unless therewith shall be delivered to the said Company a Copy of the Report of the Officer or Officers on which such Order shall be founded. Accidents to to Board of under 7....Every Railway Company shall within Forty-eight Serious Hours after the Occurrence upon the Railway belong- be reported ing to such Company of any Accident attended with Trade, within serious personal Injury to the Public using the same, 48 hours; give Notice thereof to the Lords of the said Committee; Penalty for and if any Company shall wilfully omit to give such neglect. Notice every such Company shall forfeit to Her Majesty the Sum of Five Pounds for every Day during which the Omission to give the same shall continue; 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. Trade may turns of Form to be 8.... The Lords of the said Committee may order and Board of direct any Railway Company to make up and deliver to require Rethem Returns of serious Accidents occurring in the accidents, in course of the public Traffic upon the Railway belonging prescribed by to such Company, whether attended with personal them: Injury or not, in such Form and Manner as the Lords of the said Committee shall deem necessary and require for their Information with a view to the public Safety; and if any such Returns shall not be so delivered within Fourteen Days after the same shall have been required, Penalty for every such Company shall forfeit to Her Majesty the Sum of Five Pounds for every Day during which the said Company shall neglect to deliver the same; and every such Penalty may be recovered in any of Her Majesty's Courts of Record, or in the Courts of Session or in any of the Sheriffs Courts in Scotland: Provided Returns of always, that all such Returns shall be privileged Com- privileged, munications, and shall not be Evidence in any Court dence. whatsoever. omission. accidents and not evi level Cross 9. And whereas by an Act passed in the Second and Gates at Third Years of Her present Majesty, and intituled An ings over Act to amend an Act of the Fifth and Sixth Years of P His late Majesty King William the Fourth relating to Highways public roads; Act: special Acts. Highways, it was enacted," that whenever a Railway crosses or shall hereafter cross any Turnpike Road, or any other Highway or Statute Labour Road for Carts or Carriages in Great Britain, the Proprietors or Directors of the said Railway shall make and maintain good and sufficient Gates across each End of such Turnpike or other Road at each End of the said Crossings, and shall employ good and proper Persons to open and shut such Gates, so that the Persons, Carts, or Carriages passing along such Turnpike or other Road shall not be exposed to any Danger or Damage by the passing of Provisions of any Carriages or Engines along the said Railway: And whereas by the Acts relating to certain Railways it is provided that such Gates shall be kept constantly closed across the Railway, except during the Time when Carriages or Engines passing along the Railway shall have Gates at level to cross such Turnpike or other Road: And whereas Experience has shown that it is more conducive to Safety that such Gates should be kept closed across the Turnpike or other Road instead of across the Railway: Be it therefore enacted, That, notwithstanding anything to the contrary contained in any Act of Parliament heretofore passed, such Gates shall be kept constantly closed across each End of such Turnpike or other Roads, in lieu of across the Railway, except during the Time when Horses, Cattle, Carts, or Carriages passing along such Turnpike or other Road shall have to cross such Railway; and such Gates shall be of such Dimensions and so constructed as, when closed across the Ends of such Turnpike or other Roads, to fence in the Railway, and prevent Cattle or Horses passing along the Road from entering upon the Railway while the Gates are closed: Provided always, that it shall be lawful for the Lords of the said Committee, in any Case in which they are satisfied that it will be more conducive for the public Safety that the Gates at any level Crossing over any Crossings over publio roads, to be across such kept closed roads, and not acros8 the railway. Proviso; Board of Trade may order gates across Rail to be closed way. a * 2 & 3 Vic. c. 45, § 1 (II. 1, p. 15, 16). b Sic: to? such Turnpike or other Road should be kept closed across the Railway, to order and direct that such Gates shall be kept so closed, instead of across the Road; and such Order of the Lords of the said Committee shall be a sufficient Authority for the Directors or Proprietors of any Railway Company to whom such Order is addressed for keeping such Gates closed, in the Manner directed by the Lords of the said Committee." erected and Companies whole of 10. And whereas it is expedient that further Provi- Fenees to be sion be made for the Safety of the Public in respect of maintained the Fences of Railways: Be it enacted, That all Rail- by Railway way Companies shall be under the same Liability of over the Obligation to erect, and to maintain and repair, good their lines. and sufficient Fences throughout the whole of their respective Lines, as they would have been if every Part of such Fences had been originally ordered to be made under an Order of Justices by virtue of the Provisions to that Effect in the Acts of Parliament relating to such Railways respectively." Line of Rails Companies: 11.... Where Two or more Railway Companies whose common Railways have a common Terminus or a Portion of the Terminus or same Line of Rails in