|
|
If railway companies contravene or exceed the provisions of their Acts, or of any general Act, the Board of Trade to certify the same to the attorney general, &c., who shall proceed against them.
|
17. Whenever it shall appear to the lords of the said committee that any of the provisions of the several Acts of Parliament regulating any railway company, or the provisions of this Act or of any general Act relating to railways, have not been complied with on the part of any railway company or any of its officers, or that any railway company has acted or is acting in a manner unauthorized by the provisions of the Act or Acts of Parliament relating to such railway, or in excess of the powers given and objects defined by the said Act or Acts, and it shall also appear to the lords of the said committee that it would be for the public advantage that the company should be restrained from so acting, the lords of the said committee shall certify the same to her Majesty’s attorney-general for England or Ireland, or to the lord advocate for Scotland, as the case may require; and thereupon the said attorney-general or lord advocate shall, in case such default of the railway company shall consist of non-compliance with the provisions of the Act or Acts relating thereto or of this Act, or of any general Act, relating to railways, proceed by information, or by action, bill, plaint, suit at law or in equity, or other legal proceeding, as the case may require, to recover such penalties and forfeitures, or otherwise to enforce the due performance of the said provisions, by such means as any person aggrieved by such non-compliance, or otherwise authorized to sue for such penalties, might employ under the provisions of the said Acts; and in case the default of the railway company shall consist in the commission of some act or acts unauthorized by law, then the said attorney-general or lord advocate, upon receiving such certificate as aforesaid, shall proceed by suit in equity, or such other legal proceeding as the nature of the case may require, to obtain an injunction or order (which the judge in equity or other judge to whom the application is made shall be authorized and required to grant, if he shall be of opinion that the act or acts of the railway company complained of is or are not authorized by law) to restrain the company from acting in such illegal manner, or to give such other relief as the nature of the case may require.
|
