directors may thus escape the charge of manslaughter by setting up evidence of some slight negligence on the part of a driver or other working servant, whereby the responsibility is divided, and the technical crime disproved.

MURDER.

11132. Criminal Acts.--If the act of a railway servant or any other person, which results in death, is of itself criminal, or can be proved to be malicious, then such person may be adjudged guilty of murder; on the other hand,

11133. Non-Liability.-Railway companies are not liable for the malicious or criminal acts of their servants; as,

11134. Out of Province.—It is self-evident that malicious and criminal acts are no part of any servant's legitimate province; therefore, 11135. Effect of Criminal Convictions.—Should a servant or any other person who causes a railway accident be therefore convicted of murder, the effect would be to discharge the railway company from all pecuniary responsibility concerning passengers (10698), though their responsibility would fully remain concerning property (10482).

BRIBERY OF RAILWAY SERVANTS.

11136. The consideration of railway accidents naturally leads to that of the bribery of railway servants; for,

11137. Late Trains.-A large proportion of railway accidents arise from trains being late; and

11138. Extravagant Luggage.-The lateness of many trains, especially those which stop at moderate intervals, may be traced to fussy people usually having an inconvenient quantity of luggage; and

11139. Necessary Consequence.- People who will be fussy and conspicuous find it necessary to bribe railway servants to do more for them than it is their proper duty to do, and hence trains are repeatedly detained; meanwhile,

11140. "Gratuities."-The railway regulations which so conspicuously prohibit bribery, under the milder name of "gratuities," act rather as hints to passengers to be liberal; because,

11141. It is notorious that such notices are inoperative.

11142. Bribery in the shape of gratuities to railway servants is on the increase.

11143. The bribers like it because it gives them a fictitious importance, and places them at an advantage over their fellow passengers. 11144. The servants like it because some of them get more by the system than they could by any reasonable increase of official pay; and

11145. The directors wink at it because they know it tends to keep the servants silent about the wretched wages which they receive.

11146. The sum total is the detention of trains, upon which point the law is not satisfactory; and

11147. No Government Jurisdiction.-The Board of Trade has no jurisdiction over the bye-laws which subsist concerning the relations between railway servants and their employers.

SPECIAL PUNISHMENT.

11148. Wilful Acts and Omissions.-Railway servants of every grade are specially liable to summary punishment for wilful acts and omissions calculated to lead to dangerous or fatal consequences.

11149. Every railway servant who is drunk on duty; or, 11150. Who wilfully offends against the bye-laws; or,

11151. Who wilfully does any act contrary to his prescribed duty; or, 11152. Who wilfully omits to do any act prescribed by his duty; or, 11153. Who aids or assists in, or incites to, any of the above offences; 11154. Is liable to instant arrest, summary conviction by a magistrate, imprisonment if the magistrate thinks fit, or a fine of £10.

11155. Assaults.-If a railway servant commits an assault upon a passenger he is liable to instant arrest, summary conviction by a magistrate, a fine of £5, or imprisonment in default of payment.

SAFETY OF RAILWAY SERVANTS.

11156. Reasonable Carc.-Railway companies are bound to provide reasonably, as all other employers are (9791), for the safety of their servants; thus,

11157. Defective Regulations.-If a railway servant is injured or killed through any defect in the regulations of the company; or,

11158. Defective Fittings.-Through any general fault or carelessness knowingly permitted by the company in the permanent way, rolling stock, premises, or fittings of the company; then,

11159. Compensation.-The company is liable in damages for loss of earnings or compensation to survivors; but,

11160. Surgical and Medical Attendance.-As in cases of other servants (10002), a railway servant has no claim for surgical or medical attendance not ordered by the company; and

11161. Mutual Negligence.-Railway companies, in common with other employers (9797), are not liable for personal injuries to their servants which arise directly out of the acts or negligence of their fellow servants.

STEAMBOATS.

ORDINARY OBLIGATIONS.

11162. So far as the proprietors of steamboats undertake the duties of common carriers (10386) and carriers of passengers (10660) they are liable in every respect in precisely the same degree; but,

SPECIAL PROVISIONS.

