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GENERAL REGULATIONS, - - - 5 SIGNALS, - - - - - - 8 RUNNING OF TRAINS, - - - 10 STATION MASTER, - - - - 16^ CONDUCTOR, - - . 1 - 18 ENGINEMEN, . - - - - 24 BRAKEMEN, - 81 BAGGAGE MASTERS, .... 31 FIREMEN, 32 SWITCHMEN, . ^ - . ! 32 TRACK MASTERS, - - - . 83 PENALTIES, ^ . . . . 35 REGULATIONS IN REGARD TO PASSENGERS, - - . - 35 BAGGAGE, - - - . . 36 FREIGHT, - - - . . 87 AN ACT FOR THE REGULATION OF RAILWAYS, . . - . - 39 m- # . (wiiji 1 f., t i .I'/'v' >i u^ , ^^ r ^ f '»fs ^x '.rV ■?^ I'. /W^' ' /t 1" .1, it ■"> V -*. ^ - • ^ ^ »" * ifc.V.v'4- *■ • '■..S, ■ |S^=- European and North American Regulations made by the Commissioners under authority of Act l^th Vic,j Cap, 15, Sec, 10. « ^»» • SECTION FIRST. Greneral Regulations. 1. Each person employed in the Bailwaj service is to devote himself exclusively to that service, attend- ing during the prescribed hours of the day or night, and residing wherever he may be requured by those in authority over him. ^ , 2. He must oliey promptly all instructions he may receive &om persons placed in authority over him, and conform to all the regulations of the Com- missioners. 3. He will be liable to immediate dismissal for disobedience of orders, negligence, incompetency, using improper language, intoxication, or incivility to passengers. 4. Unless appointed so to do, he is not on any occasion, or under any pretence whatever, to receive money &om any person on the Commifisioners' ac- oount A ■ erwy •*^!'r ■ »»«in; »*•-■.• j^i'j^!**"*'* I'? ''"-W-^ '.!-»Tj«rfn* »4,* : f- J- s ifJ" %•■ mim 6 Omeral Regulationa, 5. No person is allowed under any circumstances to absent himself froin duty without the permission of the head of the department in which he may be employed, except in case of illness, and then notice is to be immediately sent to his superior Officer. : 6. No person is to quit the Railway service with- out giving fourteen days previous notice to the Su- perintendent, and in case he leave without such notice, all pay then due will be forfeited. 7. The Commissioners reserve the right to deduct fi-om the pay of each person employed in the ser- vice, such sums as may be awarded against him for neglect of duty as fines. "- 8. Aay person in any way leaving the Railway service must deliver up to his immediate superior all property entrusted to his care. > .. ?v ^i D.' If any such property shall have been impro- perly used or damaged, a deduction from the pay due shall bo made, sufficient to make good the damage, or to supply new articles. 10. Any person employed in the Railway service are strictly forbidden from entering into alterca*'' tion with any other person, whatever provocation may have been given ; they will make a note of the facts if necessary, and report to their immediate superior. . ^ 11. All perwks in places of trust in the Railway service, must report any misconduct or negligence aftecting the intertets or safety of the road which may come within their knowledge, and their withholdings Oeneral R^vkUions. ..J iM. any such ioifoniiation iriH be oonsiderod a prcxtf i>f n^lect and indifference on Uieir part. » 12. All employes of the Bailway are expected ind required in all cases to exercise the gnveatest cflune and watchllilnefls to prevent injury or damage to persons or property, and in doubtful cases to take the safe side, j :*« ^itU/r liwuijiiia g^M h 18. Each person will be held. legally liable fixr in- jury occasioned to persons or property by his negli- gence. .,-... Ui. A--* ■ ■ 14. The pay of every man alMieilt or wa^ pended from duty will be stopped. No persons are allowed to receive gratuities.^ * W«*»w 15. In all cases where instructions may not be understo«. ^>U^ ' ^ ' 3d.— Freight Trains p ::i d'" ;c* -'*i' 4th.— Ballast Trains ; * • ** 36. All trains of an INFERIOR clasp must keep out of the way of all trains of a SU- PERIOR class going in either direction. Running of Trains, 11 'T 87. All regular passenger trains will leave Ter- mini at the specified time, and trains due must keep clear. • 38. If any part of a train is detached when in motion, care must be taken not to stop the train in front, before the detached part has stopped, and the Conductor of such "a detached part must apply his brake in time to prevent a collision with the cars in front, in the event of their stopping. * '"■ 89. No special train or engine shall be despatch- ed from any station without the direct authority of the Superintendent. '.I'f.r a '. ■■,*f»'*'' ; »» .\v -TI^.TB -^-Vi^'^Aif.