AN ACT FOR THE BETTER REGULATION OF THE REGULAR AND AUXILIARY LAND FORCES OF THE CROWN; AND FOR OTHER PURPOSES RELATING THERETO.— [17th August 1871.] XVI. Power of Government on occasion of emergency to take possession of railroads. When her Majesty, by Order in Council, declares that an emergency has arisen in which it is expedient for the public service that her Majesty's Government should have control over the railroads in the United Kingdom, or any of them, the Secretary of State may, by warrant under his hand, empower any person or persons named in such warrant to take possession in the name or on behalf of her Majesty of any railroad in the United Kingdom, and of the plant belonging thereto, or of any part thereof, and may take possession of any plant without taking possession of the railroad itself, and to use the same for her Majesty's service at such times and in such manner as the Secretary of State may direct; and the directors, officers, and servants of any such railroad shall obey the directions of the Secretary of State as to the user of such railroad or plant as aforesaid for her Majesty's service. 1871. 34 & 35 VICT. Cap. 86. Any warrant granted by the said Secretary of State in pursuance of this section shall remain in force for one week only, but may be renewed from week to week so long as, in the opinion of the said Secretary of State, the emergency continues. There shall be paid to any person or body of persons whose railroad or plant may be taken possession of in pursuance of this section, out of moneys to be provided by Parliament, such full compensation for any loss or injury they may have sustained by the exercise of the powers of the Secretary of State under this section as may be agreed upon between the said Secretary of State and the said person or body of persons, or, in case of difference, may be settled by arbitration in manner provided by "The Lands Clauses Consolidation Act, 1845." Where any railroad or plant is taken possession of in the name or on behalf of her Majesty in pursuance of this section, all contracts and engagements between the person or body of persons whose railroad is so taken possession of and the directors, officers, and servants of such person or body of persons, or between such person or body of persons and any other persons in relation to the working or maintenance of the railroad, or in relation to the supply or working of the plant of such railroad, which would, if such possession had not been taken, have been enforceable by or against the said person or body of persons, shall during the continuance of such possession be enforceable by or against her Majesty. For the purposes of this section "railroad" shall include any tramway, whether worked by animal or mechanical power, or partly in one way and partly in the other, and any stations, works, or accommodation belonging to or required for the working of such railroad or tramway. "Plant" shall include any engines, rolling stock, horses, or other animal or mechanical power, and all things necessary for the proper working of a railroad or tramway which are not included in the word "railroad.” 35 & 36 VICT. Cap. 50. THE RAILWAY ROLLING STOCK PROTECTION ACT, 1872.— 35 & 36 VICT. CAP. 50. AN ACT TO PROTECT RAILWAY ROLLING STOCK FROM DISTRAINT WHEN ON Preamble.1 - 1 Omitted by 56 & 57 Vict. c. 54. I. Short title. This Act may be cited as "The Railway Rolling Stock Protection Act, 1872." II. Interpretation of terms.-In this Act "Rolling stock" includes waggons, trucks, carriages of all kinds, and loco- "Rent" includes royalty or other reservation in the nature of rent: "Tenant" includes a lessee, sub-lessee, or other person having an interest in a work under a lease or agreement, or by use and occupation, or being otherwise liable to pay rent in respect of a work: "Person" includes a body corporate : "Court of summary jurisdiction" means any justices of the peace, metropolitan police magistrate, stipendiary magistrate, sheriff, sheriff-substitute, or other magistrate or officer, by whatever name called, who is capable of exercising jurisdiction in summary proceedings for the recovery of penalties. III. Rolling stock protected from distress or sale in certain cases.-Rolling stock being in a work shall not be liable to distress for rent payable by a tenant of the work, if such rolling stock is not the actual property of such tenant, and has upon it a distinguishing metal plate affixed to a conspicuous part thereof, or a distinguishing brand or other mark conspicuously impressed or made thereon, sufficiently indicating the actual owner thereof.1 1 Easton Estate Co. v. Western Waggon Co. (1886), 54 L.T. 735. IV. Remedy in case distress proceeded with.--Where any such rolling stock as aforesaid is distrained, a court of summary jurisdiction may make against the landlord such summary order for restoration of the rolling stock or for payment of the real value thereof, and respecting costs or otherwise, and may make against the person distraining such order in the matter, and respecting costs, as to the court seems just. V. Not to extend to protect tenant's interest in rolling stock.—This Act shall not extend to protect from distress the interest which any tenant may have in any rolling stock otherwise protected under this Act, but such interest may be distrained upon by the landlord and disposed of in the same manner as the whole interest of such tenant, if he had possessed the same; and in case of disagreement between the landlord and the parties claiming such rolling stock as to the mode of disposing of such interest, the same shall be settled by the court of summary jurisdiction; and the court shall, on the application of either party, make such order therein as to the court shall seem fit. VI. Appeal to quarter sessions.-If any party thinks himself aggrieved by any order of adjudication of a court of summary jurisdiction under this Act, or by dismissal of his complaint by any such court, he may appeal therefrom, subject to the conditions and regulations following; (that is to say), (1) The appeal shall be made to some court of general or quarter sessions (2) The appellant shall, within seven days after the cause of appeal has VII. Exclusion of certiorari.-No order or conviction of a court of summary jurisdiction under this Act shall be quashed for want of form, or be removed by certiorari or otherwise (at the instance either of the Crown or of any private party) into any superior court. 1872. 