THE REGULATION OF RAILWAYS ACT, 1889.—52 & 53 VICT. CAP. 57. 1889. ARRANGEMENT OF SECTIONS. Section I. Power to order certain provisions to be made for public safety. II. Enforcement of orders of Board of Trade. III. Issuing debenture stock to meet expenses incurred under this Act. V. Penalty for avoiding payment of fare. VI. Passenger ticket to have fare printed thereon. VII. Power to make bye-laws as to stations. VIII. Short title. AN ACT TO AMEND THE REGULATION OF RAILWAYS ACTS; AND FOR OTHER Preamble. Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. Power to order certain provisions to be made for public safety.-(1) The Board of Trade may from time to time order a railway company to do, within a time limited by the order, and subject to any exceptions or modifications allowed by the order, any of the following things :— (a) To adopt the block system on all or any of their railways open for the public conveyance of passengers; (b) To provide for the interlocking of points and signals on or in connection with all or any of such railways; (c) To provide for and use on all their trains carrying passengers con- (i.) The brake must be instantaneous in action, and capable of being (ii.) The brake must be self-applying in the event of any failure (iii.) The brake must be capable of being applied to every vehicle (iv.) The brake must be in regular use in daily working; (v.) The materials of the brake must be of a durable character and In making any order under this section the Board of Trade shall have regard to the nature and extent of the traffic on the railway, and shall, before making any such order, hear any company or person whom the Board of Trade may consider entitled to be heard. II. Enforcement of orders of Board of Trade.-If default is made in compliance with any order made by the Board of Trade in pursuance of the last foregoing section, the Railway and Canal Commission may, on the application of the Board of Trade, enjoin obedience to the order, and thereupon the order may be enforced as if it were made by the Commission for the purpose of carrying into effect any of the provisions of the Acts under which the Commission have jurisdiction. III.-Issuing debenture stock to meet expenses incurred under this Act.— 52 & 53 VICT. Cap. 57. Whenever any railway company shall be ordered by the Board of Trade to provide any appliances, or execute any works, or incur any expenditure under the provisions of this Act which would properly be chargeable to capital account, it shall be lawful for such company to furnish to the Board of Trade an estimate of the cost of providing such appliances, executing such works, and carrying out such order generally, and thereupon the Board of Trade shall, upon the application of the company, fix and determine the amount which would properly be capital expenditure, and the company may from time to time issue debentures or debenture stock in priority to or ranking pari passu with any existing debentures or debenture stock of such company bearing interest at a rate not exceeding five per cent per annum to an amount not exceeding the sum so fixed and determined, and any money raised under the provisions of this section shall be applied in carrying out such requirements of the Board of Trade and to no other purpose whatsoever, and no other authority save the certificate of the Board of Trade shall be requisite to authorise and validate the issue of such debentures or debenture stock. IV. Returns of overtime to Board of Trade.-(1) Every railway company shall make to the Board of Trade periodical returns as to the persons in the employment of the company whose duty involves the safety of trains or passengers, and who are employed for more than such number of hours at a time as may be from time to time named by the Board of Trade. (2) The returns shall be delivered at such intervals and shall be in such form, and contain such particulars, as the Board of Trade from time to time direct. (3) The provisions of sections nine and ten of The Regulation of Railways Act, 1871, with respect to penalties, shall apply to returns under this section. V. Penalty for avoiding payment of fare.