Railways.

for at the rate of not more than d. per pound, and all public baggage, stores, arms, ammunition, and other necessaries and things (except gun7 & 8 Vict. c. 85. powder and other combustible matters, which the company shall only be bound to convey at such prices and upon such conditions as may be from time to time contracted for between the secretary at war and the company,) shall be conveyed at charges not exceeding 2d. per ton per mile, the assistance of the military or other forces being given in loading and unloading such goods."

Companies to al

trical telegraph to be established.

Sect. 13. "And whereas electrical telegraphs have been established on low lines of elec- certain railways, and may be more extensively established hereafter, and it is expedient to provide for their due regulation; be it enacted, That every railway company, on being required so to do by the lords of the said committee, shall be bound to allow any person or persons authorized by the lords of the said committee, with servants and workmen, at all reason. able times to enter into or upon their lands, and to establish and lay down upon such lands adjoining the line of such railway a line of electrical telegraph for her majesty's service, and to give to him and them every reasonable facility for laying down the same, and for using the same for the purpose of receiving and sending messages on her majesty's service, subject to such reasonable remuneration to the company as may be agreed upon between the company and the lords of the said committee, or in case of disagreement as may be settled by arbitration: Provided always, that, subject to a prior right of use thereof for the purposes of her majesty, such telegraph may be used by the company for the purposes of the railway, upon such terms as may be agreed upon between the parties, or, in the event of difference, as may be settled by arbitration."

Electrical tele

by private parties public.

Sect. 14. "That where a line of electrical telegraph shall have been graph established established upon any railway by the company to whom such railway to be open to the belongs, or by any company, partnership, person or persons, otherwise than exclusively for her majesty's service, or exclusively for the purposes of the railway or jointly for both, the use of such electrical telegraph, for the purpose of receiving and sending messages, shall, subject to the prior right of use thereof for the service of her majesty and for the purposes of the company, and subject also to such equal charges and to such reasonable regulations as may be from time to time made by the said railway company, be open for the sending and receiving of messages by ali persons alike, without favour or preference.”

Appointment of inspectors by board of trade.

Sect. 15. "And whereas by an act passed in the fourth year of the reign of her majesty, intituled An Act to regulate Railways,' power is 3 & 4 Vict. c. 97. given to the lords of the said committee to appoint any proper person er persons to inspect any railway, and the stations, works, and buildings, and the engines and carriages belonging thereto; and in order to carry the provisions of this act into execution it is expedient that the said power be extended; be it enacted, That the said power given to the lords of the said committee of appointing proper persons to inspect railways shall extend to authorize the appointment by the lords of the said committee of any proper person or persons, for such purposes of inspection as are by the said act authorized, and also for the purpose of enabling the lords of the said committee to carry the provisions of this and of the said act and of any general act relating to railways into execution; and that so much of the last-recited act as provides that no person shall be eligible to the appointment as inspector who shall, within one year of his appointment, have been a director, or have held any office of trust or profit under any railway company, shall be repealed: Provided always, that no person to be appointed as aforesaid shall exercise any powers of interference in the affairs of the company."

Repealing provi

c. 97.

Sect. 16. "And whereas by the said act of the fourth year of the reign sion of 3 & 4 Vict. of her majesty, intituled An Act for regulating Railways,' it is among other things enacted, that whenever it shall appear to the lords of the said committee that any of the provisions of the several acts of parliament regulating any railway companies, or the provisions of that act, have not

Railways.

been complied with on the part of any of the said companies or any of their officers, and that it would be for the public advantage that the due performance of the same should be enforced, the lords of the said com- 7 & 8 Vict. c. 85. mittee shall certify the same to her majesty's attorney general for England or Ireland, or to the lord advocate for Scotland, as the case may require; and thereupon the said attorney general or lord advocate shall, by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding (as the case may require), proceed to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such noncompliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said acts: Provided always, that no such certificate as aforesaid shall be given by the lords of the said committee until twenty one days after they shall have given notice of their intention to give the same to the company against or in relation to whom they shall intend to give the same: and whereas it is expedient that more effectual provision should be made, not only for enforcing a compliance on the part of railway companies with the provisions of their acts, but also for restraining railway companies from performing acts unauthorized by such provisions; be it enacted, that so much of the said act as is hereinbefore recited shall be repealed."