^ii*^*; ' 40. No train must leave a station when another train is due until such train arrives, or positive in- structions, in writing or by telegraph, are received from the Superintendent or Conductor that the ex- pected train will not come. Whenever telegraph despatches are used for the movement of trains, tdey must in all cases be repeated back from fhe receiving OjBice to the sending office, and acknowledged before the Conductor starts his train, and then proceed with care. All such orders must also be read by the en- gine driver before starting. - >^^>- - « - - - ^ - >^'* ^"i 41. Kegular passenger trains will not wait for freight trains. Freight trains must be on a turn out TEN MINUTES at least before the regular time of passenger trains. Freight trains must tilso wait for extra and special trains, of which notice is given by signals, giving the extra or special trains the right to the road. ^AW'^^'jim'- "^iM^-m^m^^^mi- rr' w 12 Running of TVains. «n 42. If any train breaks down or is delayed on the i*oad, the first duty of all persons connected with the train is to see that every precaution is used to prevent any other train from running into the dekyed train. ONE, and in cases of danger, two efficient men must be sent backwards or forwards as the case may re- quire, with red flags or lanterns, at least half a mile to stop any approaching train. No wish to have the signalmen go on in the delayed train must prevent their going back at least half a mile, and stopping until the approaching train is stopped ; and if a third or fourth train is following the same precaution must be observed. THIS RULE IS OF THE UT- MOST IMPORTANCE. 43. No engine or train must leave or pass a sta- tion within ten minutes of another going in the same direction. ' J * • , , * '^ - •* '- $ r^ 44. Whenever it becomes necessary to back a train to a station, it must be done with great care, keeping at least two men with red flags or red lights, constantly in advance of the rear end of the train, to warn any train that may be approaching. Neither the Conductor nor Engine driver has][^a right to as- sume that there are no trains approaching. 45. Gi*avel and Wood trains must be on a turn out THIRTY minutes before a train is due, and wait till all trains due have arrived. 46. No extra or uncertain train will leave any station unless it has time to arrive at the next station at least ten minutes before the time fixed in any time bo^f Runninff of IVains. 18 table for the arrival of any regular train. 47. In the meeting of trains at the stations each ^rain must take the right hand track; excepting un- certain trains, which must take the turn out, and must remain until the expected tram arrives. ^ t 48. If any uncertainty arise as to the entire safety of proceeding with the train, a signal must be sent backward or forward, as the case may be, and be kept at least half a mile distant from the train until the danger is over, ^j' . . i - v ^.; r^^ » ; ^ r 49. Trains following each other must keep two . miles apart. ^*l '' '-"'"- "''■' - ' -'""• "'' " ''•^' ■ --■■'■^ -—r'- 50. An extra train following a regular train, will approach all stations and wooding places with great care, expecting to find the preceding train taking wood or water at such station, whether it may be a stopping place for that train or not. The responsi- bility of a collision will rest upon the Conductor and Engineer of the extra train. '^' *^'^^ 51. Gravel and Wood trains shall DAILY, before leaving their stations for the day's work, report to the Superintendent, and also leave with the Station Mas- ter a memorandum of where the train will be operat- ing for the day, and such memorandum shall be en- tered by the Station Master in a book to be kept for that purpose. This book shall be open to the inspec- tion of all persons on duty, connected with the trains. ^"62. Ked Flags or red Lanterns must always be placed at a safe distance on either side of the ground where gravel trains are at work, and a man must re- u Running the TYains. ih main with them. The same precautions must be used when single Cars are at work on the road, when repairs of bridges are going on, or any description of repairs which interfere with the safetj of the Track. 58. Torpedoes musjt be carried upon evary Train, to be used as follows : should the Train be detained firom any cause during the night, or by fogs or storms of snow or rain during the day, in such a position as to encbnger a following or approaching Train, in ad- dition to all other precautions, TWO TORPEDOES must be placed upon the rails at a sufficient distance to prevent all risk of accident, and all Trains UtUfirl stop as soon as possible after the explosion of a Torpedo, without waiting for other Signals. ^^' - F • 54. Whenever it shall be necessary to send an extra Engine over the road, it shall, in all cases, precede, and run on the time of some regular Train, and shall be entitled to all rights thereof, and shall carry the proper Red Signals therefor. r <\ 55. The rear Car of every Train must be a Rrake Car, and a man must, when the Train is in motion, be always stationed on that Car. - - * ■■* 56. Whenever any Train is twenty-four hours or more behind its own time, it thereby loses all right to the road. ur ■:?