Railways (Conveyance of Mails) Act 1838

Interpretation of terms.

7 Will. 4 & 1 Vict. c. 36.

Power of justices to determine offences against this Act.

19. Whenever the term “company of proprietors,” or “railway company,” or “company” is used in this Act, the same shall extend to and be construed to include the proprietors for the time being of any railway, whether a body corporate or individuals, and also (during the continuance of any demise or lease as aforesaid) any person, whether a body corporate or company or individuals, to whom any railway or part of a railway may previous to the passing of this Act have been demised or let, and their successors, executors, administrators, and assigns, unless the subject or context be otherwise repugnant to such construction; and the provisions of this Act shall be construed according to the respective interpretations of the terms and expressions contained in an Act passed in the first year of the reign of her present Majesty, intituled “An Act for “consolidating the laws relative to offences against the Post “Office of the United Kingdom, and for regulating the judicial “administration of the Post Office laws, and for explaining “certain terms and expressions employed in those laws,” so far as those interpretations are not repugnant to the subject or inconsistent with the context of such provisions; and this present Act shall be deemed and construed to be a Post Office Act within the intent and meaning of the said last-mentioned Act; and the pecuniary penalties hereby imposed shall be recovered and recoverable in the manner and form therein particularly mentioned and expressed with reference to the pecuniary penalties imposed by the Post Office Acts: Provided nevertheless that any justice of the peace having jurisdiction for any county through which any railway shall pass, in respect of which any penalty of forfeiture under this Act shall have been incurred, shall and may hear and determine any offence against this Act which may subject any company to a pecuniary penalty not exceeding twenty-pounds; and a summons issued under the Post Office Acts by any such justice against any railway company for the recovery of any such penalty shall be deemed to be sufficiently served in case either the summons or a copy thereof be delivered to any officer, servant, or agent of such company, or be left at any station belonging to such company.

[S. 20 rep. 37 & 38 Vict. c. 96. (S.L.R.)]