2970 RAILWAYS. [ 54 VICT.

RAILWAYS ACT 1890.

54 VICTORIA, An Act to consolidate the Law relating to Railways. No. 1135. n / \ / \ n

— [10th July, 1890.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legis­

lative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

short title com-*• This Act may be cited as the H/i%lw(iy$ A.ct 1890, and shall

d i e S ^ and come in^ operation on the first day of August One thousand eight

ftcpeah Schedule.

hundred and ninety, and Subdivisions as follows:—

is divided into Parts Divisions and

PART I.—General Provisions as to Railways ss. 4-38. ' ( 1 ) Appointment Salaries &c.

ss. 40-51. (2) Vesting Railway Property

ss. 52-56. ^(3) General Duties ss. 57-61.

Division 2.—Construction and Maintenance ss. 62-69.

'(1; Officers and Employ6s PART 11.— State Railways.

Division 1.— Commissioners,

ss. 70-94. (2) Passengers and Goods &c.

Division 3.— ss. 95-98. Management. . ] (3) Telegraphs and Postal

ss. 99-104. 4) By-laws ss. 105-112. 5) Miscellaneous ss. 113-120.

Division 4.—Offences s. 121.

PAST III.—Private Railways ss. 122-143.

2. The Acts mentioned in the Schedule to this Act to the extent to which the same are thereby expressed to be repealed are hereby repealed. Provided that such repeal shall not affect any appoint­ment application order by-law rule or regulation duly made, or any notice or certificate given, or any summons warrant or other written instrument issued or granted, or any action commenced, or writ sued

!No. 1135.] R A I L W A Y S ACT 1890. 2971

out, or any contract or lease entered into under the said Acts or either of them before the commencement of this Act.

3 . In this Act unless there be something in the subject or context Interpretation.

repugn&iit to such. construction-—• T I F ^ / < ? ^ / C * "The Board shall mean the Board of Land and Works: lass™s. •*. , , m r, . . ti i n .i T T . , . -r, . , "The Vict.

" lne Uommissioners snail mean the Victorian -Hallways Railways com-Commissioners: igg3- , , 3.

"The Company " shall mean any railway company .now existing " The Board." or which may hereafter exist: sionerf"™1"*

"Minis te r" shall mean a responsible Minister of the Crown "TheCompany. administering this Act: "Minister."

" O w n e r " shall mean in Parts I . and I I I . of this Act when "Owner." used in respect to land any person who under the provisions of the said Parts or of any special Act therein referred fco would be enabled to sell and convey lands, and when used in the said Parts in relation to goods it shall include any consignor consignee shipper or agent for sale or custody of such goods as well as the owner thereof:

"P ie r " "wharf" and " je t ty " respectively shall mean any rail- " Pier'**' wharf"

way pier railway wharf or railway jetty and the works "jetty-connected therewith:

"Railway service" shall mean employment under the Commis- "Railway sioners and include employment in the following branches,8erv,oe-" that is to say, Engineers', Traffic, Secretary's, Accountant's, Locomotive, Telegraph, and any other separate branch which has been or may hereafter be created by the Commissioners:

" Vessel" shall include ship boat barge lighter and craft of every " vessell" kind and whether steam or other vessel.

PAST I.—GJENERAL PROVISIONS AS TO RAILWAYS.

4 . In this Part of this Act unless there be something in the sub-Interpolation.

iect or context repugnant to such construction— ";Thf ty**™. ** ± 0 j,artst Statute

" Collector of rates " shall mean the person appointed to collect1865" *•4* t t , .„i.*„ 1 _ j.i_:^ D * i. *i? .1 * * i. * J.. IL "Collector of

the rates by this Part or this Act or under any other rates." Act relating to railways authorized to be levied and shall include the assistants of such collector:

" M a s t e r " when used in relation to any vessel shall be under- ' Master.

stood to mean the person having command or charge of the vessel for the time being:

"P ie r mas te r" shall mean the person in charge of any pier 'Pier master." wharf or jetty and with respect to all acts authorized or required to be done by such pier master shall include the

. assistants of every such pier master: "Ra i lway" shall include " the railways " within the meaning •' Railway.'

of Part I I . as well as " R a i l w a y " and "Ra i lways" within the meaning of Par t I I I . of this Act.

" R a t e s " shall mean any rate duty charge or other payment 'Rates.' or outgoing in the nature thereof payable under this Part of this Act or under any other Act relating to railways:

VOL. IV. 2 L

2972 RAILWAYS ACT 1890. [54 VICT.

••The Public 5 . Fo r the purposes of this Act the Commissioners or company i805^«f<im<* shall be deemed to be a common carrier, and (except as by this Act coiiimissioners otherwise provided) shall be subject to the obligations and entitled to a n d c o m p a n y t o . , . .-i •*• .» ' , . J ^ be a camel, t he privileges ot such carriers. " This Vict. r o

2 2 S ' ®* When any goods shall be delivered to be carried along or upon i3S3"&si. any railway and the same shall have been carried safely to the place to o. KM. so. "which the Commissioners or company shall have undertaken to carry Liability for loss the same and shall have been duly discharged from the truck in which restricted. they were carried, the said Commissioners or company shall be •' Tke Public responsible only as bailees for custody in respect of any damage or loss Works Statute j n \ J - n _p j . i j j_-i n i iS85"«. iao. tha t may arise or accrue with reterence to such goods unti l the removal "The v-ict. of the same by the consignees thereof; and i f such goods shall not be Hallways Com- i ^ xi ° A* i i r\ - D - , , „ imssionere Act removed Irom the premises ot the (Jommissioners within twenty-iour Goods'ot hours and from the premises of the company within forty-eight hours removed from from the t ime of such discharge, such Commissioners or company may railway within , • i n n S i_ • .ii. * j J.J

forty-eight hours charge a reasonable sum tor the warehousing thereof, and recover the io^wawhou'ilnl. amount so charged from the person liable to pay or who shall have paid

for the carriage of such goods ; and the same may be recovered in the same manner as rates or charges due in respect of a n y animals or goods may be recovered under this P a r t of this Act .

Special con- 7 . I t shall be lawful for the Commissioners or company to make u'd'ronsonawe special conditions for the receiving forwarding or delivering any horse may be made. catt le or other animals and any articles goods or th ings . Provided wm*»smuu t ha t such conditions shall be adjudged by the court or by the judge 1866" a. m. before whom any question relat ing thereto shal l be tried to be jus t and 'iZ^wayTbnm- reasonable. Provided always tha t no greater damages shal l be recovered wwm'iwj\Act for fjjg loss of or for a i ly injury done to any of such animals beyond the 17 & is Vict, sums hereinafter mentioned, ( tha t is to say):—for any horse fifty pounds ; c 31 a. 7. ^ r any neat catt le per head twenty p o u n d s ; for any sheep pig or other rtSoveraWe"^9 small animal per head one pound ; unless the person sending or deliver-injury to i j . a e same shall a t the t ime of such delivery have declared them to

be respectively of higher value than as above mentioned i t shall be lawful for thts Comniisisioii6i*3 or company to demand and receive by way of compensation for the increased r isk and excess of care thereby occasioned a reasonable percentage upon the value so declared above the respective stilus so l imited as aforesaid and which

ial shall be paid in addition to the ordinary rate of charge ; and such hEher declared percentage or increased rate of charge shall be from t ime to t ime charge^ ascertained and fixed by one of the by-laws and such by-law shall be by-law. affixed i n some conspicuous place of the terminal stations of the rail-

ways to which the same apply ; and al l persons affected thereby shall be bound hv such notice without further proof of the same having come to their knowledge Provided also t h a t the proof of the value of such

andofdamage oni-mois ayHclesi goods or things and the amount of the iniurv done to^^onthe j.r •. ol)al. in all cases lie upon the persons claiming comrjerigation

for such loss or in in ry o if station^at 8 . Where passengers are booked a t any intermediate station for conditional. any train t he condition t h a t there is room in such t ra in shall in all "The Public ^ r • v j J v i v * j . „ £G .*„ i — J? 11 r. Works Statute cases be implied ; and when there is not sumcient room tor all such 1865" ft 122. passengers, those booked for the longest distance shall have theprefer -"ThC Vict, r ° i , i l i l !• n T i n m i *• -i

itaitmme com- ence, and those booked for the same distance shall have priority wslrTll.Act according to the order in which they are booked.

No. 11S5.] RAILWAYS ACT 1890. 2973

9. No person shall be entitled to require any single article of goods "The p«»rce to tie conveyed upon or along any railway subject to this Act the weight isK-'tissf' of "which exclusive of the carriage exceeds four tons or including the carriage of carriage exceeds eight tons, or which from its excessive bulk would be excessive weight inconvenient to transport; but no objection on account of its weight or ™n

bmuisorv bulk shall be taken to the carriage of any boiler or single piece of "The vta. machinery, if the same can be transported upon any single truck or J ^ J J , ^ ? carriage or upon two or more trucks or carriages joined together and if1883" *•54- • it be offered for transport at least twenty-four hours before the time bou"rorpiee« fixed for s t a r t i n g . ot machinery.

10. No person shall be entitled to carry or to require to be Dangerouegoods carried upon or along any railway any aquafortis oil of vitriol gun- ^oT^"*"1' powder lucifer matches or other goods which in the judgment of the vrerja statute Commissioners or company their officers or servants may be of o, ••Tkevut*' dangerous nature; and the.Commissioners or company their officers or «*«««»* c™. servants may refuse to take any parcel suspected to contain goods oi a ias3"«. 64, dangerous nature or require the same to be opened to ascertain the fact; SSU! Vici but nothing herein contained shall prevent the Commissioners or company their officers or servants carrying such goods if and when they think fit.

11. It shall be lawful for the Commissioners from time to time to The com-enter into any contract with any company being the owners or lessees Si ™e

e^ to or in possession of any other railway for the passage over or along any contract with railway vested in the Commissioners of any engines coaches waggons or companies. other carriages of such company or which shall pass over any other line Vr

T*f sf't'te of railway, or for the passage over any other line of railway of any isov «.i25. engines coaches waggons or other carriages of the Commissioners or 'jutuw«f'com-which shall pass over any railway vested in it, upon payment of such »»&««»>"* Act i l l 1 1 1 1 * 1 * 1 J 1 " ! * "T j *1 1 J.OQO- fl+ ( > 9 a

tolls and under such conditions and restrictions as may be mutually u,, Si ^ agreed upon; and for the purpose aforesaid it shall be lawful for the parties to enter into any contract for the division or apportionment of the tolls to be taken upon their respective railways.

IS . No such contract as aforesaid shall in any manner alter affect contracts not to increase or diminish any of the tolls which the parties to such contract 1!?™™?™ shall for the time being be respectively authorized and entitled to theret°-demand or receive from any person or any other company; but all other n^rl/sSie persons and companies shall notwithstanding any such contract be im" **m

entitled to the use and benefit of any of the said railways upon the Rtaiwaytctim-same terms and conditions and on payment of the same tolls, as they fj£[i?ne%iAct

would have been in case no such contract had been entered into. ib. & sa

13. If on demand any person fail to pay the tolls rates or charges In default of

due in respect of any animals or goods, the Commissioners or company ™3S™O¥VB,IB

may either recover the same in any court of competent jurisdiction, or *>t»in«<i ^ may detain and sell all or any of such animals or goods, or if the same <>The pvuic

• have been removed from the premises may detain and sell any other X^^™?** animals or goods within such premises belonging to the person liable "The net. to pay such tolls rates or charges, and out of the moneys arising from ^ S S m ^ ' such sale may retain the tolls rates or charges so payable and all isss **•«*• charges and expenses of such detention and sale, rendering the overplusltK "*97,

(if any) of such moneys and the unsold animals or goods to the person entitled thereto.

2 L 2

2974 RAILWAYS ACT 1890. [54 VICT.

"The Public Works Statute 1865 s. 128. Transient offender may be arrested. "The Vxet. Railways Com­missioners Act 1883 " s. 54. 8 & 9 Vict ft 20 s. 161.

Collector may enter on vessels to ascertain rates payable. "The Public Works Statute 1865 " s . 129. "The Vict. Railways Com­missioner*! Act 1883 " s . 64. Master of vessel to produce certificate of registry. "The Public Works Statute 1865 " «. 130 "The Vict. ItalUoays Cowl* missioners Act 1883"s. 54. Pier master's directions may be executed at cost of vessels. "The Public Works SSatute lo65 s. l o1 . '* The Vict Railways Com* tAissioTierft Act J883"s.64.

Vessels at piers or jetties to be properly secured. "The Public Works Statute 1865 " s. 132. "Tie Vict. Railways Com. missioners Act 1883" s. 54. Goods not to remain on pier longer than allowed by by-laws. Goods remaining too lone; may be removed at owner's expense. "The Publk Works Statute 1865 " s. 13$. "The Vict. Railways Com-missioners Act 1883" s. 54.

