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RAILWAY REGULATION ACT 1840

RAILWAY REGULATION ACT 1840 - LONG TITLE

An Act for regulating Railways.{1}
[10th August 1840]
Preamble rep. by SLR 1890 (No. 2)

Ss.16 rep. by 1871 c.78 s.17 sch.2; 1946 c.13 (NI) s.16(3) sch.;
SLR 1959

RAILWAY REGULATION ACT 1840 - SECT 7
Copies of existing byelaws to be laid before the Board of Trade,
&c.

7. And whereas many railway companies are or may hereafter be
empowered by Act of Parliament to make byelaws, orders, rules, or
regulations, and to impose penalties for the enforcement thereof,
upon persons other than the servants of the said companies, and it
is expedient that such powers should be under proper control: True
copies of all such byelaws, orders, rules, and regulations made
under any such powers by every such company before the passing of
this Act, certified in such manner as the lords of the said
committee may from time to time direct, shall, within two calendar
months after the passing of this Act, be laid before the lords of
the said committee; and that every such byelaw, order, rule, or
regulation, not so laid before the lords of the said committee
within the aforesaid period, shall, from and after that period,
cease to have any force or effect, saving in so far as any
penalty may have been then already incurred under the same.

RAILWAY REGULATION ACT 1840 - SECT 8
No future byelaws to be valid till two calendar months after they
have been laid before the Board of Trade.

8. No such byelaw, order, rule, or regulation made under any such
power, and which shall not be in force at the time of the passing
of this Act, and no order, rule, or regulation annulling any such
existing byelaw, rule, order, or regulation, which shall be made
after the passing of this Act, shall have any force or effect
until two calendar months after a true copy of such byelaw, order,
rule, or regulation, certified as aforesaid, shall have been laid
before the lords of the said committee, unless the lords of the
said committee shall, before such period, signify their approbation
thereof.

RAILWAY REGULATION ACT 1840 - SECT 9
Board of Trade may disallow byelaw.

9. It shall be lawful for the lords of the said committee, at any
time either before or after any byelaw, order, rule, or regulation
shall have been laid before them as aforesaid shall have come into
operation, to notify to the company who shall have made the same
their disallowance thereof, and, in case the same shall be in force
at the time of such disallowance, the time at which the same shall
cease to be in force; and no byelaw, order, rule, or regulation
which shall be so disallowed, shall have any force or effect
whatsoever; or, if it shall be in force at the time of such
disallowance, it shall cease to have any force or effect at the
time limited in the notice of such disallowance, saving in so far
as any penalty may have been then already incurred under the same.

Ss.1012 rep. by 1871 c.78 s.17 sch.2

RAILWAY REGULATION ACT 1840 - SECT 13
Punishment of servants of railway companies guilty of misconduct.

13. It shall be lawful for any officer or agent of any railway
company, or for any special constable duly appointed, and all such
persons as they may call to their assistance, to seize and detain
any engine driver, guard, porter, or other servant in the employ of
such company, who shall be found drunk while employed upon the
railway, or commit any offence against any of the byelaws, rules,
or regulations of such company, or shall wilfully, 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 belonging to
such company, or the works thereof respectively, shall 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 engine driver, guard, porter, or other
servant so offending, or any person counselling, aiding, or assisting
in such offence, with all convenient despatch, before some justice
of the peace for the place within which such offence shall be
committed, without any other warrant or authority than this Act; and
every such person so offending, and every person counselling, aiding,
or assisting therein as aforesaid, shall, when convicted before such
justice as aforesaid, (who is 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 discretion of such justice, be imprisoned, ... for any term not
exceeding two calendar months, or, in the like discretion of such
justice, shall for every such offence forfeit to Her Majesty any
sum not exceeding ten pounds, ....

RAILWAY REGULATION ACT 1840 - SECT 14
Justice of the peace may send any case to be tried by the quarter
sessions.

14. Provided always, that (if upon the hearing of any such
complaint he shall think fit) it shall be lawful for such justice,
instead of deciding upon the matter of complaint summarily, to
commit the person or persons charged with such offence for trial
for the same at the quarter sessions for the county or place
wherein such offence shall have been committed and to order that
any such person so committed shall be imprisoned and detained in
any of Her Majesty's [prisons] in the said county or place in the
meantime, or to take bail for his appearance, with or without
sureties, in his discretion; and every such person so offending, and
convicted before such court or quarter sessions as aforesaid (which
said court is hereby required to take cognizance of and hear and
determine such complaint), shall be liable, in the discretion of
such court, to be imprisoned, ... for any term not exceeding two
years.

S.15 rep. by 1871 c.78 s.17 sch.2

RAILWAY REGULATION ACT 1840 - SECT 16
Punishment of persons obstructing the officers of any railway
company, or trespassing upon any railway.

16. If any person shall wilfully obstruct or impede any officer or
agent of any railway company in the execution of his duty upon any
railway, or upon or in any of the stations or other works or
premises connected therewith, or if any person shall wilfully
trespass upon any railway, or any of the stations or other works
or premises connected therewith, and shall refuse to quit the same
upon request to him made by any officer or agent of the said
company, every such person so offending, and all others aiding or
assisting therein, shall and may be seized and detained by any such
officer or agent, or any person whom he may call to his
assistance, until such offender or offenders can be conveniently
taken before some justice of the peace for the county or place
wherein such offence shall be committed, and when convicted before
such justice as aforesaid, (who is hereby authorized and required,
upon complaint to him upon oath, to take cognizance thereof, and to
act summarily in the premises,) shall, in the discretion of such
justice, forfeit to Her Majesty any sum not exceeding five pounds,
....

S.17 rep. by SL(R) 1976

RAILWAY REGULATION ACT 1840 - SECT 18
Enactments empowering two justices to decide disputes respecting the
proper places for openings in the ledges or flanches of railways,
repealed.

18. And whereas many railway companies are bound by the provisions
of the Acts of Parliament by which they are incorporated or
regulated, to make, at the expence of the owner or occupier of
lands adjoining the railway, openings in the ledges or flanches
thereof (except at certain places on such railway in the said Acts
specified), for effecting communications between such railway and any
collateral or branch railway to be laid down over such lands; and
any disagreement or difference which shall arise as to the proper
places for making any such openings in the ledges or flanches is
by such Acts directed to be referred to the decision of any two
justices of the peace within their respective jurisdictions: And
whereas it is expedient that so much of every clause, provision,
and enactment in any Act of Parliament heretofore passed, as gives
to any justice or justices the power of hearing or deciding upon
any such disagreement or difference as to the proper places for any
such openings in the ledges or flanches of any railway, should be
repealed: So much of every such clause, provision, and enactment as
aforesaid shall be repealed.

RAILWAY REGULATION ACT 1840 - SECT 19
Board of Trade to determine such disputes in future.

19. In case any disagreement or difference shall arise between any
such owner or occupier, or other persons, and any railway company,
as to the proper places for any such openings in the ledges or
flanches of any railway (except at such places as aforesaid), for
the purpose of such communication, then the same shall be left to
the decision of the lords of the said committee, who are hereby
empowered to hear and determine the same in such way as they shall
think fit, and their determination shall be binding on all parties.

S.20 rep. by 1871 c.78 s.17 sch.2. S.21 rep. by SL(R) 1976. S.22
rep. by 1871 c.78 s.17 sch.2






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URL: http://www.bailii.org/nie/legis/num_act/rra1840215.txt