Government Railways Act of 1888 (NSW)

No. XXXV.

An Act to make better provision for the management of the Government Kail- ways and Tramways of Xew South Wales and for other purposes connected there­

with.	[17 th May, 1888.]
" Y T 7 I I E R E A S it is desirable that the powers and duties	appertaining
V V	to the management of the Government Railways and Tram­

ways, and the conduct of the traffic thereon, as well as the control and regulation of the staif employed in connection therewith, together with certain other powers and duties, should be separated from those apper­ taining to the construction of Railways and Tramways, and be vested in and imposed on the Authority hereby created, but without prejudice to certain powers of construction, repair, and alteration to be vested in such Authority,—Be it therefore enacted by the Queen's Most

Exce^ent Majesty, by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Par­

liament assembled, and by the authority of the same, as follows:—

" Minister," means the Responsible Minister of the Crown for the time being administering this Act. " Prescribed,"

P A R T I .

Preliminary Provisions.

1. This Act may be cited as the " Government Railways Ac t

of 18SS" and in its construction (unless the context requires a different

meaning) the expression—

" Commissioners," means the Railway Commissioners appointed

under this Act, and " Commissioner," means one of such
Commissioners.

" Governor," means Governor with the advice of the Executive

Council.

" J u s t i c e , " means any Justice of the Peace.

"Magistrate" means any Justice who is a Police or Stipendiary Magistrate or any Justice lawfully acting as his Deputy, or in his place.

" Prescribed," means prescribed by regulations or by-laws made under this Act.

Railway" and " Railways," mean any Railway or Railways by this Act vested in the Commissioners; and include respec­

tively any Tramway and Tramways so vested.

" Vessel," includes ship, barge, lighter and boat, and howsoever

propelled.

2. So much only of this Act as empowers the Governor to appoint Railway Commissioners for New South Wales, declares their tenure of office, and provides their salaries shall come into force on the passing of the Act. The whole Act shall come into force on a day to be proclaimed by the Governor and published in the Gazette. Provided that such day shall not be earlier than the sixtieth, nor later than the one hundred and twentieth, day after the passing of the

Act. And such last-mentioned day shall for all purposes be deemed
to be the "commencement of this Act ."
3. On the commencement of this Act the office of Com­ missioner for Railways and the Corporation Sole as constituted by that name pursuant to the Act hereinafter repealed shall be, respec­

tively, abolished and dissolved.

4 On the commencement of this Act the Acts twenty-second
Victoria, number nineteen, and tin; Act thirty-seventh Victoria,

number eighteen, shall be wholly repealed, but without prejudice to the past operation thereof, or to any rights accrued, offences com­ mitted, proceedings taken, or things done thereunder.

5. The sections of this Act arc arranged in the following order

viz. :—

P A R T I .—Pre l im inary Provisions.—ss. 1 to 5. The Hallway

Commissioners.—ss. 0 to 21 .

P A R T I I . — P o w e r s , duties, Sfc. of the Railway Commissioners,

—ss. 22 to 50.

P A R T I I I .— Inves t iga t ion of Accidents.—ss. 51 and 52.

P A R T	I V . — B y - l a w s ,	Sfc.—ss.	S3 to 57.
P A R T V.—Appointment, Promotion	and Discipline	in, and	Regu­

lation of, Railway Service.—ss. 58 to 80.

P A R T VI .—Miscel laneous Provisions, Penalties, Procedure, Sfc.

—ss. 81 to 107.

The Railway Commissioners.

6. The Authority to carry out this Act shall be three Com­ missioners who shall be a body corporate by the name " T h e Railway Commissioners of New South AVales; " and, by that name, shall have perpetual succession and a common seal, and be capable in law of suing and being sued, and, subject to the provisions hereinafter con­ tained, shall have power to take, purchase, sell, lease and hold lands, tenements and hereditaments, goods, chattels and other property for the purposes of this Act. But no sale or lease of any such lands,

except as provided in section forty-three, shall have any force or effect

unless the same has been approved by the Governor. And all courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commissioners aIfixed to any document or notice, and shall presume that such seal was duly affixed.

7. (i) The Governor shall, as soon as conveniently practicable
after the passing of this Act, appoint three persons to be " Railway

Commissioners for New South Wales ," who, subject to the provisions hereinafter contained, shall each hold office for a term of seven years.

(u ) On the occurrence of any vacancy in the office of a

Commissioner the Governor shall apj)oint a person to the vacant office, Avhosc term of office shall be for his predecessor's unexpired term of office. All persons appointed under the authority of this section shall, at the expiration of their respective terms of office, be eligible for reappoint­

ment for a like term of seven vears.

( i n ) In case of the illness, suspension or absence of any

Commissioner, the Governor may appoint some person to act as the deputy of such Commissioner during such illness, suspension or

absence; and every person so appointed shall, while so acting, have

all the powers, and perform all the duties of such Commissioner.

8. (i) A Commissioner may be removed for misbehaviour or

incompetence;—

(a) A Commissioner may be suspended from his office by the

Governor for misbehaviour or incompetence, but shall not be removed from office except as hereinafter provided. The Minister shall cause to be laid before Parliament a full state­ ment of the grounds of suspension within seven days after such suspension if Parliament be in Session and actually sitting, and when Parliament is not in Session or not actually sitting within seven days after the commencement of the next Session or sitting.

(b) A Commissioner suspended under this section shall be

restored to office unless each House of Parliament shall within twenty-one days from the time when such statement shall have been laid before it declare by resolution that the said Commissioner ought to be. removed from office, and if each House of Parliament shall within the said time so declare, the said Commissioner shall be removed by the Governor accordinglv.

(n ) A Commissioner shall be deemed to have vacated his

office,—

(«) I f he shall engage, during his term of office, in any employ­

ment outside the duties of his office.

(b) If he shall become insolvent, or ap>ply to take the benefit of

any Act now or hereafter to be in force for the relief of insol­ vent debtors, or shall compound with his creditors, or make an assignment of his salary for their benefit.

(c)	If he shall absent himself from duty for a period of fourteen consecutive days except on leave granted by the Governor (which leave he is hereby authorized to grant), or shall become incapable of performing his duties.
(d)	If he shall become in anyway concerned or interested in any

contract or agreement made by or on behalf of the Commis­ sioners ; or shall in anywise participate or claim to be entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom.

9. One of such three Commissioners shall he appointed by the

Governor as Chief Commissioner, and, on the occurrence of any vacancy

in the office of Chief Commissioner, the Governor shall appoint a

person to fill that office.

10.    The Commissioners shall receive the following salaries, viz:—

(i) The Chief Commissioner,—two thousand five hundred pounds

per annum.

(n ) Each of the other Commissioners,—one thousand five hundred pounds per annum.

All such salaries are hereby charged on the Consolidated Revenue

Fund; and such Fund, to the extent required for the payment of such
salaries, is hereby permanently appropriated.

11. Eor the conduct of business any two Commissioners shall be

a quorum, and, subject to the enactment next following, shall have
all the powers and authorities by this Act vested in Commissioners.

12. I f , at any meeting at which two Commissioners only arc present, such Commissioners shall differ in opinion upon any matter, the determination of such matter shall be postponed until all the Commissioners are present.

13 . No act or proceeding of the Commissioners shall be

invalidated or prejudiced by reason only of the fact that, at the time when such proceeding or act was taken, done or commenced, there was a vacancy in the office of any one Commissioner.

11 . The Commissioners shall keep minutes of their proceedings

in such manner and form as the Governor shall direct.

15. (i.) The Commissioners shall appoint or employ such clerks,

officers and employes to assist in the execution of this Act as they

think necessary; and every person so appointed shall hold office during
pleasure only.

(II) The Commissioners may remove such clerks, officers or employes; and may discontinue the offices of, or appoint other persons in the room of such as may be removed, or may die, or resign, or be

convicted of any felony, or become bankrupt, or apply to take the benefit of any Act now or hereafter to be in force for the relief of

insolvent debtors, or compound with their creditors, or make assign­

ments of their salaries for the benefit of their creditors.