common, or which form separate for different Portions of One continued Line of Railway Communication, shall not be able to agree upon Arrangements for conducting at such common Terminus, or at the Point of Junction between them, their joint Traffic with Board of Safety to the Public, it shall be lawful for the Lords of Trade may the said Committee, upon the Application of either of putes as the Parties, to decide the Questions in dispute between them, so far as the same relate to the Safety of the Public, and to order and determine whether the whole or what Proportion of the Expenses attending on such Arrangements shall be borne by either of the Parties respectively; and if any Railway Company shall refuse • Further provision as to closing of Gates at Level Crossings, in the Railways Clauses Consolidation Act, 1845; 8 Vic. c. 20, § 47 (VIÏ. 47). bie., in the special Acts. Further provisions as to Fences in subsequent general act of 1845, Railway Clauses Consolidation Act, (VII. 50, 61-2, 65, 68). decide dis working Joint Traffic in such cases, on applica tion of one of the parties: Order of Trade bind ing, under Penalties, £20 a day. Powers of vate Branch tion with or ways, and of thereon, to regulation by Board of Trade. per or wilfully neglect to obey any such Order made upon or against such Company by the Lords of the said Committee pursuant to this Provision, such Company shall forfeit to Her Majesty the Sum of Twenty Pounds Day for every Day during which such Refusal or Neglect shall continue; 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. 12. And whereas Powers of laying down Branch making pr. Lines opening into the Ledges or Flanches of Main Lines Communica of Railway", and of entering upon and passing along such across Rail- Main Lines with Carriages and Waggons drawn by Lorunning car comotive Engines, or by other mechanical or animal riages, &c., Power, and also Powers to form Roads or Railways across be subject to existing Railways on a Level, have been given by various Acts relative to Railways to the Owners or Occupiers of Lands adjoining the Railway, and to other Persons with their Consent: And whereas Experience has shown that the Exercise of such Powers without Limitation would in many Cases be attended with Danger to the Public using such Railway: Be it therefore enacted, That if, in the Case of any Railway on which Passengers are conveyed by Steam or other mechanical Power, it shall appear to the Lords of the said Committee that such Power as aforesaid cannot be so exercised without seriously endangering the public Safety, and that an Arrangement may be made with a due Regard to existing Rights of Property, it shall be lawful for the Lords of the said Committee to order and direct that such Powers shall only be exercised subject to such Conditions as the Lords of the said Committee shall direct: Provided always, that no Railway shall be considered a Passenger Railway if Two Thirds or more of the gross annual Revenue of such Railway shall be derived from the Carriage thereon of Coals, Ironstone, or other Metals or Minerals. Proviso; what to be considered a Passenger Railway. And see § 18, 19 of 3 & 4 Vic. c. 97 (III. 18, 19). See further as to private branch Railways, in § 76 of Railways Clauses Consolidation Act, 8 Vic. c. 20 (VII. 76). ings: Trade may of Bridges, gerous level 13. And whereas in many Cases, Railways have been Level Crossmade to cross Turnpike Roads, Highways, and private Roads and Tramways on the Level, and the Companies to whom such Railways belong would in some Cases be willing, at their own Expense, to carry such Roads and Tramways over or under such Railways by means of a Bridge or Archway for the greater Safety of the Public, but have no Authority so to do: And whereas it would Board of promote the public Safety if Railway Companies were authorize enabled, under the Sanction and Authority of the Lords bitution of the said Committee, to substitute Bridges or Arch- &c., for danways for such level Crossings as aforesaid: Be it there- crossings. fore enacted, That in all Cases where any Railway Company shall be willing, at their own Expense, to carry any Turnpike Road, Highway, or private Road or Tramway over or under their Railway by means of a Bridge or Arch, in lieu of crossing the same on the Level, it shall be lawful for the Lords of the said Committee, on the Application of the said Company, and after hearing the several Parties interested, if it shall appear to the Lords of the said Committee that such level Crossing endangers the public Safety, and that the Proposal of the Company does not involve any Violation of existing Rights or Interests without adequate Compensation, to give the said Company full Power and Authority for removing the Danger, at their own Expense, either by building a Bridge or by such other Arrangement as the Nature of the Case shall require, subject to such Conditions as the Lords of the said Committee shall direct. accident or Board of 14. And whereas it is essential for the public Safety, In case of and also for the proper Maintenance of Railways in a slips in cutState of Efficiency for the public Service, that Railway tings, &c., Companies should have the Power, in case of Accidents Trade may or Slips happening or being apprehended to their Cut- Railway tings and Embankments or other Works, to enter upon to enter upon the Lands adjoining their respective Railways, for the adjoining Purpose of repairing or renewing the same, and to do pair same. such Works as may be necessary for the Purpose: Be D Companies Lands to re |