or the Works thereof respectively, shall be or might be injured or endangered, or whereby the Passage of any of the Engines, Carriages, or Trains shall be or might be obstructed or impeded; and to convey such Engine Driver, Guard, Porter, or other Servant so offending, or any Person counselling, aiding, or assisting in such Offence, with all convenient Despatch, before some Justice of the Peace for the Place within which such Offence shall be committed, without any other Warrant or Authority than this Act; and every such Person so offending, and every Person counselling, aiding, or assisting therein as aforesaid, shall, when convicted before such Justice as aforesaid, (who is hereby authorized and required, upon Complaint to him made, upon Oath, without Information in Writing, to take cognizance thereof, and to act summarily in the Premises), in the Discretion of such Justice, be imprisoned, with or without hard Labour, for any Term not exceed. ing Two Calendar Months, or, in the like Discretion of such Justice, shall for every such Offence forfeit to Her Majesty any Sum not exceeding Ten Pounds, and in default of Payment thereof shall be imprisoned, with or without hard Labour as aforesaid, for such Period, not exceeding Two Calendar Months, as such Justice shall appoint; such Commitment to be determined on Payment of the Amount of the Penalty; and every such Penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual Manner.
. The provisions of this section are extended by $ 17 of 5 & 6 Vic. c. 55, to persons employed on the Railway by other Companies using it, as well as servants of the Company to whom the Railway belongs, (IV. 17).
o See & 14, where the Justice thinks fit not to decide upon the complaint summarily,
Penalties, where decided by Justice.
14. Provided always, and be it enacted, That (if upon Or Justice the Hearing of any such Complaint he shall think fit) it offender for shall be lawful for such Justice, instead of deciding Quarter Sesupon the Matter of Complaint summarilyn, to commit sions. the Person or Persons charged with such Offence, for Trial for the same at the Quarter Sessions for the County or Place wherein such Offence shall have been committed, and to order that any such Person so committed shall be imprisoned and detained in any of Her Majesty's Gaols or Houses of Correction in the said County or Place in the meantime, or to take Bail for his Appearance, with or without Sureties, in his Discretion; and every such Person so offending, and con- Penalty by victed before such Court of Quarter Sessions as afore- Quarter Sessaid (which said Court is hereby required to take cognizance of and hear and determine such Complaint), shall be liable, in the Discretion of such Court, to be imprisoned, with or without hard Labour, for any Term not exceeding Two Years.
15....From and after the passing of this Act every Obstruoting Person who shall wilfully do or cause to be done any E thing in such Manner as to obstruct any Engine or Car- or endanger riage using any Railway, or to endanger the Safety of gers, &c., a Persons conveyed in or upon the same, or shall aid or nor: assist therein, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court before which he shall have been convicted, to be imprisoned, with or without hard Labour, for any Term not exceeding Two Years.
16....If any Person shall wilfully obstruct or impede Obstructing any Officer or Agent of any Railway Company in the railer Execution of his Duty upon any Railway, or upon or Company, or in any of the Stations or other Works or Premises con- upon Rail nected therewith,-or if any Person shall wilfully tres- Premises : pass upon any Railway, or any of the Stations or other Works or Premises connected therewith, and shall re
• Under & 13.