14. It shall be lawful for any officer or agent of the Commissioners or company and all persons called by him to his assistance to seize and detain any person who shall have committed any offence against the provisions of this Act or of the by-laws made under the authority of this Act or of any Act hereby repealed and whose name and residence shall be unknown to such officer or agent and give him in charge to a police constable, who shall convey him with all convenient despatch before some justice without any warrant or other authority than this Act; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against sneh offender.

15. The collector of rates may either alone or with any other person enter into any vessel berthed or lying at or moored to any pier wharf or jetty in order to ascertain the tolls payable in respect of such vessel or of any goods therein.

16. The master of every registered vessel berthed or moored at any such pier wharf or jetty shall on demand produce the certificate of the registry of such vessel to the collector of rates.

17. If the master of any vessel at any pier wharf or jetty respec­tively shall not moor unmoor place or remove the same vessel according to the directions of the pier wharf or jetty master, or if there be no person on board of any such vessel to attend to such directions, the pier wharf or jetty master may cause such yessel to be moored unmoored placed or removed as he shall think fit, and for that purpose may cast off unloose or cut tb,6 rope or unshackle or break the chain by which any such vessel is moored or fastened fa> and the mooring unmooring placing or removing of such vessel shall be deemed to be work done by the Commissioners or company for and at the request of the owner or master of such vessel and may be recovered accordingly.

IS. Every vessel at any pier wharf or jetty shall have substantial hawsers tow-lines and fasts fixed to the mooring posts when required by the pier wharf or jetty master.

19. No goods shall be allowed to remain upon any pier wharf or jetty or in the approach thereto respectively for a longer time than shall be allowed by the by-laws; and if any goods shall so remain without the consent of the Commissioners or company their officers or servants, the pier wharf or jetty master or any person appointed by the Commis­sioners or company for that purpose may remove the same to any convenient place and keep the same until payment of the expenses of such removal and of the keeping of the goods; and if such expenses be not paid within seven days after such removal, the Commissioners or company may sell such goods and out of the proceeds of such sale pay such expenses rendering the overplus (if any) to the owner on demand.

(a) The Melbourne; and Hobson's Bay United the distance therefrom over which the company's. Railway Company's pier master had authority to authority extended without assigning a reason. cast adrift a boat moored or anchored along side for so doing..—DonaldsGJi v. Vine, i V.L.R. (L.), a ship moored to the company's pier arid within 6.

No. 1135.] EAILWAYS ACT 1890. 2975

SO. The pier wharf or jet ty master may enter into any vessel a t "ThePubHc the pier wharf or je t ty to search for any fire or l ight in or upon oriss5"s. 13"e suspected to be in or upon such vessel contrary to the provisions of this P«» master may Acr or oP anv iy- law l a - e in Dursuance of this Ac£ or of anv Act unlawful A™ hereby repealed and way extinguish the samet or lighu*.

uniszivti&rs Act

a u u ^ " J W ™ B U ™ " u c B < U 1 1 C - "The Vict. Railway! Com.

ja i . i n e Governor in Council or company shall have power to pay compensation in to the owners lessees and occupiers 01 any lands through wtoch any g ^ ^ ^ e e railway vested in. the Commissioners or company may pass a sum 01 ™iwi*-money by way 01 compensation for all risfc of injury tha t may arise to V9^a Statute any such owners lessees or occupiers fron* nre consetraent upon the i*j5"ti35. passage of sucli railway through their lands; and the payment w Raiiwayscom-such compensation shall exempt the Commissioners or company from J^i?J^J_ a

all claims for damage done by h re to such owners lessees or occupiers penaity tor

2 2 . I f any person entrusted with the care of any gates on any level ^ffif

level crossings. "The Public

Statute 140,

crossing over any public road fail to close such gates as soon as in the "The vict. A*'L. * J £— L. 1.1 j . i j . 1 _ r i i i j * i_ Railways Com-

course 01 his duty he ought to close the 'same, he shall for every sucn mimonert Act default forfeit the sum of Twentv pounds. 1S8S" *•64.

J x Penalty on persons passing

t _ through the 2 3 . If any person cross any railway at any level crossing for^ the ^ ^ o ^ r s u o h

accommodation of any private road or for the owners o f a n y l a n d a d j o i n - ^ Public

ing the railway and fail to close and fasten the gates provided thereat l^l*" t.'iii!' immediately after passing through the same, or in case he cross with ''The net. * , « , , ,w,™,s™~ ~„ A l , „ AAI u _ AY. • l •£ u AI. Railways Com-any carriage c a n norse cattle sneep or other animal 11 he cross on the mmsionera level a t any place save where gates have' been constructed or fail to use Jf83' *•,

Act

" " n ' A J v A L J S ? J * 1 ,11 Penaltyfor

in crossing ail convenient despatch, every person so onenaing shall improperly forfeit the sum of Ten pounds. • - tSiwny^arriage.

"The Public Works Statute

24. If any person smoke tobacco opium or any other substance in iSS!'^/2,

or upon any railway carriage or in any railway station except in such Railways com-carriage or place if any as may be set apart for such purpose, every ISSB^TM. person so offending shall for every such offence forfeit a sum not Penalty on * * j - „ U A L l r master of vessel

exceeding r o r t y shillings, for refusal to produce certift.

• cate of registry. 25. If the master of any registered vessel berthed or moored at worts statute

any pier wharf or jetty refuse or neglect to produce on demand the )(efts"^.143-

certificate of the registry of such vessel to the collector of rates, he Radways c«n-shall be liable to a penalty not exceeding Twenty pounds. imi"t?M.Att

Penalty for vessel insecurely

26. If any vessel be at any pier wharf or jetty without substantialmoored-hawsers tow lines or fasts nxed to the mooring posts as hereinbefore Works Statute directed, after notice from the pier wharf or jetty master to the master ?,^ ^J4 ' of such vessel to furnish or fix the same, such master shall for every Railways com-

v j y " i ^ i ' t ^ i j . 1 . ± j * m J 'mxsxwnert Act

sucn. oflence be liable to a penalty not exceeding i e n pounds. issa"*. s*. (a) Cont rac tors for tlie construct ion of rail- t h e absence of proof of negligence a p a r t from the

ways using locomotive engines in t h e course of use of t h e engine .—Topham v . Christie, 3 V . L . R , suoh construct ion are no t l iable for in ju ry oeca- (!*•), 306. sioned by t h e escape of fire from such engines in '

2976 RAILWAYS ACT 1890. [54 VICT.

"The Ptiblic Works Statute 1805"s. 146. Penalty lor wilfully tutting moorings. "The Vict. Jtailw&ys Com-mwsumcrs Act 1SST's. 54.

Penalty for evasion of tolls. "The Public Works M t i t c 1805 " s , 14& "The Vtct. Jtatlwaga Com-itiig&ioicrs Act 1SS3"* K4

Penaltyfor using combustibles in VCSSCis life improper place. "The Public Works Statute 1865 " «. 147. "The Vict. ItailUNiyg Com-missionera Act 1883*'s. 54.

Penalty for using lights in vessels at improper tnnes. "The PtMic Works Statute l«5"f, 148. "The Vict. Railways Cotn-mmiomrg Act 1384" s, 54,

Penalty for keeping gunposter in vessels or on pier. "The Public Works Statute 1805 " s. 149. "The Vict. Railivays Com-missioneri Act 18S8"s . 64. Penalty for obstructing pier or jetty master in search for firoB or lights. "The Public Works Statute 1SG5"s. 160. "The Vict Jlaiiicays Com-wiUtooners Act 1883 " «. 54, Penalty for fraudulent evasion of fare. "The Public Works Statute 1805" s. 151. "The Viet. Raihoays Com-missioners jlct 1333" s. 54,

27. If any person other than the pier wharf or jetty master acting under the power hereinbefore given to him in that behalf wilfully cut break or destroy the mooring or fastening of any vessel lying at the pier wharf or jetty, he shall for every such offence be liable to a penalty not exceeding Twenty pounds.

28. If the master of any vessel or the owner of any goods evade or attempt to evade the payment of the tolls payable to the Commis­sioners or company in respect of such vessel or goods or any part thereof, he shall pay to the Commissioners or company three times the amount of the tolls of which he shall so have evaded or attempted to evade the payment; and the same shall be recovered from such master or owner respectively either summarily before two justices or by action in any court of competent jurisdiction.

29. If any person boil or heat any pitch tar resin turpentine oil or other combustible matter in any vessel lying at any pier wharf or jetty except in such place and in such manner as shall be specially appointed by the pier wharf or jetty master for that purpose, he shall forfeit a sum not exceeding Ten pounds.

30. If any person have or cause to be had any fire or lighted candle or lamp in any vessel at any pier wharf or jetty after six o'clock in the afternoon or before five o'clock in the forenoon except with the permission of the pier wharf or jetty master or except at such times and in such manner as shall be permitted by the by-laws, he shall forfeit a sum not exceeding Ten pounds.

31. If any person without the permission of the pier wharf or jetty master bring or suffer to remain any gunpowder on the pier wharf or jetty or in or upon any vessel at the pier wharf or jetty, he shall forfeit a sum not exceeding Ten pounds.

32. If any person obstruct any pier wharf or jetty master in the execution of his duty in searching for or extinguishing any fire or light in or upon or suspected to be in or upon any vessel at the pier wharf or jetty as hereinbefore enacted, the person so offending shall for every such offence forfeit a sum not exceeding Ten pounds.

33. If any person take a seat in any carriage without having either a free pass or a ticket entitling him to such seat with intent to evade payment of his fare, or if any passenger by any railway do not produce or deliver up his ticket when required, or continue his journey in any railway carnage beyond the distance for which he has paid his fare, or refuse or neglect on arriving at the point to which he has paid his fare to quit such carriage, or if any person by any fraudulent or collusive means or by any false representation obtain any free pass or ticket or claim or take the benefit of any exemption from the payment of any toll fare or charge, every person so offending shall forfeit a sum not exceeding Twenty pounds; and the proof of such exemption shall be upon the person claiming the same.

No. 1135.] RAILWAYS ACT 1890. 2977

34. If any person be in and upon any carriage station jetty pier ••ThePuMie wharf or other place in a state of intoxication, or commit any nuisance JS^f^** or otherwise wilfully interfere with the comfort of other passengers, or Penalty for wilfully damage or injure any carriage or any cushion or other furniture S'liro orfc in

thereof, or wilfully pull down any gate mile-post board or notice, or „"1£ rj£.™,™y

obliterate or deface any of the letters or figures thereon in and upon any «Tt«s vut. railway pier wharf station or any land or premises in connexion there- S 3 S with or in and upon any railway carriage or engine, every person g o 1 ^ " ' ^ . offending shall forfeit a sum not exceeding Twenty pounds.

35. If any person knowingly send by any railway any goods of a Penalty for dangerous nature and neglect at the time of so sending them to mark (unge™is ewda distinctly their nature on the outside of the package containing the wiH">u^ "°'loe-same or otherwise to give notice in writing to the bookkeeper or other works Statute officer or servant with whom the same are left, every person so offend- *^J v ^ ing shall forfeit a sum not exceeding Twenty pounds. aauwayt c™.

o x $n&si<mers Act 1SS3" 8, W,

t 36. it any person refuse or Deglect to give an account of any Penatt for ^ animals or goods uP°n any railway, or to produce his way-bill or bills SJfnsmission ot of lading to any officer or servant of the Commissioners or company ^ ^ ^ demanding the same, or give a false account or take off any part of such worktstatm aiirmals or goods at any other place than is mentioned in such account ]^ j>4* with intent to avoid the payment of any toll or payment payable in xaiiwayt Con* respect thereof, every person so offending shall forfeit a sum not j ^ ^ J * ^ * exceeding Twenty pounds.

37. If any person wilfully obstruct or impede any officeror servant p£lirtli]*r of the Commissioners or company in the execution of his duty upon any office? andW railway pier wharf station or any land or premises in connexion there- rres'™$ ™{jfor

with or wilfully trespass upon any such railway pier wharf station land e»^* *" "' or premises or neglect and omit to shut and fasten any gate set up w'''l1s^i'!

across or at either side of any railway so soon as he or they and the1S^"*• ™U

carriage cattle or other animals under his or their care have passed S e 7f% through the same every person so offending shall forfeit a sum not

missionary Act

exceeSinff Twenty pounds * less"*.54. 38. It shall be lawful for any officer or agent of the Commissioners punishment of

or company and all such persons as he maycall to his assistance to seize £, mtsc^Kt. and detain any person employed by the Commissioners or company in "m J*nwie

-1 ..• i JV» *1 • • • 1 • j . • • i i Works Statute

conducting traffic upon anyrauway or in repairing and maintaining the i865"s. ise. works of any such railway who shall be found drunk while so employed, "The ri,:i-„

. . . ^ . , J r t n . ^ . - . - 1 r J * J Railways Gom-

or who shall commit any offence against any of the by-laws, or who mt*»«'oiic™ Act shall wilfully maliciously or negligently do or omit to do any act Vf?' y'^' whereby the life or limb of any person passing along or being upon c. 55 6, W any such railway or the works thereof shall be or might be injured or endangered or whereby the passage of any engines carriages or trains shall be or might be obstructed or impeded; and to convey such person so offending or any person counselling aiding or assisting in such offence with all convenient despatch before some justice 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 upon the oath of one or more credible witness or witnesses before such justice (who is hereby authorized and required upon complaint to him made upon oath without information in writing

297 8 E A I L W A Y S ACT 1890. [54 V I C T .