<• 57. When Trains are to pass each other the Train having the right to the road shall occupy the main Track. •> t^*^w- ,.v .»>«»-". ^^i^** ■.■■.^.t.. station Maattn^ 15 58. No "V^rlNil message touching the safety of Trains, Track, or Bridges must be sent or received) except in cases of pressing necessity. Such messages should be sent in writing to prevent misconstruction. j";59. In forming a passenger Train, Baggage, ' Freight, or Lumber Cars shall not be placed in rear of the Passenger Cars. > .60. Engines and Cars must in no case be left y upon the main track. Thej must be placed as quick- ly as possible in a sidings, clear of the main line, WITH THE WHEELS SCOTCHED. Mjv^^ the first car must be chained and locked. f , . j " t '* SECTION FOURTHS ^t' :>1 I!''-" Uy) 61. He is responsible iHar the proper use and care of all the buildingrs and pro- perty of the Railway, and is answerable for the faithful and efficient discharge of the duties of all persons employed at his Station. 62. He must see that all orders are duly ex« ^ ecuted, and that all Books and Eeturna are regu- JI larly written up and neatly kept. 68. He must see that all servants at the Statioh behaTe respectfolly and civilly to passengers of every class.- .^,i,,^^..^:'i.^*>- .... 64. He must inspect daily all rooms and places '''' ti 'K ul 16 Station Mctster, in connection with the Station^ and see that they are kept neat and clean. 65. He must see that all stores supplied for the Station are prudently and economically used and that there is no waste of Oil, Fuel, or Stationery. 66. He is not to be absent without leave from the Superintendent, except from illness, in which case, he must immediately inform the Superintend- ent and take care that some competent person is en- trusted with his duties. 67. He is required to see that every article loaded in the Cars, is entered on the freight forwarded Book and on the Way Bills, and also that every ar- ticle so entered on the Way Bills is actually loaded in the Car designated thereon. 68. He is held personally responsible for the safe keeping and proper delivery of all goods received by him, and for all charges due thereon; and all articles mentioned upon the way bills will be considered as having been received by the Agent at the destined Station, and in good order, unless other- wise stated by him on the face of the Way Bill. 69. He will report immediately to the Super- ' intendent whenever any train leaves his Station befbre the time prescribed in the time tables. . . ■■■. v-x«.l 70. He will have charge of the Switchmen ait the Station. He will be held strictly responsible for ^ the position of all Switches at the Station, and . m^t always assume that at any moment a VHP Statwn Master, 17 train may be expected, ^iritclies must always be on the main Track, excepting when imme- diately being used. 71. He will make separate UFay Bills of the V contents of each Car, and also of Freight destin- ed to different Stations. Every loaded Freight Car must be accompanied by a Way Bill showing its freight and destination. '^ ; 72. He is to report, WITHOUT DELAY, neglect of duty on the part of any one under his charge ; and in case of complaint against any man, he is to communicate the particulars as soon as pos- sible, so the offender may be sent to Head Quarters if the case require it. \^"^' ^^z"^^"*^ 73. He will be responsible for all money receiv- ed at his Station, and will be required to make good any deficiency. He must make up and balance his accountsdaily."" ' " ; ' ;*^;, ^ . . .. ..;# 74. He must take care that no parcels or pjick- ages whatever are transmitted by the railway WITH- OUT BEING DULY ENTERED and the car- riage paid or charged. 75. He must not supply or lend, under any pre- tence or circumstances, stores or any other articles belonging to the Railway. ^^^ '^'^''''^ 76. The Station Master or Station Clerk is to direct the Conductor of each Train when to start, and must use every exertion to ensure punctuality in the Train. V ■> ^'mntpv^) \U : m jurf. ; rii-*.^:iif «f > ^' '■-{mi:''iw: w 'if ?» ^ '^'^^-m^ ; 1^^ In case of accident to any Train on the road, mmm wmn \9 CmimkHT. 1 1 \i&^ ^H, oii Tiedeiving mfintBation thereof, act acGor^ ing to circumstanees in such a way as to give the , eirliest assistance, and prevent as much as possible fttvjr subsequent detention. 78. After the passage of Trains, he will see that everything about the Stationr is safe from fire. 79. In case of any injury to the Track coming to ' lii^ .knowledge, he will immediately despatch some poraon to notify the track repairers, and see that it i* repaired ; and in case the track repaii-ei's are not at h iTid employ others to do it, and take measures,, if .Hi) lossary, to warn coming Trains. SECTION^ FIFTH. Conductor/ ^ Ji.; SO. He will have entire cbargre and control of the Traill^ and all perscois employed on it, «nd is responsible for its movem^ite wliile on ther r(>iiil,. except when his directions conflict with these ItefiTlilatioili^, or involve any ri^ or hazard, irt eitlniF of which cases, all participating will be held >v()i>junt'ible. He will, with the approval of the Su-?