( i n ) The Commissioners shall pay such salaries, wages and

allowance to such clerks, officers and employes respectively, as Parlia­

ment shall appropriate for that purpose.

(iv) All clerks, officers and employes in the employment

of the Government, in the railway or tramway service at the time of

the passing of this Act, shall be deemed to have been appointed by the

Commissioners under this Act.

(v) No person appointed, or whose appointment has been

confirmed, under this section, shall engage in any employment outside
the duties of his office.

(vi) Nothing in this section shall apply to the present Engineer-in-Chief for Railways, or Solicitor for Railways ; but the said Solicitor for Railways shall be Solicitor for Railways under this Act .

16. Eor the purposes of this Act there shall be vested absolutely

in the Commissioners, and, in respect of land, for an estate in fee
simple—

(i)   All railways and tramways, and all rolling-stock heretofore constructed or acquired by or on behalf of Her Majesty, pursuant to any Act in force for the time being authorizing the construction of railways, rolling stock, or tramways,—and

all railways and tramways hereafter to be so constructed or

acquired, upon transfer of the same to such Commissioners
in the prescribed manner.

(II) All piers, wharves, jetties, stations, yards and buildings connected or used in connection with such railways, tram­ ways and rolling-stock, being on Crown Land or land acquired for or on behalf of Her Majesty respectively.

Cm)

( i n ) The land, being Crown Land or land acquired or which may bo acquired for or on behalf of Her Majesty over or upon which, such piers, wharves, jetties, stations, yards and buildings have been, or may hereafter be constructed or erected.

(iv)   The Crown Land or land acquired for or on behalf of Her

Majesty included within the boundary fences of all such

railways or tramways.

(v)   All land outside such fences acquired by or on behalf of Her

Majesty, under any Act authorizing the taking or acquiring

of land for railway or tramway purposes.

(vi)   All Crown and other lands taken under the authority

of any Act authorizing the taking of land for railway or

tramway purposes.

(vII) All telegraph posts erected on any lands by this Act vested in the Commissioners, which posts at the passing of this Act were under the control of the Commissioner for Railways or any person for or on behalf of Her Majesty, and all wires, instruments and other telegraphic or telephonic apparatus used in connection with the railways or tramways so vested as aforesaid.

17 . No rates, tax or assessment shall be made, charged or

levied upon any railway, or upon any pier, wharf, jetty, station, yard,

building, works or other property vested in the Commissioners.

18. (i) All purchases, sales, conveyances, grants, assurances, deeds, securities, contracts, bonds and agreements entered into, made

or given before the passing of this Act by or to any Corporation or

person, in connection with the railways, or with the piers, wharfs,
jetties, stations, yards, buildings, lands or rolling-stock by this Act

vested in the Commissioners, shall be as binding and of as full force and effect respectively, against or in favour of the Commissioners, and may be enforced as fully and effectually as if, instead of such Corpora­ tion or person as aforesaid, the Commissioners had been parties thereto.

(n ) All powers conferred upon such Corporation or person,

and all matters or things done or to be done, and all rights and privileges accrued or accruing, shall be exercised, enforced, and enjoyed by the Commissioners in the same way as such Corporation or person might have exercised, enforced, or enjoyed the same but for the passing of this Act,—and with respect thereto the Commissioners shall bo substituted for such Corporation or person.

( i n ) Any penalty, forfeiture or other punishment incurred

or to be incurred for any oifenec committed against such Corporation or person, in respect of the railways, or in respect of any such piers,

wharfs, jetties, stations, yards, buildings, lands or rolling-stock before the passing of this Act, may be enforced and recovered by or on behalf

of the Commissioners in the same way as such Corporation or

person might have enforced and recovered the same, if this Act had

not been passed.

19. All moneys appropriated by Parliament for the maintenance

or management of the railways by this Act vested in the Commissioners,

and for all purposes in connection therewith, shall be expended under

the control and management of the Commissioners.

20. All moneys payable to the Commissioners, under this or any

other Act, shall be collected and received by them on account of, and shall be paid into, the Consolidated Revenue ; and the provisions of the "Audit Act of 1870 ," and of any other Act relating to the collection and payment of public moneys and the audit of the public account,

shall, save as in this Act otherwise expressly provided, apply to the

Commissioners and to all officers and employes under this Act.

21 . (i) No action, suit, prosecution or other proceeding what­

soever, commenced before the passing of this Act, by or against such

Corporation or person as aforesaid, shall abate or be discontinued or be prejudicially affected by this Act, but the same shall continue and take cil'ect in favour of or against the Commissioners appointed under this Act (as the case may be) .

( n ) All judgments, decrees or orders made in favour of or

against such Corporation or person, and all lines and penalties imposed

or incurred under any Act hereby repealed, shall be respectively enforced, levied, proceeded for and recovered by, against, with reference to, and in the name of, the Commissioners so appointed, the same as

they might have been enforced, levied, proceeded for, and recovered by, against, with reference to, and in the name of such Corporation or person, i f this Act had not been passed,

P A R T I I .

Towers, duties, 8fC, of the Hallway Commissioners.

22. I t shall be the duty of the Commissioners to maintain the railways and all works in connection therewith in a state of efficiency, and to carry persons, animals, and goods without negligence or delay; and in respect of the carriage of persons, animals, and goods, the Commissioners shall be common carriers.

23. (i) The Commissioners shall at all times cause to be made a

careful inspection of the condition of the railways under their control.

(II ) Whenever it shall appear to the Commissioners that for

the purpose of maintaining the traffic on any existing line a partial reconstruction, or partial duplication, or other addition to, or extension

of, the roadway of any existing line, or part of any such line, or any

bridge, viaduct, or other work; or that the laying of new rails, or that any other repair or alteration of any line or work vested in them is

necessary, they shall undertake, execute, and carry out any of the
works aforesaid so far as may be required for such purpose.

( i n ) During any reconstruction, repair or alteration, the

passenger and goods traffic may be conducted along temporary road­
ways, or otherwise, as the Commmissioncrs may deem best for the
public interest and safety.

21. The Commissioners shall not afford or give any undue or unreasonable preference or advantage to any particular person, com­ pany, firm, corporation, or to any particular description of traffic, in any respect whatsoever; nor shall they subject any particular person, company, firm, corporation, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

25. Notwithstanding anything in this Act contained, the Commissioners may frame a special scale of tolls or charges for the conveyance of specific classes of produce or merchandize. Provided that the same charges shall apply alike to all corporations, companies,

associations and persons using the railways.

26. Subject to the provisions of this Act the Commissioners shall afford all reasonable, proper, and equal facilities for the inter­ change of traffic between the respective lines of railway vested in them; and for the receiving, forwarding, and delivery of passengers and goods to and from such lines.

27. Each of the persons hereinafter mentioned shall he entitled to receive from the Commissioners, and to hold and use, a free pass which shall authorize the holder to travel free on all railways vested in the Commissioners, but which shall in no case be transferable; viz.:—

(i) Every Member of the Legislative Council.

(a)	Every pass issued to a Member of such Council shall bo issued in the name of the person entitled to the same.
(b)	Every such pass shall be forthwith returned to the Com­ missioners by the holder thereof or his agent or personal representative on his ceasing to be a member of such Council.
( n )	Every Member of the Legislative Assembly.

(«) The free pass to be issued to such Member shall be issued to him in the name of the electorate which he has been

elected to represent.

(b) Every such pass shall be returned to the Commissioners

by the Member holding the same if the seat of such Member shall have been rendered vacant by his resignation or other act having the effect of vacating his seat in the Legislative Assembly under the law in force for the time

being so soon as his successor shall have been elected.

(c)	The passes issued by the Governments of other Colonies to members of the respective Parliaments of those Colonics shall be recognized and held to admit the holders thereof to travel upon the railways of New South Wales,
(d)	Any free pass granted for life or for any fixed period at the time of the passing of this Act, shall not be affected by these provisions.
( i n )	Officers of Parliament.
(a)	The Commissioners shall have power, with the approval of the Governor, to issue from time to time, on application, passes, available for a period not exceeding one calendar month, to such Officers of Parliament as have been hereto­

fore accorded that privilege.

