any goods conveyed or to be conveyed by such carriage, respecting the weight, quantity, quality, or nature of such goods, such collector or other officer may lawfully detain such carriage or goods, and examine, weigh, gauge, or otherwise measure the same; and if, upon such measuring or examination, such goods appear to be of greater weight or quantity, or of other nature than shall have been stated in the account given thereof, then the person who shall have given such account shall pay, and the owner of such carriage, or the respective owners of such goods, shall also, at the option of the company, be liable to pay the costs of such measuring and examining; but, if such goods appear to be of the same or less weight or quantity than, and of the same nature as, shall have been stated in such account, then the company shall pay such costs, and they shall also pay to such owner of or person having charge of such carriage, and to the respective owners of such goods, such damage (if any) as shall appear to any justice, on a summary application to him for that purpose, to have arisen from such detention. CII. If at any time it be made to appear to any justice, upon the complaint of the company, that any such detention, measuring, or examining of any carriage or goods, as hereinbefore mentioned, was without reasonable ground, or that it was vexatious on the part of such collector or other officer, then the collector or other officer shall himself pay the costs of such detention and measuring, and the damage occasioned thereby; and, in default of immediate payment of any such costs or damage, the same may be recovered by distress of the goods of such collector, and such justice shall issue his warrant accordingly. APPENDIX. STATUTES. Clauses Consolidation Act. The Railways' Toll-collector to be liable for wrongful deten tion of goods. Penalty on pasfrauds on the company. sengers practising offenders. CIII. If any person travel, or attempt to travel, in any carriage of the company, or of any other company or party using the railway, without having previously paid his fare, and with intent to avoid payment thereof, or if any person, having paid his fare for a certain distance, knowingly and wilfully proceed in any such carriage bevond such distance, without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect, on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall for every such offence forfeit to the company a sum not exceeding forty shillings. CIV. If any person be discovered, either in or after committing or Detention of attempting to commit any such offence as in the preceding enactment mentioned, all officers and servants and other persons on behalf of the company, or such other company or party as aforesaid, and all constables, gaolers, and peace officers, may lawfully apprehend and detain such person until he can conveniently be taken before some justice, or until he be otherwise discharged by due course of law. CV. No person shall be entitled to carry, or to require the company to carry, upon the railway, any aquafortis, oil of vitriol, gunpowder, lucifer matches, or any other goods which, in the judgment way. of the company, may be of a dangerous nature; and if any person send by the railway any such goods, without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the book-keeper or other servant of the company with whom the same are left, at the time of so sending, he shall forfeit to the company twenty pounds for every such offence; and it shall be lawful for the company to refuse to Penalty for bringing dangerous goods on the rail APPENDIX. STATUTES. The Railways' Clauses Consolidation Act. Delivery of matters in possession collector at take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact. CVI. If any collector of tolls, or other officer employed by the company, be discharged or suspended from his office, or die, abscond, or absent himself, and if such collector or other officer, or the wife, widow, or any of the family or representatives of any such collector or other officer, refuse or neglect, after seven days' notice in writing for that purpose, to deliver up to the company, or to any person apor custody of toll- pointed by them for that purpose, any station, dwelling-house, office, or other building, with its appurtenances, or any books, papers, or other matters belonging to the company in the possession or custody of any such collector or officer at the occurrence of any such event as aforesaid, then, upon application being made by the company to any justice, it shall be lawful for such justice to order any constable, with proper assistance, to enter upon such station or other building, and to remove any person found therein, and to take possession thereof, and of any such books, papers, or other matters, and to deliver the same to the company, or any person appointed by them for that purpose. removal. Annual account to be made up, and a copy transmitted peace, &c. CVII. And be it enacted, That the company shall every year cause an annual account in abstract to be prepared, shewing the total to the clerk of the receipts and expenditure of all funds levied by virtue of this or the special act for the year ending on the thirty-first day of December, or some other convenient day in each year, under the several distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified by the directors, or some of them, and by the auditors, and shall, if required, transmit a copy of the said account, free of charge, to the overseers of the poor of the several parishes through which the railway shall pass, and also to the clerks of the peace of the counties through which the railway shall pass, on or before the thirty-first day of January then next; which last-mentioned account shall be open to the inspection