corporated herewith shall authorize the imposition or recovery, under any bye-laws made in pursuance of such provisions, of any greater penalty than the penalties in this section specified.

Evidence of Bye-Laws.] By sect. 186, "A copy of any bye-laws made under this act by a local authority (not being the council of a borough), signed and certified by the clerk of such authority to be a true copy and to have been duly confirmed, shall be evidence until the contrary is proved in all legal proceedings of the due making, confirmation and existence of such bye-laws without further or other proof."

SYNOPSIS OF OFFENCES.

Statute.

QUARANTINE.

Masters of vessels and pilots liable to various penalties under

QUEEN'S STORES. See tits. "Naval Stores" and "War Department Stores."

RACES AND RACECOURSES. See "Metropolitan Suburban Race-
courses," ante.

RAILWAY ROLLING STOCK PROTECTION (Note 395).
1. Rolling Stock protected from Distress in certain Cases.] Distraining
rolling stock, being in a work (see Note 395), for rent payable
by the tenant of the work, such stock not being the actual
property of such tenant, and having upon it a distinguishing
metal plate affixed to a conspicuous part thereof, or a dis-
tinguishing brand or other mark conspicuously impressed or
made thereon, sufficiently indicating the owner thereof.

RAILWAYS.

I. OFFENCES BY SERVANTS OF RAILWAY COMPANIES.

II. OFFENCES BY COMPANIES.

III. OFFENCES BY OTHER PERSONS.

I. OFFENCES BY SERVANTS OF RAILWAY COMPANIES.

1. Misconduct.] Any engine driver, guard, porter or other servant, in the employment of any railway company, found drunk whilst employed upon the railway (Note 397),

or

2. Committing any offence against any of the bye-laws, rules or regulations of such company,

or

3. Wilfully, maliciously or negligently doing, or omitting to do, any act whereby the life or limb of any person passing along or being upon the railway belonging to such company, or the works thereof, shall be or might be injured or endangered,-or whereby the passage of any of the engines, carriages or trains shall be or might be obstructed or impeded,

or

4. Any person counselling, aiding or assisting in any such offence.

6 Geo. 4, c. 78.

35 & 36 Vict. c. 50, ss. 3, 4.

3 & 4 Vict.

c. 97, s. 13 (Note 398).

395 "RAILWAY ROLLING STOCK PROTECTION:" Interpretation of Terms.] The 2nd section enacts that

"Rolling Stock" includes waggons, trucks, carriages of all kinds and locomotive engines used on railways.

"Rent" includes royalty or other reservation in the nature of rent.

"Work" includes any colliery, quarry, mine, manufactory, warehouse, wharf, pier or jetty in or on which is any railway siding.

"Tenant" includes a lessee, sub-lessee or other person having an interest in a work under a lease or agreement, or by use and occupation, or being otherwise liable to pay rent in respect of a work.

"Person includes a body corporate.

"Court of summary jurisdiction" means any justice of the peace, metropolitan police magistrate, stipendiary magistrate, sheriff, sheriff's substitute, or other magistrate or officer by whatever name called who is capable of exercising jurisdiction in summary proceedings for the recovery of penalties.

396 Appeals.] By the 6th section it is enacted that "If any party thinks himself

Within

4 6 cal. m.
(11 & 12 Vict.

c. 43, s. 11,

see Note 399).]

Two. The court may make against the
landlord such summary order
for restoration of the rolling
stock or for payment of the
real value thereof, and re-
specting costs or otherwise,
and may make against the
person distraining such order
in the matter, and respecting|
costs, as to the court seems
just (s. 4).

One
(s. 13).

[MEM. See Note 397 for definition
of "railway,' and Note 402
application of 8 & 9 Vict. c. 20.]|

At discretion of justice, either
impr. with or without h. 1.
for not exc. cal. m.;-
Or forfeit not exc. £10,-and in
default of payment, impr.
with or without h. 1. for not
exc. 2 cal. m. unless sooner
paid (s. 13), subject to scale
in 42 & 43 Vict. c. 49, s. 5,
p. 185.

[MEM. The justice may, instead
of summarily convicting, com-
mit the offender for trial at
the quarter sessions (s. 14).]

aggrieved by any order or adjudication of a court of summary jurisdiction under this act, or by dismissal of his complaint by any such court, he may appeal therefrom, subject to the conditions and regulations following, that is to say

(1) The appeal shall be made to some court of general or quarter sessions for the county or place in which the cause of appeal arises, holden not less than fifteen days, and (unless adjourned by the court of appeal) not more than 4 months after the decision of the court of summary jurisdiction.

(2) The appellant shall, within 7 days after the cause of appeal has arisen, give notice to the other party and to the court of summary jurisdiction of his intention to appeal and the ground thereof.

(3) The appellant shall immediately after such notice enter into a recognizance before a justice of the peace with two sufficient sureties conditioned personally to try such appeal and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or give such other security by deposit of money or otherwise as the justice thinks fit to allow."

397 “RAILWAYS:" Definition of “Railway.”] Construed to extend to all railways 3 A

O.S.

VOL. I.

SYNOPSIS OF OFFENCES.

Statute.

RAILWAYS-continued.