"The Public Works Statute 1805."

to take cognisance 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 three months, or in the like discretion of such justice shall for every such offence forfeit to Her Majesty any sum not exceeding Fifty pounds, and-in default of payment thereof shall be im­prisoned with or without hard labour as aforesaid for such period not exceeding six months as such justice shall appoint, such commitment to be determined on payment of the amount of the penalty.

Interpretation. "The Viet Jiailways Com-mmfrners Act 1883"8. 3. "Officers and employe's." "The railways.'*

ifART 11 .—STATE JblAILWAYS.

3 9 . In the construction of this Par t of this Act— All officers or servants under the control of the Commissioners

hereinafter designated "officers and employes" shall be deemed to be officers and servants of the Commissioners:

The words " the railways " shall mean the railways vested by this Act in the Commissioners or which may be hereafter vested in the Commissioners.

DIVISION 1.—COMMISSIONERS.

(1) Appointment Salaries $'c.

Incorporation of 4 0 . There shall be three Commissioners for carrying this P a r t of R<Ji!'way1sCtorian th is Act into execution, and such Commissioners shall be a body cor-Commissioners.' porate by the name "The Victorian Eailways Commissioners," and by ib, s. 4. ^flaj. name ^ ^ 1 have perpetual succession and a common seal and be

capable in law of suing and being sued, and shall have power to take purchase sell lease and hold lands tenements and hereditaments goods chattels and other property for any of the purposes of this P a r t of this Act subject to the restrictions herein contained.

seal of 4 1 . All courts judges and persons acting judicially shall take £o0!tojwu™ai judicial notice of the common seal of the Commissioners affixed to any noticed. (jee(j a n ( j ghaH presume that such seal was properly afffxed thereto,

Quorum. 4 2 . Any two of the Commissioners shall form a quorum and shall n. s. 6. have and may exercise all the powers and authorities which by this

Act or by any Act to be hereafter in force are or shall be vested in the Commissioners.

43. No proceeding of the Commissioners shall be invalidated or illegal in nonsequence enly yo fhere eeing gny yacancy in the eumber of the (-tommissioners at the time of such proceeding.

44. The Governor in Council may appoint fit and proper persons to be Commissioners for a period of seven years, but such persons shall at the expiration of the period for which they are appointed be eligible for re-appointment, and the Governor in Council may appoint one of them to be chairman, and from time to time as any vacancy occurs in the office of such Commissioners or in the office of chairman may appoint other persons to fill such vacancy. If the chairman differ from the decision of the other two Commissioners with respect to any matter before the Commissioners for their decision and determination such matter shall be deferred for not less than twenty-four hours when it shall be again brought forward, and in the event of the chairman again

Acts Of Com­missioners not to bo invalidated by vacancy. lb, *t+ 7 .

Appointment of Commissioners and chaiTHian. Ib. s. 8.

Powers or Chairman,

No. 1135.] RAILWAYS ACT 1890. ° 2979

differin£r from the decision of the other two Commissioners such matter "The via. « i*jv*^ i i i -i j r . j j . j . .1 j V-L A • j ± Railways Cam-

or diiterence snail be determined according to the deliberate judgment musimters Act of the chairman irrespective of the decision of the other two Commis- im

sioneTS, and the chairman shall in all such cases enter upon the minutes of the proceedingsof the Commissioners his reasons at length for deciding such matter in opposition to the other two Commissioners and shall forward to the Minister a true copy of such minute, certified under his hand, for presentation to Parliament.

45. The Commissioner presiding at a meeting of the Com- Presiding lb. s. ft.

i i i • i.1. A"1" i? '"' i j ' • ' ^jy i. i v. Commissioner. missioners shall in the event of an equal division ot votes at such meeting have a second or casting vote. If there be only two Com­missioners neither of them being the chairman present at any meeting of the Commissioners, the Commissioner who is with respect to date of appointment the senior shall take the chair and preside at such meeting.

46. No Commissioner shall during his continuance in such office Disabilities of

engage in any employment other than in connexion with the duties of comi"i ionefa-his office. Each of the Commissioners except the chairman shall receive gj^ieg a clear annual salary of One thousand five hundred pounds, and the permanently

i • i n i i i J> mi j.i J J appropriated.

chairman shall receive a clear annual salary ot Inree thousand pounds, and such salaries shall be a charge upon and paid out of the consolidated revenue, which is hereby permanently appropriated for that purpose.

47. No person being an uncertificated insolvent shall be capable Persons of being appointed a Commissioner, and any Commissioner who becomes b r'tTeontimHs insolvent or applies to take the benefit of any Act now or hereafter to e^n^,,,,™ be in force for the relief of insolvent debtors or who by any deed or ^ e n other writing compounds with his creditors or makes an assignment of his salary for their benefit shall be deemed to have forfeited his office as Commissioner.

48. If any Commissioner be wilfully absent from his duty for a ofice of period of fourteen consecutive days except on leave granted by the howvlS°etur

Governor in Council, which he is hereby authorized to grant, or become ib.s. 12, incapable of performing his duties as Commissioner or resign, he shall thereby vacate his office as Commissioner.

49. If any Commissioner be in anywise concerned or interested i n Commissioners

any bargain or contract made by or on behalf of the Commissioners or ™{£J5y in anywise participate or claim to be entitled to participate in the profit interested in j.1. J> • t JIJ. i x. • • A .LIT i t_ 11 contracts.

thereot or in any benefit or emolument arising iroui the same, he shall jj,s.13. thereby vacate his office as Commissioner and shall also be guilty of a misdemeanor and on conviction thereof shall be liable in the discretion of the court to a penalty not exceeding Five hundred pounds or to imprisonment for any term not exceeding three years or to both of these punishments.

50. The Commissioners shall hold their offices during good be- Tenure of

haviour for the term of seven years hereinbefore provided, and shall tamnussioners, not, save as is in this Act otherwise provided, be removed therefrom iu.s.u. unless an address praying for removal be presented to the Governor by the Legislative Council and the Legislative Assembly respectively in the same session of Parliament or by the Legislative Assembly alone in

2980 RAILWAYS ACT 1890. [54 VICT.

" The Vict. Railway* C&tn-missiamirz Act 1883." Commissioners how removed from office or suspended.

Appointment of deputy Comii LI£S loricr. lb. s. 15*

two consecutive sessions thereof provided that not less than six weeks shall intervene between such addresses when made by the Legislative Assembly alone as aforesaid; and at any time when Parliament is not sitting it shall be lawful for the Governor in Council to suspend any Commissioner from his office for inability or misbehaviour, and when and so often as the same happens a full statement of the cause of such suspension shall be laid before both Houses of Parliament within seven days after the commencement of the next session thereof; and if an address shall at any time during that session be presented to the Governor by the Legislative Council or the Legislative Assembly praying for the restoration of such Commissioner to his office, such Commissioner shall be restored accordingly; but if no such address be so presented, it shall be lawful for the Governor in Council to confirm such suspension and to declare the office of such Commissioner to be, and the same shall thereupon become and be vacant as if such Commissioner were naturally dead.

51. In the case of the illness suspension or absence of the chairman or of any of the other of the said Commissioners, it shall be lawful for the Governor in Council to appoint some other person to act as the deputy of such chairman or other Commissioner during such illness suspension or absence, and every such person shall during the time for which he acts as such deputy have all the powers and perform all the duties of such chairman or other Commissioner.

State railways ves t ed^ the ConuTiissioncTBt lb* s. JO*

Latids taken to vest in COtllffi L$£ionCI%

lb. s. 4 1 .

Railway telegraphs vested in the Commissioners. lb. x* 4 2 .

(2) Vesting Railway Property.

52. All railways and rolling-stock heretofore constructed or acquired or which may hereafter be constructed or acquired by or on behalf of the State or the Commissioners, and the piers wharfs jetties stations yards and buildings connected or used therewith respectively or forming or reputed to be part or parcel thereof respectively, together with the land over or upon which the said railways piers wharfs jetties stations yards and buildings have been or may hereafter be constructed or erected and the land included within the boundary fences of any of the said railways, and all land outside of such fences which may have been acquired by the Board of Land and Works under any Act authorizing the taking of land for railway purposes, and the inheritance thereof in fee simple, shall be and the same are hereby vested in the Commissioners for the purposes of this Act.

53. Any lands which at the time of the commencement of this Act are vested in the Commissioners and any lands which shall be taken by the Commissioners under the authority of this Act or of any Act incorporated herewith and the inheritance thereof in fee simple shall be and the same are hereby vested in the Commissioners for the purposes of this Act.

54. All the telegraph posts erected on any of the lands by this Act vested in the Commissioners and all wires instruments and other telegraphic or telephonic apparatus belonging to the Commissioners and used in connexion with any of the railways shall be and the same are hereby vested in the Commissioners for the purposes of this Act.

No. 1135.] RAILWAYS ACT 1890. 2981

55. No rates taxes or assessments shall be made calculated or "The v-kt. Railways cam-charged upon any of the railways or upon any pier wharf jetty station missioidn Act

yard building or works vested in the Commissioners.^ ise&" *• 43-° Commissioners

RA All •k-L*. 'UAAy\A „ A | n A ~- - r t rt- ^ ^ ift ft««,-,»w.«rtao JflflJo not to pay rates op. Aii purcnases saies conveyances grants^ assurances aeeasfo, property

securities contracts bonds and agreements entered into made or givenve9t™ n hem-previously to the first day of February One thousand eight hundred and ^™tuted"ror eighty-four by or to the Board of Land and Works in connexion with Board of Land AI ~ _ *i„ ~_~ ;±"L J.Y. _* _ v _£ • LL*~~ L L' ~ — J ~ i*.,:i j : K » n and Worlts with tiie railways or with tne piers wnaris jetties stations yards buildings reierencetoaii lands or rolling-stock by " The Victorian Railways Commissioners Act j^iutiS'lnd 1883" vested in the Commissioners shall be as binding and of as full privileges-force and effect in every respect against or in favour of the CommissionersIb- *• "* and may be enforced as fully and effectually as if instead of the Board of Land and Works the Commissioners had been a party thereto, and all powers conferred upon the Board of Land and Works and all matters or things had or done or to be done and all rights and privileges accrued or accruing shall be exercised enforced enjoyed and used by the Com­missioners in the same way that the Board" of Land and Works might have exercised enforced enjoyed or used but for the passing of the said Act, and with respect thereto the Commissioners shall be substituted for the said Board of Land and Works; and any penalty forfeiture or other punishment incurred or to be incurred in respect of any offence committed against the Board of Land and Works in respect of the railways or in respect of any such piers wharfs jetties stations yards buildings lands or rolling-stock before the passing of the said Act rflay be enforced and recovered by-or on behalf of the Commissioners in the same way as the Board of Land and Works might have enforced and recovered the same but for the passing of the said Act.^

(3) General Duties. 57. The Commissioners shall keep minutes of all their proceedings Minutes to be

in such manner and form as the Governor in Council from time to time kept" directs.

58. In the first month in each quarter of every year the Com- commissioners missioners shall report in writing to the Minister the state of the traffic returns, with the approximate cost and earnings of trams per ton per train mile in respect of goods and passengers respectively carried during the past quarter, the general condition of the lines and accom­modation for the traffic, whether any special rates have been made and the reasons for making such rates, and shall also furnish a statement of appointments and removals of employes, with the circumstances attending each. Such reports shall be laid before Parliament if Parliament be sitting, and if not then immediately upon the re­assembling of Parliament.

59. The Commissioners shall prepare an annual report of their Annual reports proceedings and an account of all moneys received and expended during l uament ** the preceding year. Such annual report shall be laid before both /*.«. 58.

(a) LandsvestedinRailwaysConmiissioiiersare Land and Works under existing contracts was not to be rateable property. See Local Government transferred to the Commissioners.—In re ffiggins Act-1890, section 246. and Wright, and the Victorian Railways Commis-

(6) Under " The Victorian Railways Commis- ^toners, 11 V.Li l . , 140. sioners Act 1883" the liability of the Board of

2982 .EAILWAYS ACT 1890. [54 VICT.