of the public at all seasonable hours, on payment of the sum of one shilling for every such inspection: Provided always, that, if the said company shall omit to prepare or transmit such account as aforesaid, if required so to do by any such clerk of the peace or overseers of the poor, they shall forfeit for every such omission the sum of twenty pounds. Bye-Laws. --- Company to regulate the use of the railway. And with respect to the regulating of the use of the railway, be it enacted as follows: CVIII. It shall be lawful for the company, from time to time, subject to the provisions and restrictions in this and the special act contained, to make regulations for the following purposes: (that is to say), For regulating the mode by which, and the speed at which, carriages using the railway are to be moved or propelled; For regulating the times of the arrival and departure of any such carriages; For regulating the loading or unloading of such carriages, and the weights which they are respectively to carry; For regulating the receipt and delivery of goods and other things which are to be conveyed upon such carriages; For preventing the smoking of tobacco, and the commission of any other nuisance in or upon such carriages, or in any of the stations or premises occupied by the company; And, generally, for regulating the travelling upon, or using and working of the railway: APPENDIX. STATUTES. The Railways' But no such regulation shall authorize the closing of the railway, or CIX. For better enforcing the observance of all or any of such regulations, it shall be lawful for the company, subject to the provisions of an act passed in the fourth year of the reign of her present Majesty, intituled " An Act for regulating Railways," to make byelaws, and from time to time to repeal or alter such bye-laws, and make others, provided that such bye-laws be not repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special act; and such byelaws shall be reduced into writing, and shall have affixed thereto the common seal of the company; and any person offending against any such bye-law shall forfeit for every such offence any sum not exceeding five pounds, to be imposed by the company in such bye-laws as a penalty for any such offence; and if the infraction or non-observance of any such bye-law, or other such regulation as aforesaid, be attended with danger or annoyance to the public, or hindrance to the company in the lawful use of the railway, it shall be lawful for the company summarily to interfere to obviate or remove such danger, annoyance, or hindrance, and that without prejudice to any penalty incurred by the infraction of any such bye-law. CX. The substance of such last-mentioned bye-laws, when confirmed or allowed according to the provisions of any act in force regulating the allowance or confirmation of the same, shall be painted on boards, or printed on paper and pasted on boards, and hung up and affixed and continued on the front or other conspicuous part of every wharf or station belonging to the company, according to the nature or subject-matter of such bye-laws respectively, and so as to give public notice thereof to the parties interested therein or affected thereby; and such boards shall from time to time be renewed, as often as the bye-laws thereon, or any part thereof, shall be obliterated or destroyed; and no penalty imposed by any such bye-law shall be recoverable, unless the same shall have been published and kept published in manner aforesaid. CXI. Such bye-laws, when so confirmed, published, and affixed, shall be binding upon, and be observed by, all parties, and shall be sufficient to justify all persons acting under the same; and, for proof of the publication of any such bye-laws, it shall be sufficient to prove that a printed paper or painted board, containing a copy of such bye-laws, was affixed and continued in manner by this act directed; and in case of its being afterwards displaced or damaged, then that such paper or board was replaced as soon as conveniently might be. - Power to make regulations by bye laws. 3 & 4 Vict. c. 97. Publication of such bye-laws. Such bye-laws to be binding on all parties. Leasing of Rail way. And with respect to leasing the railway, be it enacted as follows:CXII. Where the company shall be authorized by the special act to lease the railway, or any part thereof, to any company or person, Exercise of power the lease to be executed in pursuance of such authority shall contain all usual and proper covenants on the part of the lessee for maintaining the railway, or the portion thereof comprised in such lease, to lease the railway. APPENDIX. STATUTES. The Railways' Clauses Consolidation Act. Powers vested in in good and efficient repair and working condition during the continuance thereof, and for so leaving the same at the expiration of the term thereby granted, and such other provisions, conditions, covenants, and agreements as are usually inserted in leases of a like nature. CXIII. Such lease shall entitle the company or person to whom the same shall be granted to the free use of the railway or portion of the company may railway comprised therein, and, during the continuance of any such be exercised by the lessees. lease, all the powers and privileges granted to, and which might otherwise be exercised and enjoyed by, the company, or the directors thereof, or their officers, agents, or servants, by virtue of this or the special act, with regard to the possession, enjoyment, and management of the railway, or of the part thereof comprised in such lease, and the tolls to be taken thereon, shall be exercised and enjoyed by the lessee, and the officers and servants of such lessee, under the same regulations and restrictions as are by this or the special act imposed on the company, and