Railways Act 1855 No 32a (NSW)

No. XXXII.

R ailways. An Act to make further provision for the Eegu-

lation of Eailways. [30th November, 1855.]

Preamble. "1T7 HERE AS by an Act passed in the eighteenth year of the reign

18V1C. No. 40. y Y of Her present Majesty number forty it was enacted that it should be lawful for the Governor by and with the advice of the Executive Council in the name and on behalf of Her Majesty to pur­ chase the Eailways and other works with all their buildings lands and appurtenances whatsoever belongmg to the Sydney Railway Company

, .. and the Hunter River Railway Company respectively or either of them and temporary provision was thereby made for the construction by the Government of Railways in the Colony of New South Wales And whereas the Governor Avith the advice of the Executive Council has purchased of the said Companies respectively the Railways and all other property whatsoever belonging to them and the same are now vested in the Commissioners for Railways appointed, under the autho-

' rity of the said Act And whereas the existing provisions for the regu­ lation of Railways are iibsufficient and it is therefore expedient to make further provision for that purpose until a more complete measure shall

have

1855. 19° VIO. Ko. 32. 3001

Railways.

have been passed by the Legislature Be it therefore enaeted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows :—

1. The provisions of the said recited Act and of the Acts incor- Pro-risions of this

porated therewith and of this Act shall be construed together as one “ t̂ reartogtther*

Act except so far as the provisions of the said recited Act or any Act

incorporated therewith shall he inconsistent with the provisions of this

Act.

2. It shall he lawful for the Commissioners to use and employ Commissioners to

locomotive engines or other moving power and carriages and wagons	locomotives
to ho drawn or propelled thereby and to carry and convey upon the
Railways all such passengers and goods and other property as shall be
olfered to them for that purpose and to make such reasonable charges
in respect thereof as they may from time to time determine upon and

a separate and distinct account shall he kept by the Commissioners of	,
all moneys received under tlie authority of this enactment.

3. Nothing in this Act contained shall extend to charge °r Ojimmission̂

make liable the Commissioners further or in any other case than where grertcrextent than

according to the laws of this Colony stage-coach proprietors and‘ommon carriers,

common carriers would be liable nor shall extend in any degree to

deprive the Commissioners of any protection or privilege which com­

mon carriers or stage-coach proprietors may be entitled to but on the

contrary the Commissioners shall at all times be entitled to the benefit

of every such protection and privilege.

4. Upon payment of the tolls from time to time demandable all companies and persons shall be entitled to use the Railways subject nevertheless to tin; regulations to be from time to time made by the Commissioners by Aurtue of the powers in that behalf hereby con­ ferred upon them. onoU

5.   A list of all the tolls which the Commissioners shall from time exhihfted upon a''

to time direct and appoint to bo taken shall be pul)lishcd by the same board,

being painted upon one toll-board or more in distinct black letters on

a white ground or Avhitc letters on a black ground or by the same

being printed or written in legible characters on paper aflixed to such

board and by such board being exhibited in some conspicuous place on

the stations or places Avhere such tolls shall be made payable and if

any person wilfully pull doAvn deface or destroy any such board he

shall forfeit a sum not exceeding ten pounds for every such offence.

6. The tolls shall be paid to such persons and at such places and in such manner and under such regulations as the Commissioners ‘ '

shall appoint. ^

7. I f any person travel or attempt to travel in any carriage of Comiity on passen- the Commissioners or of any company or party using the Railway frauds'oif tbe Com- without having ];reviously paid his fare and with intent to avoid pay- missioncis.

ment thereof or if any person having paid his fare for a certain distance knowingly and Avilfully 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 if any person knowingly and wilfully refuse or neglect on arriving at the point to which he has paid his fare to qnit such cainiage every such person shall for every such offence forfeit to the Commissioners a sum not exceeding forty shillings.

8. I f any person be discovered either in or after committing or i*«tention of ofl’enders.

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 law­ fully 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.

. 9.

3002 No. 32. 190 YIC. 1855.

Hailimys.