(iv)   Every person who has held any of the offices enumerated in

Schedule A hereto, and whether before or after, or partly before and partly after the commencement of this Act.

(a)	Every such pass shall be issued in the name of the person entitled and shall be available during the term of his life, and shall bear on the face of it the name in full of the
person to whom it is granted.'

(v)   Any person of distinction visiting the Colony or officially engaged in some public duty which renders it necessary for him to travel by railway, or who may have rendered some important public service to the Colony.

(«) No such pass shall be issued for a period exceeding one calendar month.

(vi)  Every free pass issued under this section shall, in respect to the holder of such pass, and his personal representatives, be accompanied by, and entail, the like rights, remedies, obli­ gations, and liabilities (except in respect of the payment of money therefor) as if the said pass had been a ticket issued to such holder for a money consideration.

28. The Commissioners shall be the authority to decide on the

position, character and suitableness of all stations, station platforms, gate-houses, station-yards, sheds, piers, wharves, jetties required for

or in connection with any railway hereafter to be constructed, and

although such railway may not be constructed by them, or of any other building, siding, platform or work for the accommodation of the passengers, stock or goods to be carried on such railway.

29. Before the second reading in the Legislative Assembly of any

bill authorizing the construction of new lines of railway, the Com­

missioners shall transmit to the Minister a statement under their seal showing their estimate of the traffic on each proposed new line, and any other returns likely to be derived therefrom, and the Minister shall
before such second reading lay the same upon the table of the Assembly.

30. The Commissioners may use locomotive engines and other

motive or tractive power, and draw or propel thereby carriages and waggons and may carry and convey upon the railways all such passengers and goods as shall be offered for that purpose, and may demand reasonable tolls and charges in respect thereof. Subject to the provisions of this Act, all such tolls shall, at all times, be charged equally to all persons, and after the same rate, whether per ton, per mile or otherwise, in respect of all passengers and of all goods

or carriages of the same description, and conveyed or propelled by a like carriage or engine passing over the same portion of the line

of railway and under the same circumstances; and no reduction or

advance in any such tolls shall be made, cither directly or indirectly, in favour of or against any particular company or person travelling upon or using the Railway.

31 . The tolls shall be paid to such persons, and at such places,

upon or near to the railways, and in such manner, and under such

regulations as the Commissioners shall appoint.

32. I f , on demand, any person fail to pay the tolls due in respect

of any carriage or goods, the Commissioners may;—

(i) Detain and sell such carriage, or all or any part of such goods ;

(ii)   If the same shall have been removed from the railway premises, detain and sell any other carriages or goods within such premises belonging to the person liable to pay such tolls;

And, in cither case, out of the moneys arising from the sale, retain the
tolls payable as aforesaid, and all charges and expenses of such
detention and sale, rendering the surplus (if any), of the moneys arising by such sale, and such of the carriages or goods as shall remain unsold, to the person entitled thereto,

( i n ) Recover any such tolls by action at law.

33. Every person being the owner or having the care of any

carriage or goods passing or being upon any Railway, shall on demand, give to the collector of tolls, at the places where he attends, for the purpose of receiving goods or of collecting tolls, for the part of the

Railway on which such carriage or goods may have travelled or be
about to travel, an exact account in writing signed by him of ;

(i) The number or quantity of goods conveyed by any such carriage,

( I T ) The point on the Railway from which such carriage or goods have set out or are about to set out,

( i n ) At what point the same arc intended to be unloaded or taken

off the Railway,

(iv)   If the goods, conveyed by any such carriage or brought for

conveyance as aforesaid, be liable to the payment of different tolls, then such owner or other person shall specify the respec­

tive numbers or quantities thereof liable to each or anv of such

tolls.

31 . I f any such owner, or person as in the last preceding section

mentioned in contravention of the requirements thereof—

(i) Eail to give an account;

(ii)   Eail to produce his way-bill or bill of lading to such collector, or other officer or servant of the Commissioners, demanding

the same ;

( i n ) Give a false account;

( iv)

(iv)  Unload or take off any part of his lading or goods at any other place than shall be mentioned in such account, with intent to avoid the payment of any tolls payable in respect thereof;

He shall for every such offence forfeit to the Commissioners a sum not

exceeding ten pounds for every ton of goods, or for any parcel not exceeding one hundredweight, and so in proportion for any less

quantity of goods than one ton, or for any parcel exceeding one hundredweight (as the case may be), which shall be upon any such

carriage; and such penalty shall be in addition to the toll to which

such goods may be liable.

35. I f any dispute arise—

(i) Concerning the amount of the tolls due to the Commissioners,

(n) Concerning the charges, occasioned by any detention or salo

thereof under the provisions herein contained,—

the same shall be settled by a Magistrate or two Justices, and the Commissioners may, in the meanwhile, detain the goods or retain the proceeds of the sale thereof.

30. I f any difference arise between any toll collector or other

officer or servant of the Commissioners and any owner of or person
having the charge of any carriage passing or being upon any Railway,

or 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;

I f upon such measuring or examination,

(i)   Such goods appear to be of greater weight or quantity, or oC other nature than shall have been stated in the account given thereof, 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 Commissioners,

be liable to pay, the costs of such measuring and examining.

(11) I f such goods appear to be of the same or less weight or quantity than, but of the same nature as, shall have been stated in such account, the Commissioners 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
Magistrate or two Justices, on a summary application to him

37. I f at any time it be made to appear to any Magistrate or two Justices, upon the complaint of the Commissioners, that any such detention, measuring or examining of any carriage or goods, as hereinbefore mentioned was—without reasonable ground; or was vexatious on the part of such collector or other officer ; such or them for that purpose, to have arisen from such detention.

collector or 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 Magistrate or Justices shall issue his or their warrant accordingly.

38. I f any person

(i)   Travel or attempt to travel in any carriage employed on any

Railway without having previously paid his fare, and with

intent to avoid payment thereof, or

(u) 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 intent to avoid payment thereof, or

( i l l )

( i n )	Knowingly and wilfully refuse or neglect, on arriving at the
point to which he has paid his fare, to quit such carriage ;
(iv)	Knowingly and wilfully travel, or attempt to travel in any
carriage, of a superior class to that which his ticket entitles
him to use, with intent to avoid payment of the additional fare;

Every such person shall, for every such offence, forfeit to the. Com­
missioners a sum not exceeding forty shillings.

39. I f any person he discovered either in the act of or after:

committing or of attempting to commit any such offence as in the ' preceding enactment mentioned, all officers and servants and other persons on behalf of the Commissioners, 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 in due course of law.

40. (i) No person shall be entitled to carry, or to require the Commissioners to carry, upon any Railway, any aqua-fortis, oil of vitriol, gunpowder, lucifer matches or any goods whatsoever which, in the judgment of the Commissioners or their officers, may be of a dangerous nature.

(II ) I f any person send by any Railway any such goods,

without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing, at the time

of sending the same, to the bookkeeper or other servant of the

Commissioners, Avith Avhom the same are left, he shall forfeit to the

Commissioners a sum not exceeding fifty pounds for every such offence.

( i n ) The Commissioners may refuse to take any parcel

which they may suspect to contain goods of a dangerous nature, or may require any parcel to be opened, so that the nature of the contents may be ascertained.

41 . The Commissioners may—

(i)   Appoint places as depots for the receipt and delivery of parcels or passengers' luggage to be forwarded to or received from any raihvay;

(II) Contract with any person for the carriage of such parcels, or

of passengers' luggage to and from any railway station or
depot;

( i n )	Instead of loading or unloading goods on or from any truck, shed or Aressel by temporary day labour, invite public tenders on such terms and conditions as they think fit for the per­ formance of such work, for a period not exceeding one year;	and shall have power to accept the loAvest eligible tender, or
iiwite fresh tenders, and may make a contract with the person
whose tender is accepted.