their directors, officers, and servants; and such lessee shall, with respect to the railway comprised in such lease, be subject to all the obligations by this or the special act imposed on the company. Carriages and Engines to con And with respect to the engines and carriages to be brought on the railway, be it enacted as follows: CXIV. Every locomotive steam-engine to be used on the railway sume their smoke. shall, if it use coal or other similar fuel emitting smoke, be constructed on the principle of consuming, and so as to consume, its own smoke; and if any engine be not so constructed, the company or party using such engine shall forfeit five pounds for every day during which such engine shall be used on the railway. Engines to be approved by the company, and certificate of approval given. Unfit engines to be removed. Penalty for using CXV. No locomotive or other engine, or other description of moving power, shall at any time be brought upon, or used on, the railway, unless the same have first been approved of by the company; and within fourteen days after notice given to the company by any party desirous of bringing any such engine on the railway, the company shall cause their engineer or other agent to examine such engine at any place within three miles' distance from the railway, to be appointed by the owner thereof, and to report thereon to the company; and within seven days after such report, if such engine be proper to be used on the railway, the company shall give a certificate to the party requiring the same of their approval of such engine; and if at any time the engineer or other agent of the company report that any engine used upon the railway is out of repair, or unfit to be used upon the railway, the company may require the same to be taken off, or may forbid its use upon the railway until the same shall have been repaired to the satisfaction of the company, and, upon the engine being so repaired, the company shall give a certificate to the party requiring the same of their approval of such engine; and if any difference of opinion arise between the company and the owner of any such engine as to the fitness or unfitness thereof, for the purpose of being used on the railway, such difference shall be settled by arbitration. CXVI. If any person, whether the owner or other person having improper engines. the care thereof, bring or use upon the railway any locomotive or other engine, or any moving power, without having first obtained such certificate of approval as aforesaid, or if, after notice given by APPENDIX. STATUTES. The Railways' the company to remove any such engine from the railway, such per- CXVII. No carriage shall pass along, or be upon, the railway, (except in directly crossing the same, as herein or by the special act authorized), unless such carriage be at all times, so long as it shall be used or shall remain on the railway, of the construction and in the condition which the regulations of the company for the time being shall require; and if any dispute arise between the company and the owner of any such carriage as to the construction or condition thereof, in reference to the then existing regulations of the company, such dispute shall be settled by arbitration. CXVIII. The regulations from time to time to be made by the company respecting the carriages to be used on the railway shall be drawn up in writing, and be authenticated by the common seal of the company, and shall be applicable alike to the carriages of the company and to the carriages of other companies or persons using the railway; and a copy of such regulations shall, on demand, be furnished by the secretary of the company to any person applying for the same. CXIX. If any carriage, not being of such construction or in such condition as the regulations of the company for the time being require, be made to pass or be upon any part of the railway, (except as aforesaid), the owner thereof, or any person having for the time being the charge of such carriage, shall forfeit to the company a sum not exceeding ten pounds for every such offence, and it shall be lawful for the company to remove any such carriage from the railway. CXX. The respective owners of carriages using the railway shall cause to be entered with the secretary or other officer of the company appointed for that purpose the names and places of abode of the owners of such carriages respectively, and the numbers, weights, and gauges of their respective carriages; and such owners shall also, if so required by the company, cause the same particulars to be painted in legible characters on some conspicuous part of the outside of every such carriage, so as to be always open to view; and every such owner shall, whenever required by the company, permit his carriage to be weighed, measured, or gauged at the expense of the company. CXXI. If the owner of any carriage fail to comply with the requisitions contained in the preceding enactment, it shall be lawful for the company to refuse to allow such carriage to be brought upon the railway, or to remove the same therefrom until such compliance. CXXII. If the loading of any carriage using the railway be such as to be liable to collision with other carriages properly loaded, or to be otherwise dangerous, or if the person having the care of any carriage or goods upon the railway suffer the same or any part thereof to remain on the railway so as to obstruct the passage or working Carriages to be cording to company's regulations. constructed ac Regulations to apply also to com pany's carriages. Penalty for using improper car riages. Owner's name, &c. to be registered, and exhibited on carriages. On non-compli ance, carriage may be removed. Carriages improperly loaded, or struct the road, may be unloaded suffered to ob or removed. |