^- porintendent, apix)int his own Brakemen, but no Ik^kidinan shall be retained who, in the opinion of the V^i^ne di'iver, does not properly perform his duties. = nil He must IM^ that the Regtflatiofl« aji»- obM^rved by those under him, and leport, d*i)jr^ itll vkdatioDS of thent. 1: Ckmtbdtor, at» ble to me at ~« 392. He MUdt "he in ^vAimdmae ;at ioast .hiBlf an liour before starting his Train Jrom exiy tenoiiiia] Station, luid see tliat his Cars are cilcAU^ amd liii H^ood and salm% -J... 85. It is his duty to check the^«agineiKri-» vers when Aey run unsafely, and to ^escribe to them, when he sees fit, the regular rates allowed«ior. the Table, or slower rates if 4he Track is inibad otder. 86. He must not permit the side of books, pa- pers, or refreshments in the Cars without p^rm^^iiMu :&om the Commissioners. 87. He must not ^Uow any person to ride .on:^e platforms, or ^dtsicte of tbo Cars, or iin the ^baggi^ Car. ••'■' -:^ '^^^- - -■■■-■■* "- ■•. > - 20 Conductor. 88. He must prevent passengers endang^ erlng themselTes by imprudent exposure. In the event of anj passenger being drunk or disorderly, to the annoyance of others, he must use all gentle means to stop the nuisance, failing which, he must exercise his authority and keep him in a separate place until he arrive at the next Station, Tfhere the passenger must be left. 89. He must never make the signal for star t- ingj while passengers are getting aboard, and should, in makmg it, stand near the front end of the front passenger Car. He should then pass to the platform , of the last Car to see if any signals are made. .^ 90. The Conductor of a Freight Train has kisuie on the road to examine the Wheels, Brakes, and Journals of his Cars, and can have no excuse for r allowing the Journals to be neglected and to become . heated on the road. It will, therefore, always be pre- . sumed that the Conductor is inattentive in regard to his subordinates, if the Journals are neglected. . r 91. Conductors of Freight Trains must take no loaded Cars without the proper Way Bills, nor .^IWay Bills without the proper Cars. • 92. It is the duty of the Conductor to require of the engine driver atteulion to the Rules of ) the Road* Negligence or recklessness on the part of the Engineer will be taken as a proof of the inefficiency of the Conductor, unless such conduct has been duly and distinctly reported, on eyery occasion of its taking place. He will at the same time tre^t MS*.* W OonducMi^ '21 the Bngi&eer mik that consideration due to liit Yorjr rettponable duties, and will always advise with him in eases of difficulty. 93. In ca«e of ACCIDENT TO A TRAIN, OR OF STOPPAGE ON THE MAIN TRACK, from any cause, he must immediately and alwayv ^station men with Red Flags or Red Lanterns, and Torpedoes in addition if it be foggy, on each side <^ (the Track, at least half a icile from where the stop- • page occurs, and he must do this, as a matter of « course, at all times and places, and he . has no right > to assume that there ure no Trains approaching on • either side of him. He.willitlso, when assistance is wanted^ or when . *Two Fire Buckets;; - ' • - *a'aeU6 and Fall ; Enginemen, '/ ■ ifl^^^' * : _ Red Plag and Deto^aating Signals; For which he will bo responsible. 105. He must not start his Train till direct- ed by the Conductor, nor till the Bell be rung. IIo must answer the signal for starting by a sliort wliistle, must invariably start with care, and see that he has the whole of his Train before he gets be- yond the limits of the Station ; and he must vuu tli© Train as nearly to time as possible, arriving at the Stations neither too soon nor too late. 106. He shall allow no person to ride on his Engine or Tender; excepting the Commissioners, Superinten- dent, Engineer, Conductor or Track Master. 107. He is to stand by the hand-gear, and keep a good look out all the time that the Engine is in mo- tion. The Fireman also is to keep a good look out when not engaged in other duties. 108. He must cause the Bell to be rung, or the AVhistle sounded, where directed, at least eigthy rods before arriving at any public I oad cro^^Ning:, and to be continued until he pass it, and the neglect of this precaution will be followed with immediate dismissal. 109. He must sound the Whistle with a continued sound, at half a mile from every Station. 110. He must pass by Stations where his Train does not stop, at a much reduced rate of spee'r*ift-?' ' '♦••;?••« SECTION NINTH. Firemen. 143. They are subject to the orders of the Engine- man while on their Engines. 