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summary procedure ;
fuse to quit the same upon Request to him made any Officer or Agent of the said Company,-every sa Person so offending, and all others aiding or assista therein, shall and may be seized and detained bu such Officer or Agent, or any person whom he mara to his Assistance, until such Offender or Offenders a be conveniently taken before some Justice of the Pal for the County or Place wherein such Offence shal committed, and when convicted before such Justie aforesaid (who is hereby authorized and required, u: Complaint to him upon Oath, to take cognizance there and to act summarily in the Premises,) shall, in Discretion of such Justice, forfeit to Her Majesty # Sum not exceeding Five Pounds, and in default Payment thereof shall or may be imprisoned for : Term not exceeding Two Calendar Months, such In sonment to be determined on Payment of the Ana of the Penalty.
17....No Proceeding to be had and taken in per informality, ance of this Act shall be quashed or vacated for Wa or of Form, or be removed, by Certiorari or by any do
Writ or Process whatsoever, into any of Her Maje
or Statute to the contrary notwithstanding. Branches and 18. And whereas many Railway Companies & Peninge inbound, by the Provisions of the Acts of Parliament Planches of which they are incorporated or regulated, to make Repeal of the Expense of the Owner or Occupier of Lands Special Acts joining the Railway, Openings in the Ledges empowering Flanches thereof, (except at certain Places on si docide Dis- Railway in the said Acts specified), for effecting (1 proper Places munications between such Railway and any Colla:
or Branch Railway to be laid down over such L. and any Disagreement or Difference which shall a as to the proper Places for making any such Openis in the Ledges or Flanches is by such Acts directed be referred to the Decision of any two Justices of: Peace within their respective Jurisdictions: And wher
Proceedings not void for
nor removable into Superior Courts.
onitor Process removed, by Card or vacated to per
openings in Ledges or
provisions in Special Acts
putes as to
for such openings.
Trade to de
it is expedient that so much of every Clause, Provision, and Enactment in any Act of Parliament heretofore passed, as gives to any Justice or Justices the Power of hearing or deciding upon any such Disagreement or Difference as to the proper Places for any such Openings in the Ledges or Flanches of any Railway, should be repealed; be it therefore enacted, That so much of every such Clause, Provision, and Enactment as aforesaid shall be repealed.
19.... In case any Disagreement or Difference shall Board of arise between any such Owner or Occupier, or other termino such Persons, and any Railway Company, as to the proper Puter Places for any such Openings in the Ledges or Flanches of any Railway (except at such Places as aforesaid), for the Purpose of such Communication, then the same shall be left to the Decision of the Lords of the said Committee, who are hereby empowered to hear and determine the same in such Way as they shall think fits; and their and their Determination shall be binding on all Parties. binding.
20....All Notices, Returns, and other Documents re- Notices, &c., quired by this Act to be given to or laid before the Trade may Lords of the said Committee, shall be delivered at or be sent by the Post to the Office of the Lords of the said post. Committee ; and all Notices, Appointments, Requisitions, Certificates, or other Documents in Writing, Documents signed by one of the Secretaries of the said Committee, Trade under or by some Officer appointed for that Purpose by the Signature of Lords of the said Committee, and purporting to be made by the Lords of the said Committee, shall, for the Purposes of this Act, be deemed to have been made by the Lords of the said Committee"; and Service of the same Service of upon any One or more of the Directors of any Railway on Railway Company, or on the Secretary or Clerk of the said Com- Company. pany, or by leaving the same with the Clerk or Officer at one of the Stations belonging to the said Company, shall be deemed good Service upon the said Company.
to Board of
be delivered or sent by
of Board of
. See further, in 12 of 5 & 6 Vic. c. 65 (IV. 12).
See subseqnent provision in act of 1851 ; § 3 of 14 & 15 Vio. c. 64, (XIII. 3.).
Interpreta- 21.... Wherever the Word “Railway" is used in this way. Act, it shall be construed to extend to all Railways con
structed under the Powers of any Act of Parliament, and intended for the Conveyance of Passengers in or upon Carriages drawn or impelled by the Power of
Steam or by any other mechanical Power; and wher“Company.” ever the Word “Company" is used in this Act, it shall
be construed to extend to and include the Proprietors
for the Time being of any such Railway, whether a Individuals ; Body Corporate or Individuals, and their Lessees, Exe
cutors, Administrators, and Assigns, unless the Subject or Context be repugnant to such Construction.
IV.-RAILWAYS REGULATION ACT, 1842.