"The Vkl. Rallways Com-mixswners Act 13SI3,"

Adjustment of weights and measures on railways. lb. s. 78.

Weightu and Measttres Act 1890 not to apply to railways.

Commissioners to prepare . estimated cost of proposed lines.

lb. s. 70*

Houses of Parliament in the month of September in each year if Parliament be then sitting, and if Parliament be not then sitting then within one month after the commencement of the next ensuing session thereof. They shall also prepare estimates in such form as the Governor in Council may from time to time direct of receipts and expenditure for each period of. twelve months ending on the thirtieth day of June in each and every year.

60. The Commissioners shall cause all weights measures scales balances steelyards beams and other weighing machines in use upon any of the railways or on any of the stations piers wharfs or jetties vested in the Commissioners to be from time to time adjusted either on comparison with authorized copies of the standard weights and measures made under the Weights and Measures Act 1890, or made under the Act repealed thereby, or otherwise as the case may be, by some officer in the Kailway service in that behalf appointed by the Commissioners; but save as aforesaid nothing in the said Act contained shall apply to the railways or to any station pier wharf or jetty vested in the Commissioners.

61. Before the second reading in the Legislative Assembly of any Bill authorizing the construction of new lines of railway the Com­missioners shall transmit to the Minister a statement under their seal showing their estimate of the cost of constructing each proposed new line, and of the traffic and other returns likely to be derived therefrom; and the Minister shall before such second reading lay the same upon the table of the Assembly.

Incorporation of the IMIKIS Coittvcittation Act 1890. lb. s. lb.

General powers for making railways. " The Public Works Statute 1865" s. 77. "The Vict. Railways Com* in tesiotwrs Act 18S3" B. bi.

DIVISION 2.—CONSTRUCTION AND MAINTENAli CE.

62. The Lands Compensation Act 1890 and all Acts hereafter in force amending the same are hereby incorporated with and shall be read and construed as part of this Part of this Act; and in the con­struction of the said Acts the words " Board " and " Board of Land and Works " shall mean and be read as " Commissioners," and the words " special Act" shall mean this Part of this Act and any Act now in force or hereafter to be passed authorizing the construction extension or enlargement of any works in connexion with the railways or with the piers wharfs jetties stations yards or buildings vested or to be vested in the Commissioners and shall include any Act amending any such last-mentioned Act or amending this Part of this Act.

63. For the purposes and subject to the provisions and restrictions of this Act the Commissioners may from time to time exercise any of the following powers:—

They may enter upon any lands which before the commencement of this Act have been or which may hereafter be authorized to be taken or used, and may bore dig cut trench embank and drain and may remove or lay take carry away and use any earth gravel stone timber or other things dug or obtained therein or otherwise in the execution of any powers hereto­fore or hereafter given and which may be proper for making maintaining altering repairing or using any railway lawfully authorized or which may obstruct the making maintaining altering repairing or using

No. 1135.] RAILWAYS ACT 1890. 2983

They may make in upon across under or over any such lands or " The pnuie j_" i J " I J J . T.-T1 n Wonts Statute

any streets roads ways railroads- tramways hills valleys i»66." rivers canals watercourses or waters such temporary or permanent inclined planes tunnels cuttings embankments aqueducts bridges roads ways passages conduits drains piers arches fences and other works and conveniences as they think proper.

They may alter the course of any rivers not navigable canals brooks streams or watercourses during such time as is necessary for constructing or maintaining tunnels bridges or other works over under or affecting the same; and may temporarily or permanently alter the course of any such rivers or stream s or raise or sink the level of any such rivers or streams streets roads or ways in order the more con­veniently to carry the same over or under or by the side of any railway.

They may make drains or conduits into through or under any lands adjoining the railways for the purpose of conveying water from or to the railways and upon the railways or any lands adjoining or near thereto.

They may make such piers jetties stations sidings wharfs ware­houses toll-honses and other houses yards engines machinery signal-posts and other apparatus works and conveniences whatsoever connected with the railways as the Com­missioners may think proper, and may from time to time alter repair or discontinue any such apparatus works and conveniences and substitute others in their stead.

They may fell or remove any timber or other trees being within two hundred feet from either side of the railways which by their liability to fall or otherwise might obstruct or injure the railways.

They may also fell or cut down and remove any trees or wood whether timber or other trees or scrub or underwood which by reason of the line making a curve or otherwise may obstruct or impede a view of any signal-post from any portion of the hne which shall be within one mile in a right line from any such signal-post.

They may enter upon and use any existing private road being a road gravelled or formed with stones or other hard materials and not being an avenue or approach to any dwelling-house.

They may do all other things necessary or convenient for making maintaining altering or repairing and using the railways.

64. All moneys appropriated by Parliament for the construction Expenditure maintenance or management of the railways and for works in connexion apu™prTnted by therewith shall be expended under the control and management of the RH-iiament. (jommissioners. naUmys c<nn-

<mi$3&07icrs Act

DO. ine Corumissioners shall construct an lines of railway and „„„„i„,Mi_ works which previously to the first day of Jb ebruary Une thousand eight to constructumd i -i -I T . I L ^ J . 1 T> J J T - J _ J TIT 1 ~ j.L _ J maintain hundred and eighty-iour the Uoard ot .Land and works was authorized railways. to construct and shall also construct all lines of railway and works /*.s. m.

2984 EAILWAYS ACT 1890. [54 VICT.

"The Viet. Railvjays C<mt-tni%$iMlw& Act

Commissioners may make OOntrwCtfl cSC+ J"-. ft. 07, SO & 21 Vict. c. 147 s. 28,

which such Commissioners may he now or hereafter authorized by any Act or Acts of Parliament so to do, and it shall also be the duty of the Commissioners to supervise and see that the railways and the accom­modation thereto are maintained in a state of efficiency, and that persons travelling upon such railways are carried without negligence>>

66. It shall be lawful for the Commissioners toenter by the corporate name of the Commissioners into contracts with any persons for the execution of any work authorized by this Act to be done by the Com­missioners or which they may think proper to do or to direct to be done under or by virtue of the powers confided to them by this Act, or for fur­nishing materials or labour or for providing properengines or other power or for any other matters and things whatsoever necessary for enabling them to carry tlis "purposes of this Act into full and complete effect in such manner and upon such terms and for such sum of money and under such stipulations conditions and restrictions as the Commissioners think proper; and every such contract shall be in writing and shall specify the several works to be done and the materials to be furnished and the prices to be paid for the same and the times within which the said works are to be completed and the said materials to be furnished and the penalties to be suffered in case of non-performance thereof* and every such contract may if the Commissioners so think fit also 'specify the person to whose satisfaction the same are to be completed or furnished and the mode of determining- any dispute which may arise conceramc-or in consecmence of such contract Provided that the Commissioners shall not enter into any such contract for the sironly either direcHv or indirpprlv from places outside Victoria of materials pn-rii-p-- or ofhpr

A of any other matter or th' g without th t'o f th Gnyernor in Council

Contracts by the Commissioner how to lw

lb. *f. 70. lb. s. £0.

67. The powers hereby granted to the Commissioners to make contracts may lawfully be exercised as follows (that is to say):—

Any contract which if made between private persons would be by law required to be in writing and under seal, the Com-.missioners may make in writing in the corporate name of the Commissioners under their common seal, and in the same manner may vary or discharge the same:

Any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, the Commissioners may make in writing in the corporate name of the Commissioners signed by the secretary and by any two of the Commis­sioners, and in the same manner may vary or discharge the same.

And all contracts made according to the provisions herein contained and duly executed by the parties thereto respectively shall be effectual in law and shall be binding upon the Commissioners and all other parties thereto their successors heirs executors or administrators as the case may be; tbnd on any default in the execution of any such contract

(a) The Railways Commissioner*! are entitled to notice of an action to recover damages for injuries occasioned to a passenger by reason of the negligent manner in which he was carried, though the defendants admit the negligence,

and though their statutory duty under this section is to see that persons travelling upon their rail­ways are carned without negligence.—Liiplau v. The Victorian Raikmys Commissioners, 12 V.L.R., 18.

No. 1135.] EAILWAYS ACT 1890. 2985

either by the Commissioners or by any other party thereto, such "The via. actions or suits may be brought thereon and damages and costs m^nmiers IcT recovered either by or against the Commissioners in their corporate 1S8S" name or the other parties failing in the execution thereof as might be brought and recovered had the same contract been made between private persons only.

68. It shall be lawful for the Commissioners at a meeting specially Commissioners called for that purpose from time to time to compound and agree with f0r

Jb™h*otncl

any person who has entered into any contract in pursuance or under c0"'™*3-the authority of this Act or against whom any action or suit is broughtIb'e*J3v for any penalty contained in any such contract or in any bond or01 HTS.30. other security for the performance thereof or for or on account of any breach or non-performance, of any such contract bond or security for such sum of money or other recompense as the Commissioners think proper.

69. It shall not be competent for the Commissioners to remove or workshops. discontinue any of the workshops connected with the railways in exist- ».»-a>. ence on the first day of February One thousand eight hundred and eighty-four, without the sanction of the Governor in Council.

DIVISION 3.—MANAGEMENT.

(1) Officers and Employes. 70. The Commissioners shall as hereinafter provided from time Coniniissioners

to time appoint a secretary accountant and clerk, and appoint or s«K£M,,J employ such engineers traffic-managers locomotive-superintendents other officers. surveyors collectors and other officers and employes to assist inRms ' ia ' the execution of this Act as the Commissioners think necessary or:b*ss'36, CT' proper, and such persons shall hold office during pleasure only. The • Commissioners may from time to time remove such secretary accountant clerk engineers traffic-managers locomotive-superintendents surveyors collectors and other officers and employes, and may discontinue the offices of or appoint others in the room of such as are so removed or as may die or resign or be convicted of any felony or infamous offence or become insolvent or apply to take the benefit of any Act now or hereafter to be in force for the relief of insolvent debtors or by any deed or other writing compound with their creditors or make assign­ments of their salaries for the benefit of their creditors, and shall pay such salaries wages and allowances to the secretary accountant clerk engineers traffic-managers locomotive-superintendents surveyors col­lectors and other officers servants and persons respectively as Par­liament appropriates for that purpose. No person so appointed shall engage in any employment other than in connexion with the duties of his office.

71. If any person employed by the Commissioners exact take or officer taking accept on account of anything done by virtue of his office or in relation o'tB n™forfeit to the functions of the Commissioners any fee or reward whatsoever Fifty pounds. other than the salary rewards or allowances allowed or sanctioned bv f** ** lH' Parliament or be in anywise concerned or interested in any bargain or contract made by or on the behalf of the Commissioners otherwise than as a member only but not as a director or officer of any registered

2986 B A I L W A Y S ACT 1890. • [54 V I C T .

"The Vict. Iiailwttys Com-miwtioners Act lSSi."

Commissioners to take security from officers entrusted with IIJOHLJ. i o . s. 19. 20 & 21 Vict, c. 147 s. 39.

Officers to account IV* s. 20. lb . s. 40.

incorporated or joint-stock company with whom any such bargain or contract may be made, he shall be removed from office and shall be incapable of being afterwards employed by the Commissioners, and shall also be guilty of a misdemeanor.

72. Before any person entrusted with the custody and control of moneys whether collector or other officer or servant of the Commis­sioners enters upon his office, the Commissioners shall take sufficient security from him for the faithful execution of his office and such security shall be in lieu of any security required to be given by the Audtt Act 1890; and such security may be that of any incorporated company or guarantee society approved of by the Commissioners in such form as the Commissioners may by regulations from time to time direct.

73. Every officer appointed or employed by the Commissioners under or by virtue of this Act or of " The Victorian Raihrnys Com* missioners Act 1883" hereby repealed shall from time to time when required by the Commissioners make out and deliver to them or to any person appointed by them for that purpose a true and faithful account in writing under his hand of all the moneys received by him on behalf of the Commissioners; and such account shall state how and to whom and for what purpose such moneys have been disposed of, and together with such account such officer shall deliver the vouchers and receipts for such payments, and every such officer shall pay to the Commis­sioners or to any person appointed by them to receive "til 6 S£mi£ nil moneys which appear to be owing from him upon the balance of such account.

