34 & 35 VICT. Cap. 78.

(c) They may require and enforce the production of all books, papers, and documents which they consider important for the said purpose: (d) They may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

(e) Every person so summoned not being a person engaged in the management, service, or employment of a company, or otherwise connected with a company, shall be allowed such expenses as would be allowed to a witness attending on subpoena before a court of record; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to a master of one of the superior courts, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of such

expenses:

(4) The inspector making an inquiry into any accident and the court holding an investigation of any accident shall make a report to the Board of Trade stating the causes of the accident and all the circumstances attending the same, and any observations thereon or on the evidence or on any matters arising out of the investigation which they think right to make to the Board of Trade, and the Board of Trade shall cause every such report to be made public in such manner as they think expedient. VIII. Inspector having special skill may be appointed to assist coroner in England holding inquest on fatal accident.

RAILWAY STATISTICS.

IX. Companies to furnish statements of capital, traffic, and working expendi ture.-Every company shall annually prepare returns of their capital, traffic, and working expenditure for the last preceding financial year of the company in accordance with the forms contained in Schedule one to this Act, and a copy of each return, signed by the chairman or deputy chairman of the directors of the company, and by the officer of the company responsible for the correctness of each return, or any part thereof, shall be forwarded by the company to the Board of Trade at the times following; (that is to say),

If the company is an incorporated company, within fourteen days after the first ordinary half-yearly meeting of the company held in each year: If the company is not an incorporated company, or fails to hold half-yearly meetings, not later than the thirty-first day of March in each year. Any company which fails to forward the said return in accordance with the provisions of this section shall be liable to a penalty not exceeding five pounds for every day during which such default continues. The Board of Trade, with the consent of a company, may alter the said forms as regards such company for the purpose of adapting them to the circumstances of such company or of better carrying into effect the objects of this section.

X. Penalty for false return.-If any return which is required by this Act is false in any particular to the knowledge of any person who signs the same, such person shall be liable on conviction thereof on indictment to fine and imprisonment, or on summary conviction thereof to a penalty not exceeding fifty pounds.

MISCELLANEOUS.

XI. Disobedience to or obstruction of inspector or court.-If any person, without reasonable excuse (proof whereof shall lie on him), does any of the following things, namely

(1) Having been summoned, and having had the expenses (if any) to which he is entitled tendered to him, fails to attend as a witness before any inspector under this Act, or before a court holding an investigation under this Act, or fails when required by the inspector or such court in pursuance of this Act so to do, to make any answer, or to give any return, or to produce any document, or to make or sign any declaration; or

(2) Prevents or impedes the inspector or such court in the execution of his or their duty;

he shall for every such offence incur a penalty not exceeding ten pounds, and in the case of a refusal to make any return or produce any document, not exceeding ten pounds during every day that such failure continues; and where the offence consists of preventing or impeding as aforesaid, the inspector, or any member of such court, or any person called by him to his assistance, may seize and detain the offender until he can be conveniently taken before a court of summary jurisdiction, to be dealt with according to law.

XII. Limitation of liability of companies on sea voyages in certain cases.— Where a railway company under a contract for carrying persons, animals, or goods by sea procure the same to be carried in a vessel not belonging to the railway company, the railway company shall be answerable in damages in respect of loss of life or personal injury, or in respect of loss of or damage to animals or goods, in like manner and to the same amount as the railway company would be answerable if the vessel had belonged to the railway company; provided that such loss of life or personal injury, or loss or damage to animals or goods, happens to the person, animals, or goods (as the case may be) during the carriage of the same in such vessel, the proof to the contrary to lie upon the railway company.

XIII. Amendment of certain Acts applicable to England for punishment of juvenile offenders, etc.

XIV. Penalty for trespasses on railways.-Section twenty-three of The Regulation of Railways Act, 1868, shall have effect as if the words "after having once received warning" were substituted therein for the words "after having received warning."1

1 Words which followed repealed by 46 & 47 Vict. c. 39.

XV. Recovery, etc., of penalties.-Every penalty imposed by this Act shall be recovered and applied in the same manner as penalties imposed by The Railways Clauses Consolidation Act, 1845, and The Railways Clauses Consolidation (Scotland) Act, 1845 (as the case may require), are for the time being recoverable and applicable.

XVI. Application of Act to Scotland.-In the application of this Act to Scotland

(1) The term "attending on subpoena before a court of record" means attending on citation the Court of Justiciary.

(2) The Queen's and Lord Treasurer's Remembrancer shall perform the duties of a master of one of the superior courts under this Act.

(3) The term "stipendiary magistrate" means a sheriff or sheriff-substitute.

XVII. Repeal of Acts in Schedule.1

1 Repealed by 46 & 47 Vict. c. 39.

XVIII. Commencement of Act.1

1871.

1 Repealed by 56 & 57 Vict. c. 54.

[SCHEDULE.

34 & 35 VICT. Cap. 78.

SCHEDULE I.

RETURNS.

FORM I.

RETURN in pursuance of
by the
Railway Company, of their authorised share and loan capital, and the sums received in
respect of their ordinary capital, and preferential capital, and debenture stock, or
funded debt, on the 31st December 18-, specifying the rate per cent of the dividends
for the year 18-, on each of the said capitals, showing also the loans outstanding on
the 31st December 18-, classified according to the several rates per cent of interest
and the capital subscribed to other undertakings, whether such undertakings are on
lease to, or worked by, the subscribing company, or are independent.

NOTE. This return should be dated and signed by the officer or officers of the company responsible for its correctness.

* This should include all capital authorised to be raised by Acts of Parliament, or by certificates of the Board of Trade under The Railway Companies' Powers Act, 1864; but should not include capital authorised only for purposes which have lapsed by abandonment or otherwise.

In cases where a subscription is authorised out of existing capital, no addition should be made in respect of it to the sum entered in this column, but only to the sum entered in the last column.

Care should be taken not to confound debenture stock with ordinary debenture loans, and not to enter the same sum under both heads.

This return should be dated and signed by the officer or officers of the company responsible for its correctness.

If the company's accounts are made up to a period differing from the above, the period which this statement embraces should be stated.

+ Insert here the names of all railways the traffic of which is included in this statement. This should not include the length of those lines belonging to other companies over which the company have merely "running powers." It should, however, include half the length of "joint lines."

§ Return tickets to be counted as two passengers, and children as whole passengers. Insert here the actual number of ticket-holders, and not an estimate of the number of journeys performed by them.

NOTE This return should be dated and signed by the officer or officers of the company responsible for its correctness.

N.B.—This return should include sums paid out of renewal or reserve funds of any kind, and the amounts so paid should be stated under the several heads to which they are applicable. It should not, however, include "interest on loans."

*Here insert the names of the railways included in this statement.

If the company's accounts are made up to periods differing from the above, the period which this statement embraces should be stated.

This should not include the length of those lines over which the company have merely "running powers." It should, however, include half the length of "joint lines.'

§ In the case of Scotch railways "Feu-duties" should not be included under this head, but under that of "Miscellaneous."

"Legal Expenses" connected with compensation should not be included under these heads, but under that of "Legal and Parliamentary Expenses."