Passed by the Governor General of India in Council, on the 11th March, 1853.
Whereas it is ??? opening of the part of the ??? Railway Company, ??? regulating the said ??? and for the ??? the safety of persons ??? upon the said Railway; ??? as follows:
??? passenger shall enter any Carriage used on the aforesaid ??? having first paid his fare and obtained a ticket. Each ??? on payment of his fare, shall he furnished with a ticket, ??? the class of Carriage and the distance for which the fare has ??? reach passenger shall, when required, show his ticket to any ??? of the said Company duly authorized to examine the same, and ??? deliver up such ticket upon demand, to any of the Company's ??? authorized to collect tickets. Any passenger, not producing ??? up his ticket, as aforesaid, shall be liable to pay the fare from ??? whence the train originally started, unless he can prove that he has travelled a less distance only, and has paid his fare for such less distance.
2. At the intermediate stations the fares shall be deemed to be accepted, and the tickets furnished only upon condition that there shall be room in the train for which the tickets shall be furnished. In case there shall not be room for all the passengers to whom tickets shall be furnished, these who shall have obtained pickets for the longest distance shall have the preference, and those who shall have obtained tickets for the same distance shall have the preference, according to the order in which they shall have received their tickets.
3. Any person who shall attempt to defraud the Company by travelling, or attempting to travel, upon the Railway without having, previously paid his fare, or by riding in or upon a Carnage of a higher class than that for which he shall have paid his fare, or by continuing his journey in or upon any of the Carriages of the Company beyond the place for which he shall have paid his fare, without previously paying the fare for the additional distance, and with intent to avoid payment thereof, or who shall knowingly and wilfully refuse or neglect, on arriving at the point to which he shall have paid his fare, to quit such Carriage, or who shall, in any other manner whatever, attempt to evade the payment of his fare, is hereby subjected to a penalty not exceeding Twenty Rupees.
4. Any passenger, who shall get into or upon, or attempt to get into or upon, or shall quit or attempt to quit any Carriage while such Carriaige is in motion, or who shall ride or attempt to ride on the steps or any other part of a Carriage, except on those parts which are intended for the accommodation of passengers, shall be liable to a penalty not exceeding Twenty Rupees.
5. Any person other than the engine-man and fire-man, who shall ride or attempt to ride upon any locomotive engine or tender, and any person other than the guard or breaksman, who shall ride or attempt to ride upon any luggage, van or goods-waggon, without the special licence of the Superintendent of Locomotives, shall be liable to penalty not exceeding Twenty Rupees for each offence.
6. No person shall smoke either on the Company's premises, or in or upon any of their Carriages, (except in places or Carriages which may be specially provided for the purpose;) any person infringing this regulation is hereby subjected to a penalty not exceeding Twenty Rupees, and any person persisting in such infringement after being warned to desist by any of the Company's servants, in addition to incurring the penalty above mentioned, may immediately, or at the first opportunity, be removed from the Company's premises, and shall forfeit his fare.
7. ??? in any Railway Carriage, or ??? of intoxication, or ??? willfully and without lawful ??? interfere with ??? passenger on the Railway, shall ??? to a penalty not ??? Twenty Rupees; and in addition to ??? the ??? or at the first opportunity of ??? premises, and shall forfeit his ???
8. If any special Carriage or portion of a Carriage, or any ??? or apartment, shall be provided for the exclusive use of females, ??? person who shall enter such Carriage or portion of a Carriage, or ??? room or apartment, knowing the same to be exclusively ??? as aforesaid, or who shall remain therein after having been ??? exclusive appropriation, shall be liable to a penalty, not exceeding in of Twenty Rupees, and may be immediately removed therefrom, and also from the Company's premises, and shall forfeit his fare.
9. The Company shall not in any case be answerable for passengers' luggage, unless it shall have been booked and separately paid for.
10. If any person shall fail to pay on demand any sum due for the conveyance of any goods conveyed upon the Railway, it shall be lawful for the Company to detain and sell all or any part of such goods, or if the same shall have been removed from the premises of the Company, it shall be lawful for them to detain and sell any other goods on their premises belonging to the party liable to pay such sum, and out of the money arising from such sale, to retain the sum payable as aforesaid, and all charges and expenses of such detention and sale, rendering the overplus, if any, of the money arising by such sale and such of the goods as shall remain unsold, to the person entitled thereto, or the Company may recover any such sum by action at law.