144. They will keep the Engines cleaned and pro- perly oiled, and assist the Engineman as may be r«. T>ack Masters will maintain a thorough in- spection of the Track, Bridges, Switches, CrossingSy Culverts, Drains, Fences, and to the safety of the road. He will have the charge and supervision of all Repair men, and be held responsible for the faithful performance of their duty. -151. When materials are wanted for repairs, he will report to the Superintendent, as no bills will be» allowed for purchases made other than by his order.. • 152. He must see that each gang of men is provid- ed with a set of signals, consisting of green, white,, and red flags, a signal lamp, and with a Time Tabloj of the hours each Train starts, i 84 TVack MasterM. 153. His duties are :— .M'^fi'- '^ To maintain the Rails in proper guage, perfect in i line and level, and safe in all respects j; ^f r>>r^ f ^i To remove all loose timber, stones or iron from the | road, and to keep the Track dear firom interruption »4l '^^m. If a rail is out, or from any other cause, the road is impassable, a man is to proceed at least 500 yards from the point of danger towards tlie approaching Engine, and wave the red flag or fed light. 155. No rail is to be raised more than two inches at one time, and this must be distributed over three rails length. They must be firmly packed up fifteen minutes before the appointed time for the passing of any Trains. The two rails form- ing one line must be raised at the same time. 156. Nothing must be done on tho Track to make ""^" ■4 ■Ci 1' Penaliies — Regulations for Passengers, 35 any impediment to the free transit of Trains during a Fog. 157. Track Masters, in their intercourse with the public and with landholders, will be civil and obliging, and endeayoilr to prevent injury to them or their pro- perty. • i:r SECTION TWELFTH. Penalties. 158. Disobedience to or neglect of any of the fore- going Regulations, on the part of any person employ- ed under the Commissioners, will subject him to immediate dismissal, or the forfeiture of 6ne day 's pay, at the option of the Commissioners. ^^if SECTION THIRTEENTH. :imm *,*fS"4^n? -nt*:"?^ ■•f--^'"— ~ Regulations in regard to Passengers. 159. Passengers must procure Tickets before tak- ing their seats in the Cars, subject to an increase of 7Jd. to the fare, in case of neglect. m mm:._ 160. They must not smoke in the Passenger Cars or Station Houses, subject to a penalty of Five Shil- lings for each offence. , 161. They must not, under any circumstances, stand on the platforms of any cars when in motion, subject to a penalty of Five Shillings for each offence. m Baggage, 162. Thoy must not go upon or leave the Cars' -when in motion, nor put their heads or arms out of the Car windows, subject to a penalty of five shillings for each offence'. mn^ , '<| 163. Children will be charged for in the following proportions : — .TJt'H] Over twelve years of age, full price. Between four and twelve years, half price, and under four free. . ^ f M^ ^■- - J ,-4» SECTION FOURTEENTH. In regard to Baggage. 163. All Baggage must be delivered to the Bag- gage Master or other person authorised to receive the same, before the Passenger takes his seat in the Cars. 165. 5a^g?ige must be accompanied in the {same Train by its owner. When not so accom- panied, the Railway will not be responsible in* re- gard to it. , 166. The liability of the }:lailway, in regard to Baggage and other articles transported upon a Passenger Train, will not commence till such bag- gage or other articles are? received on board the Train ; and such liability will terminate when such baggage or other articles are unladen from the Train at their place of destination. if}v i:.^i 167. Baggage will not be taken to include money, merchandise, or other articles than those of personal ^ t a use. # « % ■^i *t-} 'fji: Frtiijlit. 37 168. The Railway will not be liable for any bag- gage or article not given in charge to the Baggage Master. 4 m ft.-' >:^*t. SECTION FIFTEENTH. In regard to Freight. 169. All articles of Freight must be distinctly marked, or they will not be received. 170. The Railway will not be liable for the safe carriage or custody of any Freight, uniesa receipted for by an authorised Agent, and no Agent of the Commissioners is authorised to receive or transport any Freight which is not thus receipted for. Specie, drafts, and other articles of great intrinsic or repre- sentative value, will only be taken upon a represen- tion of their value, and by a special agreement assented to by the Superintendent. 171. The Railway will not be liable for any injury to any articles of Freight during the course of trans- portation, arising fi'om the weather or accidental de- lays ; nor any special despatch be guaranteed in the transportation of such articles, unless made the sub- ject of express stipulation, nor be liable for such arti- cles after their arrival at their place of destination and unlading in the depot or warehouses. 