Pon:iIty for bringing

dangerous goods on	9. No person shall be entitled to carry or to require the Com­ missioners to carry upon the Railway any aqua fortis oil of vitriol gunpowder lucifer matches or any other goods which in the judgment of the Commissioners may be of a dangerous nature and if any person send by the Railway any such goods without distinctly marking their nature on the outside of the package containing the same or otherwise giving notice in writing to the book-keeper or other servant of the Commissioners witli whom the same are left at the time of so sending he shall forfeit to the Commissioners a sum not exceeding fifty pounds for every such offence and it shall he lawful for the Commissioners to refuse to take any parcel that they may suspect to contain goods of a dangerous nature or require the same to be opened to ascertain the fact.
the Kailwa3'.
ComLiiissioncrs to

regulate the use of 10. It shall be laAvful for the Commissioners from time to time

the Railway. to make regulations for the following purposes (that is to say) :—

Eor regulating the mode by which and the speed at which car­

riages using the Raihvays 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 wRich they are respectively to carry

For regulating the receipt and delivery of goods and otlier

things whieh are to be conveyed upon such carriages

For preventing the smoking of tobacco and the commission of any other nuisance in or upon sueh carriages or in any of the stations or premises occupied by the Commissioners

And generally for regulating the travelling upon or using and working of the Railways and the maintenance of good order and the protection of the Railways and other works from trespass and injury and for regulating the conduct of the officers and servants of the Commissioners and for the providing for the due management of the affairs of the Commissioners.

Power to make regu­

lations by by-laws.	11. For better enforcing the observance of all or any of such regulalions it shall be lawful for the Commissioners subject to the provisions herein contained to make by-laws and from time to time to repeal or alter such by-laws and make others Provided that such by-laws be not repugnant to the laws of this Colony or to the pro­ visions of this Act and such by-laws shall be reduced into writing and shall have affixed thereto the common seal of the Commissioners and any person offending against any such by-law shall forfeit for every such offence any sum not exceeding ten pounds to be imposed by the Com­ missioners in such by-laws as a penalty for any such offence and if the infraction or non-observance of any such by-law or other such regulation as aforesaid be attended with danger or annoyance to the publie or hindrance to the Commissioners in the lawful use of the Railways it shall be lawful for the Commissioners summarily to inter­ fere to obviate or remove such danger annoyance or hindrance and that without pro'judice to any penalty incurred by the infraction of any such by-law.
Publication of by­
laws.	_ 12. A ll such by-laws shall be published three times at the least in the Government Gazette and in one or more newspapers pub­ lished in the City of Sydney and when so published shall be binding upon and be observed by ail parties and shall be sufficient to justify all persons acting under the same.
Commissioners

T ower to lease the 13. It shall be lawful for the Commissioners if they shall deem

Railway. it expedient so to do with the consent of the Governor and his Execu­ tive Council to lease the Railways or any of them or any part thereof to any person willing to accept the same at such rate and for such

period

1855. VIC. No. 32. 3003

Hailways.

period not exceeding three years as shall he agreed on and the lease to he executed shall contain all usual and proper covenants on the part of the less(ic for maintaining the Hailways or the portion thereof comprised in such lease in good and efficient repair and working con­ dition during the continuance thereof and for so leaving the same at the expiration of the term thereby granted and such other provisions (!onditions covenants and agreements as are usually inserted in leases of a like nature Provided always that no such lease shall contain any authority for or he construed to authorize any assignment transfer or under-lease of the said Railways or demised pr(!inises or any part tliereof ivithout the assent of the said Commissioners testified hy their joining in sueh assignment transfer or under-lease.

11. Such lease shall entitle the lessee to the free use of the powers vested in tiie llailway or portion of llailwav comprised therein and durincr the Commissioners m ,y X . hp . PY*>rpi<5pH n v f l i p

p I T Tl J l " 1 * *1 i 1 j UO CA\ IClPdl l-'J' CIIL/

continuance of any such lease all the powers and privileges granted to lessee.

,

and which might otherwise he exercised and enjoyed by tlic Com­ missioners or tlieir officers agents or servants hy virtue of this A d with regard to the possession enjoyment and management of the llailway or the part thereof comprised in such lease and the tolls to be taken thereon shall be exercised and enjoyed hy the lessee and the offictu’s and servants of such lessee under the same regulations and restrictions as are by tliis or the said recited Act imposed on the Com­ missioners and their officers and servants and such lessee shall with respect to the llailway comprised in such lease be subject to all the obligations hereby imposed on the Commissioners Provided also that no by-law made hy any lessee for the breach of which any penalty is affixed or imposed shall have any force or validity until the same shall have been approved of hy the Commissioners and notice of such approval shall he given in the Government Gazette and newspapers in which such by-laws shall be published pursuant to the provisions of this Act.

