The Sun.
London, England, 1841-02-13 00:00:00

RAILWAYS.

A BILL FOR TI-IE BETTER REGULATION
OF RAILWAYS.

(Introduced by Mr. Labouchere and Lord Seymour,
and ordered by the House of Commons to be printed,
Feb. 4, 1841.)
Whereas by an Act passed in the thi.d and fourth
p ars of the reign of her present Majesty, intituled
"An Act for Regulating lt►ilways," provision was
made for the supervision of railways :
And whereas it is expedient, for the safety of the
public, to make further provision for that purpose :
Be it enacted, by the Queen's Most Excellent Ma-
jesty, by.and with the consent of the Lords Spiritual
and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same,
t: at this Act shall come into operation on the passing
thereof.

And he it enacted, that th.e provisions of the said re-
cited 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recited Act are hereby repealed, or shall be inconsistent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.
And whereas by the said recited Act it is enacted
that after two months from the passing of the said re-
cited Act, no railway, or portion of any railway, shall
be opened for the public conveyance of passengers or
goods 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 be-
long to the Lords of the Committee of her Majesty's
Privy Council appointed for Trade and Foreign Planta-
tions ; and whereas by the said recited Act it is also
enacted, that if any railway, or portion of any railway,
shall be opened without due notice as aforesaid, the
company to whom such railway shall belong shall for-
feit to her Majesty the sum of twenty pounds for every
day during which the same shall continue open, until
the expiration of one calendar month after the com-
pany shall have given the like notice as is hereinbefore
required before the opening or the railway ; and any
such penalty may be recovered in any of her Majesty's
Courts of Record ; be it enacted, that the said recited
provisions of the said Act shall be and they are hereby
repealed. _

And be it enacted, that no railway, or portion of any
railway, shall be opened for the public conveyance of
passengers until one calendar month alter 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 planta-
tions, and until ten days after notice in writing shall
have been given by the said company to the Lords of
the said Committee that the said railway, or portion of
railway, is sufficiently completed for the sate conveyance
of passengers, and ready for inspection.
And be it enacted, that if any railway, or portion of
any railway, shall be opened without such notice as
aforesaid, the company to whom such railway shall be•
long shall forfeit to her Majesty the sum of twenty
pounds for every day during which the same shall con-
tinue 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.

And be it enacted, that if the Lords of the said Com-
mittee shall be of opinion that the opening of any rail•
way, or portion of n railway, would be attended with
danger to the public, it shall be lawful for the Lords of
the said Committee, from time to time, to order and
direct the company to whom such railway shall belong
to postpone such opening fur any period not exceeding
one calendar month at. 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 sit'
such railway or any portion thereof shall be opened con-
trary to any such order and direction of the Lords of
the said Cummittee, 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 such penalty may be recovered in any of her Ma-
jesty's Courts of Record.

- And be it enacted, that the Lords of the said com-
mittee may order and direct any railway company to
make up and deliver to them such returns of accidents
occurring in the course of the public traffic upon the
rail /ray belonging to such company, and also such re-
turns of the arrangements for conducting the public
traffic thereon, as the Lords of the said Committee shall
deem necessary for their information with a view to the
public safety ; and if any returns herein mentioned
shall not he so delivered within seven days after the
same shall have been required, every such company
shall forfeit to her Majesty the sum of twenty pounds
for every day during which the said company shall ne-
glect to deliver the same; and every such penalty may
he recovered in any of her Majesty's Courts of Record.
And whereas by the said recited Act it is enacted,
that every officer of any company who shall wilfully
make any false return to the Lords of the said Commit-
tee, shall he deemed guilty of a misdemeanor ; and
whereas it is expedient to extend the said provision ; be
it enacted, that the said provision shall be and is hereby
repealed.

And be it enacted, that every officer of any company
who shall wilfully give or make any false notice or re-
turn, or certificate, or other instrument or document,
which shall be required to be given or made for the
purposes of this and the said recited Act, to or for the
use oftherLords of the said Committee, shall be deemed
guilty of a misdemeanor.
And he it enacted, that it shall be lawful for the
Lordk, of the said Committee to issue from time to time
such regulations as they shall deem necessary for the
prevention of accidents upon railways. Provided al-
ways, that such regulations shall not prescribe anything
of an experimental nature, nor interfere with the num-
ber of trains, nor with the times of starting trains, nor
with the speed of travelling on any railway further than
is necessary for the purpose of preserving an interval of
not more than fifteen minutes between succeeding trains.
Provided also, that no such regulation as aforesaid shall
be binding upon any railway company unless the Lords
of the said Committee shall have given to such company
twenty-one days' notice of their intention to issue the
same.

