CHAPTER 57. An Act to amend the Regulation of Railways Acts; and BE E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: visions to be 1.—(1.) The Board of Trade may from time to time order a rail- Power to order way company to do, within a time limited by the order, and subject certain proto any exceptions or modifications allowed by the order, any of the made for public following things: (a.) To adopt the block system on all or any of their railways open for the public conveyance of passengers; (b.) To provide for the interlocking of points and signals on or in connexion with all or any of such railways; (c.) To provide for and use on all their trains carrying passengers (i.) The brake must be instantaneous in action, and capable (iii.) The brake must be capable of being applied to every In making any order under this section the Board of Trade shall have regard to the nature and extent of the traffic on the railway, and shall, before making any such order, hear any company or person whom the Board of Trade may consider entitled to be heard. safety. Board of Trade. 2. If default is made in compliance with any order made by the Enforcement Board of Trade in pursuance of the last foregoing section, the Rail- of orders of way and Canal Commission may, on the application of the Board of Trade, enjoin obedience to the order, and thereupon the order may be enforced as if it were made by the Commission for the purpose of carrying into effect any of the provisions of the Acts under which the Commission have jurisdiction. to meet 3. Whenever any railway company shall be ordered by the Issuing deBoard of Trade to provide any appliances, or execute any works, benture stock or incur any expenditure under the provisions of this Act which expenses inwould properly be chargeable to capital account, it shall be lawful curred under for such company to furnish to the Board of Trade an estimate of this Act. the cost of providing such appliances, executing such works, and carrying out such order generally, and thereupon the Board of Trade shall, upon the application of the company, fix and determine the amount which would properly be capital expenditure, and the company may from time to time issue debentures or debenture stock in priority to or ranking pari passu with any existing debentures or debenture stock of such company bearing interest at a rate Returns of overtime to Board of Trade. not exceeding five per cent. per annum to an amount not exceeding the sum so fixed and determined, and any money raised under the provisions of this section shall be applied in carrying out such requirements of the Board of Trade and to no other purpose whatsoever, and no other authority save the certificate of the Board of Trade shall be requisite to authorise and validate the issue of such debentures or debenture stock. 4.-(1.) Every railway company shall make to the Board of Trade periodical returns as to the persons in the employment of the company whose duty involves the safety of trains or passengers, and who are employed for more than such number of hours at a time as may be from time to time named by the Board of Trade. (2.) The returns shall be delivered at such intervals, and shall be in such form, and contain such particulars, as the Board of Trade from time to time direct. (3.) The provisions of sections nine and ten of the Regulation of 34 & 35 Vict. Railways Act, 1871, with respect to penalties, shall apply to returns under this section. c. 78. Penalty for avoiding payment of fare. Passenger fare printed thereon. 5.-(1.) Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is paid, or pay his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding forty shillings. (2.) If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, refuses, on request by an officer or servant of a railway company, to give his name and address, any officer of the company or any constable may detain him until he can be conveniently brought before some justice or otherwise discharged by due course of law. (3.) If any person (a.) Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or (b.) Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or (c.) Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address, he shall be liable on summary conviction to a fine not exceeding forty shillings, or, in the case of a second or subsequent offence, either to a fine not exceeding twenty pounds, or in the discretion of the court to imprisonment for a term not exceeding one month. (4.) The liability of an offender to punishment under this section shall not prejudice the recovery of any fare payable by him. 6. From and after a date to be fixed by order of the Board of ticket to have Trade, and subject to such exceptions, if any, as may be allowed by such order, every passenger ticket issued by any railway company in the United Kingdom shall bear upon its face, printed or written in legible characters, the fare chargeable for the journey for which such ticket is issued, and any railway company issuing any passenger ticket in contravention of the provisions of this section shall be liable to a penalty not exceeding forty shillings for every ticket so issued, to be recovered on summary conviction. stations. 7. The power conferred on a railway company by the Railways Power to make Clauses Consolidation Act, 1845, and the Railways Clauses Con- byelaws as to solidation Act (Scotland), 1845, to make byelaws subject to disallowance by the Board of Trade, shall include power to make byelaws for maintaining order in, and regulating the use of, railway stations and the approaches thereto. 8.