OFFENCES within the 11 & 12 VICT. c. 43. Statute. POUNDBREACH. 1. Inclosed Land.] Releasing, or 2. Attempting to release, any horse, ass, sheep, swine, or other beast or cattle (Note 50, ante, or 3. Pulling down, damaging or destroying the same pound or place, or any part thereof, or 4. Any lock or bolt belonging thereto or therewith fastened. [See further, title " Highways," ante, p. 144; title "Turnpike 6 & 7 Vict. c. 30, s. 1. RAILWAYS. I. OFFENCES BY SERVANTS OF RAILWAY COMPANIES. II. OFFENCES BY COMPANIES. III. OFFENCES BY OTHER PERSONS. I. OFFENCES BY SERVANTS OF RAILWAY COMPANIES. 1. Misconduct.] Any engine driver, guard, porter or other servant, in the employment of any railway company, found drunk whilst employed upon the railway (Note 146), or 2. Committing any offence against any of the bye-laws, rules or regulations of such company, any act whereby the life or limb of any person passing along or or 5. Any person counselling, aiding or assisting in any such offence. 3 & 4 Vict. c. 97, s. 13, (Note 147). (146) Definition of "Railway."] Construed to extend to all railways constructed under the powers of any act of parliament, and intended for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam or by any other mechanical power. (3 & 4 Vict. c. 97, s. 21.) " (147) This provision has been amended by the 5 & 6 Vict. c. 55, s. 17, and extended to any engine driver, waggon driver, guard, porter, servant, or other person employed by the said or any other railway company, or by any other company or person, in conducting traffic upon the railway belonging to the said company, or in repairing and maintaining the works of the said railway." Time of laying Information, &c. Number and what Justicesto convict. Penalty, &c. If Appeal, Penalty, &c. to whom payable. Not exceeding £5, and expenses; in All or a portion to person on whose behalf cattle distrained (s. 1). The part not so awarded is to be paid to the treasurer of county, &c. (see ante, p. 73). 1) See Note 148. 5 S One At discretion of justice, either impri- [MEM. The justice may commit for trial| Her Majesty (s. 13). (148) Apprehension of Offenders.] The same section (13) authorizes any officer or agent of a railway company, or any special constable duly appointed, and all such persons as they may call to their assistance, to seize and detain the engine driver, &c. committing any of these offences, and take him before a justice of the peace for the place where the offence committed without any other warrant or authority, and the justice is also authorized to take cognizance of the offence upon complaint upon oath, without information in writing, and to act summarily; or by sect. 14 the justice, if he shall think fit, may commit the person charged for trial at the quarter sessions. OFFENCES within the 11 & 12 VICT. c. 43. RAILWAYS- continued. I. OFFENCES BY SERVANTS, &c.—continued. Statute. 6. Officers not accounting.] Any officer employed by the company failing 8 Vict. c. 16, to pay balance of his account, &c. when required. s. 111, (Note 150). 7. Any officer refusing to make out accounts in writing, or 8. To produce and deliver to the justices the several vouchers, &c. relating thereto, or 9. To deliver up any books, papers or writings, property, effects, matters or things in his possession or power belonging to the company. 10. Bookkeeper refusing Inspection.] Bookkeeper failing to permit any shareholder to inspect books of accounts, or take copies or extracts therefrom during the periods aforesaid (i. e. if no period prescribed, one fortnight before and one calendar month after every ordinary meeting, s. 117). II. OFFENCES BY COMPANY. [It is thought sufficient here merely to refer to the sections of the acts creating the offences.] 11. As to the conveyance of mails. Id. s. 112. Id. s. 119. 1 & 2 Vict. c. 98, s. 12; 10 & 11 Vict. c. 85, s. 16. 8 Vict. c. 18, s. 89. 8 Vict. c. 20, s.23. Id. s. 57. Id. s. 58. 12. Entering lands without consent. 13. Obstructing water or gas supplies. 