I. OFFENCES BY SERVANTS OF RAILWAY COMPANIES—continued. 5. Bookkeeper refusing Inspection.] Bookkeeper failing to permit any shareholder to inspect books of accounts, or take copies or extracts therefrom during the periods aforesaid (i. e. if no period prescribed, one fortnight before and one calendar month after every ordinary meeting, s. 117).

6. Offending against bye-laws made for the conduct of the officers of the company (see ss. 124, 127).

8 & 9 Vict. c. 16, s. 119 (Note 400).

Id. s. 125.

II. OFFENCES BY COMPANIES.*

7. As to the conveyance of mails (1 & 2 Vict. c. 98, s. 12; 10 & 11 Vict. c. 85, s. 16); 8. Entering lands without consent (8 & 9 Vict. c. 18, s. 89); 9. Obstructing water or gas supplies (8 & 9 Vict. c. 20, s. 23); 10. Not restoring roads interfered with (Id. s. 57), or 11, completing a substituted road (Id. s. 58); 12. Not repairing roads used by them (Id.); 13. Not complying with justices' order to make fences, &c. (Id. s. 62); 14. Failing to construct screens near to a road (Id. s. 64); 15. Not complying with justices' order to repair bridges, fences, &c. (Id. s. 65); 16. Omitting to transmit copy of annual account to overseers and clerk of peace (Id. s. 107); 17. Not using engines required (Id. s. 114); see Manchester, Sheffield and Lincolnshire Railway Company v. Wood, 29 L. J. (N. S.) M. C. 29; 1 Law T., N. S. 31; and 31 & 32 Vict. c. 119, s. 19); 18. Constructing railway on different gauge than allowed (9 & 10 Vict. c. 57, s. 6); 19. Not erecting lodge at point of level crossing (26 & 27 Vict. c. 92, s. 6); 20. Not keeping lights at night on works for protecting navigation (Id. s. 13); 21. Detaining barges by user of bridges, &c. (Id. s. 15); 22. Not keeping for sale copies of certificate of Board of Trade (27 & 28 Vict. c. 120, s. 31); 23. Failing to open new railway in certain cases (27 & 28 Vict. c. 121, s. 48). See also 29 & 30 Vict. c. 108, ss. 11-17); 30 & 31 Vict. c. 127, s. 20. 25. Not preparing See opposite page † for further offences.

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 (3 & 4 Vict. c. 97, s. 21).

S98 Amendment of 3 & 4 Vict. c. 97.] This provision has been amended by the 5 & 6 Vict. c. 55, s. 17, and extended to "any engine driver, waggon driver, guard, porter, servant, or other person employed by the said or any other railway company, or by any other company or person, in conducting traffic upon the railway belonging to the said company, or in repairing and maintaining the works of the said railway."

399 Apprehension of Offenders without Warrant.] The same section (3 & 4 Vict. c. 97, s. 13) authorizes any officer or agent of a railway company, or any special constable duly appointed, and all such persons as they may call to their assistance, to seize and

Not exc. £5 (s. 119);-recov. by
distress (ss. 148,150), and impr.
in default as scale in 42 & 43
Vict. c. 49, s. 5, p. 185;-if
exc. £5 the impr. not exc.
3 cal. m. unless sooner paid
(8 & 9 Vict. c. 16, s. 149).

Not exceeding £5 as imposed
by the bye-law (s. 125);-re-
covered as Offence 5, supra.
[It is thought sufficient here merely to
refer to the sections of the acts creat-
ing the offences: a few only of the
penalties are recoverable before jus-
tices.]

taccounts and balance-sheet!
before half-yearly meetings
(31 & 32 Vict. c. 119, s. 3);
26. Not signing accounts, or
allowing person to peruse
them (Id. s. 4); 27. Not pro-
viding smoking compartments
(Id. s. 20); 28. Letting spe-
cial train for conveying par-
ties to a prize fight (Id. s.
21); 29. Not providing means
of communication between
passengers and guard (Id. s.
22); 30. Not complying with
regulations of Board of Trade
as to light railways (Id. ss.
28, 29); 31. Not printing|
shareholders' address book,
&c. (Id. s. 34); 32. Failing to
give notice to Board of Trade
of accidents and returns (34)
& 35 Vict. c. 78, s. 6); 33.
Not furnishing annual state-
ments of capital, traffic, and
working expenses to Board of
Trade (Id. s. 9); 34. Persons
signing false returns (Id. s.
10).

detain the engine driver, &c. committing any of these offences, and take him before a justice of the peace for the place where the offence is committed, without any other warrant or authority;-and the justice is also authorized to take cognizance of the offence upon complaint upon oath, without information in writing, and to act summarily; or by sect. 14, the justice, if he shall think fit, may commit the person charged for trial at the quarter sessions.

400 Witnesses.] By 8 & 9 Vict. c. 16, s. 155, a penalty of not exceeding £5 is imposed on a witness refusing to appear to a summons or to be examined. See ante, p. 161.

401 Appeal under 8 & 9 Vict. c. 16.] By 8 & 9 Vict. c. 16, s. 159,-"if any party shall feel aggrieved by any determination or adjudication of any justice with respect to