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RAILWAY REGULATION ACT 1842

RAILWAY REGULATION ACT 1842 - LONG TITLE

An Act for the better Regulation of Railways and for the Conveyance
of Troops.{1}
[30th July 1842]
Preamble, which recites the Railway Regulation Act 1840 (c.97), rep.
by SLR 1890 (No. 2)

S.1 rep. by SLR 1874 (No. 2)

RAILWAY REGULATION ACT 1842 - SECT 2
Recited Act and this Act to be construed together.

2. The provisions of the said recited Act and of this Act shall
be construed together as one Act, except so far as the provisions
of the said recited Act are hereby repealed, or shall be
inconsistent with the provisions of this Act.

S.3 rep. by SLR 1874 (No. 2)

RAILWAY REGULATION ACT 1842 - SECT 4
Notice of intended opening of railway for conveyance of passengers.

4. No railway or portion of any railway shall be opened for the
public conveyance of passengers until one calendar month after notice
in writing of the intention of opening the same shall have been
given, by the company to whom such railway shall belong, to the
lords of the committee of Her Majesty's privy council appointed for
trade and foreign plantations and until ten days after notice in
writing shall have been given by the said company to the lords of
the said committee of the time when the said railway or portion of
a railway will be, in their opinion, sufficiently completed for the
safe conveyance of passengers, and ready for inspection.

RAILWAY REGULATION ACT 1842 - SECT 5
If railway opened without notice, company to forfeit #20 per day.

5. If any railway or portion of any railway shall be opened
without such notice as aforesaid, the company to whom such railway
shall belong shall forfeit to Her Majesty the sum of twenty pounds
for every day during which the same shall continue open until the
said notices shall have been duly given and shall have expired; and
every such penalty may be recovered in any of Her Majesty's courts
of record ...

RAILWAY REGULATION ACT 1842 - SECT 6
Board of Trade may postpone the opening.

6. If the officer or officers appointed by the lords of the said
committee to inspect any such railway or portion of railway shall,
after inspection thereof, report in writing to the lords of the
said committee that in his or their 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 lords of the said committee, and so from time to time, as
often as such officers shall after further inspection thereof so
report, to order and direct the company, to whom such railway shall
belong, to postpone such opening for any period not exceeding one
calendar month at any one time, until it shall appear to the lords
of the said committee that such opening may take place without
danger to the public; and if any such railway, or any portion
thereof, shall be opened contrary to any such order and direction
of the lords of the said committee, the company, to whom such
railway shall belong, shall forfeit to Her Majesty the sum of
twenty pounds for every day during which the same shall continue
open contrary to such order and direction; and any such penalty may
be recovered in any of Her Majesty's courts of record ...: Provided
always, that no such order as aforesaid shall be binding upon any
railway company unless therewith shall be delivered to the said
company a copy of the report of the officer or officers on which
such order shall be founded.

Ss.7, 8 rep. by 1871 c.78 s.17 sch.2

RAILWAY REGULATION ACT 1842 - SECT 10
Railway companies to erect and maintain fences.

10. ... All railway companies shall be under the same liability of
obligation to erect, and to maintain and repair, good and sufficient
fences throughout the whole of their respective lines, as they would
have been if every part of such fences had been originally ordered
to be made under an order of justices by virtue of the provisions
to that effect in the Acts of Parliament relating to such railways
respectively.

RAILWAY REGULATION ACT 1842 - SECT 11
Disputes between connecting railways to be decided by the Board of
Trade.

11. Where two or more railway companies whose railways have a
common terminus or a portion of the same line or rails in common,
or which form separate portions of one continued line of railway
communication, shall not be able to agree upon arrangements for
conducting at such common terminus, or at the point of junction
between them, their joint traffic with safety to the public, it
shall be lawful for the lords of the said committee, upon the
application of either of the parties, to decide the questions in
dispute between them, so far as the same relate to the safety of
the public, and to order and determine whether the whole or what
proportion of the expenses attending on such arrangements shall be
borne by either of the parties respectively; and if any railway
company shall refuse or wilfully neglect to obey any such order
made upon or against such company by the lords of said committee
pursuant to this provision, such company shall forfeit to Her
Majesty the sum of twenty pounds per day for every day during
which such refusal or neglect shall continue; and every such penalty
may be recovered in any of Her Majesty's courts of record ...

RAILWAY REGULATION ACT 1842 - SECT 12
Powers of making branch communication with passenger railways, and of
entering upon them with locomotive engines, to be regulated by the
Board of Trade.