74. If any officer fail to render such account or to produce and rwjaoni?fSlB deliver up all the vouchers aud receipts relating to the same in his pos-to account session or power or to pay the balance thereof when thereunto required, lb 41 or if for nve days after being thereunto required lie fail to deliver up to

the Commissioners or to any person appointed by them to receive the same all papers and writings property and effects matters and things in his possession or power relating to the execution of this Act or belonging to the Commissioners, then on complaint thereof being made to a justice such justice shall summon such officer to appear before two or more justices a t a t ime and place to be set forth in such summons to answer such charge ; and upon the appearance of such officer or in his absence upon proof that such summons was personally served upon him or left a t his last-known place of abode such justices may hear and determine the matter in a summary way and may adjust and declare the balance owing by such officer; and if it appear either upon confession of such officer or upon evidence or upon inspection of tli6 ttcconut tli£tt tmy mousys of the Commissioners are in the hands of such officer or owing by him to the Commissioners such •justices order such offender to P9iY t h e ftfljQft and if he fail to pay the amount it shall be lawful for such justices to grant a warrant to le T V £jje same jjy distress or in default thereof to commit the offender to ffaol there to remain without bail for a period not exceeding three months unless the same be sooner paid.

Penalty on 7 5 . If any officer neglect or refuse to make out any such account officerrefusing . . . . .'* j °j -, -,< . .1 . . . ,1 J , t

todciiverup in writing or to produce ana deliver to the justices the several vouchers docuiiients. ^ receipts relating thereto or to deliver up any books papers or lb. s. 22. . . x ~*" , . , x l . .-1- * " . x *

lb B a. writings property enects matters or things m his possession or power

Summary

No. 1135.] RAILWAYS ACT 1890. 2987

belonging .to the Commissioners, such justices may lawfully commit ' * net. 1, ^ .a?;«J t ^ „„ , . ! t u „ J.~ 1„^.«4„ „ i ' l u^ !,„.,„ J„l*.,., „ J . , „ „ l l Railway* Com'

such onender to gaol, there to remain until he have delivered up all mi'ssi-onm JM the vouchers and receipts (if any) in his possession or power belongingises-" to the Commissioners. Provided always that if any Commissioner or other person acting on behalf of the Commissioners make an oath that he has good reason to believe upon grounds to be' stated in his deposition and does believe that it is the intention of any such officer as aforesaid to abscond or that he has absconded, it shall be lawful for the justices before whom the complaint is made instead of issuing his summons to issue his warrant for bringing such officer before such warrant may be , _ * .. * _ *j - L i . „ ^ „ _ ^ „ i.' *.„ i. -—.i L n issued in the two justices as atoresaid, but no person executing such warrant snail first instance keep such officer in custody longer than forty-eight hours without JSt|(5f1.f

;0Qdir''! bringing him before some justice ; and it shall be lawful for the justice before whom such officer may be brought either to discharge such officer if he think there is no sufficient ground for his detention or to order such officer to be detained in custody so as to be brought before two justices at a time and place to be named in such order unless such offender give bail to the satisfaction of such justice for his appearance before two justices to answer the complaint of the Commissioners.

76. No such proceeding against or dealing with any such officer commitment as aforesaid shall deprive the Commissioners of any remedy which they TOHSL)!80 ars° might otherwise have against any surety of such officer. i*. «.23.

, t t ¥ £0 & 21 Viet.

77. The (governor in Council may appoint froni time to time for *• "*a- *>• each branch of the Railway service fit^ and proper persons to be c^™^" examiners of candidates for employment in each of such branches and appoint also for the examination of employes desiring to be promoted to any of the higher grades in such Railway service, and may accept the resignation of or remove any of such examiners; such examiners however shall not hold office for a longer period than three years from the date of appointment but shall be eligible for re-appointment.

78. The Commissioners whenever they require to employ addi- Application for tional persons in permanent offices in the Railway service shall give JS1™"^ (ll public notice to persons desiring to present themselves as candidates the Railway for examination: and such public notice shall contain a statement o f j "^^ the qualifications required in candidates and the branches for which they are required, and shall state that in case the number of candidates be more than three times the number of additional persons to be employed such number of candidates will be reduced by lot, and shall also state the time and place when and where such candidates shall present themselves for examination by the examiners appointed as afore­said in that behalf. It shall be the duty of the Commissioners to so arrange the times and places when and where candidates are to comply with the conditions of employment provided in this Act and to present themselves for examination by the examiners appointed that persons livintr in country districts shall have reasonable facility in the district in which they reside for competing for such employment without the necessity of attendance in Melbourne.

Permanent 79. .iwery person employed in the rtailway service shall be a,Mfttppint.

deemed to be employed in a permanent office except persons employed m^mter m^cr-

as supernumerar.es. j& * £& VQIJ . 1V+ 2 M

2988 R A I L W A Y S ACT 1890. L&4 VICT.

" The vut No person shall be employed in the Railway service as a super-JtatlwagtCom- „ „ „ „ „ , V e . i „ „ „ „ _ • „ ! • n i\. • .1 - r

miesimiere Act nnmerary tor a longer penoa in all than six months in any one year i m " except persons forming survey parties and persons employed as day

labourers, and no person who has been so employed shall be again employed as a supernumerary until a period of six months has elapsed' from the termination of the period during which he was so employed.

The Commissioners shall cause to be kept a special record of all appointments of supernumeraries and of the circumstances-under which" their services were deemed necessary of the periods during which they were respectively employed and of the payments received by them respectively, and a copy of such record shall be sent to the Minister at the end of every three months.

order of 8 0 . I f a greater number of candidates obtain certificates from the precedence for rtT™™-T«yiw^ 4-V. -n «*.^ <*A iTit«^yl l>»r +1*^ r < ^ m m ^ A ^ M A ^ £-... *. «~~.!~±,~. — L. appointment examiners than are required oy tne Oomnnssioners tor appointment, how determined. £}je secretary to the Commissioners shall call such successful candidates

. *• 2T~ together, who shall then and there in his presence draw lots among themselves for the determination of the order of precedence for appoint­ment in which their names shall be placed, and the Commissioners shall appoint as many persons as are required, taking them in the order of precedence determined as aforesaid and in no other way. The persons in excess of the number required by the Commissioners shall be eligible for appointment in like order for a period of twelve months then next ensuing from the date of such determination without further examination.

Appointments 8 1 . Al l appointments shall be made to the lowest grade in each .i^fl'ts.6 B °^ *^e various t ranches of the Railway service and on probation only

for a period of six months. After the period of such probation and upon production of a certificate of fitness from the officer at the head of the branch in which such probationer was employed and upon proof to the satisfaction of the Commissioners tha t all the provisions of this P a r t of this Act have been complied with, such appointment may be confirmed by the Commissioners. The Commissioners shall notwith­standing have the power to appoint to any position or grade if they think fit without examination as aforesaid persons of known ability not engaged in the Railway service. No such appointment as last aforesaid shall be made unless the Commissioners have previously certified under their seal to the Governor in Council tha t there is no person in the Railway service fit and qualified to be promoted to such an appointment and obtained his sanction thereto.

Appointee to 8 2 . No probationer shall have his appointment confirmed until he insurance on hte have effected in some life insurance company carrying on business in llte- Victoria an insurance on his life providing for the payment of a sum of

. *'w' money a t his death should i t occur before the age of retirement from the Railway service, or if he survive unt i l that age of a sum of money or annuity on the date of such retirement. Such insurance shall be continued and the amount thereof fixed and increased from time to time in accordance with regulations to be made by the Commissioners in tha t behalf and approved by the Governor in Council; and no policy of insurance so effected shall be during the time such person remains in the Railway service assignable either at law or in equity.

No. 1135.] EAILWAYS ACT 1890. 2989

83. When any vacancy occurs in any branch of the Eailway " TK$ vta. service not open for competitive examination as hereinafter provided, it ,nt™Wm Act shall be filled if possible by the promotion of some officer next in rank ^ "*•*>••

• ,* i j , i - a* i i /v* i n i i Haw promotions position or grade to the vacant omce, ana no such onieer shall be passed Me to be made. over unless the head of his branch in writing advise the Commissioners to do so. No officer shall be so passed over without being afforded an opportunity of showing cause against it to the Commissioners, whose decision shall be final.

84. Whenever it may appear necessary to make promotions to the Competitive

higher grades of the Eailway service, the Commissioners shall cause foVTromotionsi competitive examinations to be held by such examiners appointed as a. & 31, aforesaid, and the names of the competitors who have satisfied the examiners that they possess the necessary qualifications shall be registered by the Commissioners in a book kept for that purpose in the Register for order of their merit; and no promotions to the offices fixed by regula- Promotlons-tipns as open for competitive examinations shall be made except from the persons whose names are so registered and in the order of such registration, taking the name first registered and following in regular sequence.

85. The officer at the head of any branch of the Eailway service Grntuities and may if he thinks fit certify that in his opinion any officer in his branch SJJmSte is entitled to a gratuity or to a payment for overtime work, but no jfr. $. 32. gratuity or payment for overtime work shall be paid upon such certificate without the authority of the Commissioners.

86. The officer at the head of each branch of the Eailway service Power tonne shall have the power to suspend, to fine in a sum not exceeding Five J^^yelri

pounds, or to reduce in rank position or grade and pay under regulations employ to be made in that behalf any employ^ in his branch for misconduct or R'''83" for breach of the rules or of any regulation of the Eailway service, but such employ^ shall have the right of appeal to the Commissioners.

87. Any officer in charge'of a station on any of the railways shall Employes guilty

have the power to temporarily suspend at such station any employe of how^u'with. inferior rank position or grade until the officer at the head of such 1$. s. u. employe's branch has dealt with the suspension of such employs'. Any charge brought against any employed for the breach of any rule or regulation or for misconduct may be investigated and dealt with by the Commissioners, who may suspend such employ^, or if he have been already suspended by the officer at the head of his branch or other officer may further suspend him for a period not exceeding six months without salary or wages or may inflict a fine upon such employ^ to be deducted from his pay or may dismiss him, and their decision shall be final.

88. The three Commissioners shall hear and a majority of such commissioners Commissioners shall determine any appeal made by any employe *" hear nppHdB' a g a i n s t the adopt ion or confinuation of the advice or decision of t h e officer at the head of his branch with regard to his right to promotion or with respect to any charge made against such employe or with respect to any penalty imposed by him, and may confirm or modify such decision or make such order as they think fit, and their

2 M 2

2990 R A I L W A Y S ACT 1890. [54 V I C T .

"Thevictt decision shall be ffnal. Every such appeal shal l be heard within iiiuhS?) Act thirry days ffom the date of t he appeal beeng lodged w i th the said 1S 3 3 ' " Commissioners.

Forfeiture of 8 9 . I f any officer or employe" be convicted of any felony or infamous oases."'certtul1 offence, or become insolvent or apply to take the benefit of any Act now ib. e. 3o. or hereafter to be in force for the relief of insolvent debtors, or by any

deed or other writing compound with his creditors, or make an assign­ment of his salary for their benefit he shall be deemed to have forfeited his office.

Commissioner 9 0 . When any such officer or employe" has forfeited his office by iiisoivciiTomcer reason of any such pecuniary embarrassment as aforesaid, if he prove to 1™5?ntaonoQ"' the satisfaction of the Commissioners t h a t such embarrassment has not n. .. 37. been caused or at tended by any fraud extravagance or dishonorable

conduct, they may reinstate such officer or employe in his former or any other inferior position in the Railway service.

Record of 9 1 . The Commissioners shall keep a record of all persons in the Itartieulargof -r>,.'i „ —* J ~1 A n _*.,.,* J i i , * J , L ~ „ 1 ~ ' j . ' ~ - — j J_I

tail™y service Kailway service and shal l record therein the rank position or grade the to be keptt length of service salaries and such other particulars with regard to such

persons as they th ink fit and shall from t ime to t ime cause entries to be made in such record of deaths dismissals resignations promotions and reductions, and shall in the month of Janua ry in the year One thousand eight hundred and ninety and in each and every thi rd year thereafter publish in the Government Gazette a l is t of persons then employed in the Railway service.

Qualifications of 9 2 . The Commissioners shall make and may from t ime to time candidates for ^11*.^ ^ 3 ^ A i ^M„*l„±:„^„ permanent al ter and repeal regulations— appointment. j " o r prescribing .the qualifications required in all candidates for

' *• permanent employment in each of the various branches of the Railway service, and if necessary in each grade of such branches:

Fo r l imit ing by lot the number of candidates to be examined to a number not less than three times the number of persons to be appointed, and for the examination of such persons and the grant ing of certificates to t h e m :

For determining the nature or character and extent of examina­tions or tests according to the requirements of each of the higher grades in the Railway service which employes in the lower grades desiring to compete for and to be promoted to such higher grades shall undergo:

Fo r re°"ulating the relative rank position or grade in the duties and conduct of the employes in each of the various branches of the Railway service and for determining which of such grades shall be deemed the h igher and lower grades respec­tively in such Railway service:

For regulat ing the duties to be performed by employes in the Railway service and the discipline to be observed in the performance of such duties the grant ing of leave of absence from t ime to t ime and ar ran^ing for the performance of duties during holidays and for°afi&xing to breaches of such regulations according ,to the nature of the offences such penalties as by this Act are authorized:

No. 1135.] EAILWAYS ACT 1890. 2991-

For fixing the ages at which, employes shall retire in the different "The via, branches of tlie rxailway service: nawumenJ*CS

For regulating and determining the scale on which employes in I m " the various grades of the Railway service shall insure their lives or for the payment to them of a sum of money or annuity at the date of their attaining the age of retirement from the Railway service:

For the hearing and determining of any appeal by any employe: For altering or repealing any rules or regulations made by the

Board of Land and Works with regard to the railways: And such regulations when confirmed by the Governor in Council shall have the same force and effect as if they had been contained in this Act.