And be it enacted, that if any company shall fail to
observe any such regulation of the Lords of the said
Comm:nee, such company shall forfeit to her Majesty
the sum of 201. for cvory day during which such com-
pany shall so fail to observe any such regulation ; and
every such penalty may be recovered in any of her Ma-
jesty's Courts of Records.
And be it enacted, that whenever the Lords of the
said Committee shall order the postponement of the
opening of any railway, or portion of a railway', or snail
issue any regulation for the
prevention of accidents, in
pursuance of the provisions in that behalf in this Act
contained, they shall make a minute specifying the
grounds
every
ch niicihute ordersllall h ore l regulation f u
Parliament within one month after such minute shall be
made, if Parliament be th en sitting, and, if Parliament
be not sitting, then within ene month after the com-
mencement of the next Session of Parliament.
And whereas by the said recited Act, the Lords of
the said Committee are empowered to disallow all by-
laws, orders, rules, or regulations made by railway
companies, which shall impose penalties for the enforce-
ment thereof upon persons other than the servants of
of such companies, and for that purpose all such by-
laws, orders, rules, or regulations are thereby required
to be laid before the Lords of the said Committee ; and
whereas it is expedient to extend the provisions of the
said Act to all such by-laws, orders, rules, or regulations
as are of a public nature, and that without regard to
the penalties ther. by unposed ; be it enacted, that all
by-laws, order, rules, or
.rtgulations made, or to be
hereafier made, by anyradway company, which are of a
public nature, and which relate,. to or affect other per-
sons than the proprietors, ofuccrs, and servants of such
company, shall be returned to the Lords of the said
Committee, and shall be subject to the powers and pro-
visions in the said Act contained in regard to the by-
laws, orders, rules and regulations therein mentioned.
Anti be it enacted, that on and after the next
after the passing of this Act, no person shall he em-
ployed on any railway as an engine-driver in the course
of the public traffic, unless he shall hare been licensed
in pursuance of the provisions of this Act in that behalf ;
and if any person shall be so employed on any railway
Without having first deposited his license with-the-com-
pany to which such railway shall belong, such company

shall forfeit to her Majesty the sum of five pounds for
every day during which such person shall be so em-
ployed ; and every such penalty may be recovered in
any of her Majesty's Courts of Record.
Provided always, and he it further enacted, that in
cases of emergency it shall he lawful for any railway
company to employ any competent person, whether
duly licensed or not, to act as engine•driver in the
course of the public traffic, for any period not exceed-
ing seven days, or such further period as shall be
sanctioned on each occasion by the Lords of the said
Committee ; provided always, that whenever an un-
licensed person shall be employed, the company shall
give to the Lords of the said Committee, within forty-
eight hours after such employment, notice thereof, toge-
ther with a statement of the reasons thereof.
And be it enacted, that it shall be lawful for the
Lords of the said Committee to cause to be examined
any person nominated by any railway company for
the purpose of being licensed to act as engine-driver,
and to license any such person as shall appear to the
Lords of the said Committee to be duly qualified for
that purpose, and, when they see fit, to revoke or sus-
pend the license of any such Berson.
And be it enacted, that it shall be lawful for the
Lords of the said Committee to appoint, from time to
time, two or more persons, one of whom shall be the
engineer of the company, or some engineer selected by
the company, by whom the candidates to be examined
shall have been nominated, to examine the candidates
for licenses to act as engine-drivers, and the said ex-
aminers shall examine such candidates at such times
and in such manner as the Lords of the said Committee
shall appoint.

And be it enacted, that there shall he kept in the
office of the Committee of Privy Council for trade and
foreign plantation a register of licenses, in which shall
be entered the partitulars of every license granted in
pursuance of this Act ; and in all Courts, and before
any justice of the peace, and upon all occasions what-
soever, certified copies of the entries made or contained
in such register shrill be received as evidence, and be
deemed sufficient proof of all matters and things therein
registered or contained, without requiting the produc-
tion of any such register or of any license or other do.
current upon which such entries shall be founded, and
without any further proof than the product!on of such
certified copies, and every person shall be at liberty to
inspect any such register at all seasonable times without
payment of any fee or reward.