12. Recital (which refers to powers of laying down branch lines
opening into main lines, and of entering and passing along such
main lines with carriages and waggons drawn by locomotives, and
powers to form roads or railways across existing railways on the
level, given by various Acts to owners and occupiers of lands
adjoining the railway, and to other persons with their consent) rep.
by SLR 1890 (No. 2). If in the case of any railway on which
passengers are conveyed by steam or other mechanical power, it shall
appear to the lords of the said committee that such power as
aforesaid cannot be so exercised without seriously endangering the
public safety, and that an arrangement may be made with a due
regard to existing rights of property, it shall be lawful for the
lords of the said committee to order and direct that such powers
shall only be exercised subject to such conditions as the lords of
the said committee shall direct: Provided always, that no railway
shall be considered a passenger railway if two thirds or more of
the gross annual revenue of such railway shall be derived from the
carriage thereon of coals, ironstone, or other metals or minerals.

RAILWAY REGULATION ACT 1842 - SECT 13
Power to build bridges, &c. in lieu of level crossings.

13. And whereas in many cases railways have been made to cross ...
highways, and private roads, and tramways on the level, and the
companies to whom such railways belong would in some cases be
willing, at their own expence, to carry such roads and tramways
over or under such railways by means of a bridge or archway for
the greater safety of the public, but have no authority so to do:
And whereas it would promote the public safety if railway companies
were enabled, under the sanction and authority of the lords of the
said committee, to substitute bridges or archways for such level
crossing as aforesaid: In all cases where any railway company shall
be willing, at their own expence, to carry any ... highway, or
private road or tramway over or under their railway by means of a
bridge or arch in lieu of crossing the same on the level, it
shall be lawful for the lords of the said committee, on the
application of the said company, and after hearing the several
parties interested, if it shall appear to the lords of the said
committee that such level crossing endangers the public safety, and
that the proposal of the company does not involve any violation of
existing rights or interests without adequate compensation, to give
the said company full power and authority for removing the danger,
at their own expence, either by building a bridge or by such other
arrangement as the nature of the case shall require, subject to
such conditions as the lords of the said committee shall direct.

RAILWAY REGULATION ACT 1842 - SECT 14
Power for railway companies to enter upon adjoining lands to repair
or prevent accidents.

14. ... It shall be lawful for the lords of the said committee to
empower any railway company, in case of any accident or slip
happening or being apprehended to any cutting, embankment, or other
work belonging to them, to enter upon any lands adjoining their
railway for the purpose of repairing or preventing such accident,
and to do such works as may be necessary for the purpose: Provided
always, that in case of necessity it shall be lawful for any
railway company to enter upon such lands, and do such works as
aforesaid, without having obtained the previous sanction of the lords
of the said committee; but in every such case such railway company
shall, within forty-eight hours after such entry, make a report to
the lords of the said committee, specifying the nature of such
accident or apprehended accident, and of the works necessary to be
done, and such powers shall cease and determine if the lords of
the said committee shall, after considering the said report, certify
that their exercise is not necessary for the public safety: Provided
also, that such works shall be as little injurious to the said
adjoining lands as the nature of the accident or apprehended
accident will admit of, and shall be executed with all possible
despatch; and full compensation shall be made to the owners and
occupiers of such lands for the loss or injury or inconvenience
sustained by them respectively by reason of such works, the amount
of which compensation, in case of any dispute about the same, shall
be settled in the same manner as cases of disputed compensation are
directed to be settled by the Acts relating to the railway on
which such works may become necessary: Provided always, that no land
shall be taken permanently by any railway company for such works
without a certificate from the lords of the said committee as
herein-after described.

RAILWAY REGULATION ACT 1842 - SECT 15
Compulsory powers of taking land for the purposes of railways
extended where thought necessary for safety by the Board of Trade.