-(1) Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is paid, or pay his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding forty shillings. (2) If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, refuses, on request by an officer or servant of a railway company, to give his name and address, any officer of the company or any constable may detain him until he can be conveniently brought before some justice or otherwise discharged by due course of law.1 1 See Knights v. L., C., and D. R.C. (1893), 62 L.J. Q. B. 378. As to "fail to produce," see Brotherton v. Metr. and Dist. Joint Com. (1893), 9 T.L.R. 645. Law of Rlys. pp. 738, 739, 745, 746. (3) If any person— (a) Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof1; or 1 Huffam v. North Staffordshire R.C., L.R. (1894) 2 Q.B. 821. (6) Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof1; or 1 Noble v. Killick (1891), 60 L.J. M.C. 61. (c) Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address, he shall be liable on summary conviction to a fine not exceeding forty shillings, or, in the case of a second or subsequent offence, either to a fine not exceeding twenty pounds, or in the discretion of the court to imprisonment for a term not exceeding one month. (4) The liability of an offender to punishment under this section shall not prejudice the recovery of any fare payable by him. VI. Passenger ticket to have fare printed thereon.-From and after a date to be fixed by order of the Board of Trade, and subject to such exceptions, if any, as may be allowed by such order, every passenger ticket issued by any railway company in the United Kingdom shall bear upon its face, printed or written in legible characters, the fare chargeable for the journey for which such ticket is issued, and any railway company issuing any passenger ticket in contravention of the provisions of this section shall be liable to a penalty not exceeding forty shillings for every ticket so issued, to be recovered on summary conviction. VII. Power to make bye-laws as to stations.—The power conferred on a railway company by The Railways Clauses Consolidation Act, 1845, and The Railways Clauses Consolidation Act (Scotland), 1845, to make bye-laws subject to disallowance by the Board of Trade, shall include power to make [bye-laws for maintaining order in, and regulating the use of, railway stations and the approaches thereto.1 1 See 8 & 9 Vict. c. 33, secs. 101, 102. VIII. Short title.—(1) This Act may be cited as "The Regulation of Railways Act, 1889." (2) This Act and The Regulation of Railways Acts, 1840 to 1871, may be cited collectively as "The Regulation of Railways Acts, 1840 to 1889." 1 1 These Acts are also among those cited as "The Railway Regulation Acts, 1840 to 1893" (Short Titles Act, 1896, 59 & 60 Vict. c. 14). 1889. HOUSING OF THE WORKING CLASSES ACT, 1890.—53 & 54 VICT. CAP. 70. AN ACT TO CONSOLIDATE AND AMEND THE ACTS RELATING TO ARTISANS' AND LABOURERS' Dwellings, and THE HOUSING OF THE WORKING CLASSES.[18th August 1890.] LOANS TO AND POWERS OF COMPANIES, SOCIETIES, AND INDIVIDUALS. LXVII. Loans by Public Works Commissioners.—(1) In addition to the powers conferred upon them by any other enactment, the Public Works Loan Commissioners may, out of the funds at their disposal, advance on loan to any such body or proprietor as hereinafter mentioned; namely, (a) any railway company or dock or harbour company, or any other company, society, or association established for the purpose of constructing or improving, or of facilitating or encouraging the construction or improvement of dwellings for the working classes, or for trading or manufacturing purposes (in the course of whose business, or in the discharge of whose duties persons of the working classes are employed); 1890. 53 & 54 VICT. Cap. 70. (b) any private person entitled to any land for an estate in fee-simple, or for any term of years absolute, whereof not less than fifty years shall for the time being remain unexpired; and any such body or proprietor may borrow from the Public Works Loan Commissioners such money as may be required for the purpose of constructing or improving, or of facilitating or encouraging the construction or improvement of dwellings for the working classes. (2) Such loans shall be made in manner provided by The Public Works Loans Act, 1875, subject to the following provisions: (a) Any such advance may be made whether the body or proprietor receiving the same has or has not power to borrow on mortgage or otherwise, independently of this Act; but nothing in this Act shall repeal or alter any regulation, statutory or otherwise, whereby any company may be restricted from borrowing until a definite portion of capital is subscribed for, taken, or paid up. (b) The period for the repayment of the sums advanced shall not exceed forty years. (c) No money shall be advanced on mortgage of any land or dwellings solely, unless the estate therein proposed to be mortgaged shall be either an estate in fee-simple, or an estate for a term of years absolute, whereof not less than fifty years shall be unexpired at the date of the advance. (d) The money advanced on the security of a mortgage of any land or dwellings solely shall not exceed one moiety of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in