42. The Commissioners may apply in writiug to the Minister

for additional stores, plant, material, rolling-stock, stations, sheds and

other accommodation Avhich, in the opinion of the Commissioners, may
be required to enable them to meet the traffic requirements, or ensure

the efficient working of the railways.

43. The Commissioners may lease any refreshment-room, shed,

office, shop, stall, coal gears, sites for storage or for erecting sheds,

right of entrance into any station by any public A-ehicle, right of advertising, or other convenience or appurtenance to any of the railways, for any term not exceeding five years on such conditions and at such rent as they may determine.

41 . In the first month in each quarter of every year the Com­

missioners shall report in Avriting to the Minister—

(i)   The state of the traffic returns, Avitli the approximate cost and earnings of trains per ton, per train mile, in respect of goods and passengers respectively, carried during the past quarter ;

( I I )

( n ) The general condition of the lines and accommodation for the

traffic;

( i n ) The special rates, if any, which have been made, and the reasons for making such rates ;

(iv)   The appointments and removals of employes with the cir­ cumstances attending each case;

Such reports shall be laid before Parliament, if Parliament bo in Session, and if not, then within seven days after the commencement

of the Session next ensuing.

45. The Commissioners shall prepare—

(i)   An annual report of their jiroceedings, and an account of all moneys received and expended during the preceding year.

Such annual report shall be laid before both Houses of

Parliament in the month of January in each year if Parlia­ ment be then sitting, otherwise, within one month after the commencement of the Session next ensuing.

( n ) Estimates, in such form as the Governor may direct, of receipts and expenditure for each period of twelve months ending on the thirtieth day of June in each and every year.

46. The several lines of telegraphic communication belonging

to the Commissioners or which are worked under the direction,
or on behalf of the Commissioners, may be used by them—

(i)   Eor the transmission of messages in relation to the working

of the railways;

(n) So far as is consistent with the due and efficient working of the railways, for the transmission of messages by the public.

All such messages as last aforesaid shall be transmitted by the
officers and employes on behalf of the Commissioners, as agents of

the Postmaster-General; and there shall be demanded and received, in respect of such last-mentioned messages, such fees, rates and dues as may for the time being be lawfully demanded or received by the Postmaster-General, in respect of lines of telegraphic communication under his control; and, save as aforesaid, the Commissioners shall not transmit or permit the transmission of messages on behalf of the public through their wires. The sum to be paid by the Postmaster- General to the Commissioners for the transmission of messages as aforesaid, may be cither a lump sum or a percentage on the gross sum

received by the Postmaster-General from the Commissioners, in respect

of such transmission, or may be determined in such other way as may

for the execution of any work authorized by this or any other Act to	be agreed upon between the Postmaster-General and the Commissioners. 47. (i) The Commissioners in their corporate name may contract
be executed by them, or for furnishing materials or labour, or for
providing locomotive engines or other motive or tractive power, or for any other matters and things whatsoever, necessary for enabling them to carry the purposes of such Act into full effect, in such manner and upon such terms for such sum and under such stipulations, conditions and restrictions as the Commissioners think proper.

( n ) Every such contract shall be in writing, and shall

specify the work to be done, the materials to be furnished, and the

price to be paid for the same, and the time within Avhich the Avork is to be completed, and the materials to be furnished, and the penalties to bo suffered in case of non-performance thereof; and eArery such contract may, i f the Commissioners think fit, comprise several Avorks and may in every case specify the person to Avhose satisfaction the

Avork or Avorks is or are to be completed or the material furnished, and

the mode of determining any dispute which may arise concerning, or in
consequence of, such contract.

48 . The Commissioners and tlie Postmaster-Gen oral may enter

into, alter and rescind contracts and agreements, with respect to the

receipt, carriage and conveyance of letters, newspapers, parcels and newspapers, and or with respect to any other matter or thing in relation to the postal service; also, with respect to the working of any of the

lines of telegraphic communication of the Postmaster-General by the Commissioners, and generally with respect to telegraphs and the

transmission of telegraphic messages.

49. I n case any difference shall arise between the Commissioners and the Postmaster-General, with regard to the terms and conditions on which any contract or agreement should be made or otherwise in relation thereto, the same shall be determined by the Governor.

50. The Commissioners, at a meeting specially called for that

purpose, may compound and agree with any person who has entered into any contract in pursuance of or under the authority of this Act,

or against whom any action or suit is brought for any penalty contained
in any such contract, or in any bond, or other security for the perform­

ance thereof, or for or on account of any breach or non-performance of

any such contract, bond or security, for such sum of money or other

consideration as the Commissioners think proper.

P A R T I I I .

Investigation of Accidents.

51. Whenever, upon or about any railway, or any works, building

or place of any kind Avhatsocver, used or connected with any railway,
any such accident as hereinafter specified takes place in the course of

working such railway viz.:—

(«) Any accident attended with loss of life or personal injury to

any person—

(ft) Any collision where one of the trains is a passenger train—

(<?) Any passenger train or portion thereof accidentally leaving the

rails—•

(d)	Any accident of a kind not comprised in the foregoing descrip­
tions, but which has caused or might have caused loss of life or personal injury—

The Commissioners shall—

( 0 Cause the earliest information by telegraph, post or otherwise to be forwarded to the Minister.

(ii)   Appoint such officer or officers as they may think fit to hold an inquiry into the matter.

( i n )	As soon as practicable after such inquiry, send to the Minister
full information of the accident and the report of such officers.

52. Where it appears to the Minister, cither before or after the commencement of any such inquiry, that a more formal investigation

of the accident, and of the causes thereof, and of the circumstances

attending the same, is expedient, he shall notify the same to the Governor, and the Governor may, by order, direct such investigation to bo held; and with respect to such investigation the following provisions shall have effect :—•

(i)   The Governor may, by the same or any subsequent order, direct

a District Court judge, magistrate, or other person or persons,
named in the same or any subsequent order, to hold such investigation with the assistance of the assessors named in the order;

( i i )

(IT) The person or persons holding any such formal investigation (hereinafter referred to as the Court) shall hold the same in open Court, in such manner, and under such conditions as he or they may think most effectual for ascertaining the causes and circumstances of the accident, and enabling him or them to make the report in this section mentioned ;

( i n ) The Court shall, for the purposes of such investigation, have all the powers of a Court of Petty Sessions acting in the exercise of its ordinary jurisdiction, and,

(«) May enter and inspect any place or building, the entry and inspection Avhercof appears to such Court requisite

for the said purpose.

(/;) May by summons under their hand require the attendance of all such persons as the Court thinks fit to call, and examine the same, and may require answers

or returns to such inquiries as the Court thinks fit to

make.

(c) May require and enforce the production of all books, papers and documents which the Court considers important.

(cl) May administer an oath, and require any person

examined to make and sign a declaration of the truth of
the statements made by him in his examination.

(e) Every person so summoned, not being a person engaged in the Railway service or otherwise connected with it, shall be allowed such expenses as would be allowed to

a witness attending on subpeena before the Supreme

Court; and in case of dispute as to the amount to bo allowed, the same shall be referred by the Court to the Prothonotary of the Supreme Court, who, on request

by the Court, shall ascertain and certify the proper
amount of such expenses.

(iv)  No answers or declarations of any person examined under this section shall be admissible in evidence in any proceeding against such person other than a prosecution for perjury, or

for giving or making false answers or declarations.

(v)   The Court, after holding an investigation concerning any accident, shall make a report to the Governor stating the causes of the accident, and all the circumstances attending the same, and any observations thereon, or on the evidence, or

on any matters arising out of the investigation, which the Court thinks right to make.

P A R T I V .

Ey-Laics, 8fC.