15. And whereas by various Acts relating to railways compulsory
powers are given to railway companies of purchasing and taking lands
for the construction of such railways, and it is provided that such
compulsory powers shall not be exercised after the expiration of
certain limited periods from the passing of the said Act: And
whereas it is sometimes found necessary for the public safety that
additional land should be taken after the expiration of such periods
for the purpose of giving increased width to the embankments and
inclination to the slopes of railways, or for making approaches to
bridges or archways, or for doing such works for the repair or
prevention of accidents as are herein-before described: In every case
in which the lords of the said committee shall certify that the
public safety requires additional land to be taken by any railway
company for such purposes as aforesaid, the compulsory powers of
purchasing and taking land contained in the Act or Acts of such
railway company, together with all the clauses and provisions
relative thereto, shall, as regards such portion or portions of land
as are mentioned in the certificate of the lords of the said
committee, revive and be in full force for such further period as
shall be mentioned in such certificate: Provided always that any
railway company applying to the lords of the said committee for any
such certificate shall give fourteen days notice in writing, in the
manner prescribed by the Act or Acts of such company for serving
notices on landowners, of their intention to make such application,
to all the parties interested in such lands, or such of them as
shall be known to the company, and shall state in such notice the
particulars of the lands required; and if any of such parties
interested shall apply within the said period of fourteen days to
the lords of the said committee, such party shall be heard by them
before any such certificate is given: Provided also, that where any
such application shall have been made by any railway company to the
lords of the said committee, upon which application any such
certificate shall have been refused, the directors of such railway
company shall, if required by the lords of the said committee,
repay to the party resisting such application any expences which he
or they may have incurred in resisting such application.

RAILWAY REGULATION ACT 1842 - SECT 16
Carriages of greater weight than four tons may be used on railways.

16. ... notwithstanding anything in any Act contained, it shall be
lawful for any railway company to use and to permit to be used
upon any railway carriages or waggons carrying or bearing (including
the weight of such carriage) a greater weight than four tons,
subject to such regulations as may from time to time be made and
be in force pursuant to any Act or Acts of Parliament already or
hereafter to be passed in that behalf.

RAILWAY REGULATION ACT 1842 - SECT 17
Punishment of persons employed on railways guilty of misconduct.

17. ... It shall be lawful for any officer or agent of any
railway company, or for any special constable duly appointed, and
all such persons as they may call to their assistance, to seize
and detain any engine driver, waggon driver, guard, porter, servant
or other person employed by the said or by any other railway
company or by any other company or person, in conducting traffic
upon the railway belonging to the said company, or in repairing and
maintaining the works of the said railway, who shall be found drunk
while so employed upon the said railway, who shall commit any
offence against any of the bye-laws, rules, or regulations of the
said company, or who shall wilfully, maliciously, or negligently do
or omit to do any act whereby the life or limb of any person
passing along or being upon such railway or the works thereof
respectively 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 engine driver, guard,
porter, servant, or other person so offending, or any person
counselling, aiding, or assisting in such offence, with all
convenient despatch, before some justice of the peace for the place
within which such offence shall be committed, without any other
warrant or authority than this Act; and every such person so
offending, and every person counselling, aiding, or assisting therein,
as aforesaid, shall, when convicted upon the oath of one or more
credible witness or witnesses before such justice as aforesaid (who
is hereby authorized and required, upon complaint to him made upon
oath, without information in writing, to take cognizance thereof, and
to act summarily in the premises), in the discretion of such
justice, be imprisoned, ... for any term not exceeding two calendar
months, or, in the like discretion of such justice, shall for every
such offence forfeit to Her Majesty any sum not exceeding ten
pounds, and in default of payment thereof shall be imprisoned ...
as aforesaid, for such period not exceeding two calendar months as
such justice shall appoint, such commitment to be determined on
payment of the amount of the penalty; and every such penalty shall
be returned to the next ensuing court of quarter sessions in the
usual manner.

S.19 rep. by 1868 c.119 s.47 sch.2. S.20 rep. by 1921 c.37 s.4(1)
sch.2; SL(R) 1978

RAILWAY REGULATION ACT 1842 - SECT 21
Meaning of the words ""railway'' and ""company''.

21. Whenever the word "railway" is used in this or in the said
recited Act it shall be construed to apply to all railways used or
intended to be used for the conveyance of passengers in or upon
carriages drawn or impelled by the power of steam or by any other
mechanical power; and whenever the word "company" is used in this
or in the said recited Act it shall be construed to extend to and
include the proprietors for the time being of any such railway,
whether a body corporate or individuals, and their lessees,
executors, administrators, and assigns, unless in either of the above
cases the subject or context be repugnant to such construction.

RAILWAY REGULATION ACT 1842 - SECT 22
Recovery and application of penalties.

22. All penalties under this Act for the application of which no
special provision is made shall be recovered in the name and for
the use of Her Majesty, in the manner provided by the said recited
Act for regulating railways.

S.23 rep. by SLR 1874 (No. 2)






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