ÆäÀÌÁö À̹ÌÁö
PDF
ePub

owners or occupiers of the adjoining lands, as soon as he, and II. Clauses the carriage, cattle or other animals, under his care, have passed

through the same

[Penalty not exc. 40s. (a).]

76. [Branch railways.]

77-83. [Working of mines.]

Acts.

8 Vict. c. 20.

84. If any owner, lessee, or occupier of any such mine shall Refusal to inrefuse to allow any person appointed by the company for that spect mine. purpose to enter into and inspect any such mines or works

[Penalty (payable to company) not exc. £20 (a).]

85-98. [Tolls (b).-Wilfully pulling down, defacing, or destroying toll boards (s. 95)

Penalty not exc. £5 and cost of restoration (a).]

lading.

99. [Any person failing to give his account, or produce his Account of waybill or bill of lading, to any officer of the company; or giving a false account; or unloading or taking off any part of his lading or goods at any other place than shall be mentioned in such account with intent to avoid payment of tollsPenalty (payable to company) not exc. £10 for every ton, and so in proportion for a less quantity, in addition to the toll (a).]

tolls, &c.

100-102. [Disputes as to amount of tolls (c) due, or charges Disputes (b) as to of detention or sale of goods, to be settled by a justice; if a difference arises as to weight, quality, &c., the goods may be detained to be weighed, &c., and any damage to either party settled by a justice; if the detention is vexatious the toll collector is liable for wrongful detention.]

103. If any person travel or attempt to travel in any carriage Frauds by of the company, or of any other company or party using the passengers (d). 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 beyond such distance, without previously paying the additional fare for the additional distance, and with

(a) Procedure.-As in note (y), ante, p. 638.

(b) See note (u), ante, p. 638.

(c) Tolls for steam vessels, see 26 & 27 Vict. c. 92, s. 33, 34.

(d) Where there was some evidence of travelling unlawfully to avoid payment of fare, upon which the justice convicted, though the facts did not warrant a conviction, the Court of Queen's Bench, on the ground that there appeared to be some evidence, refused to disturb the conviction (Hammond v. Keft, 29 J. P. 438).

Owing to competition a company charged a lower fare to N. than they did to D., which had to be passed to get to N.; a passenger took a ticket for N. but left the train at D., thereby committing according to the company's view a fraud upon them.-Held, no such offence (R. v. Frere, 24 L. J. M. C. 68; 4 E. & B. 598; 1 Jur. N. S. 700; 3 Com. L. R. 455; 3 W. R. 210; 19 J. P. 261; 24 L. T. 233).

II. Clauses

Acts.

8 Vict. c. 20.

Arrest (s. 103).

Dangerous goods.

Byelaws (h).

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

[Penalty (payable to the company) not exc. 40s. (ƒ).]

104. If any person be discovered, either in or after committing or 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.

105. 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 of the company may be of a dangerous nature; -and if any person send (g) 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 —

[Penalty (payable to the company) £20 (f).-The company may refuse to take goods suspected to be dangerous.]

106, 107. [Removal of toll keeper; accounts.]

108. 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 (i); (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,

(f) Procedure.-As in note (y), ante, p. 638.

(g) A guilty knowledge is necessary before this offence can be committed (Hearne v. Garton, 28 L. J. M. C. 216; 5 Jur. N. S. 648; 7 W. R. 566; 23 J. P. 693; 33 L. T. 256). See also "DANGEROUS GOODS," ante, p. 187.

(h) These byelaws are documents of a public nature and proveable as such (Motteram v. Eastern Counties Railway, 29 L. J. M. C. 57; 7 C. B. N. S. 58; 6 Jur. N. S. 583; 8 W. R. 77; 24 J. P. 40; 1 L. T. N. S. 101).

() Byelaws may be made for railway steam vessels, to be enforced as provided for the railway byelaws (26 & 27 Vict. c. 92, s. 32).

pas

or using and working of the railway: But no sach regulation
shall authorize the closing of the railway, or prevent the
sage of engines or carriages on the railway, at reasonable times,
except at any time when in consequence of any of the works
being out of repair, or from any other sufficient cause, it shall
be necessary to close the railway or any part thereof.

II. Clauses

Acts.

8 Vict. c. 20.

in writing.

109. [The company may make such byelaws (subject to Byelaws to be 3 & 4 Vict. c. 97 (ss. 7 and 9, supra, p. 633)), and alter or repeal them, provided they be not repugnant to law. Such byelaws shall be reduced to writing and have affixed thereto the common seal of the company.]

laws.

And any person offending against any such byelaw shall forfeit Breach of byefor every such offence any sum not exceeding £5 (k), to be imposed by the company in such byelaws as a penalty for any such offence; and if the infraction or non-observance of any such byelaw or other 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 byelaw.

110. [The substance of the byelaws, when confirmed and Publication of allowed, shall be painted on boards, or printed and posted byelaws (1). on boards, and hung up in the front or conspicuous place of every wharf or station of the company, so as to give public notice thereof to the parties interested or affected; and shall be renewed when obliterated. No penalty shall be recoverable under the byelaws unless so published.]

tion.

111. [Byelaws, when confirmed, published, and affixed, shall Proof of publicabe binding on all parties; publication may be proved by proof of a copy having been painted or affixed as directed above and replaced when damaged.]

112, 113. [Leasing of railways.]

sume their

114. Every locomotive steam engine to be used on the rail- Engines to conway shall be constructed. so as to consume its smoke (m). own smoke

[ocr errors]
[ocr errors]

[Penalty on company in default £5 a day (k).]