11. The owner or person having the care of any goods which shall have been carried upon the said Railway, or shall be brought on to the, premises of the said Railway Company for the purpose of being carried on their Railway, shall, on demand by any servant of the Company appointed to receive goods to be carried on that part of the Railway on which such goods shall have been carried or shall be about to be carried, deliver to such servant an exact account in writing signed by him of the number or quantity of such goods.
12. If any such owner or person as aforesaid shall fail to give such account to such servant of the Company demanding the same, or if he shall give a false account thereof, he shall for every such offence forfeit to the Company a sum not exceeding Fifty Rupees for every ton of goods, or for any parcel exceeding one hundred weight, (as the case may be,) in addition to the sum payable for the carriage of such goods.
13. No person shall he entitled to carry, or to require the Company to carry, upon the Railway, any goods which in the judgment of the Company shall be of a dangerous nature; and if any person shall cause any dangerous goods to be carried upon the said Railway without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the Book-keeper, or other servant of the Company to whom the same shall be delivered for the purpose of being so carried, he shall forfeit to the Company Two hundred Rupees for every such offence; and it shall be lawful for the Company to refuse to carry any parcel that they may suspect to contain good of a dangerous nature, or to require the same ??? opened to ascertain the fact previously to carrying the same.
14. ??? who shall wilfully obstruct or impede any officer ??? in the discharge of his duty on the Railway, ??? connected therewith, shall be ???
15. ??? the Railway, or on any, ??? to the Company, shall Rupees; and if any such ??? on being requested to do so ??? or other person on behalf of the Company, he shall ??? not exceeding Fifty Rupees, and may be ??? such premises by such officer, servant, or other.
16. Any person who shall ride, lead, or drive upon or across the said Railway, or any part thereof, any beast or animal, (except in directly crossing the said Railway at any road or place appointed for that purpose, at a time at which he shall be lawfully authorized so to do,) shall be liable to a penalty not exceeding Fifty Rupees for each offence.
17. The owner of any animal which shall be found straying on tile Railway, or on any lands belonging to the Company, shall be liable to a penalty not exceeding Ten Rupees for each animal.
18. Any person who shall unlawfully and wilfully remove or deface the number-plates, or remove or extinguish any lamp on any Carriage belonging to the said Company, or shall wilfully damage or injure any Carriage, enginb, waggon, truck, warehouse, building machine, fence or any other matter or thing belonging to the Company, shall be liable to a penalty not exceeding Fifty Rupees, in addition to the amount of damage done.
19. If any person for whose use of accommodation any gate shall have been Set up by the said Company on either side of the said Railway, or any other person, shall open such gate, or pass or attempt to pass, or drive or attempt to drive any animal across the said Railway at a time when any engine or train passing along the same shall be in sight, or who shall at any time omit to shut and fasten such gate as soon as he and any carriage, cattle of other animals or things under his charge shall have passed through the same, he shall forfeit for every such offence a sum not exceeding Fifty Rupees.
20. If any person shall commit any offence against this Act to which any penalty is attached, and the name and address of such person shall be unknown, any officer or servant of the Company, or any Police officer, may lawfully apprehend and detain such person until he can conveniently he taken before a Magistrate, or other officer having jurisdiction over the offence, or until he shall be otherwise discharged by due course of law.
21. Whoever shall wilfully do any act, or omit to do what he shall be legally bound to do, intending by such act or omission to cause, or knowing that he is thereby likely to cause, any engine, tender, carriage, or truck upon the said Railway to be obstructed, mismanaged, overthrown, or damaged in its passage upon the said Railway, and the life or limb of any person to be thereby endangered, shall be liable to be transported beyond sea for the term of his life, or to be imprisoned, with or without hard labour, for any term not exceeding seven years.
22. If any officer or servant of the said Company shall wilfully or negligently omit to do what he shall be legally bound to do, and if, in consequence of such omission, the life or limb of any person shall be ??? such officer or servant shall be liable to be imprisoned, with ??? labour, for any term not exceeding three years.
23. ??? officer or servant of the said Company shall be in a ??? whilst actually employed upon the Railway, or any ??? therewith in the discharge of any duty the ??? would be likely to endanger the ??? shall be liable to ??? not exceeding one year.
24. ??? Act, every officer or servant of ??? deemed to be legally bound to do everything which ??? do by any Regulation having regard to public safety ??? by the said Railway Company, and allowed by the ??? of Bombay, and of which such officer or servant shall have ???