5 & 6 Vict. Cap. 55. An Act for the better Regulation of Railways, and for the Conveyance of Troops.
[30th July, 1842.]
ment of Act.
3 & 4 Vict. WHEREAS by an Act passed in the Third and Fourth c. 97.
Years of the Reign of Her present Majesty, intituled An Act for regulating Railways“, Provision was made for the Supervision of Railways: And whereas it is
expedient for the Safety of the Public to make further Commence.. Provision for that Purpose: Be it enacted.... That this
" Act shall come into Operation on the passing thereof. Recited Act 2.... The Provisions of the said recited Act and of be construed this Act shall be construed together as One Act, except
so far as the Provisions of the said recited Act are hereby repealed, or shall be inconsistent with the Pro
visions of this Act. Notice to 3. And whereas by the said recited Act it is enacted, Trade before that after Two Months from the passing of the said * 3 & 4 Vic. c. 97 ; (p. 17).
See note in p. 1. • § 1 of 3 & 4 Vic. c. 97; (III. 1, p. 17).
and this to
recited Act, no Railway, or Portion of any Railway, opening of a shall be open for the public Conveyance of Passengers repoal of proor Goods, until One Calendar Month after Notice in previous act. Writing of the Intention of opening the same shall have been given, by the Company to whom such Railway shall belong, to the Lords of the Committee of Her Majesty's Privy Council appointed for Trade and Foreign Plantations: And whereas by the said recited Act it is also enacted, that if any Railway or Portion of any Railway shall be opened without due Notice as aforesaid, the Company to whom such Railway shall belong shall forfeit to Her Majesty the Sum of Twenty Pounds for every Day during which the same shall continue open, until the Expiration of One Calendar Month after the Company shall have given the like Notice as is herein-before required before the opening of the Railway, and any such Penalty may be recovered in any of Her Majesty's Courts of Record: Be it enacted, That the said recited Provisions of the said Act shall be and they are hereby repealed.
4....No Railway or Portion of any Railway shall be Notices to opened for the public Conveyance of Passengers until Trade before One Calendar Month after Notice in Writing of the Intention of opening the same shall have been given, by One Month's the Company to whom such Railway shall belong, to tention to the Lords of the Committee of Her Majesty's Privyo Council appointed for Trade and Foreign Plantations, and until Ten Days after Notice in Writing shall have Ten Days been given by the said Company to the Lords of the completio said Committee of the Time when the said Railway or for inspecPortion of Railway will be, in their Opinion, sufficiently completed for the safe Conveyance of Passengers, and ready for Inspection.
5.... If any Railway or Portion of any Railway shall Penalty for be opened without such Notice as aforesaid, the Com- way without
opening of Railway; One Month's notice of in
per day. *82 of 3 & 4 Vic.c. 97; (III.2,p.17). b« Hereinbefore”: i.e. in previous act.
" Notice;" sic : see § 4, requiring two notices, one of a month, one of ten dayı, before opening.
pany to whom such Railway shall belong shall forfeit to Her Majesty the Suin of Twenty Pounds for every Day during which the same shall continue open until the said Notices shall have been duly given and shall have expired; and every such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the Court
of Session or in any of the Sheriffs Courts in Scotland. Board of 6.... If the Officer or Officers appointed by the Lords postpone the of the said Committee to inspect any such Railway or opening; on Portion of Railway shall, after Inspection thereof, Inspector on report in Writing to the Lords of the said Committee
that, in his or their Opinion, the opening of the same would be attended with Danger to the Public using the same, by reason of the Incompleteness of the Works or permanent Way, or the Insufficiency of the Establishment for working such Railway, together with the Grounds of such Opinion, it shall be lawful for the Lords of the said Committee, and so from Time to Time, as often as such Officers shall after further Inspection thereof so report, to order and direct the
Company to whom such Railway shall belong, to postfor Ono pone such opening for any Period not exceeding One
Calendar Month at any one Time, until it shall appear
to the Lords of the said Committee that such opening Penalty for may take place without Danger to the Public; and if Crary to order any such Railway, or any Portion thereof, shall be
of opened contrary to any such Order and Direction of
the Lords of the said Committee, the Company to whom such Railway shall belong shall forfeit to Her Majesty the Sum of Twenty Pounds for every Day during which the same shall continue open contrary to such Order and Direction; and any such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the
Court of Session or in any of the Sheriffs Courts in But order. Scotland: Provided always, that no such Order as without a aforesaid shall be binding upon any Railway Company
Month at a time:
not binding without a Copy of Inspector's Report.
* "Notices;" sic : see note e in p. 27.