(k) Procedure.-See note (y), ante, p. 638.

[ocr errors]

(See 3 & 4 Vict. c. 97, ss. 7-9, supra, p. 633. On an information for a breach of byelaws (for quitting a carriage in motion) it was proved that a copy was affixed at the two stations at which the passengers entered and quitted the carriage:-Held, sufficient proof of publication and unnecessary to prove further that copies were affixed at every other station on the line (Motteram v. Eastern Counties Railway, ante, p. 640).

(m) This offence is the same if the engine be made to consume its own smoke, but failed at the time charged (31 & 32 Vict. c. 119, s. 19).

II. Clauses
Acts.

8 Vict. c. 20.

engines.

115. [All engines brought upon a railway shall be approved by the company and a certificate of approval obtained.]

116. If any person, whether the owner or other person having Using improper 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 the company to remove any such engine from the railway, such person do not forthwith remove the same,or if, after notice given by the company not to use any such engine on the railway, such person do so use such engine, without having first repaired the same to the satisfaction of the company, and obtained such certificate of approval—

Using improper carriages.

[Penalty (payable to the company) not exc. £20 (n).]

117, 118. [Carriages to be constructed according to the company's regulations.]

119. 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

[Penalty on owner or person in charge (payable to the company) not exc. £10 (n), and the company may remove such carriages.]

120-125. [Owner's name shall be registered and exhibited on carriages; in default carriages improperly loaded may be removed.]

126-139. [Arbitration (o).]

140-161. [Procedure (n).]

162. [The company, after 6 months from the passing of their special Act, shall keep in their principal office a copy, printed by the Queen's printers, for inspection, and within 6 months shall forward a copy to the clerk of the peace for each county into which the works extend.]

163. If the company shall fail to keep or deposit, as hereinbefore mentioned, any of the said copies of the special Act— [Penalty £20, and £5 each day afterwards (n).]

26 & 27 VICT. C. 92.

[This Act relates to the formation, amalgamation, &c., of railways.]

Rape.

See "MALICIOUS INJURIES (Person),” ante, p. 446.

(n) Procedure. See note (y), ante, p. 638

(0) See note (u), ante, p. 638.

Rates.

The churchwardens and overseers (p), or any of them, by Levying rates. warrant from two justices may levy poor rates (q) and arrears on persons (r) refusing (s), (t) to contribute their assessments (43 Eliz. c. 2, s. 4). The rate must have been demanded 7 days, and may be levied by distress in the parish or place, or in any other parish or place in the same jurisdiction, and if no sufficient goods can be found there, in any other jurisdiction upon oath thereof certified on the warrant by endorsement of a justice there (17 Geo. 2, c. 38, s. 7; 54 Geo. 3, c. 170, s. 12). The Expences. expences of obtaining the warrant and the costs of distress may be included in the warrant and levied with the rates (12 Vict. c. 14, s. 1). On return to the warrant that no goods can be found two justices may commit the person to the common gaol or house of correction for not exceeding 3 months, unless such rates, costs and expences, with the costs of conveyance to gaol, be sooner paid (Id. s. 2).

A summons must first issue, and may be served by any Summons. churchwarden or overseer, constable, or other person, personally, or on some person at the last abode; upon non-appearance, and proof of service, the justices may proceed ex parte (s. 5), and issue their distress warrant (u) as above.

(p) This applies to any overseers, and not only to those who made the rate and their immediate successors (Overseers of East Dean v. Everitt, 30 L. J. M. C. 117; 3 E. & E. 574; 9 Jur. N. S. 124; 9 W. R. 312; 25 J. P. 565; 3 L. T. N. S. 700).

(q) Other rates.-These provisions apply also to highway rates under 5 & 6 Will. 4, c. 50, drainage rates under 3 & 4 Will. 4, c. 35, and any rates directed to be recovered as poor rates.

(r) Exemptions.-Two justices in petty sessions may, with the consent of the churchwardens, &c., discharge any person from payment of the poor rate on proof of inability to pay through poverty (54 Geo. 3, c. 170, s. 11). Churches, &c. (3 & 4 Will. 4, c. 30), scientific and literary institutions (6 & 7 Vict. c. 36), and Sunday and ragged schools (32 & 33 Vict. c. 40) are exempt from rating.

(s) Enforcing during Appeal.-The rate may be enforced after notice of appeal against it, but no proceeding shall then be taken for a greater sum than that at which the person was assessed in the last effective rate (41 Geo. 3, c. 23, s. 2); or when the rate is quashed the amount may be taken and applied on account of the next effective rate on such person (Id. s. 1). The Court on quashing the appeal may order the amounts not to be paid, and then all proceedings shall be stayed (Id. s. 3). The parish officers may credit the person in any subsequent rate for any excess paid, without an order of the sessions (R. v. Parker, 26 L. J. M. C. 199; 7 E. & B. 155; 3 Jur. N. S. 771; 5 W. R. 234; 21 J. P. 549).

(t) Bankrupts.-Parochial and local rates due from a bankrupt, having become due within the preceding 12 months, are preferential debts and to be paid in full if the property is sufficient (32 & 33 Vict. c. 71, s. 32).

(u) Warrant.-Any number of defaulters may be included in one distress warrant, but not in the warrant of committal (12 Vict. c. 14, s. 3); the

« ÀÌÀü°è¼Ó »