Extract from the Act, the 3rd and 4th Victoria, Chap. 97, entitled “An Act for Regulating Railways:”—
Punishment of Servants of Railway Companies guilty of Misconduct.
Section 13.]—That 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 Bye-laws, 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 authorised 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, with or without hard labour, 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 10l., and in default of payment thereof shall be imprisoned, with or without 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; and every such penalty shall be returned to the next ensuing Court of Quarter Sessions in the usual manner.
Justices of the Peace empowered to send any case to be tried by the Quarter Sessions.
Section 14.]—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 gaols or houses of correction in the said county or place in the mean time, 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 of 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, with or without hard labour, for any term not exceeding two years.
Punishment of Persons Obstructing Railways.
Section 15.]—That from and after the passing of this Act, every person who shall wilfully do, or cause to be done, anything in such manner as to obstruct any Engine or Carriage using any Railway, or to endanger the safety of persons conveyed in or upon the same, or shall aid or assist therein, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court before which he shall have been convicted, to be imprisoned, with or without hard labour, for any term not exceeding two years.
For Punishment of Persons Obstructing the Officers of any Railway Company, or Trespassing upon any Railway.
Section 16.]—That 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 and 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, where convicted before such Justice as aforesaid (who is hereby authorised and required upon complaint to him upon oath to take cognizance thereof and to act summarily in the premises), shall, at the discretion of such Justice, forfeit to Her Majesty any sum not exceeding 5l., and in default of payment thereof shall or may be imprisoned for any term not exceeding two Calendar months; such imprisonment to be determined on payment of the amount of the penalty.