93. Every officer and employ6 holding office in the Railway OIHoers and

Department at the time of the passing of " The Victorian Railways ™em«uothav<a Commissioners Act 1883 " shall be entitled to compensation or retiring !*c2 aPt™nttd

allowance to be computed under the provisions of the Act No. 160 and sfoners. have his rights privileges and immunities saved to him as if such first- *•e*72-mentioned Act had not been passed, but shall for the purposes of this Act be deemed to have been appointed by the Commissioners without any other or further appointment.

94. No officer or employ^ under the Commissioners shall be liable Employ not to dismissal or any disability for refusing on conscientious grounds to fiilssaiW work on any Sunday except in cases of necessity. Such officer or r*,"sinsto wor,:

t / j i i - i i i • L t L- • i • i •*• •" o n Sundays.

employe to be subject to a proportionate redaction mhis salary or wages it,.s.$z on account of such refusal. Provided always that such provision shall not apply to any officer or employe whose duties do not require him to work on Sunday.

(2) Passengers Goods <f<?. 9B. The Commissioners may appoint places in the different centres DepMstor

of population as dep6ts for the receipt and delivery of parcels or passen- SSfvery'of gers' luggage to be forwarded to or received from any of the railways, P**^8-and may contract with any person for the carriage of such parcels or n' s-w' passengers' luggage to and from any railway station or depot.

96. The Commissioners mayin lieu of loading or unloading goods Commissioners

on or from any truck shed or vessel by temporary day labour invite SX^Vo? public tenders on such terms and conditions as they think fit for the 1

<„1£Q nl)re0(]Qv

performance of such work for a period not exceeding one year, and shall fl fc Sli have power to accept the lowest tender or invite fresh tenders, and may make a contract with the person whose tender is accepted.

97. The Commissioners may apply in writing from time to time Commissioners

to the Minister for additional stores plant material rolling-stock stations fo/roinn^stiek sheds and other accommodation which in the opinion of the Commis- &e-sioners may be required to enable them to meet the traffic requirements *•62,

and the efficient working of the railways.

98. The Commissioners may .lease any refreshment-room shed Commissioners

office shop stall coal gears sites for storage or for erecting sheds right "f shment-of entrance into any station by hackney carriages right of advertising rooms ac. or other convenience or appurtenance to any of the railways for such *** *'53-term and at such rent as they may determine.

2992 EAILWAYS ACT 1890. [54 VICT.

"The Viet. Railways Coro-misttotwrs Ad 1B83"s. 63. Power to erect telegraphs.

Wires to be affixed to existingpostfl if required.

31 & 32 Vict. c. 110 & 0 (£)»

MMts and posts nifty be moved by the Commissioners. /&• s. 65.

lb. a, 9 (6).

Working til tb*

vested in the telegrap

Commissioners. lb. t* 66*

(3) Telegraphs and Postal.

99. The Commissioners may from time to time construct and maintain lines of telegraphic and telephonic communication along the lines of any of the railways, and for such purpose may enter in and upon any Crown lands roads and streets and make therein all needful excava­tions for the erecting of masts and posts and for the laying down of lines of subterranean communication, and may erect and set up all necessary masts posts cords and wires. Every cord or wire of any such line if above the surface crossing any road shall be placed at least eighteen feet from the ground and so as not to hinder or obstruct the free use or enjoyment thereof further than is absolutely necessary for the proper construction establishment and maintenance of any such line of communication.

100. The Commissioners shall if required by the Postmaster-General affix wires to any of the masts or posts of the Commissioners (if such masts or posts can bear such wires) and the Postmaster-General shall if required by the Commissioners affix wires to the masts or posts of the Postmaster-General (if such masts or posts can bear such wires), and the cost of maintenance of such masts and posts shall be divided between the Commissioners and the Postmaster-General in porportion to the number of wires belonging to each on each such mast or post.

101. The Commissioners may shift the masts posts wires and apparatus belonging to the Postmaster-General when necessary for the purposes of their works or traffic, but in all such cases the Postmaster-General shall pay to the Commissioners the actual costs incurred in shifting the same; but if such masts or posts support both the wires of the Commissioners and of the Postmaster-General, the cost of shifting the same shall be apportioned between the Commissioners and the Postmaster-General according to the number of wires belonging to each on each such mast or post,

103. The several lines of telegraphic communication belonging to the Commissioners or which are worked under the direction or on behalf of the Commissioners may be used by the Commissioners for the transmission of messages in relation to the working of the railways, and shall so far as is consistent with the due and efficient working of the railways be available for the transmission of messages by the public; and all such messages as last aforesaid shall be transmitted by the officers and employes on behalf of the Commissioners as agents of the Postmaster-General; and there shall be demanded and received in re­spect of such last-mentioned messages such fees rates and dues as may for the time being be lawfully demanded or received by the Postmaster-General in respect of lines of telegraphic communication under his con­trol ; and save as aforesaid the Commissioners shall not transmit or permit the transmission of messages on behalf of the public through their wires.

The remuneration to be paid by the Postmaster-General to the Commissioners for the transmission of messages as aforesaid may be either a lump sum or a percentage on the gross sum received by the Postmaster-General from the Commissioners in respect of such trans­mission or may be determined in such other way as may from time to time be agreed upon between the Postmaster-General and the Com­missioners.

No. 1135.] RAILWAYS ACT 1890. 2993

103. It shall be lawful for the Commissioners and the Postmaster- "Th vta. (ieneral from time to time to enter into alter and rescind contracts and mitmotusrs Act agreements "with respect to the receipt carriage and conveyance of*883"*-63,

• letters newspapers and parcels and for any other matter or thing m re— CouomUssoners

lation to the postal service, also with respect to the working of any of G ntrafto'18'*'" the lines of telegraphic communication of the Postmaster-General by the make contracts. Commissioners and generally with respect to telegraphs and the trans­mission of telegraphic messages.

104. In case any difference arise between the Commissioners and HOW differences the said Postmaster-General with regard to the terms and conditions determined, on which any contract or agreement should be made or otherwise in rela- n.», w. tion thereto, the same shall be determined by the Governor in Council.

(4) By-Uiws $"€» 105. The Commissioners may from time to time make alter and By-iaws may i i — i __ i?_ i i - £ i"L "L' L~ ~ LL _~ "L_'_* . .e i .~ . . be made'

repeal by-laws tor all or any ot the subjects or matters hereinafter _ mentioned, and may impose penalties not exceeding Twenty pounds upon any person committing a breach of any of such by-laws, and every such penalty may be recovered in a summary manner before any two justices:—

For fixing the amount of fares for the conveyance ofpassengers and the charges for the carriage of animals goods and par­cels and the circumstances and conditions under which the Commissioners will make special rates for the carnage of goods in quantities:

For preventing the commission of any nuisances in or upon the carriages or in any of the stations buildings piers wharfs or jetties vested in the Commissioners:

For preventing the emptying of sewage on or drainage on to any of the railways or on to any lands stations buildings piers wharfs or jetties vested in the Commissioners:

For regulating the exercise of the several powers vested in any pier-master:

For regulating the admission of vessels to any pier wharf or jetty hereinbefore mentioned and their removal from the same and for the good order and government of such vessels whilst at such pier wharf or jetty:

For regulating the use of any such pier wharf or jetty: For regulating the shipping and unshipping landing warehous­

ing stowing depositing and removing of all goods from or at any such station building pier wharf or jetty:

For regulating the conduct of all persons (not being the harbour­master or any officer of customs) while upon or in any such station building pier wharf or jetty or while employed at or near the same:

For regulating the use of fires and lights within any vessel being at any such pier wharf or jetty, except within the port of Melbourne or within the area of any harbour trust:

For preventing damage or injury to any vessel or goods at any such station building pier wharf or jetty:

2994 ' RAILWAYS ACT 1890. [54 VICT.

"Tavict. For regulating the duties and conduct of porters cabmen car-jjiisirKrtitrs (rt men draymen and carriers (not being employes of the 1S6S" Commissioners) employed at any such station building pier

wharf or jetty, and fixing the charges to be paid to them for carrying any passengers goods articles or things from or to the same:

For fixing the amount of tolls to be paid by any vessel using any such pier wharf or jetty or any crane the property of the Commissioners, and for fixing the amount of tolls to be paid on goods brought to or taken from any vessel using any such pier wharf or jetty by lighter or other vessel:

For fixing the amount of tolls upon animals and goods received or delivered upon or from any such pier wharf or jet ty:

For regulating generally the travelling and traffic upon or using and working of the railways and of the stations buildings piers wharfs and jetties hereinbefore mentioned and for the good government and maintenance of order thereon:

For regulating the terms and conditions upon which special trains will be run:

For regulating the admission of the public to any of the railways and to any of the stations buildings piers wharfs or jetties hereinbefore mentioned and for fixing a charge therefor or for dispensing with the same on certain days or for certain times:

For regulating the use of stamps as prepayment upon parcels: For regulating the sale of tickets at places other than railway

stations and the conditions under which such tickets shall be sold:

For fixing demurrage charges where goods are to be loaded into or discharged from trucks by owners consignors or consignees:

For fixing the charges for warehousing goods and the charges to be paid in respect of parcels and luggage left for transit or for care or custody, and the conditions upon which they respectively will be received:

For regulating the disposal of unclaimed goods: For imposing conditions upon which passengers' luggage will

be carried: For preventing or regulating bathing or fishing in or shooting

over or upon any reservoir or tank connected with any of the railways:

For regulating the carriage of corpses and for prohibiting the carriage or conveyance 01 the bodies 01 persons who have

p 1- ,1 ^ f 1 8 ? 8 o C011 eyanceofcuseaseda ima _ a preventing them irom coming upon any station or premises:

J? or preventing damage or injury to railway stations buildings niers wharfs or ietties or premises carriag-es gates fences or anv uropertv whatever*

No. 1135.] RAILWAYS ACT 1890. .2995

For the issue and the prevention of the abuse of free passes on *• TUe net, the railways: masictiirt Act

For regulating public or private traffic across any of the said 13SS*" railways on the level thereof and for preventing animals trespassing on any of the railways:

For altering" or repealing any by-laws made by the Board of Land and Works with regard to the railways:

For regulating the manner in which public notices shall be advertised and generally with regard to advertising in newspapers and elsewhere:

For facilitating and regulating the insurance of persons travelling on the lines of ratiway by any Accident Insurance company now in existence or to be hereafter called into operation

106. No by-law which the Commissioners are by this Ac•• g j ^ j ^ ^ ^ authorized to maK? shall have any force or enect until the same is &> eontimuMt

107. No by-law which the Commissioners are by this Act 6b. ». 45.

authorized to make shall have any effect until one week after the same puSU0 ^ has been published in the Government Gazette, and unless the substance it>, s,m. of such by-laws and a list ofall the tolls fares and charges from time to time exacted thereby be painted upon or be printed and affixed to boards in large and legible characters, and unless such boards be exhibited in sorne conspicuous place in or on every station pier jetty wharf or other place where such tolls fares or charges or any of them are payable and according to the nature and character of such by--aws respectively so as to give public notice thereof, and unless every such board be from time to time renewed if destroyed or defaced.<°>

10S, The exhibiting on boards of the substance of such by-laws Evidence of and lists of tolls fares and charges shall be deemed to have been b"<?.110"' complied with if it be proved that at the time of any alleged breach a board was exhibited in accordance with the provisions of this section at the station pier wharf jetty or other place where tolls fares or charges were payable nearest to the place where such breach took place. The production of the Government Gazette containing such by-law shall be primd facee evidence that such by-law has been duly made and confirmed and that it is still in force.

109. The rules regulations and by-laws made or purporting to Certain rules have been made by the Board of Land and Works with regard to E JJ *™ ",d

railways before the coming into operation of " The Victorian J&aihmys MimLn in t<,K'!-Commissioners Act 1883," and in force at the time of the com-J**s'48' mencement of this Act, whether within the powers conferred upon the said Board of Land and Works or in excess of them, shall be deemed to have been enacted by this Act, and shall be and continue to be in full force and effect until altered or repealed by rules regulations or by-laws made in pursuance of the provisions of this Act.