53. The Commissioners may make by-laws for all or any of the

subjects or matters hereinafter mentioned, and may impose penalties

not exceeding twenty pounds, upon any person committing a breach of
any of such by-laws—

(i)   Eor fixing the amount of fares for the conveyance of passengers, and the charges for the carriage of animals, goods and parcels, and the circumstances and conditions under which the Commissioners will make special rates for the carriage of goods in quantities ;

( n )

(ii)   For preventing the commission of any nuisance in or upon the carriages, or in any of the stations, buildings, piers, wharves or jetties vested in the Commissioners;

( i n ) For preventing the emptying of sewage or drainage on to

any of the railways, or on to any lands, stations, buildings,
piers, wharves or jetties vested in the Commissioners;

(iv)  For regulating the exercise of the several powers vested in any pier-master, wharfinger or berthing master ;

(v)   For regulating the admission of vessels to any pier, wharf or

jetty hereinbefore mentioned, and their removal from the same, and for the good order and government of such vessels,

whilst at sue!i pier, wharf or jetty ;

(vi) For regulating the use of any such pier, wharf or jetty ;

(vn) For regulating the shipping, unshipping, landing, warehous­

ing, stowing, depositing and removing of all goods from or at

any such station, building, pier, wharf or jetty ;

(vni ) For regulating the conduct of all persons (not being any
officer of the Marine Board, or of the Department of Harbours

and Rivers, or of the Customs), while upon or in any such station, building, pier, wharf or jetty, or while employed at

or near the same ;

(ix)  For regulating, subject to the approval of the Marino Board, the use of fires and lights within or on board any vessel being at any such pier, wharf or jetty ;

(x)   For preventing damage or injury to any vessel or goods at any such station, building, pier, wharf or j e t t y ;

( X T ) For regulating the duties and conduct of porters, cabmen, carmen, draymen and carriers (not being employes of tho

Commissioners), employed at any such station, building, pier, wharf or jetty, and fixing the charges to be paid to them for

carrying any passengers, goods, articles or things from or
to the same;

( x n ) For fixing the amount of tolls to be paid by any vessel using any such pier, wharf or jetty, or any crane, the property of the Commissioners ; and for fixing the amount of tolls to be paid on goods brought to or taken from any vessel using any such pier, wharf or jetty, by lighter or other vessel;

( x i n ) For fixing the amount of tolls upon animals and goods received or delivered upon or from any such pier, wharf or j e t t y ;

(xiv) For regulating generally the travelling or traffic upon, or using or working of the railways, and of the stations, buildings,piers, wharves and jetties hereinbefore mentioned; and for the good government and maintenance of order thereon;

(xv) For specially regulating the conduct of the traffic during any reconstruction or repair of any railway or tramway;

(xvi) For regulating the terms and conditions upon which special traius will be run;

( x v n ) For regulating the admission of the public to any of tho railways, and to any of the stations, buildings, piers, wharves

or jetties, hereinbefore mentioned; and for fixing a charge

therefor, or for dispensing with the same on certain days or
for certain t imes;

( xvn i ) For regulating the use of stamps as pre-payment upon

parcels;

(x ix ) For regulating the sale of tickets at places, other than railway stations, and the conditions under which such tickets

shal l be sold;

Gr (XX)

(xx) For fixing demurrage charges, where goods are to be loaded into or discharged from trucks by owners, consignors or

consignees;

( x x i ) For fixing the charges for warehousing goods, and the charges to be paid in respect of parcels and luggage left for transit or for care or custody, and the conditions upon which they respectively will be received;

( x x n ) For regulating the disposal of unclaimed goods ;

( x x i n ) For imposing conditions upon which passengers luggage

will be carried;

(xx iv) For preventing or regulating bathing or fishing in, or

shooting over or upon, any reservoir or tank connected with
any of the railways ;

(xxv) For regulating the carriage of corpses, and for prohibiting

the carriage or conveyance of the bodies of persons who
have died from any contagious disease;

(xxv i ) For prohibiting the carriage or conveyance of diseased animals, and preventing them from coming upon any station

or premises;

( x x v n ) For preventing damage or injury to railway stations, buildings, piers, wharves, jetties, premises, carriages, gates,

fences or any property whatever ;

( x x v n i ) For the issue of free passes on the railways ;

( x x i x ) For regulating public or private traffic across any of the

said railways, on the level thereof, and for preventing
animals from trespassing on any of the railways ;

(xxx ) For altering or repealing any by-laws made heretofore with regard to the railways;
( x x x i ) For regulating the manner in which public notices shall be advertised, and generally with regard to advertising in

newspapers and elsewhere;

( x x x n ) For facilitating and regulating the insurance of persons,

travelling on the lines of railway, by any Accident Insurance
Company now or hereafter to be formed.

5 A. ( i) No such by-law shall have any force or effect unless

the same has been approved by the Governor, and has been published

for at least three clear days in the Gazette.

( n ) The Commissioners shall cause the substance of such

by-laws, and a list of any tolls, fares and charges from time to time

imposed thereby, to be painted upon or to be printed and affixed to boards in large and legible characters, and shall cause such boards to
be exhibited in some conspicuous place in or on every station, pier,

jet ty, wharf or other place where such tolls, fares or charges, or any of

them are payable, and according to the nature and character of such by-laws respectively, so as to give public notice thereof; and shall cause every such board from time to time to be renewed, i f destroyed or defaced.

55. The exhibiting on boards of the substance of such by-laws,

and lists of tolls, fares and charges, shall be deemed tohavebcen complied with, if it be proved that, at the time of any alleged breach, a board was exhibited in accordance with the provisions of the next preceding
section, at the station, pier, wharf, je t ty or other place where tolls, fares or charges were payable, nearest to the place where such
breach took place. The production of the Gazette, containing such by-law shall be prima facie evidence that such by-law has been duly made and confirmed, and that it is still in force.

50. The rules, regulations and by-laws in force at the passing

of this Act in respect of the Government Railways and Tramways shall

be read and construed as if the Authority therein named had been

therein

therein expressed to be "the Commissioners" appointed under this Act.

Such rules, regulations and by-laws shall be deemed to have been

made under the authority of this Act, and shall be and continue to
be in full force and effect until altered or repealed by rules, regula­

tions or by-laws made under the authority of this Act.

57. When the breach of any by-law would be attended with danger or annoyance to the public, or hindrance to any of the employes in the lawful use of any of the railways, or of any pier, wharf,

jetty, station, yard or building, such employes or any of them may

summarily interfere to obviate or remove such danger, annoyance or hindrance, and that without prejudice to any penalty incurred by the breach of such by-law.

P A R T V .

Appointment, Promotion, and Discipline in, and Regulation of,

Railway Service.

58. The Governor may appoint for each branch of the Railway

Service competent persons, to be Examiners of candidates for perma­

nent employment in such branch and of employes who are candidates
for promotion to the higher grades in such service. Provided that

such Examiners shall not hold office longer than three years from

the date of appointment, but shall be eligible for reappointment.

59. Whenever the Commissioners require additional permanent

officers, they shall give public notice thereof three times in a Sydney

daily paper, which shall state the qualifications required and the branches for which such additional officers arc required, and shall

also state the time and place of examination. The Commissioners

shall so arrange the times and places when and where candidates arc to comply with the conditions of employment provided in this Act, and to undergo examination, that persons residing in country districts shall have reasonable facilities for being examined in the district in which they reside.
GO. All persons employed in the Railway Service except super­ numeraries shall be deemed to be employed in a permanent office. No person shall be employed in tin; Railway service as a supernumerary

for a longer period in all than six months in any one year except	persons employed as day labourers ; and no person who has been so	employed shall be again employed as a supernumerary until a period
of six months has elapsed from the termination of the period during
which he was so employed. The Commissioners shall cause to be kept
a special record of all appointments of supernumeraries, and of the
circumstances under which their services were deemed necessary, of the periods during which they were respectively employed, and of the payments received by them respectively; and a copy of such record shall be sent to the Minister at the end of every three months.

61 . No person shall be appointed as an additional permanent

officer who has not obtained a certificate of fitness from the Examiners

(which they arc hereby empowered to issue).

62. I f a greater number of candidates than are required by the Commissioners for appointment obtain certificates from the Examiners, the Commissioners shall appoint as many persons as are required, in such grades and to such situation as they may consider best. The persons in excess of the number required by the Commissioners shall be eligible
for appointment for a period of twelve months then next ensuing from

the date of such determination without further examination.

