summary 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 Ŏath, 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. Penalties. Proceedings not void for 17....No Proceeding to be had and taken in pursuinformality, ance of this Act shall be quashed or vacated for Want 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. nor removable into Superior Courts. Branches and Ledges or Railways: Repeal of provisions in Justices to 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 decide Dis- Railway in the said Acts specified), for effecting Comproper Places munications between such Railway and any Collateral 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 putes as to for such openings. 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. Trade to de Disputes in to Board of be delivered 19....In case any Disagreement or Difference shall Board of arise between any such Owner or Occupier, or other termine such Persons, and any Railway Company, as to the proper future; 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 fit; 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 or sent by 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 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 § 12 of 5 & 6 Vic. c. 55 (IV. 12). See subsequent provision in act of 1851; § 3 of 14 & 15 Vic. c. 64, (XIII. 3.). of Board of Officers Notice, &c., on Railway Interpreta- 21.... Wherever the Word "Railway" is used in this Act, it shall be construed to extend to all Railways constructed 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, Executors, Administrators, and Assigns, unless the Subject or Context be repugnant to such Construction. Lessces. c. 97. 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.] 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 Commence- Provision for that Purpose: Be it enacted"....That this ment of Act. Act shall come into Operation on the passing thereof. Recited Act and this to together. 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. 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 'Railway: visions of previous act. recited Act, no Railway, or Portion of any Railway, opening of a shall be open for the public Conveyance of Passengers repeal of proor Goods, until One Calendar Month after Notice in 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. Board of Railway; notice of in open; 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 ping of 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 Privy 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 notice of said Committee of the Time when the said Railway or Portion of Railway will be, in their Opinion, sufficiently completed for the safe Conveyance of Passengers, and ready for Inspection. completion for inspection, &c. 5... If any Railway or Portion of any Railway shall Penalty for be opened without such Notice as aforesaid, the Com-way without *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 days, before opening. opening Rail Notice, £20 per day. Board of report of grounds spe pany 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 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 of Board 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 Scotland: Provided always, that no such Order as aforesaid shall be binding upon any Railway Company for One Month at a time: opening con Trade, £20 a day: But order not binding without a Copy of Inspector's Report. "Notices;" sic: see note in p. 27. |