J * r Summary 1 1 n *VT71, j.1, r. 1 , 4 ? V, U 1 lA U 4-4- A A Interference In

. . . j " A A A to tli y h l > o r hind'rAtiw t o a n v of t l (> b raS*™ 0 3 0 ' 1 A 4-1 1 4? 1 £ f 4-1, '1 4? V. f ky - ' 1" ' -

employes in me lawim use oi any er tne railways or oi any pier wnan j[>.«. 49' (a) I t was held under ' ' Tlte Public Works Statute of the by-laws was a condition precedent to the

1865" that on an information for breach of by-laws jurisdiction to impose a penalty.—Reft. v. Nichol-of Govern,ent railways due proof of publication son ex parti PttMilt 8 V.L.R. (L.} 44.

2996 RAILWAYS ACT 1890. [54 VICT.

••The riot. letty station yard or building, such employes or any of them may mftaunuri 4c< summarily mterfere to obviate or remove snen danger annoyance or i m " hindrance and that without prejudice to any penalty incurred by the

breach of any such by-law.

111. Every by-law under this Act made as aforesaid .concerning railways shall be binding upon and be observed by all persons and shall be sufficient to justify all persons acting under the same.

1IS. In case any person desire to dispute the validity of any by­law under this Part of this Act relating to railways, if he pay into the Supreme Court the sum of Fifteen pounds as security for the costs of the proceedings hereinafter mentioned, such person may apply to the said court upon reading the Government Gazette containing such by-law for a rule calling upon the Commissioners to show cause why such by-law should not be quashed for the illegality thereof; and the said court may make the same absolute or discharge it with or without payment of costs as to the court shall seem meet.

(5) Miscellaneous.

simday trains. . 113, No alteration in the practice of the department in relation to J*. s. si. the running of Sunday trains shall be made by the Commissioners with­

out the consent of the Governor in Council.

Mone3'g revived 114. All moneys payable to the Commissioners under this Act togoto ' _ — _ — - - - - - .-consolidated revenue. Audit Act to apply to Comtrnteiijiicrs.

lb. t* 60.

By-laws to bind all persons. ilTkc Puttic Works Statute 1865+t & 18. ftThe Vict. RailiPttifS Com. iKvsswnerft Act 1633 " «. 64. 8 & 0 Vict. c. 20 &, 111+ Legality of rail* way by-fows may be tried. '* The Public Works Statute 1305'T s. SO1* "The Vict. Railways Com-W\iK8iOftW8 Act 1&B3"*, 64.

Surplus lands may be leased or sold lb. *, 62.

Commissionairs to report accident to Uthtster. lb. s. 75. 34 & 35 Vict. c 78e+6.

shall be collected and received for or on account of the consolidated revenue; and the provisions of any Act now or hereafter in force for the collection and payment of the public moneys and the audit of the public accounts shall save as in this Act otherwise expressly provided apply to the Commissioners and to all officers acting under their control.

115* Whenever it appears to the Governor in Council that the .land which has been acquired for the purposes of any of the railways is in excess of the quantity required for such purposes, it shall be lawful for the Commissioners by the direction of the Governor in Council to dispose of such part thereof as may be so in excess or any part thereof by demise and lease for any term or terms of years and at such rent as the Governor in Council may think fit to any person willing to take the same or by sale absolutely; and for the purposes of such lease or sale as aforesaid to execute any and every deed instrument and writing which may be deemed necessary or expedient.

118* Where in or about any of the railways or any of the works or buildings connected with any of the railways or any building or place whether open or enclosed used in working such railway, any of the following accidents takes place in the course of working any of the railways (that is to say):—

(1) Any accident attended with loss of life or personal injury to anyperson whomsoever:

(2) Any collision where one of the trains is a passenger train: (3) Any passenger train or any part of a passenger train

accidentally leaving the rails:

No. 1135.] RAILWAYS ACT 1890. 2997

(4) Any accident of a kind not comprised in' the foregoing «The via. j • - • i . v- • *„ J „ u i : J „„ *~ t.~.,^ ™.,„^J Railways Com-

descriptions but wnica is ol sncn a Kind as to nave caused mttsianereAti or to be likely to cause loss of life or personal.injury— 13SJ-"

the Commissioners shall direct that the earliest information by telegraph post or otherwise shall be forwarded to the Minister and as soon as practicable thereafter full information of the accident and the report of the officers appointed by the Commissioners to hold an inquiry into the matter. .

117. Where it appears to the Minister either before or after the Governor in

commencement of any such inquiry that a more formal investigation S t'fomai of the accident and of the causes thereof, and of the circumstances instigation. attending the same, is expedient, the Governor in Council may by n~ s~7a*. order direct such investigation to be held, and with respect to such0.78s.7. investigation the following provisions shall have effect:—

(1) The Governor in Council may by the same or any subsequent Persons by

order direct a county court judge stipendiary magistrate JLuii-y u to or other person or persons named in the same or any be beia. subsequent order to hold the same with the assistance of assessors named in the order:

(2) The persons holding any such formal investigation (herein- Inquiry to be after referred to as the court) shall hold the same in open J^^" *>pen

court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accident, and enabling them to make the report in this section mentioned: '

(3) The court shall have for the purpose of such investigation Powers of ~T1 4."L~ ~~_~~« ~J? ~ ,.~. j . ~J> «.-.».»<*.«. ;.-..,; i;~4-;,-.~ w V A „ persona aU tne powers oi a court ot summary jurisdiction wnen conducting acting as a court in the exercise of its ordinary juris- iniulri'-diction, and in addition the following powers, namely:—,

(a) They may enter and inspect any place or building -the M»y personally entry and inspection whereof appears to them requisite "*p

for the said purpose: (b) They may by summons under their hands require the caii witnesses

attendance of all such persons as they think fit to call "* before them and examine for the said purpose, and may for such purpose require answers or returns to such inquiries as they think fit to make:

(c) They may require and enforce the production of all books caii tor papers and documents which they consider important ^ ^ ^ ° ° for the said purpose:

(d) They may administer an oath and require any person Administer examined to make and sign a declaration of the truth °"ni>* of the statements made by him in his examination:

(e) Every person so summoned not being a person engaged Expenses of in the Railway service or otherwise connected with itwltne83eB-shall be allowed such expenses as would be allowed to a witness attending on subpoena before the Supreme Courtj and in case of dispute as to the amount to be allowed, the same shall be referred by the court to the Frothonotary of the Supreme Court, who on request tinder the hands of the members of the court shall ascer­tain and certify the proper amount of such expenses:

2998 EAILWAYS ACT 1890. [54 VICT.

" The Yict. liaihcaifs Com* initsioiiers Act 1883." Persons holding inquiry to make report to Governor in Council.

Documents stoned by projwr officer of Commissioners tobeprimilfacie evidence. " The PulHe Works Statute 1865" s. ]]3. " The Vict. Jtoiiways Coni-iniMtioiicyit Act 1SS3" s, 54.

Service of notice upon company.

(4) The court holding an investigation of any accident shall make a report to the Governor in Council 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 Governor in Council, who may cause every such report to be made public in such manner as they think expedient. .

118. All notices requisitions orders regulations appointments certificates certified copies and other documents in writing signed by the secretary to the Commissioners or some other officer nominated for that purpose by the Commissioners and all certificates of any thing done by them in relation to this Act and certified copies of the minutes of proceedings or correspondence of the Commissioners in relation thereto signed by such secretary or officer as aforesaid, shall be deemed sufficient evidence thereof, and in the absence of evidence to the contrary without proof of the authority of the person signing the same or of the signature thereto; and service of the same at one of the principal offices of any railway company on the secretary or clerk of the said company or by sending the same by post addressed to him at such office shall be deemed good service upon the said company; and all notices returns and other documents required by this Act to be given to or laid before the Commissioners shall be delivered at or sent by post addressed to the office of the Commissioners.

119. All actions to be brought against the Commissioners or against any person for anything done or purporting to have been done^ under Parts I. and II. of this Act shall be commenced within six months after the act complained of was committed, and no writ shall be sued out against nor any copy of any process served upon the Commissioners or against any person for anything done or pur­porting to have been done by them or him under Parts I. or II . of this Act until notice in writing of such intended writ or process has been delivered to them or him or left at the office of the secretary or at the usual place of abode of such person by the agent or attorney of the party who intends to cause the same to be sued out or served at least one month before the suino- OUfc o r s e r v i n g 'tllG s a m e . i 3 u c h

notice shall clearly and explicitly set forth the nature of the intended action and cause thereof and on such notice shall be endorsed the name and place of abode of the party intending to bring such action and the name and place of business of his attorney or agent. No plaintiff shall recover in any such action if tender of sufficient amends have been made before such action was brought or if a sufficient sum of money have been paid into court after the commencement of such action by or on behalf of the defendant and if the matter or thing complained of appear to have been done under the authority and in execution of this Act or if any such action be brought after the time limited for bringing the same or such notice have not been given as aforesaid then the jury shall find or judgment shall be given for the defendant. ,

(a) JxGldj p&* WilliamSf J.*, t h a t negl igent per- which is incorporated in th i s Act.—L/uplctu v. formance of a cont rac t of carr iage is a t h i n g pur* The Vi<^oHariMcdlv^o/ysCo^7tu^ioner3J 12V.L .R . , por t ing to have been done unde r (* jTAs Victorwwt page 21. Jiaihoays Cotttwii8sioH&r& Artt 1883/* section 74,

Delivery of notices and documents for Commissioners. Actions against Commissioner or officers. lb. a- 74.

No. 1135.] RAILWAYS ACT 1890. 2999

120. No action against the Commissioners shall be maintainable "TheP\Mie in any inferior court; and no writ of execution sliall be issued against i8us»s. 15. such Commissioners until the expiration of fourteen days next after Actions and final judgment has been completely signed; and no railway and no asai,t»t real estate now or hereafter vested in the Commissioners shall be liable commissioners. to^ i j j •. j . . .1 j . . n Real estate ot

De soici uncier any writ 01 execution or otner process 01 any court 01 commissionero Itiitr n r n m i i t i r not to be sold l a w Or e q u i t y . underexecutioTi.

"The Viet, DIVISION 4 , OFFENCES. roEriojiertAcJl

fl —„ . , V . 1 - / « i f L 11 1888" ».M. 1«1. it any person witnout reasonable excuse(proof whereot snail maobertil!IM!0OP

lie on hun) does any of the following tilings, namely : obstruction ot (1) Having been summoned and having had the expenses (if ib.s.n.

any) to which he is entitled tendered to him fails to3*&ssviet, attend as a witness before a court holding an investiga-e' s' tion under this Part of this Act, or fails when required by such court in pursuance of this Part 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 such court in the execution of their d u t y -

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 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.

PART III,^—PIIVATE RAILWAYS.

122. In this Part of this Act the words " Railway " « and " Rail- Interpretation, ways" shall apply to any railway by any special Act heretofore or "TtnPvOic I J N . • *> i k • J i v i. i j j u n ' l j l , V. Work* Statute hereafter in lorce authorized to be constructed, and shall include branch igw (, 4. railways and railway works stations buildings and land belonging or "Rallway." appurtenant thereto, but shall not include the railways vested by this "Rallways." Act in the Commissioners or which may be hereafter vested in the Commissioners.

123. The Board at all,times may make inspection of and exercise Board may supervision over all railways in Victoria, for the purpose of carrying into pestlon»< effect the provisions of this Act or of any other Act; and may when it ll'l)'ra,l",!)'' thinks fit authorize any proper person to inspect any such railway;7*'*1*2' and such power of supervision inspection and examination shall apply«.5, and 7 & s" as well to railways heretofore as to those hereafter to be constructed. vict' & ss». is.

124. Such person so authorized, on producing (if required) to the Powers ot company to which such railway belongs his authority, may at all j ^ " ^ reasonable times enter upon and examine the railway and the stations works buildings and lands and the engines and carriages belonging thereto; and the Board and any person authorized by it to make such

07

(a) A similar definition in 29 Vict. No. 289, reserve and all the land within a railway fence,— 4, was held to include a tenement on a railway Reg. v. McLachlmi, 4 W.W. & a'B. (L.), 197.

3000 KAILWAYS ACT 1890. [54 VICT.

werks Statute 1805."

Railway not to t>c opened without notice and certificate from board. it*, 8, 104. & & fl Vict, c 55 6. J.

Board may

Ctpone open-= of railway.

Jt, 8 105. lb. s. 6.

Circumstances in which Board may complain to Supreme Court of improper condition of railway.

lb. s.106.

Court or judge may order the discontinuance or reduction of traffic.

supervision inspection or examination may hear receive and examine evidence, and require the production of plans books and other documents, and exercise all such other powers and authority as may be required for the due discharge of their respective offices.

125. No railway or portion of a railway shall be opened for the public conveyance of passengers until one month after notice in writing has been given to the Board of the intention of the company to whom such, railway belongs to open the same, nor until the Board has given to such company a certificate in writing under its seal that the said railway or • portion of railway is in the opinion of the said Board sufficiently completed for the safe conveyance of passengers and ready for inspection.

