Regulation of Railways Act 1871

[F1 MiscellaneousU.K.

11 Disobedience to or obstruction of inspector or court.U.K.

If any person, without reasonable excuse (proof whereof shall lie on him), does any of the following things; namely,

(1)Having been summoned, and having had the expenses (if any) to which he is entitled tendered to him, fails to attend as a witness before any inspector under this Act, or before a court holding an investigation under this Act, or fails when required by the inspector or such court in pursuance 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 the inspector or such court in the execution of his or their duty,

he shall for every such offence incur a penalty not exceeding [F2ten pounds][F2level 1 on the standard scale], and in the case of a refusal to make any return or produce any document, not exceeding [F2ten pounds][F2level 1 on the standard scale] during every day that such failure continues; and where the offence consists of preventing or impeding as aforesaid, the inspector, or 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.

[F312Limitation of liability of companies on sea voyages in certain cases.U.K.

Where a railway company under a contract for carrying persons, animals, or goods by sea procure the same to be carried in a vessel not belonging to the railway company, the railway company shall be answerable in damages in respect of loss of life or personal injury, or in respect of loss of or damage to animals or goods, in like manner and to the same amount as the railway company would be answerable if the vessel had belonged to the railway company; provided that such loss of life or personal injury, or loss or damage to animals or goods, happens to the person, animals, or goods (as the case may be) during the carriage of the same in such vessel, the proof to the contrary to lie upon the railway company.]

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

X114 Penalty for trespassers on railways. U.K.

Section twenty-three of “The Regulation of Railways Act, 1868,” shall have effect as if the words “after having once received warning” were substituted therein for the words “after having received warning.” F5. . .

15 Recovery, &c. of penalties.U.K.

Every penalty imposed by this Act shall be recovered and applied in the same manner as penalties imposed by the M1Railways Clauses Consolidation Act 1845 and the M2Railways Clauses Consolidation (Scotland) Act 1845 (as the case may require), are for the time being recoverable and applicable.

16 Application of Act to Scotland.U.K.

In the application of this Act to Scotland—

(1)The term “attending on subpoena before a court of record” means attending on citation the Court of Justiciary.

(2)The Queen’s and Lord Treasurer’s Remembrancer shall perform the duties of a master of one of the Superior Courts under this Act.

(3)The term “stipendiary magistrate” means [F6sheriff principal or sheriff] .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7U.K.

18]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.