Railways Amendment Act 1881 (WA)

WESTERN A_USTRALIA.

ANNO QUADRAGESIMO QUARTO

''‘

No. XVII.

AN ACT to -make further provision for the

Management aid Working of Railways.

[ Assented to, 7th April, 1881. ]

77THEREAS it is expedient to make further provision for the

Management and Working of Railways, and to confer upon

the Commissioner of Railways still further powers in the making

of Regulations and By-Laws than have been conferred upon him by

" The Railways Amendment Act, 1879," and otherwise to amend

the Laws relating to Railways: Be it therefore enacted by His

Excellency the Governor of Western Australia and its Depend-

encies, by and with the advice and consent of the Legislative

Council thereof, as follows:—

1 THIS Act may be cited for all purposes as "The Railways short Title.

Amendment Act, 1881.."

2 SECTION thirty-three of " The Rail nays Act, 1878," and Repeal of s. 33, and portion

the words " but if the sum awarded shall be one-fourth less than the of s. 20 of 42 V. 31

amount

2   44° VICTORI1E, No. 17.

Railways A92zendment Act, 1881.

amount claimed, the whole costs of and incident to the arbitration and award shall be borne by the claimant, and the arbitrators shall direct the payment of the same accordingly," occurring in the twentieth section of the same Act, are hereby repealed.

3 THIS Act shall be deemed to be incorporated with "The

Acts to be read together.

Railways Act, 1878," and " The Railways Amendment Act, 1879,"

and the three Acts shall be read together as one Act.

A LIST of all the tolls which the Governor in Council shall from time to time direct and appoint to be taken shall be published by the same being painted upon one toll board or more in distinct black letters on a white ground or white letters on a black ground, or by the same being printed or written in legible characters on. paper affixed to such board, and by such board being exhibited in some conspicuous place on the stations or places where such tolls shall be made payable.

List of tolls to be e, 4

hibited on a board.

5 NO tolls shall be demanded or taken by the Commissioner

Tolls to be taken only for the use of the Railway during any time at which the boards whilst board exhibited.

hereinbefore directed to be exhibited shall not be so exhibited ; and if any person wilfully pull clown, deface, or destroy any such board

Or any milepost on the line of such Railway, he shall forfeit a sum

not exceeding Five pounds for every such offence.

Tolls to he paid as directed. 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 Commissioner shall, subject to law, direct.

® EVERY person being the owner or having the care of any

Account of lading lc., , ,

be given. goods passing or being upon the 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 goods shall have travelled or be about to travel, an exact account in writing, signed by him, of the number or quantity of goods which have been conveyed, and of the point on the Railway from which such goods have set out or are about to set out, and at what point the same are intended to be unloaded or taken off the Railway ; and if the goods which have been so conveyed or brought for conveyance as aforesaid be liable to the payment of different tolls, then such owner or other person shall specify the respective numbers or quantities thereof liable to each or any of such tolls.

440 VICTORLE, No. 17. 3

Railways Amendment Act, 1881.

IF any such owner or other such person fail to give such Penalty for not giving ac-

pounds for every ton of goods or for any parcel not exceeding one hundredweight, and so in proportion for any greater quantity of goods than one ton or for any parcel exceeding one hundredweight (as the case may be) which shall so be in his charge, and such penalty shall be in addition to the toll to which such goods may be

account or to produce his way-bill or bill of lading to such collector count of lading.

or other officer or servant of the Commissioner demanding the same,

or if he give a false account, or if lie 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

liable.

9 IF any dispute arise concerning, the amount of the tolls due Disputes as to amount of

to the Commissioner, or concerning the charges occasioned by any tons chargeable.

detention or sale thereof under the provisions of the law, the same

shall be settled by a Justice of the Peace, and it shall be lawful for

the Commissioner in the meanwhile to detain the goods or (if the

case so require) the proceeds of the sale thereof.

10 IF any difference arise between any toll-collector or other

examining ; but if such goods appear to be of the same or less weight or quantity than, and of the same nature as, shall have been stated in such account, then the Commissioner shall pay such costs, and he shall also pay to such owner or person having charge of such goods such damage (if any) as shall appear to any Justice of the Peace, on a summary application to rum for that purpose, to have arisen from such detention.

officer or servant of the Commissioner and any owner of, or person Disputes as to weights, &c.

having the charge of, any goods conveyed or to be conveyed,

respecting the weight, quantity, quality, or nature of such goods,

such collector or other officer may lawfully detain such goods and

examine, weigh, gauge, or otherwise measure the same ;, and if upon

such measuring or examination such goods appear to be of greater

weight or quantity or of other nature than shall have been stated in

the account given thereof, then the person who shall have given

such account, or the owner of such goods, shall, at the option of the

11 IF at any time it be made to appear to any Justice of the such to be liable

Peace upon the complaint of the Commissioner that any	wrongful	, ul detention of
detention, measuring, or examination of any goods as hereinbefore goods. mentioned, was without reasonable ground, or that it was vexatious

on

AA° vicfoRp,

4   No. 17.

Railways Amendment Act, 1881.

on the part of such collector or other officer, then the collector or other officer shall himself pay the costs of such detention, measuring, and examination, 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 Justice shall issue his warrant accordingly.