63. All appointments shall he made to the lowest grade in each

6 f the various branches of the Railway service and on probation only

for a period of six months. After the period of such probation, and

upon production of a certificate of fitness from the officer at the head
of the branch in which such probationer was employed, and upon

proof to the satisfaction of the Commissioners that all the provisions

of this Act have been complied with, such appointments may be

confirmed by the Commissioners. The Commissioners shall, notwith­ standing, have the power to appoint to any position or grade, if they think fit, without examination as aforesaid, persons of known ability not engaged in the Railway service. No such appointment shall be made unless the Commissioners shall have previously certified under their seal to the Governor that there is no person in the Railway

service fit and qualified to be promoted to such appointment, and shall

have obtained his sanction to such appointment.

61 . No probationer's appointment shall be confirmed until he

ha3 effected, in some life insurance company carrying on business in this Colony, an insurance on his life providing for the payment of a sum

of money at his death, should it occur before the age of retirement

from the Railway service; or, if he survive until that age, of a sum of money or annuity on the date of such retirement. Such insurance shall be continued, and the amount thereof fixed and increased, from time to time, in the prescribed manner, and no policy of insurance so

effected shall, during the time such person remains in the Railway

service, be assignable either at law or in equity.

65. When any vacancy occurs in any branch of the Railway

service not open for competitive examination as hereinafter provided, it shall be filled, if possible, by the promotion of some officer next in
rank, position or grade, to the vacant office; and no such officer shall
be passed over unless the head of his branch, in writing, so advise the

Commissioners. No officer shall be passed over without being allowed to show cause, in the prescribed manner, to the Commissioners, whose decision upon the matter shall he final.

66. Whenever promotions to the higher grades of the Railway

service are to be made, the Commissioners shall cause competitive
examinations to be held by the Examiners; and the names of the candidates who have satisfied the Examiners that they possess the

necessary qualifications shall be registered by the Commissioners, in a book kept for that purpose, in the order of their merit. And no

promotions to the offices open to competitive examination shall be
made except from the persons whose names are so registered, and in

the order of such registration, taking the name first registered and

following in regular order.

67. The officer at the head of any branch of the Railway

service may, if he thinks fit, certify that in his opinion any officer in

his branch is entitled to a gratuity or to a payment .for overtime work; but no gratuity or payment for overtime work shall be paid upon such

certificate without the authority of the Commissioners.

68. The officer at the head of each branch of the Railway service

shall, in the prescribed manner, have the power with respect to any

employe in his branch who has been guilty of misconduct or of break­

ing any rule, by-law, or regulation of the Railway service—

(i) To suspend him ;

(u ) TO fine him in a sum not exceeding five pounds;

( i n ) To reduce him in rank, position or grade, and pay;

But every such employe shall have the right of appeal to the Com­

missioners.

09. Any officer in charge of a railway station may temporarily suspend at such station any employe of inferior rank, position or grade to his own, until the officer at the head of such employe's branch has dealt witli the suspension of such employe. Any charge brought against any employe, for the breach of any rule, by-law or regulation, or

for misconduct, maybe investigated anddealt with by the Commissioners,

who may suspend such employe; or, if he have been already suspended, may further suspend him for a period not exceeding six months, without salary or wages, or may inflict a fine to be deducted from his pay, or may dismiss him ; and their decision shall be final.

70. No officer or employe under the Commissioners shall be

liable to dismissal or any disability for refusing, on conscientious

grounds, to work on any Sunday except in cases of necessity. Such

officer or employe to be subject to a proportionate reduction in his
salary or Mages on account of such refusal, provided always that such provision shall not apply to any officer or employe whose duties do not require him to work on Sunday.

71. The three Commissioners shall hear, and a majority of such

Commissioners shall determine, any appeal made by an employe against the adoption or confirmation of the advice or decision of the

officer at the head of his branch, with regard to his right to promotion, or with respect to any charge made against such employe, or with

respect to any penalty imposed by such officer; and may con firm or modi f y such decision, or make such order as they think fit; and their decision shall be final. Every such appeal shall be heard within thirty days from the date of the appeal being lodged with the Commissioners.

72. I f any officer or employe be convicted of any felony or infamous offence, or become insolvent, or apply to take the benefit of any Act now or hereafter to be in force for the relief of insolvent debtors, or, by any deed or other writing, compound with his creditors, make an assignment of his salary for their benefit, he shall be deemed to have vacated his office.

73. When any such officer or employe has vacated his office by reason of any such pecuniary embarrassment as aforesaid, i f he prove to the satisfaction of the Commissioners that such embarrassment has not been caused or attended by any fraud, extravagance or dishonorable conduct, they may reinstate such officer or employe in his former, or any other inferior, position in the Railway service.

71. The Commissioners shall

(i)	Keep a record of all persons in the Railway service, and shall	record therein the rank, position or grade, tho length of	service, salaries, and such other particulars with regard to
such persons as they think fit;
(n)	Cause entries to be made in such record of deaths, dismissals, resignations, promotions and reductions ;

( i n ) I n the month of June, in the year one thousand eight hundred and eighty-eight, and in each and every third year thereafter, publish in the Gazelle a list of persons employed in the Railway service up to the thirty-first day of December

of the preceding year.

75. The Commissioners shall make regulations—-

(i)   Eor prescribing the qualifications required of all candidates.

for permanent employment in each of the various branches

of the Railway service, and, if necessary, in each grade of
such branches.

(n) Eor the examination of candidates and the granting of

certificates to them.

( i n ) Eor determining the nature or character and extent of ex­ aminations or tests, according to the requirements of each of

tho

the higher grades in the Railway service, which employes in the lower grades, desiring to compete for and to he promoted to such higher grades, shall undergo.

(iv)  Eor regulating the relative rank, position or grade in the duties and conduct of the employes in each of the various branches of the Railway service; and for determining which

of such grades shall be deemed the higher and lower grades,

respectively, in such Railway service.

(v)   Eor regulating the duties to be performed by employes in the

Railway service, and the discipline to be observed in the

performance of such duties, the granting of leave of absence from time to time, and arranging for the performance of duties during holidays, and for affixing to breaches of such regulations, according to the nature of the offences, such penalties as by this Act are authorized.

(vi)  Eor regulating and determining the scale on which employes in the various grades of the Railway service shall insure their lives.

( v n ) Eor the hearing and determining of appeals.

(VIII)	Eor altering or repealing any rules or regulations madebefore the passing of this Act with regard to railways or tramways.
(ix)	Eor fixing the ages at which employes shall retire in the different branches of the Railway Service.

All such regulations, when confirmed by the Governor, shall have the

same force and effect as if they had been contained in this Act.

76. Nothing in this Act shall be held to, in any way interfere

with the right of any employe to sue the Commissioners in any Court

of Law, and this Act expressly reserves to every employe the right so

to sue should he so desire. I t shall not be within the powers of the Commissioners to agree with the employes in their service to contract themselves out of the provisions of any Act of Parliament, or to compel them to forego any civil rights to which any Act of Parliament entitles them.

77. No regulation which the Commissioners are by this Act empowered to make, in any way altering or annulling any privileges

or immunities, which their servants have previously enjoyed, or dealing

in any way with hours of work or wages shall have any force or effect until the same is confirmed by the Governor nor until the said regulation has been published in the Gazette one week.

b	78. The Commissioners shall not be deemed to be exempt from
liability to any action which might be brought against an employer

under the " Employer's Liability Act ."

79. The Commissioners shall in each annual report include a

list of all employes admitted to the Service since the date of the

former annual report, and likewise a list of all employes who may have left the Service during the like period, giving date of appoint­ ment, positions and rates of pay to which appointed, and date and cause of leaving in each case.

80. In all public inquiries and investigations into the cause of any accident the employes shall have the right to be represented by one
of their number, or by any person whom they may select to represent

their interests at such inquiry.

P A R T

P A R T V I .

Miscellaneous Provisions—Penalties—Procedure 8fC.