172. Machinery, Furniture, Castings, all liquids, in glass or earthenware, fruit and live animals, will only be taken at the owners risk of fracture or injury 38 Freight. during the course of transportation, loading and un- loading. ' 173. Gunpowder, Matches, and like combustibles, will not be received on any terms, and all persons procuring the reception of such freight by fraud or ' concealment, will be responsible for any damage which may arise from it. -«.v%^v^r , r 174. All articles of Freight arriving at the placo of doFcination must be taken away within twenty-four hours after being unladen. If not so taken, they will be stored at the expense and risk of their owners. t^'^i ■;B::'>,''r v*4;Vji ■A -'■'■ ■ . <: i.' -1 :■ f -,., ■•l.-^A- .H'^: I' "'^^T^ \ .V^-''.,.\r ■ 't » un- )les, }on3 i or lagQ ►laco four - y "* ■!& if J VICTOHI.^ REGIN^E. ^?^. I J !, S ' .,„.......,, . CAP. XVIII. :'^i>W.M'^y ''■ An Act/or the Regulaiion of Railwiiys. -{^ ''•'5 Passed Cih Arril, 1S53 " Be it enacted by the Lieutenant Governor, LogiBlativo Council, and Assembly, as follows :— 1. If any person shall wifully obstruct the Commissioners for the management and construction of Railways under 19 Victoria, Cap. 15, or any Engineer, officer, or person acting under authority from the said Commissioners, in the lawful exercise of their power in setting out the line of tiio European and North American Railway, or shall pull up or remove any poles, pegs or stakes driven into the ground for the purpose of so setting out the line of the Railway, or shall dofaco or destroy any pegs or marks put down or made for the same purpose, or shall wilfully obstruct any of the Contractors, or their servants or workmen, while employed in the con- struction of the Railway, he shall forfeit a sum not exceed- ing five pounds for every such offence. " i % *?* 2. If any person shall wilfully obstruct or impede any En- gineer, oflScer, or person acting with authority from the said Commissioners, in the execution of his duties upon the Rail- way, or upon or in any of the Stations or other works or premises connected therewith ; or if any person shall w^ilfuliy trespass upon the Railway, or any of the Stations or other works connected therewith, and sliall rofuBoto quit tlie same upon request iiiade to him by any ullicjr, cervant ur agi nt of Hi) An Actjor regulation of Railways. the Commissioners ; or shall wilfully disturb, break down, injure or destroy any of the fences of the Railway, or remove the same or any part thereof ; or shall blot out or deface any regulations put up upon the line, or pull down or injure the boards upon which such regulations are affixed, every such person so offending, and all others aidingor assisting therein, shall severally forfeit a sum not exceeding twenty-five pounds for every such offence. * 3. If any person, after the Railroad or any section thereof shall be opened for use, shall himself go thereon, or shall ride, drive, or lead any animal thereon, he shall for every such offence forfeit a sum not exceeding forty shillings ; but nothing in this regulation shall prevent the passing across the Rail- road where the same is crossed by any other road on a level therewith. 4. If any animal shall be found going at large within the limits of the Railroad, or any section thereof, after the same shall be open for use, the owner thereof, and the person through whose default or neglect the same shall occur, shall for every such offence severally forfeit a sum not exceeding forty shillings, provided that the Railroad shall have on the sides thereof where it shall not cross some other road on the eame level a fence approved of by the Commissioners. 5. If any person shall travel, or attempt to travel, in any carriage belonging to the Railroad, without having previously paid his fare, and with intent to avoid payment thereof, 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 ftdditional 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 quit such carriage, or if any person, while in such carriage, shall offend or annoy the other passengers therein by riotous con- duct, or by indecent or profane language, or shall disobey con- iBobcy An Act for regulation of Railways. 41 ' the lawful divections of the Conductor or Officer, cr shall * peraist in smoking after a request from the Conductor to de^ eist, every such person shall for every such offence forfeit a i Bum not exceeding five pounds. 6. If any person be discovered either in or after commit- i ting or attempting to commit any such offence as in the pre- > ceding regulation mentioned, all officers and servants of the j Commissioners and such other persons as they may call to <. their aid, and all constables, gaolers, and peace officers, may lawiully apprehend and detain such person until he can con- veniently be taken before some Justice, or until he can be otherwise discharged in due course of law. -. ; ' 'J 7. If any person shall send by the Kail way any aqua- y fortis, oil of vitriol, gunpowder, lucifer matches, or other ■■, goods of a dangerous character, without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice to the book-keeper or other servant of the Commissioners with whom the same are left, at the time of so sending, he shall forfeit for every such offence a sum not exceeding twenty pounds. 