Penalty on persons omit- 12 IF any person omit to shut and fasten any gate set up at

ting to fasten gates.	either side of the Railway as soon as lie and the carriages, cattle, or other animals under his care have passed thietuegeleiditillige same, he shall forfeit for every such offence any sum not x
Twenty pounds.

Penalty on passengers 13 IF any person travel or attempt to travel in any carnage

practising frauds on the

employed on the Railway without having previously paid Ms fare,

Commissioner.

and with intent to avoid payment thereof, or if any passenger by any railway do not produce or deliver up his ticket when required. or if any person having paid his fare for a certain distance know- ingly and wilfully proceed in any such carriage beyond such distance without previously paying the additional fare for the additional dis- tance, and with intent to avoid payment thereof, or if any person knowingly and wilfully refuse or neglect on arriving at the point to which lie has paid his fare to quit such carriage, every such person shall for every such offence forfeit to the Commissioner, on behalf of Her Majesty, a sum not exceeding Forty shillings.

Detention of offenders. 14 IF any person be discovered either in or after committing, or

attempting to commit, any such offence as in the preceding section mentioned, all officers and servants and other persons on behalf of the Commissioner, and all constables, gaolers, and peace officers may lawfully apprehend and detain such person until he can conveniently be proceeded against as by this Act is provided, or until lie be other- wise discharged by clue course of law.

Penalty for bringing danger- 15 NO person shall be enl-ifled to carry or to require the

ous goods on the Railway.	Commissioner to carry upon the Railway any aquafortis, oil of vitriol, gunpowder, lucifer matches, or any other goods which, in the
judgment of the Commissioner or his officers, may be of a dangerous
nature ; and if any person send by 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 Commissioner with whom the same are left at the time of so sending, he shall forfeit to the Commissioner, on behalf of Her Majesty, a sum not exceeding Fifty pounds for every such offence ; and it shall be lawful for the

Commissioner

440 VICTORLE, No. 17. 5

Raibmws Amendment Act, 1881.

Commissioner to refuse to take any parcel that he may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.

18 IF any person wilfully obstruct any person acting under the Penalty for obstructing con-

authority of the Commissioner in the lawful exercise of his power in

struction of Railway.

setting out or in making any line of Railway, or pull up or remove any poles or stakes driven into the ground for the purpose of so setting out any line of Railway, or deface or destroy any marks made for the same purpose, or shall wilfully obstruct or impede any officer or agent of the Government or of the Commissioner 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 if any person shall wilfully trespass upon any such Railway or any of the stations or other works or premises connected therewith, every such person so offending, and all others aiding and assisting therein, shall forfeit to the Commissioner, on behalf of Her Majesty, a sum not exceeding Twenty pounds for every such offence.

17 I} any person shall throw any gravel, stones, rubbish, or Penalty for obstructing free

timber, or any matter or thing upon any part of a Railway, or shall course of Railway.

drive or knowingly 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 shall do any other act, matter.

or thing to obstruct the free passage of any such Railway, 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 in default of payment thereof shall be imprisoned, with

or without hard labor, for any period not exceeding six months,

unless the said penalty shall be sooner paid ; and such -penalty may

be recovered before, or such imprisonment may be inflicted by, any

two Justices of the Peace, on complaint to them for that purpose

exhibited by any person on behalf of the Commissioner. Provided

always that this section shall not apply in the case of any horse, ass,

sheep, swine, or other beast or cattle of any kind depasturing on

lands adjoining any Railway or part of a Railway, not enclosed by a

"sufficient fence" within the meaning of "The Trespass Act, 1872."

18 IF any person pull clown or injure any board put up or

affixed as required by .this Act for the purpose of publishing any p emay for defacing boards	used for publication.
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.

6   44° VICTOR-ILE, No. 17.

Railways Amendment Act, 1881.