15. I f any person Avilfully obstruct any person acting u n d e r Peimity for obstmet-

the authority of the Commissioners in the laAvful exercise of their poAver in setting out or in making any line of llailway or pull up or remove any poles or stakes driven into the ground for the purpose of so setting out any line of llaihvay or deface or destroy any marks made for the same purpose or shall Avilfully obstruct or impede any officer or agent of the Commissioners in the execution of his duty upon any llaihvay or upon or in any of the stations or other Avorks or premises connected therewith or if any person shall Avilfully trespass upon any such llaihvay or any of the stations or other Avorks or premises thcrcAvitli and shall refuse to quit the same upon request to him made hy any officer or agent of the CommissionoPs every such person so offending and all others aiding or assisting therein shall forfeit a sum not exceeding ten pounds for every sueh offence.

16. I f any person shall throAV any gravel stones or rubbish or Penalty on pmsons any matter or thing upon any part of any llaihvay or shall drive or 000̂ 0̂"luilway- permit to Avander stray or he driven upon any such llaihvay or the

approaches thereto any horse ass sheep sAvine or other beast or cattle of any kind or shall Avilfully obstruct hinder or prevent any person in the execution of this Act or shall do any other act matter or thing to obstruct the free passage of any such llaihvay or any part thereof every person so offending in any of the cases aforesaid shall forfeit and pay for every such offence any sum not exceeding fifty pounds and such penalty may ho recoA êred before any tAvo Justices of the Peace on complaint to them for that purpose exhibited hy any person on behalf of the said Commissioners.

1 7 . I f any person shall Avilfully and maliciously put place cast Persons wiifniiy n-i •! *' 1 j X L plncing wood (AC. on

or tliroAV^upon or across any llailway any wood stone or otner matter Kaiiways taking up

3004 No. 32. YIO. 1855.

Hailways.

Railways and turning 01' thing 01’ shall wilfully and maliciouslv take up remove or displace

hlg*̂ sign!us &̂ wTth sleeper or other matter or thing belonging to any Eailway or

intent to commit	shall wilfully and maliciously turn move or divert any points or other
m endangeî tĥ ̂	machinery belonging to any Eailway or shall Avilfully and maliciously
safety of persons	make Or sliCAV hide or remoA'c anv signal or licrht upon or near to any

^ ' Eailway or shall Avilfully and maliciously do or cause to he done any other matter or thing with intent in any of the cases aforesaid to obstruct upset overthrow injure or destroy any engine tender carriagti or truck using such EailAvay or to endanger the safety of any person travelling or being upon such Eaihvay every such offender shall he guilty of felony and being convicted thereof shall be liable at the dis­ cretion of the Court to be sentenced to hard labor on the roads or other public works of this Colony for any term not exceeding ten years or to be imprisoned Avith or without hard labor in any gaol or

' house of correction.

If any person shall18. I f any person shall AAuEully and maliciously cast throAv or

anŷ ilihlayram̂ ̂ causc to fall Or stilkc agaiiist into or upon any engine tender carriage

with intent to 01’ ti’iick uscd ujioii any Eailway any AÂ ood stone or other matter or

of any^perfon thcrem witli intent to cndangci' the safety of any person being in or

such person to bo	upou such engine tender carriage or truck every such offender shall
gm ty o e ony.	guilty of fclony and being convicted thereof shall be liable at the discretion of the Court to be sentenced to hard labor on the roads or other public Avorks of this Colony for any term not exceeding ten years or to be imprisoned Avith or AAdthout hard labor in any gaol or house of correction.

Any Pierson wilfully 19. I f any pcrsou shall Avilfully and maliciously set fire to any Railway b'taUon to ho station ciiginc-house Avarehouse or other building belonging or apper-

giiuty of felony. taming to any Eaihvay or shall wilfully and maliciously set fire to any goods or chattels being in any building the setting fire to which is felony every such offender shall be guilty of felony and being convicted thereof sliall bo liable at the discretion of the Court to be sentenced to hard labor on the roads or other public works of this Colony for any term not exceeding ten years or to be imprisoned with or Avithout hard labor for any time not exceeding three years in any gaol or house of correction.