81. The Commissioners shall cause all weights, measures, scales,

balances, steelyards, beams and other weighing machines in use upon

any of the railways, or on any of the stations, piers, wharfs or jetties vested in the Commissioners, to be from time to time adjusted by some

officer appointed by the Commissioners, either on comparison with

authorized copies of the standard weights and measures made under the Act or Acts in force for the time being relating to AVeights and Measures, or otherwise as the case may be; but, save as aforesaid, nothing in the said Act or Acts contained shall apply to the railways

or to any station, pier, wharf or je t ty vested in the Commissioners.

82. The Commissioners shall publish the short particulars of the several offences, for which any penalty is imposed by this Act or

by any by-law of the Commissioners, affecting other persons than the

Railway officers or servants, and of the amount of every such penalty ;

and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall cause such board to be hung up or affixed in some conspicuous part of the principal place of business of the Commissioners. When any such penalties are of local appli­ cation they shall cause such boards to be affixed in some conspicuous
place in the neighbourhood to which such penalties arc applicable

or have reference ; and such particulars shall be renewed, as often as the

same or any part thereof is obliterated or destroyed; and no such penalty shall be recoverable, unless the requirements of this section have been complied with.

83. I f any person pull down or injure any board put up or

affixed, as required by this Act, for the purpose of publishing any

by-law or penalty; or shall obliterate any of the letters or figures thereon, he shall forfeit, for every such offence, a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board.

81. I f any person without reasonable excuse (proof whereof

shall lie on him) does any of the following things, namely :—•

(i)   Having been summoned and having had the expenses (if any) to which he is entitled tendered to him, fails to attend as a witness before a court holding an investigation under this

A c t ;

(n)	Pails, when required by such court, in pursuance of this Act

so to do, to make any answer or to give any return, or to

produce any document, or to make or sign any declaration;

( in ) Prevents or impedes such court in tho execution of their

duty;

he shall, for every such oll'cnce, incur a penalty not exceeding ten pounds; save that, in the case of a failure to give any return or produce any document, the said penalty shall not exceed ten pounds

for every day that such failure continues; and where the offence

consists of preventing or impeding as aforesaid, any member of such

court, or any person called by him to his assistance, may seize and detain the offender, until he can be conveniently taken before a Magistrate or two Justices to be dealt with according to law.
' 85. Before any person entrusted with the custody and control
of moneys, whether as collector, or other officer or servant of the Com­

missioners, enters upon his office, the Commissioners shall take suffi­ cient security from him for the faithful execution of his office; and

such security may be that of any incorporated company or guarantee
society approved by the Commissioners in the prescribed manner.

86. I f any collector- of tolls or other officer employed by the Commissioners 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 Commissioners or to any person appointed by them for that purpose, any station, dwelling-house, office

or other buildings with its appurtenances, or any books, papers or other
matters belonging to the Commissioners, 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 Commissioners to any Justice, such Just ice may order any constable, with proper

assistance, to enter upon such station or other building, and remove
any person found therein, and take possession thereof and of any such

books, papers or other matters, and to deliver the same to the Com­

missioners or to any person appointed by such Justice for that purpose.

87. Every officer or servant employed by the Commissioners

shall, from time to time, when required by the Commissioners, make out
and deliver to them or to any person appointed by them for that purpose,
a true and perfect account in writing, under his hand, of all moneys

received by him on behalf of the Commissioners, or by virtue of his

employment; and such account shall state how, and to whom, and

for what purpose, such moneys shall have been disposed of; and,

together with such account, such officer shall deliver the vouchers and receipts for such payments; and every such officer shall pay to the Commissioners, or to any person appointed by them to receive the same, all moneys Avhich shall appear to be owing from him upon the

balance of any such account.

88. I f any such officer as last aforesaid fail

(i) To render such account or

(n)	To produce and deliver up all the vouchers and receipts relat­ ing to the same in his possession or power or
( in )	To pay the balance thereof when thereunto required or

(iv)   Within three days after being thereunto required to deliver- up to the Commissioners or to any person appointed by them to receive the same, all papers and writings, property,

effects, matters and things in his possession or power relating

to the execution of this Act or belonging to the Com­
missioners ;—

Then, on complaint thereof being made to a Justice, such Justice shall

summon such officer to appear before a Magistrate, at a time and place
to be set forth in such summons, to answer such charge; and upon

the appearance of such officer, or in his absence, upon proof that such summons was personally served upon him. or left at his last known place of abode, such Magistrate may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such officer; and if it appear either upon confession of such officer, or upon evidence, or upon inspection of the account, that any public moneys which should be paid over to the Commissioners arc in the hands of such officer or owing by him, such Magistrate may order such

officer to pay the same; and if he fail to pay the amount it shall be

lawful for such Magistrate to grant a warrant to levy the same by distress, or if he think fit, to commit the offender to gaol for a period not exceeding three months.

89. i f any such officer or servant, on being so brought before such Magistrate and being required so to do, refuse to make out such account in writing, or to produce and deliver to the Magistrate the several vouchers and receipts relating thereto, or to deliver up any books, papers Or writings, property, effects, matters or things in his possession or power

belonging

belonging to the Commissioners, such Magistrate may lawfully commit such offender to gaol, there to remain until he shall have delivered up

all the vouchers and receipts (if any) in his possession or power relating
to such accounts, and shall have delivered up all hooks, papers, writings, property, effects, matters and things (if any) in his possession

or power belonging to the Commissioners, or which should be delivered

up to him by such officer or servant.
90. I f a Commissioner or any person authorized by a Com­ missioner shall make oath before a Justice that he has good reason to

believe, upon grounds to be stated in the deposition, and docs believe
that it is the intention of any such officer as aforesaid, to abscond, or that he has absconded, the Justice before whom the complaint is made, may, i f he think fit, issue a warrant in the first instance for the apprehension of such officer or servant to be brought before any Magistrate; but no person executing such warrant shall keep such

officer or servant in custody longer than twenty-four hours, or such

longer period as may be rendered necessary by the distance of the
place of apprehension from the residence of the nearest or most
convenient Justice, Avithout bringing him before some Justice ; and the Justice before whom such officer may be brought may either discharge such officer, if he think there is no sufficient ground for his detention, or order such officer to be detained in custody so as to be brought before such Magistrate, at a time and place to be named in such order, unless such officer give bail to the satisfaction of such

Justice for his appearance before such Magistrate to answer the said

complaint. Provided nevertheless that no such proceeding against, or dealing with, any such officer or servant as aforesaid, shall deprive tho Commissioners of any remedy which they might otherwise have against such officer or any surety of such officer.

91 . I f any person employed by the Commissioners

(i)   Exact, or take or accept on account of anything done by

virtue of his office or in relation to the functions of the Com­ missioners, any fee or reward whatsoever other than the salary, rewards or allowances allowed or sanctioned by Parliament, or

(n) Bo in anywise concerned or interested in any bargain or contract made by or on the behalf of the Commissioners, otherwise than as a member only, but not as a director or

officer, of any registered, incorporated or joint stock company

afterwards employed by the Commissioners, and shall also be guilty of	l i e shall be removed from office, and shall be incapable of being Avith whom any such bargain or contract may be made ;
a misdemeanour.

92. I f any person employed upon the railway or in repairing

and maintaining the works of the said railway shall

(i) Be found drunk whilst so employed upon the said railway; or

(u) Commit any offence against any of tho regulations or by-laws of the Commissioners, or

( in ) Wilfully, maliciously, or negligently do any act, or be guilty of any omission of duty, Avhereby the life or limb of any person passing along or being upon such railway or the works thereof, respectively, shall be or might be injured or endangered, or whereby the passage of any engine, carriage, or trains shall be or might be obstructed or impeded ;

I t shall be lawful for any railway officer or agent or any special
constable duly appointed, and all such persons as any of them may call to his assistance, to seize and detain such person so offending, or

any person counselling, aiding or assisting in such offence, and to

convey

convey him with all convenient dispatch before any Magistrate, with­
out any other warrant or authority than this Act, to be dealt with according to law ; and every person so offending as aforesaid, and every person counselling, aiding or assisting therein, shall, upon conviction

before such Magistrate (upon a complaint in writing), be imprisoned,

with or without hard labour, for any term not exceeding six months,

or shall forfeit any sum not exceeding fifty pounds, and in default of
payment thereof shall be imprisoned, with or without hard labour,

for such period, not exceeding six months, as such Magistrate shall

appoint.