Punishment fur destroying

1 9 IF any person shall wilfully and maliciously, and to the prejudice of the public, break, injure, damage, throw down or destroy any part of any Railway or other works connected therewith, every such person shall be judged guiltyof mis- demeanour ; and every person so offending, and being thereof lawfully convicted, shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, for any period not exceeding two years.

works.

employed On RailwayPunishment fur persons any special constable duly appointed, and all such persons as they 20 IT shall be lawful for any Railway officer or agent, or for

guilty of misconduct. may call to their assistance, to seize and detain any engine drivei,

wagon driver, guard, porter, servant, or other person employed upon the Railway, or in repairing and maintaining the works of the said Railway, who shall be found drunk whilst so employed upon the said Railway, or who shall commit any offence against any of the regu- lations or by-laws of the Commissioner, or who shall wilfully, maliciously, or negligently do any act, or shall be guilty of any omission of duty, whereby 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. 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 convenient despatch before any two or more Justices of the Peace without 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 Justices (upon a complaint in writing), in the discretion of such Justices, be imprisoned, with or without hard labor, for any term not exceeding six months, or shall, in the like discretion, forfeit any sum not exceeding Fifty pounds, and in default of payment thereof shall be imprisoned, with or without hard labor, for such period. not exceeding six months, as such Justices shall appoint, unless the penalty be sooner paid.

21

THE Commissioner 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 Commissioner 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

Publication of penalties.

of

44° VICT R11 X No. 17. 7

Railways Amendment Act, 1881-

of business of the Commissioner ; and where any such penalties are

of local application shall cause such boards to be affixed in some conspicuous place in the immediate neighborhood to which such penalties are 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 it shall have been published and kept published in the manner hereinbefore required.

22 ALL sums of money exceeding Twenty pounds which may As to purchase money pay-

be payable by the Commissioner in respect of the taking„ using, or	able to parties under dis-
interfering with any lands under a Contract or Agreement with	ability
any person who shall not be entitled to dispose of such lands or of
the interest therein contracted to be sold by him, absolutely for his
own benefit, shall be paid to the Master of the Supreme Court, to
be by him deposited as directed by section thirteen, or to Trustees
in manner directed by section fifteen of " The Railways Amendment
Act, 1879 "; and it shall not be lawful for any contracting party
not entitled as aforesaid to retain to his own use any portion of the
sinus so agreed or contracted to be paid for or in respect of the taking,
using, or interfering with any such lands, but all such monies shall
be deemed to have been contracted to be paid for and on account
of the several parties interested in such lands as well in possession
as in remainder reversion or expectancy : Provided always, that it
shall be in the discretion of the Supreme Court or the said Trustees,
as the case may be, to allot to any tenant for life or for any other
partial or qualified estate, for his own use, a portion of the sum so	Portions may be allotted in
paid to the Master of the Supreme Court or to such Trustees as	certain cases.
aforesaid, as compensation for any injury, inconvenience, or annoy- ance, which he may be considered to sustain, independently of the actual value of the lands to be taken, and of the damage occasioned to the lands held therewith, by reason of the taking of such lands and the making of the works.

23 NO Justice of the Peace holding any appointment, or Justices of the Peace em-

otherwise employed in connection with any railway, shall have or	ployed in connection withRailways disqualified to
exercise any jurisdiction under "The Rainy ays Act, 1878," "The	adjudicate under Railways
Railways Amendment Act, 1879," or this Act.	Acts.'

24 EVERY penalty or forfeiture imposed by this Act or by Recovery of penalties.

any by-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceedings before two Justices of the Peace according to an Act passed in the fourteenth year of Her Majesty, No. 5, intituled " An Ordinance to

facilitate

8   44° VICTORIX, No. 17.

Railways Amendment Act, 1881.

facilitate the performance of the duties of Justices of the Peace out of Sessions within the Colony of Western Australia, with respect to Summary Convictions and Orders," and according to any other Act or Acts relating to summary proceedings before Justices of the Peace which may be in force for the time being.

Appeal. 25 IF any party shall feel aggrieved by any determination or

adjudication of any Justice or Justices with respect to any penalty or forfeiture under the provisions of this Act, such party may appeal from such determination or adjudication to the Supreme Court. Provided always that notice of such appeal shall be given to the convicting Justice or Justices within three weeks, and that such appeal shall be entered for hearing within two months after such determination or adjudication.

26 WHEREVER the word " Railway " is used in this Act it

In terpretation clause. shall be construed to extend to any Railway, or branch or extension of any Railway, constructed or worked under the provisions of this Act, and intended for the conveyance of passengers and goods in or upon carriages drawn or impelled by engines or any other locomotive power.

The word " Toll " shall include any rate or charge or other payment payable for any passenger, animal, carriage, goods, merchandise, articles, matters, or things conveyed on the Railway.

The word " Goods " shall include things of every kind

conveyed upon the Railway.

In the name and on behalf of the Queen I hereby assent to

this Act.

WILLIAM C. F. ROBINSON, Governor.

By Antal°, ity : RICHARD PETHmt, Clove Perth.