8. If any passenger shall wilfully cut the lining, or re- ru':-^\d or damage any part of the carriage, or shall get into ov g : off of any train when in motion, or at any other place k.htin the passengers' platforms, or attempt to do so, every such person shall for every such offence forfeit and pay a Bum not exceeding forty shillings. 9. If any person shall wilfully and maliciously put, place, 'cast or throw upon or across any Railway, any wood, stone or other matter or thing, or shall wilfully or mali- cious'y take up, remove or displace any rail, sleeper, or other matter or thing belonging to any Railway, or ehall wilfully and maliciously turn, move or divert any points or Other machinery belonging to any Railway, or eball wilfully D 4$ Am Act for regulation of Railways, OE maliciously make or show, hide or remove any signal or light upon or near to any Railway, or shall wilfully or ma* lioiously do or causa to be dono any other matter or thing with intent in any of the cases aforesaid, to obstruct, upseij overthrow, injure or destroy any engine, tender, carriage, truck, using such Railway, or to endanger the safety of ahj person travelling or being upon any such Railway, every such offender shall be guilty oi felony, and be imprisoned for a term not exceeding seven years. - X - - . . . 10. It shall be lawii » any officer or agent of the Rail- way Commissioners, or for any special constable duly ap- pointed, and all such persons as they may call to their ae- eistance, to seize and detain any conductor, engine driver, porter, or other f;ervant in the employ of such Commission- ers, who shall be found drunk while employed upon the Railway, or commit any offence against any of the by-laws, rules, or regulations of such Commissioners ; or shall wil- fully, maliciously, or negligently do or omit to do any act whereby the life or limb of any person passing along, or being upon the Railway, or the works thereof respectively ehall be or might be injured or endangered, or whereby the passage of any of the engines, carriages or trains shall be or might be obstructed or impeded, and to convey such conduc- tor, engine driver, porter, or other servant so offending, or any person counselling, aiding, or assisting in such offence, with all convenient dispatch before some Polic6 Magistrate for the place ■« ithin which such offence shall be committed^ . without any other warrant or authority than this x\ct ; and every such person so offending, and eve?y person counsel- ling, aiding, or assisting therein as aforesaid, bhall, when . convicted brfore such Justice as aforesaid, (v^hois hereby authorized and required upon complaint to him made upon - oath, without information in writing, to take cognizance thereof and to act summarily in the premises,) in the discre^ tiou pf j|uo|i Jostice be imprisoned with or without hard ^ An Act for regulation of Ratlioaps, 48 labour for any tenn not exceeding two calendar montlii, or in the like discretion of such Justice shall for every aiudi offence forfeit any sum not exceeding ten pounds, and in de- fiiult of payment thereof, shall be imprisoned with or with- out hard labour as aforesaid, for such period, not exceeding two calendar months, as such Justice shall appoint, such commitment to be determined on payment of the amount of the penalty. ....,, 11. The Lieutenant Governor in Council is hereby .au- thorized to appoint fit and proper pe: sons to be Police Magis- trates along the line of the European and North American Railway, each of which Police Magistrates shall have au- thority to act by himself in all cases in which two Justioai of the Peace may now act, and in the adjudication of all summary cases under this Act ; and the jurisdiction of such Police Magistrates may extend along the whole line of the European and North American Railway, its branches and extensions, and within five miles on each side thereof, through all or any of the Counties within which the said line of Railway, its branches or extensions, may pass, ac- cording as the Lieutenant Governor in Council may appoinc and direct, and may be described in all proceedings as " The Police District of the European and North American Rail- way ;" and such Police Magistrates are hereby authorized and. empowered to appoint, subject to the approval of the said Commissioners, such and so many stipendiary consta- bles on the said line of Railway as thoy may deem necessary for the preservation of peace or good order, and to displace the same and appoint others whenever requisite, which con- stables shall be under the direction and control of such Police Magistrates ; and such Magistrates and Constables shall have all the powers, authority and privileges incident to the office of the Police Magistrates and Constables by the provisions of an Act passed in the eleventh year of the Keignoi Her present Majesty, intituled .An Act Jor estdh- 44 An Act for regulation of Railways, Ushing and maintaining a Police Fotce in the Parish of Port- land, in the City and County of Saint John, within the die- triot for which they are severally appointed. «< ^^^ '■'■'■ '>i» 'i).