14. Not restoring roads interfered with, or 15. Completing a substituted road. 16. Not repairing roads used by them. Id. (149) By section 113, if any director, or other person acting on behalf of the company, shall make oath that he has good reason to believe that, upon grounds to be stated in his deposition, and does believe, that it is the intention of the officer to abscond, a warrant may be issued in the first instance; but no person executing such warrant shall keep such officer in custody longer than twenty-four hours, without bringing him before some justice; and the justice before whom he may be brought may either discharge such officer, if he think there is no sufficient ground for his detention, or to order him to be detained in custody, so as to be brought before two justices, 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 justices to answer the complaint of the company. (150) By section 155 a penalty of not exceeding £5 is imposed on a witness refusing to Time of laying Information, &c. Number and what Justices to convict. Penalty, &c. Mode of enforcing. If Appeal, m. (11 & 12 Vict. c. 43, s. 11, see Note 149). more. 6 Within 6 cal. Two or Justices may adjust and declare the balance owing by officer, and if money appear to be in his hands, to order (Form (K 1), p. 52) payment; and if he fail, distress warrant; or in default of distress, commitment to gaol for not exc. [3] cal.] m. unless sooner paid (s. 111). (Forms (N 2), p. 69, and (N 5), p. 64.) 79 77 9 S Id. Id. Commitment to gaol until he shall Yes 151). Id. 10 Within 6 Two Not exceeding £5 (s. 119), levied by : [MEM. As to the penalties for these of- Penalty, &c. to whom payable. : appear to summons or to be examined. See note (ƒ), ante, p. 29. (151) If any party shall feel aggrieved by any determination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this or the special act, or any act incorporated therewith, such party may appeal to the general quarter sessions for the county or place in which the cause of appeal shall have arisen; but no such appeal shall be entertained unless it be made within four months after the making of such determination or adjudi cation, nor uniess 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 to abide the order of the court thereon. OFFENCES within the 11 & 12 VICT. c. 43. Statute. RAILWAYS-continued. II. OFFENCES BY COMPANY-continued. 17. Not complying with justices' order to make fences, &c. 18. Failing to construct screens near to a road. 19. Not complying with justices' order to repair bridges, fences, &c. 20. Omitting to transmit copy of annual account to overseers and clerk of peace. 21. Not using engines required. 22. Constructing railway on different gauge than allowed. III. OFFENCES BY OTHER PERSONS (Note 152). 23. Obstructing Inspectors.] Any person wilfully obstructing any inspector of railways in the execution of his duty. 8 Vict. c. 20, s. 62. Id. s. 64. Id. s. 65. Id. s. 107. Id. s. 114. 9 & 10 Vict. c. 57, s. 6. 3 & 4 Vict. c. 97, s. 6. 24. Obstructing Officers.] Any person wilfully obstructing or impeding any officer or agent of any railway company 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 25. Wilfully trespassing upon any railway, or any of the stations or other works or premises connected therewith, and refusing to quit the same upon request to him made by any officer or agent of the company, or 26. Others aiding or assisting therein. 27. Injuring Boards of Bye-Laws.] Any person pulling down, 28. Injuring, or any board put up or affixed as required by this or the special or 29. Obliterating any of the letters or figures thereon. 30. Jurors.] Any person summoned and returned upon any jury under this or the special act, whether common or special, not appearing, or 31. If appearing, refusing to make oath, or 32. In any other manner unlawfully neglecting his duty. Id. s. 16. 8 Vict. c. 16, s. 146 (Note 150, ante, p. 200). 8 Vict. c. 18, s. 44 (Note 155). (152) By sect. 145 of the 8 Vict. c. 16, and sect. 143 of the 8 Vict. c. 20, short particulars of offences for which any penalty is imposed by these acts, or the special act, or any act incorporated therewith, or by any bye-law of company, affecting other persons than shareholders, officers or servants of the company, must be published and kept published on a board and hung up on the company's premises, before any such penalty can be recovered. |