93. I f any person shall

(i) Wilfully obstruct any person acting under the authority of the Commissioners in the lawful exercise of bis power or

(n) Pull up or remove any poles or stakes driven into the ground,

for the purpose of setting out any line of railway, or deface or

destroy any marks made for the same purpose, or

( i n ) Wilfully obstruct or impede any officer or agent of the Government or of the Commissioners in the execution of his duty upon any railway, or upon or in any of the stations or other works or premises connected therewith, or

(iv)   Wilfully trespass upon any such railway or any of the stations

or other works or premises connected therewith ;

Every person commiting any such offence, and all others aiding or

assisting therein, shall forfeit to the Commissioners a sum not

exceeding twenty pounds for every such offence.

94. I f any person shall

(i)   Throw any gravel, stones or rubbish, or any matter or thing upon any part of a railway, or

(n)	Drive or permit to wander, stray or be driven upon any such railway or the approaches thereto, any horse, ass, sheep, swine, or other beast or cattle of any kind, or
( i n )	Do any other act, matter or thing to obstruct the free passage
of any such railway or any part thereof ;

Such person committing any such offence, and all others aiding or

assisting therein, shall forfeit and pay for every such offence any-sum not exceeding fifty pounds, and, in default of payment thereof, shall

be imprisoned, with or without hard labour, for any period, not exceeding six months; and such penalty may be recovered before any
Magistrate on complaint to him for that purpose exhibited by any person on behalf of the Commissioners.

95. I f any Commissioner shall become in anyway concerned or

interested in any contract or agreement made by or on behalf of the Commissioners, or shall in anywise participate or claim to be entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom, he shall be guilty of a misdemeanour, and be liable, at the discretion of the Court, to a penalty not exceeding five hundred pounds, or to imprisonment for any term not exceeding three years, or to both such punishments.

90. I f any person, not being one of the persons entitled under

the provisions of this Act to claim, hold and use a free pass on the
railways

(i)   Shall travel or attempt to travel by virtue of any such free

pass, or

(n)	Shall at any time exhibit or show or carry any such free
pass pretending to be the rightful possessor thereof, he shall be guilty of a misdemeanour.

97. I t shall be lawful for any Railway officer or agent, and all
persons called by him to his assistance, to seize and detain any person

who shall have committed any offence against the provisions of this

Act,

Act, and whose name and residence shall he unknown to such officer or agent, and to convey him with all convenient dispatch before some

Magistrate, without any warrant or other authority than this A c t ; and such Magistrate shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender.

98. Where in this Act any question of compensation, expenses,

charges, damages or oilier matter is referred to the determination of a Magistrate or two Justices, any Justice may, upon the application of

either party, summon the other party to appear before a Magistrate or two Justices at a time and place to be named in such summons ; and upon the appearance of such parties, or, in the absence of any of them, upon proof of due service of the summons, such Magistrate or Justices may hear and determine such question, and for that purpose examine such parties or any of them and their witnesses on oath : and the cost

of every such inquiry shall be in the discretion of such Magistrate or
Justices, and he or they shall determine the amount thereof.

99. Every penalty or forfeiture imposed by this Act or by any

by-law made in pursuance thereof, the recovery of which is not other­ wise provided for, may be recovered by summary proceedings before any Magistrate according to " The Justices' Act of 1 8 5 0 " and the several Acts incorporated therewith. And where any such penalty so recovered or when; any sum of money payable under this Act shall not

be paid either immediately after conviction or adjudication or within
the time appointed thereby, payment may be enforced by distress and sale of the offenders' or defaulters' <>'Oods and chattels in the manner provided by the said Act.

100. I f through any act, neglect or default whereby any person shall have incurred any penalty imposed by this Act, any damage to any railway or other property vested in the Commissioners shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty; and the amount of such damages shall in case of dispute be determined by the Magistrate

or Justices by whom the party incurring such penalty shall have been convicted; and on non-payment of such damages on demand the same

shall be levied by distress, and such Magistrate or Justices shall issue

his or their warrant accordingly.

101. I f any party shall feel aggrieved by any determination

or adjudication of any Justice or Justices under the provisions of this Act, such party may appeal to the General or Quarter Sessions for the
district or place in Avliich the cause of appeal shall have arisen; but

no such appeal shall be entertained unless it be made within four	months next after the making of such determination or adjudication,
nor unless ten days notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant, forthwith after such notice, enter into recognizances, with two sufficient sureties, before a Justice, conditioned duly to prosecute such appeal and abide the order of the Court thereon.
102. At the General or Quarter Sessions for which such notice shall be given the Court shall proceed to hear and determine the appeal in a summary way, or they may, if they think lit, adjourn it to the following Sessions ; and upon the hearing of such appeal the Court may, if they think lit, mitigate any penalty or forfeiture, or they may
confirm or quash the adjudication and order any money paid by the
appellant or levied by distress upon his goods to be returned to him, and also may order such further satisfaction to be made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable.

103. Any summons, notice, writ, process, or document required to be served on the Commissioners pursuant to any Act or to any by-law or regulation, may be served upon the Solicitor to the

Commissioners.

104. All actions to be brought against the Commissioners

or against any person for anything done or purporting to have been
done under this Act shall be commenced within one year after the

act complained of was committed;

(i)   No action shall be commenced against the Commissioners or any person for anything done or purporting to have been done by them or him under this Act, until one month, at

least, after a notice in writing of such intended action shall
have been delivered to them or him, or left at their or his usual place of business, or at the office of the Solicitor for
Railways, by the party intending to commence such action, or by his attorney or agent, in which said notice the cause

of action and the Court in which the same is intended to
be brought shall be clearly and explicitly stated, and upon

the back thereof shall be indorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the attorney or agent,

if such notice shall have been served by such attorney or
agent.

(n) A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the Judge

before whom the action is tried shall be of opinion that the

defendant in the action has been prejudiced in his defence

by such defect or inaccuracy.

( i n ) The defendant in every such action may plead the general issue, and at the trial thereof give this Act and the sjoecial

matter in evidence.

105.    I f any person shall have committed any irregularity, trespass

or other wrongful proceeding in the execution of this Act or by virtue
of any power or authority hereby given, and if before action brought in

respect thereof such person make tender of sufficient amends to the person injured, such lastmentioned person shall not recover in any such

action; and if no such tender shall have been made, the defendant
may, by leave of the Court where such action shall be pending, at any time before issue joined, pay into Court such sum of money as he shall think fit, and thereupon such proceedings shall be had as in.

other cases where defendants are allowed to pay money into Court.

106. Nothing in this Act shall prejudice or affect any officer or

cmploy6 in the Railway or Tramway service who has been a contri­
butor to the Superannuation Account, in respect of his right to any compensation or retiring alloAvance under the provisions of the Civil

Service or any other Act, or to any other rights, privileges and im­
munities thereunder.

107. Upon the abolition of the office of Commissioner for Rail­

ways, the person holding that office at the time of such abolition shall

be entitled to a retiring allowance equal to three-fourths of his salary

as such Commissioner. But , in the event of the said Commissioner accepting any office of profit under the Crown, such retiring allowance shall merge, or be reduced pro tanto during his tenure of such office, iccording as the salary or emoluments of the same are greater or less than such retiring allowance.

S C H E D U L E

SCHEDULE A.

OFFICES entitling persons to free passes for life:—

([) The position of (a) head of an Administration or of Prime Minister, held for two years consecutively or in tho aggregate ; (A) The position of n Member

of the Executive Council, so held for four years.

( I L ) The office of—•

(a) Chief Justice, held for three years.

(b) Lieutenant-Governor, held for one year.

(<•) President of the Legislative Council, held for one year.

(it) Speaker of the Legislative Assembly, held for one year.