* 12. The tenth, fifteenth, sixteenth, eighteenth, nine- teenth, twenty-second, twenty-third, twenty-fourth, twenty- fifth, twenty-sixth, twenty-seventh, thirty-fifth, (together with Schedules A B therein referred to mutatis mutandis,) and thirty-sixth Sections of an Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act for establishing and maintaining a Police Force in the Parish of Portland, in the City and County oj Saint John, shall extend an apply to and be in force in the said District to all intents and purposes ; and all and every of the of- fences, penalties, forfeitures, powers, authorities, methods, remedies, rules, regulations, advantages, directions, clauses, matters and things contained in the said several Sections respec- tively, shall be created, incurred, and be observed, practised and put in execution in the said Police District, as fully and effectually to all intents and purposes as if the said offences, forfeitures, powers, authorities, methods, remedies, rules, regulations, advantages, directions, clauses, matters and things were severally, particularly, and respectively repeat- ed and re-enacted, and were declared in the body of thii Act, and shall severally be applied, construed, deemed and taken to belong to this Act, in like manner as if the same had been enacted therein. 13. In every case on the adjudication of a pecuniary penalty under this Act, and non-payment thereof, it shall be lawful for the Police Magistrate to commit the offender to the common gaol or to the Penitentiary for a term not ex- ceeding three months, the imprisanment to cease on pay- ment of the 6um due on such conviction. 14. It shall be lawful f jr such Magistrate who shall hear And determine any sucU charge or complaint^ to award 0uch An Act for regulation of Railways. 45 costs to be paid to or by either of the parties to the said charge or complaint, the said costs to be according to the Table of Fees in the said Portland Police Act hereinbefore referred to. . * > - 15. The said Police Magistrates, and each of them, shall keep a book in which shall be regularly entered an account, fin detail, of all sums of money, whether ariuing from fines, penalties, convictions, costs or fees received or expended by such Magistrate in connexion with or on account of such Police establishment, and shall pay over all such moneys so received at the end of each month to the Provincial Treasu- rer, and the same shall form part of the Railway Fund. 16. The Commissioners of Railways are hereby empowered to appoint and establish one or more buildings or places to be lock-up houses in and for the said district, and the same ■hall be to all intents and purposes a lawful place of commit- tal and confinement of persons charged with ofiences against this Act, during the time of proceeding and until final judgment for such offence, at the discretion of the Magistrates. 17. Whereas it is desirable that all Sections of this Act applicable to the New Brunswick and Canada Railway and Land Company, shall be in full force : Ar.d Avhereas in this Act the words following, that is to say, ' the Commissioners for the management and construction of Railways under Act 19 Victoria, Chapter 15, or any Engineer, officer or person acting under authority from the said Commissioners,' are used ; be it therefore enacted as follows — The term ' Commis- sioner, Manager, Engineer, or any officer or person acting under their authority,' shall have the same meaning and ef- fect as respects the New Brunswick and Canada Railway and Land Company, as the term hereinbefore mentioned has with respect to the European and North American Railway Company ; and offences committed under this Act along the 46 An Act/w reffuUUion of Railways. line of the New BrunBwiok and Canada Railway and Land ('•ompanj may be tried, in the absence of a Police Magistrate, bv any Justice of the Peace in any County where any such offence may bo committed ; and all the proyisionfl of tho Sections of this Act from one to ten inclusive, and also the ihirtoenth and sixteenth Sections, shall be and are hereby t>x tended to tho said New Brunswick and Canada Railwaiy and Land Company as fully as if the same were enacted in thv Act or Acts passed relating thereto. ,-' 1 Oxi,? (>•*!,!. ..":■ . -/En:}'.'," > --.r (>>» 1