exceed the provi

trade to certify

&c., who shall

Sect. 17. "That whenever it shall appear to the lords of the said com- If railway compamittee that any of the provisions of the several acts of parliament regulating nies contravene or any railway company, or the provisions of this act or of any general act sions of their acts, relating to railways, have not been complied with on the part of any rail- or of any general way company or any of its officers, or that any railway company has act the board of acted or is acting in a manner unauthorized by the provisions of the act the same to the or acts of parliament relating to such railway, or in excess of the powers attorney general, given and objects defined by the said act or acts, and it shall also appear proceed against to the lords of the said committee that it would be for the public advan- them. tage that the company should be restrained from so acting, the lords of the said committee shall certify the same to her majesty's attorney general for England or Ireland, or to the lord advocate for Scotland, as the case may require; and thereupon the said attorney general or lord advocate shall, in case such default of the railway company shall consist of noncompliance with the provisions of the act or acts relating thereto or of this act, or of any general acts relating to railways, proceed by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding, (as the case may require), to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such non-compliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said acts; and in case the default of the railway company shall consist in the commission of some act or acts unauthorized by law, then the said attorney general or lord advocate, upon receiving such certificate as aforesaid, shall proceed by suit in equity, or such other legal proceeding as the nature of the case may require, to obtain an injunction or order (which the judge in equity or other judge to whom the application is made shall be authorized and required to grant, if he shall be of opinion that the act or acts of the railway company complained of is or are not authorized by law,) to restrain the company from acting in such illegal manner, or to give such other relief as the nature of the case may require."

Sect. 18, provides and enacts, "That no such certificate as aforesaid Notice to be given shall be given by the lords of the said committee until twenty-one days to the company. after they shall have given notice to the company against or in relation to whom they shall intend to give such certificate of their intention to give such certificate; and that no legal proceedings shall be commenced under Prosecutions to be the authority of the lords of the said committee against any railway com- tion of the board pany for any offence against any of the several acts relating to railways of trade, and with or this act, or any general act relating to railways, except upon such cer- in one year after

under the sanc

the offence.

:

Railways.

7 & 8 Vict. c. 85. Issue of loan notes and other

by railway com

tificate of the lords of the said committee as aforesaid, and within one year after such offence shall have been committed."

Sect. 19. "And whereas many railway companies have borrowed money in a manner unauthorized by their acts of incorporation or other acts of illegal securities parliament relating to the said companies, upon the security of loan notes or other instruments purporting to give a security for the repayment of panies prohibited. the principal sums borrowed at certain dates, and for the payment of interest thereon in the meantime: and whereas such loan notes or other securities issued otherwise than under the provision of some act or acts of parliament have no legal validity, and it is expedient that the issue of such illegal securities should be stopped; but such loan notes or other securities having been issued and received in good faith as between the borrower and lender, and for the most part for the lawful purposes of the undertaking, and in ignorance of their legal invalidity, it is expedient to confirm such as have been already issued; be it enacted, That from and after the passing of this act any railway company issuing any loan note or other negotiable or assignable instrument purporting to bind the company as a legal security for money advanced to the said railway company otherwise than under the provisions of some act or acts of parlament authorizing the said railway company to raise such money and to issue such security, shall for every such offence forfeit to her majesty a sum equal to the sum for which such loan note or other instrument purports to be such security: Provided always, that any company may renew any ready issued may such loan note or other instrument issued by them prior to the passing of this act for any period or periods not exceeding five years from the passing of this act."

Loan notes al

be renewed.

Loan notes al

Sect. 20. "That where any railway company, before the 12th day of ready issued to be July, 1844, shall have issued or contracted to issue any such loan notes paid when due. or other unauthorized instruments, the company may and shall pay of such loan notes or other instruments as the same may fall due, subject a herein before provided; and until the same shall be so paid off the s loan notes or other instruments shall entitle the holders thereof to th payment by the company of the principal sum and interest thereby agreet to be paid."

Register of loan notes.

Remedy for reco

charged on railway land.

Sect. 21. "That a register of all such loan notes or other instrument shall be kept by the secretary; and such register shall be open witha fee or reward, at all reasonable times, to the inspection of any share holder or auditor of the undertaking, and of every person interested in any such loan note or other instrument, desirous of inspecting the same."

Sect. 22. "And whereas the remedies now in force for the recovery very of tithe rent tithe commutation rent-charges are in many instances ineffectual for such parts thereof as are charged upon lands taken for the purposes of a rak way, and it is therefore expedient to extend the same remedies when the said rent-charges may have been duly apportioned; be it enacted, Tha in all cases in which any such rent-charge, or part of any rent-charge, has been or hereafter shall be duly apportioned under the provisions of the acts for the commutation of tithes in England and Wales, upon lands taken or purchased by any railway company for the purposes of such company, or upon any part of such lands, it shall be lawful for every person entitled to the said rent-charge or parts of such rent-charge, in case the same has been or shall be in arrear and unpaid for the space twenty-one days next after any half-yearly day fixed for the payment thereof, to distrain for all arrears of the said rent-charge upon the goods chattels, and effects of the said company, whether on the land charged therewith, or any other lands, premises, or hereditaments of such com pany, whether situated in the same parish or elsewhere, and to dispose of the distress when taken, and otherwise to demean himself in relation thereto, as any landlord may for arrears of rent reserved on a lease for years: Provided always, that nothing herein contained shall give or b construed to give a legal right to such rent-charge, when but for the act such rent-charge was not or could not be duly apportioned."