such land or dwellings proposed to be mortgaged; but advances may be made by instalments from time to time as the building of the dwellings on the land mortgaged progresses, so that the total advance do not at any time exceed the amount aforesaid; and a mortgage may be accordingly made to secure such advances so to be made from time to time. (3) For the purpose of constructing or improving or facilitating or encouraging the construction or improvement of dwellings for the working classes, every such body as aforesaid is hereby authorised to purchase, take, and hold land, and if not already a body corporate shall, for the purpose of holding such land under this part of this Act, and of suing and being sued in respect thereof, be nevertheless deemed a body corporate with perpetual succession. LXVIII. Powers to Companies.-Any railway company, or dock or harbour company or any other company, society, or association, established for trading or manufacturing purposes in the course of whose business or in the discharge of whose duties persons of the working class are employed, may and are hereby (notwithstanding any Act of Parliament, or charter, or any rule of law or equity to the contrary) authorised at any time to erect, either on their own land or on any other land (which they are hereby authorised to purchase and hold for the purpose, and to pay for out of any funds at their disposal), dwellings for the accommodation of all or any of the persons of the working class employed by them. THE RAILWAY AND CANAL TRAFFIC (PROVISIONAL ORDERS) 1891. AMENDMENT ACT, 1891.-54 VICT. CAP. 12. AN ACT TO REMOVE DOUBTS AS TO THE POWERS OF PUBLIC BODIES IN REFER- Preamble. Whereas by an Act of the thirty-fifth and thirty-sixth years of the reign of her present Majesty, chapter ninety-one, intituled "An Act to authorise the application of funds of municipal corporations and other governing bodies in certain cases," hereinafter referred to as The Borough Funds Act, authority is given to the council of any municipal borough, the board of health, local board, commissioners, trustees, or other body acting under any general or local Act of Parliament for the management, improvement, cleansing, paving, lighting, and otherwise governing places or districts, to apply the borough fund or rate, or other the public funds or rates under the control of any such governing body, to the payment of the costs, charges, and expenses of promoting or opposing any local and personal Bill or Bills in Parliament: And whereas by The Local Government Act, 1888, and The Local Government (Scotland) Act, 1889, the county council of an administrative county has the same powers of opposing Bills in Parliament as are conferred on the council of a municipal borough, by the above-recited Act of the thirty-fifth and thirty-sixth years of Victoria, chapter ninety-one : And whereas by The Borough Funds (Ireland) Act, 1888, similar powers were conferred upon governing bodies in Ireland: And whereas by The Railway and Canal Traffic Act, 1888, it was, among other things, provided that if while any Bill to confirm a Provisional Order by the Board of Trade, under section twenty-four of that Act, be pending in either House of Parliament a petition be presented against the Bill, or any classification and schedule comprised therein, the Bill, so far as it relates to the matter petitioned against, should be referred to a select committee, or, if the two Houses of Parliament think fit so to order, to a joint committee of such Houses, and the petitioner should be allowed to appear and oppose as in the case of a private Bill; and further, it was by the said Act provided that the Act of Parliament confirming any Provisional Order made under that section should be a public general Act: And whereas doubts have been entertained, whether in view of the said enactment governing bodies, as defined by The Borough Funds Act and The Borough Funds (Ireland) Act, 1888, respectively, and county councils have power to apply the funds or rates under their control, in opposing or subscribing towards the opposition of any Bill, to confirm any Provisional Order made under section twenty-four of The Railway and Canal Traffic Act, 1888, and it is expedient that such doubts should be removed : Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. Powers of governing bodies and county councils with reference to Bills for confirming Provisional Orders made under 51 & 52 Vict. c. 25, sec. 24.-Every governing body within the meaning of The Borough Funds Act or The Borough Funds (Ireland) Act, 1888, and every county council shall be entitled to be a petitioner, and to appear and oppose any Bill to confirm any Provisional |