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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.

&c. :

laid before

Trade,

7. And whereas many Railway Companies are or may Bye Laws, hereafter be empowered by Act of Parliament to make existing Bye 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, otherwise to or Regulation, not so laid before the Lords of the said 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.

be void.

take effect

till Two

8....No such Bye Law, Order, Rule, or Regulation made Future Bye under any such Power, and which shall not be in force Laws not to at the Time of the passing of this Act, and no Order, Months after Rule, or Regulation annulling any such existing Bye Law, being laid Rule, Order, or Regulation which shall be made after of Trade;

before Board

unless sooner approved.

Bye Laws

may be disallowed by Board of

Trade, at any time; and thereupon to be of no

effect.

Repeal of

Provisions of previous Railway

Acts as to

Bye Laws

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 aforesaid, shall have been laid before the Lords of the said Committee, unless the Lords of the said Committee shall, before such Period, signify their Approbation thereof.

9....It shall be lawful for the Lords of the said Committee, at any Time either before or after any Bye Law, Order, Rule, or Regulation shall have been laid before them as aforesaid shall have come into operation*, 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, saving in so far as any Penalty may have been then already incurred under the same.

10....So much of every Clause, Provision, and Enactment in any Act of Parliament heretofore passed, as 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 Companies, to give Validity to any Bye Laws, Orders, Rules, or Regulations made by any such Company, shall be repealed.

by others

than Board of Trade.

Non-compliance with

11....Whenever it shall appear to the Lords of the

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 seq. (VII. 108, &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.

d This section (11) is repealed by § 16 of 7 & 8 Vic. c. 85, and other provision made by § 17 of the latter act (V. 16, 17).

Railway

certified by

Trade;

General, &c.,

enforce Per

aid Committee that any of the Provisions of the several Provisions of lets of Parliament regulating any of the said Companies, Acts, may be r the Provisions of this Aet, have not been complied Board of ith on the Part of any of the said Companies or any f their Officers, and that it would be for the publie dvantage that the due Performance of the same should e enforced, the Lords of the said Committee shall eerfy the same to Her Majesty's Attorney General for England or Ireland, or to the Lord Advocate for Seotind, as the Case may require; and thereupon the said and Attorney ettorney General or Lord Advocate shall, by Informa- thereupon to on, or by Action, Bill, Plaint, Suit at Law or in Equity, formance and • other legal Proceeding, as the Case may require, Penalties: roeeed to recover such Penalties and Forfeitures, or herwise to enforce the due Performance of the said rovisions, by such Means as any Person aggrieved by eh Non compliance, or otherwise authorized to sue for teh Penalties, might empley under the Provisions of e said Aets: Provided always, that no such Certificate Notice to be = aforesaid shall be given by the Lords of the said covon to the ommittee until Twenty-one Days after they shall have 21 days be ven Notice of their Intention to give the same to the certificate. ompany against or in relation to whom they shall tend to give the same.

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Company,

fore issue of

Prosecutions

thority of

12.... No legal Proceedings shall be commenced under Limitation of e Authority of the Lords of the said Committee under Auainst any Railway Company for any Offence against Board of is Act, or any of the several Acts of Parliament re- Trade. ting to Railways, except upon such Certificate of the ords of the said Committee as aforesaid, and within ne Year after such Offenee shall have been committed". 13....It shall be lawful for any Officer or Agent of Servants of y Railway Company, or for any Special Constable Companies: ly appointed, and all such Persons as they may call to for Miscon eir Assistance, to seize and detain any Engine Driver, ard, Porter, or other Servant in the Employ of such

This section (12) is superseded by § 18 of 7 & 8 Vic. c. 85 (V. 18).

Railway

Punishment

duct:

Summary procedure:

Company who shall be found drunk while employed 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 PrePenalties, mises), in the Discretion of such Justice, be imprisoned, with or without hard Labour, for any Term not exceeding 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.

where de

cided by Justice.

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).

b See § 14, where the Justice thinks fit not to decide upon the complaint summarily.

may commit

trial at

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 summarily, 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.

sions.

Engines or

ing Passen

Misdemea

15....From and after the passing of this Act every Obstructing Person who shall wilfully do or cause to be done any Carriages, 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.

Railway

trespassing

16....If any Person shall wilfully obstruct or impede obstructing any Officer or Agent of any Railway Company in the icers of Execution of his Duty upon any Railway, or upon or Company, or in any of the Stations or other Works or Premises con- upon Railnected 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.

way or

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