36 & 37 VICT. Cap. 48. THE REGULATION OF RAILWAYS ACT, 1873.— AN ACT TO MAKE BETTER PROVISION FOR CARRYING INTO EFFECT THE RAILWAY Preamble.1 1 1 Omitted by Stat. Law Rev. Act (No. 2), 1893, 56 & 57 Vict. c. 54. PRELIMINARY. I. Short title.-This Act may be cited as "The Regulation of Railways Act, 1873."1 1 This Act also, by 51 & 52 Vict. c. 25, sec. 1, may be cited along with the Acts of 1854 and 1888, and amending Acts, as The Railway and Canal Traffic Acts, 1873 and 1888. See also Short Titles Act, 1896. Upon the Act of 1873 see Law of Rlys. pp. 569, 593, 595, 596, 598-601, 602, 609-618. II. Commencement of Act.1 1 Repealed by 56 & 57 Vict. c. 54. III. Definitions.—In this Act The term "railway company" includes any person being the owner or lessee of or working any railway in the United Kingdom constructed or carried on under the powers of any Act of Parliament: The term "canal company" includes any person being the owner or lessee of, or working, or entitled to charge tolls for the use of any canal in the of Parliament: United Kingdom constructed or carried on under the powers of any Act The term "person" includes a body of persons corporate or unincorporate: The term "railway" includes every station, siding, wharf, or dock of or belonging to such railway and used for the purposes of public traffic: The term "canal" includes any navigation which has been made under or upon which tolls may be levied by authority of Parliament, and also the wharfs and landing-places of and belonging to such canal or navigation, and used for the purposes of public traffic: The term "traffic" includes not only passengers and their luggage, goods, animals, and other things conveyed by any railway company or canal company, but also carriages, waggons, trucks, boats, and vehicles of every description adapted for running or passing on the railway or canal of any such company: The term "mails" includes mail bags and post-letter bags: The term "special Act" means a local or local and personal Act, or an Act of a local and personal nature, and includes a provisional order of the Board of Trade confirmed by Act of Parliament, and a certificate granted by the Board of Trade under The Railways Construction Facilities Act, 1864.1 1 The definition of the "Treasury" is repealed by 56 & 57 Vict. c. 54, and the remainder of the section by sec. 59 of 51 & 52 Vict. c. 25. APPOINTMENT AND DUTIES OF RAILWAY COMMISSIONERS. IV. Appointment of Railway Commissioners.-Repealed by sec. 59 of 51 & 52 Vict. c. 48. V. Commissioners not to be interested in railway or canal stock.-Any person appointed a commissioner under this Act shall within three calendar months after his appointment absolutely sell and dispose of any stock, share, debenture stock, debenture bond, or other security of any railway or canal company in the United Kingdom which he shall at the time of his appointment own or be interested in for his own benefit; and it shall not be lawful for any person appointed a commissioner under this Act, so long as he shall hold office as such commissioner, to purchase, take or become interested in for his own benefit, any such stock, share, debenture stock, debenture bond, or other security; and if any such stock, share, debenture stock, debenture bond, or other security, or any interest therein, shall come to or vest in such commissioner by will or succession, for his own benefit, he shall within three calendar months after the same shall so come to or vest in him absolutely sell and dispose of the same or his interest therein. It shall not be lawful for the commissioners, except by consent of the parties to the proceedings, to exercise any jurisdiction by this Act conferred upon them in any case in which they shall be, directly or indirectly, interested in the matter in question. The commissioners shall devote the whole of their time to the performance of their duties under this Act, and shall not accept or hold any office or employment inconsistent with this provision. VI. Transfer to commissioners of jurisdiction under 17 & 18 Vict. c. 31 sec. 3. -Any person complaining of anything done, or of any omission made in violation or contravention of section two of The Railway and Canal Traffic Act, 1854, or of section sixteen of The Regulation of Railways Act, 1868, or of this Act, or of any enactment amending or applying the said enactments respectively, may apply to the commissioners, and upon the certificate of the Board of Trade alleging any such violation or contravention any person appointed by the Board of Trade in that behalf may in like manner apply to the commissioners; and for the purpose of enabling the commissioners to hear and determine the matter of any such complaint, they shall have and may exercise all the jurisdiction conferred by section three of The Railway and Canal Traffic Act, 1854, on the several courts and judges empowered to hear and determine complaints under that Act; and may make orders of like nature with the writs and orders authorised to be issued and made by the said courts and judges; and the said courts and judges shall, except for the purpose of enforcing any decision or order of the commissioners, cease to exercise the jurisdiction conferred on them by that section.1 As to 1 As to limits of jurisdiction of commissioners, see Cal. R.C. v. Greenock and Wemyss Bay R.C. (1878), 5 R. 995; Aberdeen Com. Co. v. G.N.S.R. (1878), 6 R. 67; and Law of Rlys. pp. 614-619, and cases there cited. See especially as to structural construction, S.E. R.C. v. Corporation of Hastings (1879), 6 Q.B.D. 586, 3 R. & C. T. Ca. 464 and 505. resumption of passenger traffic, Darlaston Local Board v. L. and N. W. R. L. R. (1894), 2 Q.B. 45 and 694; and as to charging fares or rates in excess of maximum, Brown v. G. W.R. (1881), 7 Q.B.D. 182, 3 R. & C. T. Ča. 523; The Queen v. The Distington Iron Co. (1889), 22 Q. B.D. 642, 6 R. & C. T. Ca. 108. VII. Power for commissioners to enable companies to explain alleged violation of law. Where the commissioners have received any complaint alleging the infringement by a railway company or canal company of the provisions of any enactment in respect of which the commissioners have jurisdiction, they may, if they think fit, before requiring or permitting any formal proceedings to be taken on such complaint, communicate the same to the company against whom it is made, so as to afford them an opportunity of making such observations thereon as they may think fit. VIII. Differences between railway and canal companies to be referred to 1873. |