Railways and Electric Telegraph Protection Act 1871 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO QUARTO

VICTORDE REGINA,.

******* *

No. XIX.

AN ACT to make provision for the more effectual pro-

tection of Railways and Electric Telegraphs.

[ 12th January, 1871. ]

HEREAS it is expedient to make provision for the protection Preamble.

of persons who may injure or destroy the, same ; Be it thereforeWof Railways and Electric Telegraphs, and for the punishment

enacted, by His Excellency The Governor of Western Australia and its. Dependencies, by and with the advice and consent of the Legislative Council 'thereof :—

1 THAT if any person shall wilfully and maliciously remove,

down, injure, destroy, or damage any Railway or :A-317 person wilfully clamag- wiegtar guilty or Electric

Electric

Electric Telegraph, which shall be or may have been lawfully

h uilty of a mis-

erected, or any rails, sleepers, switches, points, fences, embankments, demeanor.

drains, carriages, timber, matters or things, of or belonging to, or

connected with any Railway ; or any post, wires, insulators, stand-

34° VICTORIIE, No. 19.

Protection of Railways and Telegraphs.

arcls, apparatus, implements, machinery, matters or things, of or belonging to, or connected with any Electric Telegraph, whether constructed or erected, or in process of construction or erection ; or if any person shall wilfully or maliciously attempt to do or perform any act whereby accident may be occasioned, or injury sustained, in the traffic of goods or passengers on any Railway, such person shall be guilty of a misdemeanour, and being convicted thereof, shall be imprisoned, with hard labour, for any period not exceeding six calendar months.

2 IF any person shall wilfully or negligently remove, break,

Railway or Electric Tele-	throw down, damage, destroy, or injure any such Railway or
graph Company may recover
damages from persons wil-	Electric Telegraph, or any rails, sleepers, switches, points, fences,
fully or negligently damag-	embankments, drains, carriages, timber, matters or things of or
ing or destroying Railways
or Telegraphs.	belonging to, or connected with, any Railway, or any post, wires, insulators, standards, apparatus, implements, machinery, matters or things of or belonging to, or connected with, any Electric Telegraph, whether constructed or erected, or in process of construction or erection, it shall be lawful for any such Railway or Electric Tele- graph Company to recover such damages from the person so offending as any two Justices shall think reasonable.

3 THAT any officer or servant of such Railway or Electric

Persons found damaging

Railways or Telegraphs may	Telegraph Company as aforesaid, or any person along or near to
be arrested with or without	whose premises the Railway, or any of the works thereof, or the
a warrant.	Telegraph, or any of the apparatus thereof, shall or may be con- structed; erected, or placed, or any constable, and all persons called
by any such officer, person, or constable as aforesaid, to his assistance,
shall or may seize and detain any person who shall or may, in the presence of such officer, person, or constable as aforesaid, have wilfully and maliciously or negligently removed, broken, thrown down, damaged, destroyed, or injured, or obstructed the working of any such Railway or Electric Telegraph as aforesaid, or any of the rails, sleepers, switches, points, fences, embankments, drains, carriages, timber, matters or things of or belonging to, or connected with, any such Railway, or any of the posts, wires, insulators, standards, apparatus, implements, machinery, matters or things of or belonging to, or connected with, any such Electric Telegraph, and *whose name or residence may be unknown to such officer, person, or constable ; and shall and may carry such offender, with all convenient speed, before some Justice, with or without warrant or other authority than this Act ; and such Justice shall proceed with all convenient speed to the hearing and disposing of the complaint preferred against such offender.

34° VICTORI/E, No. 19.

Protection of Railways and Telegraphs.

4   THIS Act may be cited for all purposes as the " Railways Short Title of Act.

and Electric Telegraph Protection Act, 1871."

PERTH:

By Authority : RICHARD PETHER, Government Printer.