1S40.] 



THE CIVIL ENGINEER AND ARCHITECT'S JOURNAL. 



381 



AN ACT FOR REGULATIXG RAILWAYS. 



PASSED AUGUST 10, 1840. 



.Vo railway to be opened without notice to the Board of Trade. — Wliereas 

 it is exjiedient for the safety of the public to provide for tlie due supervision 

 of railways : be it therefore enacted by the Queen's most excellent Majesty, 

 by and with tlie advice and consent of the Lords spiritual and temporal, and 

 Commons, in this present Parliament assembled, and by the authority of the 

 same, that, after two mouths from the passing of this Act, no railway, or 

 portion of any railway, shall be opened for the public conveyance of passen- 

 gers or goods until one calendar month after notice in writing of the intention 

 of opening the same shall have lieen given, by the Company to whom such 

 railway shall lielong, to the Lords of the Committee of Her Majesty's Privy 

 Council appointed for trade and foreign plantations. 



Penalty /by opening railways without notice. — And be it 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 20/. for every day during which the same shall con- 

 tinue open, until the expiration of one calendar month after the Company 

 shall have given the like notice as is liereiu-before required before the opening 

 of the railway ; and any such penalty may be recovered iu any of her Jla- 

 jesty's courts of record. 



Returns to be made by railway companies. — And be it enacted, that the 

 lords of the said committee may order and direct every railway company to 

 make up and deliver to them returns, according to a form to be provided by 

 the lords of the said committee, of the aggregate traffic in passengers, ac- 

 cording to the several classes, and of the aggregate trathc in cattle and goods 

 respectively, on the said railway, as well as of all accidents which shall have 

 occurred thereon, attended with personal injury, and also a table of all tolls, 

 rates, and charges from time to time levied on each class passengers, and on 

 cattle and goods conveyed on the said railway ; and if the returns herein 

 specified shall not be delivered within thirty days after the same shall have 

 been required, every such company shall forfeit to her Majesty the sum of 

 20/. for every day during which the said company shall wilfully neglect to 

 deliver the same ; and every such penalty may be recovered in any of her 

 Majesty's courts of record ; provided always, that such returns shall be re- 

 quired, in like manner and at the same time, from all the said companies, 

 unless the lords of the said committee shall specially exempt any of the said 

 companies, and shall enter the grounds of such exemption in the minutes of 

 their proceedings. 



Penalty /or makinrj/alse retunu. — And be it enacted, that every officer of 

 any company who shall wilfully make any false return to the lords of the said 

 committee shall be deemed guilty of a misdemeanor. 



Board 0/ trade may appoint persons to inspect railways. — .\nd be it 

 enacted, that it shall be lawful for tlie lords of the said committee, if and 

 when they sliall think tit, to authorize any proper person or persons to in- 

 spect any railway ; and it shall be lawful for every person so authorized, at 

 all reasonal)Ie times, upon jirodncirig his authority, if requh-ed, to enter upon 

 and examine the said railway, and the stations, works, and buildings, and the 

 engines and carriages belonging thereto ; provided always, that no person 

 shall be eligible to ttie appointment as in.^pector as a/oresaid who shall within 

 one year 0/ his appointment fiave been a director or have held any office 0/ 

 trust ar pro/t under any railway company. 



Penalty on persons obstructiny in.yiector. — And be it enacted, that every 

 person wilfully obstructing any person, duly authorized as aforesaid, in the 

 execution of his duty, shall, on co^^■iction before a justice of the peace having 

 jurisdiction in the |ilacc where the offence shall have been committed, forfeit 

 and pay for every such offence any sum not exceeding 10/.; and 011 default 

 of payment of any penalty so adjudged, immediately or within sucli time as 

 the said justice of the peace shall appoint, the same justice, or any other 

 justice having jurisdiction in the place where the offender shall l)e or reside, 

 may commit tlie otfcnder to prison for any period not exceeding three calen- 

 dar months, such commitment to be determined on payment of the amount 

 of the penalty ; and every sucli penalty shall be returned to the next ensuing 

 court of quarter sessions in the usual uianner. 



Copies 0/ existing bye-laws to be laid be/ore the board 0/ trade ; otherwise 

 to be ooid. — And whereas many railway companies are or may hereafter be 

 empowered by Act of Parliament to make bye-laws, orriei's, rules, or regu- 

 lations, and to impose penalties for the enforcement tliercof, upon persons 

 other than the servants of the said companies, and it is expedient that such 

 powers should he under proper control ; be it enacted, that true copies of all 

 such bye-laws, orders, rules, and regulations made under any such powers by 

 every such company before the passing of this Act, certific'd in such manner 

 as the lords of the said committee shall from time to time direct, shall, w ithin 

 two calendar months after the passing of this .\ct, be laid before the lords of 

 the said committee ; and that every such bye-law, order, rule, or regulation, 

 not so laid before the lorils of the said committee within the aforesaid period, 

 shall, from and after that period, cease to have any force or effect, saving in 

 so far as any penalty may have been then already incurred under the same. 



No/uture bye-laws to be valid till two calendar months a/ter they have 

 been laid be/ore the board 0/ trade. — And be it enacted, that no such bye- 

 law, order, rule, or regulation made inuler any such power, and which shall 

 not be iu. force at the time of the passing of this act, and no order, rule, or 

 regulation annulling any such existing bye-law, rule, order, or regulation 



which shall be made after the passing of this Act, shall have any force or 

 effect until two calendar months after a true copy of such bye-law, order, 

 rule, or regulation, certified as aforesaid, shall have been laid before the lords 

 of the said committee, unless the lords of the said committee shall, before 

 such period, signify their approbation fliereof. 



