RAILWAYS.

No. 21 of 1909.

1129

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*

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54. It shall be lawful for the Governor to declare by notification any road or path which a railway may cross to be an occupation crossing. All occupation crossings shall be used subject to such rules as the Governor in Council may make in that behalf. The following provisions are subject to modification by such rules as aforesaid. The gates of occupation crossings are not to close across the railway and are to be kept locked by means of padlocks the keys of which shall be kept by railway officials. Every person desiring to use the same must give reasonable notice of his intention to do so to the station master of the nearest station. Cattle passing over the occupation crossing must not be driven but led by a suitable and properly secured halter. Every person using or attempting to use an occupation crossing without such notice, and every person causing cattle to cross without such halter, and the owner of any cattle so crossing, shall upon summary conviction be liable to a fine not exceeding fifty dollars, or to imprisonment for any term not exceeding three months.

55.-(1) The owner of every animal which trespasses or strays upon any railway or upon any railway lands (such railway or lands being provided with suitable fences for excluding cattle) shall upon summary conviction be liable to a fine not exceeding five dollars for each such animal.

(2) It shall be lawful for any railway official to take or drive every animal found so trespassing to the nearest police station, there to be detained until a sum of five dollars for each such animal and the expenses of feeding and keeping it be deposited or until a magistrate otherwise orders.

(3) Should any such animal prove unmanageable it shall be lawful for any railway official to kill it and the owner shall be liable to prosecution and fine if the trespass be proved.

(4) A magistrate may, upon proof of the trespass, cause such animal to be sold by public auction.

(5) Any such deposit or the proceeds of any such sale as aforesaid shall, after deducting therefrom such fine as the magistrate may award and such further sum as he may order to be paid for the expenses of keeping, feeding and, if the animal has ...

* As amended by No. 28 of 1927 [23.12.27].

+ As amended by Law Rev. Ord., 1939.

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