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fuse to quit the same upon Request to him made by any Officer or Agent of the said Company,—every such Person so offending, and all others aiding or assisting therein, shall and may be seized and detained by any such Officer or Agent, or any Person whom he may call to his Assistance, until such Offender or Offenders can
be conveniently taken before some Justice of the Peace procedure ; for the County or Place wherein such Offence shall be
committed, and when convicted before such Justice as aforesaid (who is hereby authorized and required, upon Complaint to him upon Oath, to take cognizance thereof, and to act summarily in the Premises,) shall, in the Discretion of such Justice, forfeit to Her Majesty any Sum not exceeding Five Pounds, and in default of Payment thereof shall or may be imprisoned for any Term not exceeding Two Calendar Months, such Imprisonment to be determined on Payment of the Amount
of the Penalty. Proceedings 17....No Proceeding to be had and taken in pursuinformality
, ance of this Act shall be quashed or vacated for Want norepimor- of Form, or be removed, by Certiorari or by any other
Writ or Process whatsoever, into any of Her Majesty's Courts of Record at Westminster or elsewhere, any Law or Statute to the contrary notwithstanding.
18. And whereas many Railway Companies are openings in bound, by the Provisions of the Acts of Parliament by Flanches of which they are incorporated or regulated, to make, at
the Expense of the Owner or Occupier of Lands adSpecial Acts joining the Railway, Openings in the Ledges or empowering Flanches thereof, (except at certain Places on such docido Dis Railway in the said Acts specified), for effecting Comproper Places munications between such Railway and any
or Branch Railway to be laid down over such Lands, and any Disagreement or Difference which shall arise as to the proper Places for making any such Openings in the Ledges or Flanches is by such Acts directed to be referred to the Decision of any two Justices of the Peace within their respective Jurisdictions: And whereas
not void for
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or Difference as to the proper Places for any such Openings in the Ledges or Flanches of any Railway, should be repealed; be it therefore enacted, That so much of every such Clause, Provision, and Enactment as aforesaid shall be repealed.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 tormine such Persons, and any Railway Company, as to the proper 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 fito; 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 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, Irade 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
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. • See further, in 8 12 of 5 & 6 Vic. c. 55 (IV. 12). See subseqnent provision in act of 1851; § 3 of 14 & 15 Vic. c. 64, (XIII. 3.).
be delivered or sent by
Notice, &c., on Railway
21.... Wherever the Word “Railway" is used in this
Act, it shall be construed to extend to all Railways conRailway;"
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
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 Commenco. 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 Provisions of this Act.
3. And whereas by the said recited Act it is enacted Trade before that after Two Months from the passing of the said a 3 & 4 Vic. c. 97; (p. 17).
b See note in p. 1. of 1 of 3 & 4 Vic. c. 97; (III, 1, p. 17).
ecited Act, no Railway, or Portion of any Railway, opening of a hall be open for the public Conveyance of Passengers repeal of pror Goods, until One Calendar Month after Notice in previous act. Vriting of the Intention of opening the same shall have een given, by the Company to whom such Railway hall belong, to the Lords of the Committee of Her lajesty's Privy Council appointed for Trade and 'oreign Plantations: And whereas by the said recited Ict it is also enacted", that if any Railway or Portion f any Railway shall be opened without due Notice as foresaid, the Company to whom such Railway shall elong shall forfeit to Her Majesty the Sum of Twenty 'ounds for every Day during which the same shall ontinue open, until the Expiration of One Calendar lonth after the Company shall have given the like otice as is herein-before required before the opening the Railway, and any such Penalty may be recovered
any of Her Majesty's Courts of Record: Be it lacted, That the said recited Provisions of the said ct shall be and they are hereby repealed. 4....No Railway or Portion of any Railway shall be Notices to vened for the public Conveyance of Passengers until Trade before ne Calendar Month after Notice in Writing of the mining of tention of opening the same shall have been given, by One Month's e Company to whom such Railway shall belong, to tention to e Lords of the Committee of Her Majesty's Privy puncil appointed for Trade and Foreign Plantations, d until Ten Days after Notice in Writing shall have Ten Days' en given by the said Company to the Lords of the notion of id Committee of the Time when the said Railway or for inspecortion of Railway will be, in their Opinion, sufficiently mpleted for the safe Conveyance of Passengers, and idy for Inspection. 5....If any Railway or Portion of any Railway shall Penalty for
opening Rail opened without such Notice as aforesaid, the Com
Notice, £20 32 of 3 & 4 Vic.c. 97; (III.2,p.17). bu Hereinbefore":1.e. in previous act.
per day. * Notice;" sic : see $ 4, requiring two notices, one of a month, one of ten by 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.
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 oified;
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 postpone 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 trary to order any such Railway, or any Portion thereof, shall be Trade, £20 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
Scotland : Provided always, that no such Order as not binding
aforesaid shall be binding upon any Railway Company spector's Report.
for Ono Month at a time:
• “Notices;" sic : see note e in p. 27.
without a Copy of In.