126. Tf the person authorized to inspect any such railway before it is opened or (if it have been closed before it is re-opened) after inspection thereof report in writing to the Board that in his opinion the opening of the same would be attended with danger to the public using the same by reason of the incompleteness of the works or permanent way or the insufficiency of the establishment for working such railway together with the grounds of such opinion, it shall be lawful for the Board (and so from time to time as often as such person shall after further inspection thereof so report) to order and direct the company to whom such railway belongs to postpone such opening for any period not exceeding one month at any one time until it appear to the Board that such opening may take place without danger to the public but no such order or direction shall be binding on any such company unless therewith shall he delivered to the said company a copy of the report oh which such direction shall be founded.

121?. In case the person authorized to inspect any railway opened by the company for the carriage of passengers animals or goods certify under his hand to the Board that in his opinion the railway or any portion thereof is unfit for traffic, or that it will be unsafe to travel thereon at a greater speed than a rate specified therein, stating therein with reasonable certainty in what particulars the said railway is sup­posed to be unsafe, if the Board endorse with a memorandum of its approval the certificate so given and such plans sections surveys and drawings as may be necessary to illustrate the defects or other matters objected to, and if it give six days' previous notice of its intention to make the application hereinafter mentioned and of the day and hour at which the same will be made, and if fourteen days before such appli­cation it furnish the company with a true copy of the certificate so endorsed as aforesaid, the Board may apply by petition in a summary way to the Supreme Court or a judge thereof complaining of the in­completeness or inadequacy of the works or the omission to erect gates as hereinafter provided or to carry any highway or road either over or under the railway by means of bridges arches or tunnels as the case may require or the insufficiency of the establishment for making such railway or of the rolling stock of tli6 slime ; tinci upon such application the court or a judge thereof direct the company to whom such railway belongs to discontinue the the whole or any part thereof or to travel at a reduced speed thereon until the requirements of the said certificate have been complied with or may make such other order as to it or him seems proper; and may make from time

No. 1135.] RAILWAYS ACT 1890. 3001

to time such further or other order for restraining the company or "The Pumc any other persons from using the said railway or any part thereof mUs mu

otherwise than in conformity with the said certificate or order of the court or a judge thereof, and may issue any writ of injunction for the purpose aforesaid; and such court shall have power to award costs to be paid by such company or by such other persons as aforesaid. . . . . .

128. The use of signals on all railways whatsoever shall be under signals to be the superintendence and control of the Board, who shall have full power "u ntendence and authority from time to time to issue a code or codes of signals and ot Boaia. to make rules and regulations in that behalf. *** *•107-

129. Every railway company shall, within forty-eight hours after Company to five

the occurrence upon the railway belonging to such company of any acci- £j SSSents*"* dent attended with personal injury to the public using the same, give attended with notice thereof to the JBoard ' rt i™

' 5 & 6 Vict. 130. Every railway company shall make snch periodical an ' o. &$%•?.

other returns of acaidents occurring in the course of the pubdic traffic oompmyto upon, the railway belonging to suci nompany whether attended with an accidents to personal injury or not in such form and manner as the Board shall i*""1!™ deem necessary and require for their information with a view to the ib!s!s. public safety.

, 131. In case it appear to theBoard that any railway company Kemedy by

has not complied with or is acting in a manner unauthorized by the nu^a^0"19

provisions of this Part of this Act or any general Act which may be ^ n ^ j nn ^ t n < , i r

hereafter passed relating to railways or of the special Act or in excess powers or of the powers given or objects defined by any of such Acts and that ™* " * . i j i f j i 1 1 . i , , i i - I r i j v IP- 8. 110.

it would oe ior tne puonc advantage mat tne company snouict De r^"T&8vtct strained from so acting, the Board may certify the same to the Attorney-^». .5 a. 17. General, and thereupon he shall, if such default of the company consist of non-compliance with the provisions of any of the Acts aforesaid, proceed to recover such penalties and forfeitures or otherwise to enforce the due performance of the said provisions by such means as any person aggrieved by such non-compliance or otherwise authorized to sue for such penalties might employ under the provisions of the said Acts; and if .the default of the company consist in the commission of act or acts unauthorized by law, he shall proceed to obtain an injunction or order to restrain the company from acting in such illegal manner or such other relief as the nature of the case may require; and the judge to whom such application is made shall be authorized to grant such injunction or order or to give such other relief, if he be of opinion that the acts of the company are not authorized by law.

132. No such certificate as last aforesaid shall, be given by the Notice to

Board until twenty-one days after it has given to the company against iSStomtcniion or in relation to which it intends to give such certificate notice of its to certify. intention to give the same; and no legal proceedings shall be com- a~*•ll1-menced under the authority of the Board against any company for '*'.

JS> L ^ J.1 i A A i j . • J. ' l Proceedings to

any onence against any or tbe several Acts relating to railways Or be taken only to this Act or any general Act relating to railways, except upon such "withina*1* certificate of the Board and within one year after, such offence has been re­committed. . . . . . .

3002 E A I L W A Y S ACT 1890. [54 V ICT.

" The Pnuic 1 3 3 . Whenever the Board shall consider that the exigencies of any WvrfatStatute «^„^ A~ ~ *i. ~ ~ n ^~« ~« .~.n~..A K£ ~*~~~ ~~.i."..~ : ~ * ~ « J \ * * , ~ * ~~ ~ *J. _ i. ' „

1806" *. U2. ease do not can tor or war ran t more active interference on its p a r t m Board may moak ehe regula t ion oo a n y ma t t e r re la t ing to the rai lway oo any company, company. the Board may m a k e such suggestions t o the directors as it t h inks

conducive t o the safety interests or convenience of the public or as the circumstances of the case m a y require ; and the directors shall cause every such suggest ion to be forthwith entered in a book to be kep t by t h e m for such purpose.

Documents 1 3 4 , Al l notices requisit ions orders regulat ions appoin tments cert i-wSccr o^oajn?' ficates certified copies and o ther documents in wr i t ing signed by the m'UHmc',)W!"'*";'<! secretary t o the Board or some other officer nomina ted for t h a t purpose II>. s. ii3. by the Board, and al l certificates of any th ing done by i t in relat ion to

the Par t s I . and I I I . of this Act and certified copies of the minutes of proceedings or correspondence of the Board in relation thereto signed by such secretary or officer as aforesaid, shall be deemed sufficient evidence thereof, and in the absence of evidence to the contrary without proof of the authority of the person signing the same or of the signature thereto; and service of the same a t one of the principal offices of any railway company on the secretary or clerk of the said sending the same by post addressed to him at such office shall be deemed good service U"DOH the said conipany; and all notices returns and other documents required by the said Par t s of this Act to be given to or laid before the Board shall be delivered a t or sent by post addressed to the office of the Board.

7 & 8 Vict. c. 80 s. 17.

Service of notice upon company.

Delivery of notices and documents for Board.

Regulation of gates at level crossings on public roads. lb. s. 114. r> tt a Vict. c. 65 s. 0. 8 & ft Viet. c. 20 s. n.

1 3 5 . I f any railway cross any public road on a level, the company to whom such railway belongs shall erect and permanently maintain either a station or a lodge a t such crossing, and shall a t all times maintain good and sufficient gates across such road on each side of the railway where the same shall communicate therewith; and shall employ proper persons to open and shut such gates; and such gates shall be kept constantly closed across such road on both sides of the railway, except during the time when horses cattle sheep or other animals carts or carriages passing along the road shall have to cross such railway; and such gates shall be of such dimensions and so constructed as while closed to fence in the railway and prevent such traffic as aforesaid from entering upon the railway and when opened to form a fence on each, side of the road across the railway and prevent t h e said traffic while crossing the railway from deviating* from the direct road across the same; and the person entrusted with the care of such ontes shall cause the same to be closed as soon as such horses cattle sheep or other animals carts or carriages shall have passed through the same

Discretion oi 1 3 6 . If the Board be satisfied tha t it will be more conducive to ofsuch'ievX9 the public safety tha t the gates on any level crossing over any such crossing's. road should be kept closed across the railway instead of across the s. 8. u5. road, the Board may order that such gates shall be kept so closed

3. 55s!9pioviso. instead of across the road; and in such case such gates shall be con­stantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner as above directed with respect to the gates being kept closed across the road.

No. 1135.] RAILWAYS ACT 1890. 3003

137. Where level crossings are allowed for the accommodation "ThePUIUC of private roads or for the owners of land adjoining the railway or Ywt'H'm^ otherwise than is hereinbefore provided, gates shall be constructed by Reflation of

the company at such respective crossings; and such gates shall be Bt mStTroads. placed on either side of the railway and shall open outwards from the railway, and when closed shall fence in the railway as aforesaid; and every person using such crossing shall close and fasten such gates im­mediately after passing through the same; and, if he cross with any carriage cart horse cattle sheep or other animal, shall use all convenient dispatch in crossing the railway with the same.

138. In the case of any information at the instance of a private In informations

prosecutor against any railway company, if a verdict be found for such prosecutor costs company, they shall be entitled to recover from such prosecutor the aS^SS™1 to

costs sustained by them by reason of such information; and if a verdict i>»rty. be found for the Crown, such prosecutor shall be entitled to recoverIb *•m-from such company the- costs sustained by him in prosecuting such information; such costs so to be recovered by the company or prose­cutor respectively shall be taxed by the proper officer of the Supreme Court; and such company may appear and such information m a y Company may

be tried in the same manner as any other information at any sittings bept™Laif iS** of the Supreme Court in its criminal jurisdiction. other trials by

139. It shall be lawful for any railway company to adopt with itanway such alterations of form only as may be necessary any of the by-laws JXX»ny"iif3' from time to time made concerning railways under the provisions of KjUjf310118™' this Act or any Act hereby repealed and at the time of the company's jy«. us. adoption thereof still in force; and at the expiration of one month after notice of such adoption shall have been inserted in the Government Gazetee such by-laws shall have the same effect as if the company had been empowered by this Act to make and had duly made such by-laws, and shall continue to have such effect until cancelled; and the company shall have the same remedies for the breach of the said by-laws or any of them as are by this Act given to or vested in the Commissioners; and any former or other by-laws of the company which may be incon­sistent with any by-laws adopted by them as aforesaid shall during the continuance of the by-laws so adopted be suspended and of no effect; and the several provisions hereinbefore contained in the one hundred and fifth one hundred and tenth and one hundred and eleventh sections respecting by-laws made by the Commissioners as to railways shall apply to the by-laws adopted as aforesaid.

140. If any railway or portion of a railway the property of a penaityfor company be opened without such a certificate from the Board as is here- j op'fn'no'iway inbefore required or be opened contrary to any order and direction of without j i -ri I , i , i • i i -i i i i n e e -j. j.1 certificate or the Board, the company to which such railway belongs shall iorteit the contrary to sum of Fifty pounds for every day during which the same continues " er" a ' open without such certificate, and of One hundred pounds for every day Vj during which the same continues open contrary to such order andc. 55 s. 55 direction; and every such penalty may be recovered by information in the name of the Attorney-General in the Supreme Court.

I . J * J _ I T I I Penalty on

141. If any company violate any rule or regulation of the Board company tor concerning signals such company shall forfeit for each offence a sum of Board as to not exceeding Ten, pounds * and every such penalty may be recovered s|s'ials-

VOL. IV. • 2 N

3004 RAILWAYS ACT 1890.

Worbt Statute 1865/

Penalty for neglect to give notice or make returns of rail­way accident. lb. s. 13&+

Penalty for omission to record suggestion by

lb. V' 1JU.

by information in the name of the Attorney-General in the Supreme Court.

142. If any railway company wilfully omit to give to the Board the notice required by this Part of this Act of any accident upon the railway belonging to such company attended with personal injury to the public using such railway, or neglect to deliver any returns of accidents occurring in the course of public traffic on such railway within fourteen days after such returns have been required or after the day appointed for making the same, every such company shall forfeit the sum of Twenty pounds for every day during which the omission to give such notice or to deliver such return shall continue; and every such penalty may be recovered by information in the name of the Attorney-General in the Supreme Court.

143. If the directors of any railway company omit to make a proper entry of any suggestion made to them by the Board in pursuance of its duty, they shall forfeit for every such omission the sum of Ten pounds; and every such penalty may be recovered by information in the name of the Attorney-General in the Supreme Court.

Section 2 SCHEDULE.

Dateof Act.

29 Vict. No. 289

47 Vict. No. 767

Title of Act

" The Ptihlic Works Statute 1865 "

" The Victorian Hallways Commissioners " Act 1883"

Extent of Repeal.

Sections 15,18, and 20, and so much of Part HI . as is not already re­pealed.

The whole.

BATES. [See Local Government Act t180.]