And be it enacted, that it shall be lawful for the
Lords of the said Committee to provide badges to be
worn by licensed engine drivers, and every engine-driver
to whom such badge shall have been given shall at all
times during his timployment upon any railway, in the
course of the public traffic thereon, and when he shall
be required to appear before any justice of the peace,
rear such badge conspicuously upon his breast, in such
manner that the number thereon shall be distinctly vi-
sible and legible.

And be it enacted, that if any person shall act as an
engine-driver upon any railway in the course of the public
traffic thereon without having a license, or if any licensed
person shall transfer or lend Lis license or badge, •or
shall act as an engine-driver in the course of the public
traffic, or attend when required before any justice of the
peace, without wearing such badge in manner hereinbe-
fore required, he shall forfeit to her Majesty for every
such offence a sum not exceeding five pounds.
And be it enacted, that if any person shall forge or
counterfeit, or shall cause or procure to be forged, coun-
terfeited, or resembled, any license or badge to be pro-
vided under this Act for an engine-driver, or if any per-
son shall sell or exchange, or expose to sale, or utter any
such forged or counterfeited license or badge, or if any
person shall knowingly and nithout lawful cause (the
proof whereof shall lie on the person accused) have or
be possessed of such forged or counterfeited license or
badge, every person so offending, and every person
knowingly and wilfully aiding, abetting, or assisting any
person in committing any such offence as aforesaid, shall
be deemed guilty of a misdemeanour.

And be it enacted, that every railway company shall
retain in their custody the license of every engine-driver
employed by them, so long as such engine-driver shall
be in their employment ; and in case such engine-driver
shall leave or be dismissed from or shall die in their ser-
vice, such company shall forthwith give notice thereof
in writing to the Lords of the said Committee, And
shall retain the license of such engine-driver until they
shall have received directions from the Lords of the said
committee as to the disposal of such license ; and if
such company shall not give such'notice as aforesaid, or
shall dispose of such license without or contrary to the
directions of the Lords of the said committee, every
such compar y shall forfeit to her Majesty for each
offence the sum of twenty pounds; and every such
penalty msy be recovered in any of her Majesty's
Courts of It:cord.

And be it, enacted, that every penalty not exceeding
the sum of five pounds for any offence against the pro-
visions of this Act, for the it nforcement of which no
proceeding is hereby expressly provided, shall be en-
forceable summarily before any Justice of the Peace
having jurisdiction within the place wherein such offence
shall have been committed ; and in default of payment,
upon conviction, of any such penalty, the offender shall
be immediately committed to prison for any period not
exceeding one calendar month, unless such penalty shall
be sooner paid ; and every such penalty shall be re-
turned to the next ensuing Court of Quarter Sessions
in the usual manner.

And be it enacted, that all notices, returns, and other
documents required by this Act, or by the said recited
Act, to be given to or laid before the Lords of the said
Committee, shall be delivered at or sent by post to the
office of the Lords of the said Committee ; and all
notices, requisitions, orders, regulations, appointments,
certiF.eates, certified copies, licenses, and other docu-
ments in writini', signed by one of the secretaries of the
said committee, or by sonic officer appointed for that
purpose by the Lords of the said Committee, and pur-
porting to be made lay the Lords of the said Committee,
shall for the purposes of this and of the said recited
Act be deemed to have been made by the Lo}ds of the
said Committee'; and service of the same upon any one
or more of the directors of any railway company, or on
the secretary or clerk of the said company, or by leaving
the same with the clerk or officer at one of the stations
heionging to the said company, shall be deemed good
service upon the said company.

And be it enacted that wherever the word " railway"
is used in this or in the said recited Act, it shall be con-
strued to apply to all railways used or intended to be
used for the conveyance of passengers in or upon car-
riages drawn or impelled by the power of steam or by
any other mechanical power ; and wherever the word
"company" is used in :his or i❑ the said recited Act,
it shall be construed to extend to and include the pro-
prietors for the time being of any such railway, whether
a body corporate or individulls, and their lessees, exe-
cutors, administrators, and assigns, unless the subject or
context be repugnant to such construction.

And be it enacted, that this Act may he amended or
repealed h.; any Act to be passed in the present Session
of Parham: nt.