of

to and from board

Sect. 23. "That all notices, requisitions, orders, regulations, appoint- Railways. ments, certificates, certified copies, and other documents in writing, signed by some officer appointed for that purpose by the lords of the said com- 7 & 8 Vict. c. 85. mittee, shall for the purposes of this act be deemed to have been made by Communications the lords of the said committee; and all certificates of any thing done by of trade, services the lords of the said committee in relation to this act, and certified copies of notices, &c. of the minutes of proceedings or correspondence of the lords of the said committee in relation thereto, signed by such officer, shall be deemed sufficient evidence thereof, and that in the absence of evidence to the contrary, without proof of the authority of the person signing the same or of the signature thereto, and service of the same at one of the principal offices of any railway company on the secretary or clerk of the said company, or by sending the same by post, addressed to him at such office, shall be deemed good service upon the said company; and all notices, returns, and other documents required by this act to be given to or laid before the lords of the said committee, shall be delivered at or sent by post addressed to the office of the lords of the said committee."

Sect. 24. "That all penalties under this act for the application of which Penalties. no special provision is made shall be recovered in the name and for the

use of her majesty, and may be recovered in any of her majesty's courts of record, or in the court of session or in any of the sheriff courts in Scotland."

com

Sect. 25. "That where the word 'railway' is used in this act it shall Interpretation of be construed to extend to railways constructed under the powers of any act. act of parliament; and when the words 'passenger railway' are used in this act, they shall be construed to extend to railways constructed under the powers of any act of parliament upon which one-third or more of the gross annual revenue is derived from the conveyance of passengers by steam or other mechanical power; and whenever the word pany' is used in this act it shall be construed to extend to include the proprietors for the time being of any such railway; and that where a different sense is not expressly declared, or does not appear by the context, every word importing the singular number or the masculine gender shall be taken to include females as well as males, and several persons and things as well as one person or thing."

Regattas.

See Addenda to, title " Gaming," ante.

Registers.

A CERTIFIED Copy of the entry of the death of A. in the books of a superintendent registrar, with the usual affidavit of identity, not sufficient evidence of the death of A. on a petition for the payment to the administrator of A. of a sum found due to A. (Leach v. Leach, K. Bruce, Vicechancellor's Court; 13 Law J., N. S., 128.)

Rescue and Pound Breach.

SEE the recent statute 6 & 7 Vict. c. 30, title "Distress for Rent," Vol. II. p. 312.

As to rescuing goods taken in execution in process from inferior courts, see the 7th Vict. c. 19, s. 7. (Ante, Addenda to "Inferior Courts.")

SEE the 7 Vict. c. 2, " An Act for the more speedy Trial of Offences on the High Seas." (Ante, Addenda, title "Admiralty.")

Serbants.

A DESIGNER Who invents and draws patterns, to be afterwards engraved on rollers, to be used in calico-printing, is liable under 4 Geo. IV. c. 34, s. 3, for misconduct in the execution of his contract of service. (Ez parte Ormerord, 13 Law J., N. S., Mag. Cas., 73.)

The statute 4 Geo. IV. c. 34, s. 1, does not authorize magistrates to punish misconduct on the part of a servant, which amounts to a felony. (Ex parte Jacklin, 13 Law J., N. S., Mag. Cas., 139.)

A conviction and commitment under that statute stated that the servant had contracted to serve as a servant in husbandry, and that in his said service and employment he had been guilty of a misdemeanour and mis carriage, in that he had purloined a quantity of barley to give to the horses under his care, contrary to the express command of his master. The evi dence stated in the conviction showed it to have been taken in the night by means of a skeleton key :-Held, that in the first place this was not shown to be misconduct or misdemeanour in the execution of his contract of service, that contract not being particularly set forth; and, secondly, that, at all events, it was a felony over which the magistrates had not jurisdiction. (Id.)

Sessions.

THE Court of quarter sessions, on appeal, quashed an order of removal, generally, without going into the evidence, on the ground that the examinations, accompanying the order, were defective and insufficient, by reason of an omission, which the sessions judged material, and which defect and omission had been specifically pointed out in the statement of grounds of appeal. Another order of removal of the pauper, from the respondent to the appellant parish, was then made, and that order was appealed against, on the ground that the former judgment of the sessions was conclusive as to the settlement. At the trial of the second appeal, the respondents tendered evidence to show that the first order was quashed on a preliminary objection to the sufficiency of the examination, and that the merits were not gone into. The court of quarter sessions held, that the former judgment was conclusive, and refused to hear the evidence, and quashed the order :-Held, that the sessions were right in deciding that their first judgment was conclusive, and that it was not necessary to consider whether their decision on the first occasion was right or not. (Reg. v. The Inhabitants of Charlbury and Walcott, 13 Lew J., N. S., Mag. Cas., 19.)