Board 0/ trade may disallow bye-laws. — And be it enacted, that it shall be 

 lawful for the lords of the said committee, at any time either before or after 

 any bye-law, order, rule, or regulation shall have been laid before them as 

 aforesaid shall have come into operation, to notify to the company who shall 

 have made the same tlieir disallowance thereof, and in case the same shall be 

 iu force at the time of such disallowance, the time at which the same shall 

 cease to be in force ; and no bye-law, order, rule, or regulation which shall 

 be so disallowed shall have any force or effect whatsoever, or, if it shall be in 

 force at the time of such disallowance, it shall cease to have any force or 

 effect in tlie time limited in the notice of such disallowance, saving in so far 

 as any penalty may have been then already incurred under the same. 



Provisions of Railway Acts requiring confirmation 0/ bye-lavs repealed. — • 

 .And be it enacted, that so much of every clause, provision, and enactment in 

 any Act of Parliament heretofore passed as may require the approval or con- 

 currence of any justice of the peace, court of quarter sessions, or other per- 

 son or persons, other than members of the said companies, to give validity 

 to any bye-laws, orders, rules, or regulations made liy any such company, 

 shall lie repealed. 



Board of trade may direct prosecutions to cn/orce provisions 0/ Railway 

 Jet. Notice to be given to the company. — And be it enacted, that whenever 

 it shall appear to the lords of the said committee that any of the provisions 

 of the several Acts of Parliament regulating any of the said companies, or tlie 

 provisions of this Act, have not been complied with on the part of any of the 

 said companies, or any of their officers, and that it would be for the public 

 advantage that the due jierformance of tlie same should be enforced, the 

 lords of the said committee shall certify the same to her Majesty's attorney- 

 general for England or Irelaad, or to tlie lord advocate for Scotland, as the 

 case may require ; and thereupon the said attorney-general or lord advocate 

 shall, by information, or by action, bill, plaint, suit at law or in equity, or 

 other legal proceeding, as the case may require, proceed to recover such 

 penalties and forfeitures, or otlierwise to enforce the due performance of the 

 said provisions, by such means as any person aggrieved by such non-com- 

 pliance, or otherwise authorized to sue for such penalties, might emplo)' 

 under the provisions of the said acts : provided always, that no such certifi- 

 cate as aforesaid shall be given by the lords of the said committee until 

 twenty-one days after they shall have given notice of their intention to give 

 the same to the company against or in relation to whom they shall intend to 

 give the same. 



Prosecutions to be under sanction 0/ board of trade, arul within one year 

 after the offence. — .And be it enacted, that no legal proceedings shall be 

 commenced under the authority of the lords of the said committee against 

 an> railway company for any offence against this act, or any of the several 

 Acts of Parliament relating to railways, except upon such certificates of the 

 lords of the said committee as aforesaid, and within one year after such 

 offence shall have been committed. 



Puuisliment of servants of railway companies guilty 0/ misconduct. — And 

 be it enacted, that it shall be lawful for any officer or agent of any railway 

 company, or for any special constable duly appointed, and all such persons 

 as they may call to their assistance, to seize and detain any eneiue-ilriver, 

 guard, porter, or other servant in the employ of such company, who shall be 

 found drunk while employed upon the railway, or commit any offence against 

 any of the bye laws, rules, or regulations of such company, or shall wilfully, 

 maliciously, or negligently do or omit to do any act whereby tlie life or hmb 

 of any per^on passing along, or being upon the railway belonging to such 

 company, or the works thereof respectively, shall be, or might be injured or 

 eiiilangered, or whereby the passage of any of the engines, carriages, or trains 

 shall be or might be obstructed or impeded, and to convey such engine- 

 driver, guard, porter, or other servant so offeuding, or any person counselling, 

 aiding, or assisting in such offence, with all convenient despatch, before some 

 justice of the peace for the place within which such offence shall be com- 

 mitted, without any other warrant or authority than this act; and every such 

 person so offending, and every person counselling, aiding, or assisting therein 

 as aforesaid, shall, when convicted before such justice as aforesaid, (who is 

 hereby authorised and required upon complaint to him made, upon oath, 

 without information in writing, to take cognizance thereof, and to act sum- 

 marily iu the premises), in the discretion of justice, be imprisoned, with or 

 without hard labour, for any terra not exceeding two calendar months, or, in 

 the like discretion of such justice, shall for every such offence forfeit to her 

 Majestv any sum not exceerling 10/., and in default of payment thereof shall 

 be imprisoned, with or without hard labour as aforesaid, for such period, not 

 exceeding two cilendar months, as such justice shall appoint ; such comniit- 

 ineut to be determined on payment of the amount of the penalty ; and every 

 such penalty shall be returned to tlie next ensuing court of quarter sessions 

 iu the usual manner. 



Justice of the peace empowered to send any case to be tried by the quarter 

 sessions. — Provided always, and be it enacted, that (if upou the hearing of 

 any such complaint he shall think fit) it shall be lawful for such justice, in- 

 stead of deciding upon the matter of complaint summarily, to commit the 

 person or persons charged with such offence for trial for the same at the 

 quarter sessions for the county or place wherein such offence shall have been 



3 F 