THE ‘, FOItGET-111E-NO;i7

(From the Boulogne Gazette.)
A stern-looking matter-of-tact sort of a bookseller,
named Regnard, was summoned before the Judge of
this Court by one of the most engaging little milliners
that could be seen in a day's march—so innocent, so
prcposessing, so full of sentiment, the spirit of poetry,
and the affections of the heart, that she at once en-
gaged the sympathies of all who were present. She
had summoned the bookseller to restore a book con-
taining a" Forget-me•not," which was her property.
The Judge—M. Regnard, you are summoned here
to produce a book belonging to this young► person,
called " 'rile Pious Hours of Christian Ladies."

Regnard—Oui, Monsieur ; I bought it with a num-
ber of other books. But it is not a very saleable book.
1 prefer such books as "lc Petite Cuisinicre Bour-
geoise," cf. " les G:uvres de Piron," which are much
more in the spirit of the present age.—(Laughter.)
Regine stated that she had been apprenticed to
Madame Duval, a milliner. Unhappily she had lately
died, and her grief for her beloved mistress was so great
that it ;nada her ill, and she was laid upon a sick bed.
In six weeks afterwards she went to the house of the
late Madame Duval to claim her little effects, when
she found that everything had been sold off for the
benefit of the creditors.

Regnard—Well. that is an affecting story of your's,
and reminds me of Paul and Virginia, which, by the.bye,
is a book which has had a great sale.—(Laughter.)
The Judge (to Regine)—Did you then demand the
restitution of your property ?
Regine—Only of the one book in question, Sir,
which I was desirous of having, on account of its being
" souvenir."

Regnard—l have brought, Monsieur, a book called
" 'firs neures pieuscs des Dunes." It is a good
edition, bound in red morocco. Here it is : I am ready to
give it up, if Mademoiselle will consent to give me the
three francs which it cost me when I purchased it.
Rcgine—l am willing to reimburse you for the book,
provided you will furnish me with my own cony. That
is not my copy ; and it was for restitution of toy own
book, and not for an ordinary copy of it, that I.
summoned you.

Regnard—How Co you know that this is not yours?
It is !.lie same edition, has the same binding, and the
plates arc precisely what you describe.
Regine (sorrowfully)—Oh ! I know my own poor
little hook. It always opens in the same place ; and
besides, it has been inure used than this.
The Judgr—A book has been delivered to the officer
of the Court, M. R.,guard, very like that which you
produce. Your wife, it appears, found it in- the shop.
Look, Mademoiselle, is this your book ?
Regine (trembling with joy)—Oh, yes, yes, yes, that
is mine.
',IA .14:Aid,
How do you distinguish it ?
Re-;ine—lt Llways opens at the same place, nt the
mass. Look, you kid see it open. Hereupon RPginc
took the precious little volume in her hands, which at
once, almost of its own accord, opened ia the centre,
and at the spot indicated, disclosing to sicw a little
(hied eincinten of the nsyosotis, or " Forgct-me-not.'

Judge—Did you place the flower there ?
Itegine—Oh, Monsieur, if I had placed it there, think
you that I should have set such a value upon the book?
Oh no ; it was placed there by my dear mother, only
two short weeks before she descended to the silent
grave ; and I have so often wept upon that page when
praying for her repose, that the book always opens in
the cne place.
All present were much moved by the unaffected
s'mplicity and affection of the poor girl ; and in-
deed the bookseller himself had allowed his feel-
ings to be so much wrought upan, that he refused
to receive the three francs Nvi;ich he had paid for
the book. Take it," said be, handing her the vo-
lume, " take it, and keep your money. When you are
married, give it to your children ; and, to set them an
example of virtue and :affection, you will only have to
point to that flower and say, lac doublicz pas.'"

GLASGOW CATHEDRAL —Some time hack
we informed our readers of the dangerous settlements
which threatened the security of this ancient edifice, and
that an eminent architect had been commissioned by Go-
vernment to proceed to Glasgow to report upon the neces-
sary measures to be adopted for its preservation. There
is now no doubt but that one of the transepts mast be en-
tirely rebuilt ; in the meantime the walls supporting the
superstructure of the beautiful spire arc being shored up
xi h wood and iron !struts, which, as they most intersect
the !;ateway, will temporarily obstruct its pasiage, —Court
Jon, nal.

It is whispered at the Horse Curtis that on the
first vacancy in the command of either of the three regi.
ments of guards, or of the Elm:et:old Brigade, his lioyol
Highness Princes Albert will he appointed Colonel, and
in that case Prince George of Cambridge would unques-
tionobly succeed Prince Albert in the command of the
I lth Hussars.— Court Journal.