-(1.) This Act may be cited as the Regulation of Railways Short title. Act, 1889. (2.) This Act and the Regulation of Railways Acts, 1840 to 1871, may be cited collectively as the Regulation of Railways Acts, 1840 to 1889. CHAPTER 58. An Act to amend the Coinage Act, 1870, as respects Light "Where any gold coin of the realm is below the current weight "as provided by this Act, or where any coin is called in by any proclamation, every person shall, by himself or others, cut, break, "or deface any such coin tendered to him in payment, and the person tendering the same shall bear the loss:" And whereas the said section has failed to maintain the integrity of the gold coinage of the realm, and it is expedient to provide for the exchange of a portion of such gold coins as, owing to fair wear and tear, are below the least current weight without charging the holders thereof for the loss: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: c. 10. 1.-(1.) Any gold coin of the realm coined before the reign of Provision as to Her present Majesty which is below the least current weight as exchange of light preprovided by the Coinage Act, 1870, may, within the time and in the Victorian manner from time to time directed by Her Majesty the Queen in gold coins. Council, be tendered for exchange, and, if it has not been illegally dealt with, shall (notwithstanding anything in section seven of the Coinage Act, 1870) be exchanged or paid for by or on behalf of the Mint at its nominal value: (2.) Any expenses incurred by reason of such exchange or payment shall be defrayed out of moneys provided by Parliament: (3.) For the purposes of this Act a gold coin shall be deemed to have been illegally dealt with, where the coin has been impaired, diminished, or lightened otherwise than by fair wear and tear, or Short titles. has been defaced by having any name, word, device, or number stamped thereon, whether the coin has or has not been thereby diminished or lightened: (4.) In a gold coin loss of weight exceeding the amount specified in that behalf in the schedule to this Act shall for the purposes of this Act be primâ facie evidence that the coin has been impaired, diminished, or lightened otherwise than by fair wear and tear. 2. This Act may be cited as the Coinage Act, 1889. This Act and the Coinage Act, 1870, may be cited together as the Coinage Acts, 1870 and 1889. SCHEDULE. Loss of WEIGHT which is to be evidence of COIN being illegally dealt with. Note. In the case of any coin of higher denomination than a sovereign, a loss on each coin, proportionate to that on the sovereign, shall be evidence that the coin has been illegally dealt with. The standard weight of a sovereign is 123-27447 grains, and the standard weight of a half-sovereign is 61-63723 grains. Short title. Certain assignments made without par. ticular consent to be valid. 51 & 52 Vict. c. 13. CHAPTER 59. An Act to amend "The Land Law (Ireland) Act, 1888," with regard to Leaseholders. [30th August 1889.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the Land Law (Ireland) Act, 1888, Amendment Act, 1889. 2. Section one of the Land Law (Ireland) Act, 1888, shall be read and construed as if the words "and no application under the said section made by any person claiming as lessee under a "lease executed after the first day of June, one thousand eight "hundred and twenty-six, and before the first day of May, one thousand eight hundred and thirty-two, not containing a clause expressly authorising and empowering assignment, shall be dis 66 Amendment Act, 1889. "allowed on the ground that the consent of the landlord to any assignment of such lease has not been given, made, or evidenced " in the manner prescribed by the third section of the Act passed in "the seventh year of the reign of King George the Fourth, chapter twenty-nine, intituled 'An Act to amend the Law of Ireland 7 Geo. 4. "respecting the assignment and subletting of lands and tene- c. 29. s. 3. "ments,' when the landlord has consented to such assignment, and "such consent has been established by evidence satisfactory to the court," were inserted therein after the figures "1860". CHAPTER 60. An Act to amend the Law with respect to Preferential ВЕ E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Preferential Payments in Bank- Short title. ruptcy (Ireland) Act, 1889. 2. This Act shall not apply to England or Scotland. Extent of Act. 3. This Act shall, except as in this Act specially provided, come Commenceinto operation on the first day of January one thousand eight ment of Act. hundred and ninety, which date is in this Act referred to as the commencement of this Act. 4.-(1.) In the distribution of the property of any bankrupt, Priority of notwithstanding anything in the forty-ninth section of the Bank- debts. ruptcy (Ireland) Amendment Act, 1872, or the two hundred and 35 & 36 Vict. forty-ninth section of the Irish Bankrupt and Insolvent Act, 1857, c. 58. and in the distribution of the assets of any company being wound 20 & 21 Vict. up under the Companies Act, 1862, and the Acts amending the 25 & 26 Vict. same; notwithstanding anything in any of the said Acts, there c. 89. shall be paid in priority to all other debts, (a.) All parochial or local rates due from the bankrupt or the company at the date of the order of adjudication, or of the commencement of the winding up, as the case may be, and having become due and payable within twelve months next before such times respectively, and all property or income tax assessed on the bankrupt or the company up to the fifth day of April next before the date of the order of adjudication or the commencement of the winding up, as the case may be, and not exceeding in the whole one year's assessment; U c. 60. |