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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


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© 1842 Crown Copyright

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