?cst™yrgwSL&c. .

.20- I f any person^ shall wilfully and maliciously and to the prejudice of the Commissioners break injui’c damage throw doAAm or destroy any part of the Eaihvay or other Avorks connected thercAAith every such person shall be judged guilty of misdemeanor and every person so offending and being thereof lawfully conA’icted shall be liable at the discretion of the Court to be sentenced to hard labor on the roads or other public works of this Colony for any term not exceeding ten years nor less than three years or to be imprisoned Avith or Avithout hard labor in any gaol or house of correction for any period not exceeding three years.

Piinisiimont of 21. It shall be lawful for any officer or agent of the Commis-

Railway guilty of sioncrs or lor any special constable duly appointed and all such

misconduct. pci’sons as they may call to their assistance to seize and detain any

engine-driver wagon-driver guard porter servant or other person employed by the Commissioners or hy any company or person in con­ ducting traffic upon the Eaihvays belonging to the Commissioners or in repairing and maintaining the works of the said Eailways Avho shall be found drunk Avhilst so employed upon the said Eaihvay or Avho shall commit any offence against any of the regulations or by- laAvs of the Commissioners or who shall wilfully maliciously or negligently do or omit to do any act whereby the life or limb of any

. person passing along or being upon such Eailway or the Avorks thereof respectively shall be or might be injured or endangered or whereby the passage of any engine carriage or trains shall be or might he

. obstructed

1855. 19« YIO. ¥o . 32. 3005

Railways.

obstructed or impeded and to convey such engine-driver guard porter

servant or other person so offending or any person counselling aiding

or assisting in such offence with all convemient dispatch before sonn*

Justice of the Peace without any other warrant or authority than this	,
Act and every person so oflfending as aforesaid and every person counselling aiding or assisting therein shall upon conviction before such Justice (upon a complaint without information in writing) in the discretion of such Justice he imprisoned with or without hard ,
labor for any term not exceeding six months or shall in the like dis­ cretion forfeit any sum not exceeding fifty pounds and in default of payment thereof shall he imprisoned with or without hard labor for such period not exceeding six months as such Justice shall appoint unless the penalty he sooner paid.

22. Every penalty or forfeiture imposed hy this Act or hy any penalties to Le sunw

by-law made in pursuance thereof the recovery of which is not other- maiiiy lecuyeieci L V n p f n r p T W O

Wise provided lor may be recovered by summary proceedings before two Justices under pursuant and subject to the provisions of “ The Justices Act of 1850” and the several Acts incorporated therewith.

23. I f through any act neglect or default on account whereof Damage to be maiiu

any person shall have incurred any penalty imposed hy this Act any

damage to the property of the Commissioners shall have been com­

mitted hy such person he shall he liable to make good such damage

as well as to pay such penalty and the amount of such damages shall

in case of dispute he determined hy the Justices hy whom the party

incurring such penalty shall have been convicted and on non-payment

of such damages on demand the same shall be levied hy distress and	•
such Justices or one of them shall issue their warrant accordingly.

21. It shall he laAvful for any officer or agent of the Commis- Tiansient offenders,

sioners 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 and whose name and residence shall he unknown '

to such officer or agent and convey him with all convenient dispatch l)efore some Justice without any warrant or other authority than this Act and such Justice shall proceed with all convenient dispatch to the hearing and determining of the complaint against such offender. ,

25. I f any party shall feel aggrieved hy any determination or I’.nties allowed to adjudication of any Justice with respect to any penalty or forfeiture scSns°on gWhlg under the provisions of this Act such party may appeal to the General security.

Quarter Sessions for the district or place in which the cause of appeal shall have arisen hut no such appeal shall he entertained unless it he 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 he 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 to abide the order of the Court thereon.

2G. At the Quarter Sessions for which such notice shall he Court to make such

given the Court shall proceed to hear and determine the appeal in a

summary way or they may if they think fit adjourn it to the following

Sessions and upon the hearing of such appeal tin; Court may if they

think fit mitigate any penalty or forfeiture or they may confirm or	'
quash the adjudication and order any money paid by the appellant or levied hy distress upon his goods to he returned to him and also may order such further satisfaction to ho made to the party injured as they may judge reasonable and they may make such order concerning the costs hotli of the adjudication and of the appeal as they may think reasonable.

No. X X X III.