11163. Under the Merchant Shipping Act of 1862, certain special provisions are made for the regulation of steamboats.

11164. Board of Trade.—Every passenger steamboat is subject to the cognizance and control of the Board of Trade, under the regulation in force for the time being in that behalf; and

11165. Certificate.-Every proprietor of a passenger steamboat is required to procure a certificate from the Board of Trade of the fitness of his vessel for its purpose.

CONTROL OF PASSENGERS.

11166. The 35th section of the Act provides for the control of passengers and other persons, as follows:

11167. Any person who, being drunken or disorderly, has been on that account refused admission into any duly surveyed passenger steamer by the owner or any person in his employ, and who, after having had the amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists in attempting to enter such steamer :

11168. Any person who, being drunken or disorderly on board any such steamer, is requested by the owner or any person in his employ to leave the same at any place in the United Kingdom at which he can conveniently do so, and who, having had the amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request:

11169. Any person on board any such steamer, who, after warning by the master or any other officer of the steamer, molests, or continues to molest, any passenger:

11170. Any person who, after having been refused admission into any such steamer by the owner or any person in his employ, on account of such steamer being full, and who, after having had the full amount of his fare (if he has paid the same) returned to him, nevertheless persists in attempting to enter the same:

11171. Any person, having got on board any such steamer, who upon being requested on the like account by the owner or any person in his employ to leave such steamer before the same has quitted the place at which such person got on board, and who, upon having the full amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request: 11172. Any person who travels or attempts to travel in any such steamer

without having previously paid his fare (11187), and with intent to avoid payment thereof (11189):

11173. Any person who, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such steamer beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof (11189):

11174. Any person who knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit any such steamer : 11175. Any person on board any such steamer who does not, when required by the master or other officer of such steamer, either pay his fare or exhibit such ticket or other receipt (if any) showing the payment of his fare as is usually given to persons travelling by and paying their fare for such

steamer ;

11176. Shall for every such offence be liable to a penalty not exceeding forty shillings; but,

11177. Such liability shall not prejudice the recovery of any fare payable by him.

PROTECTION OF STEAMBOATS AND CREWS.

11178. The 36th section of the Act provides especially for the protection of steamboats and the crews thereof, as follows:—

11179. Injuring Steamboats.—Any person on board any such steamer (11167) who wilfully does, or causes to be done, anything in such a manner as to obstruct or injure any part of the machinery or tackle of such steamer; or,

11180. Who does or causes to be done anything to obstruct, impede, or molest (11185) the crew, or any of them, in the navigation or management of such steamer, or otherwise in the execution of their duty upon or about such

steamer ;

11181. Shall for every such offence be liable to a penalty not exceeding £20.

CAPTAINS OF STEAMBOATS.

11182. Great Power.-The discretionary power of captains of passenger steamboats is very great in the enforcement of statutory penalties; and

11183. Crews.-The statutory power vested in captains of passenger steamboats extends to crews as well as to passengers; and 11184. Extreme Severity.—It is in the power of steamboat captains to apply the law with extreme severity in certain cases; thus,

11185. The Wheel.-If a person, contrary to notice, persists in speaking to "the man at the wheel" (11180), he is liable to a penalty of £20.

11186. Penny Tickets.- If a person takes a penny ticket at Westminster Pier and attempts to make it available for Lambeth Pier, he is liable to a penalty of 40s. (11173), though the distance is much shorter than the generality of the distances covered by penny fares.

11187. Without Tickets.-If a person goes on board a penny steam

boat without first procuring a ticket, he is liable to a penalty of 40s. (11172).

11188. Places Beyond.-If a person takes a steamboat ticket from London Bridge to Putney and proceeds to Kew, he is liable to a penalty of 40s. (11174); but,

11189. Intent.-As in the case of railway offences (11074) steamboat passengers can only be punished upon proof of intent.

ARREST AND CONVICTION.

11190. The 37th section of the Act provides for the arrest and conviction of persons upon steamboats for misconduct, as follows :--

11191. Arrests.—It shall be lawful for the master or other officer of any duly surveyed passenger steamer, and of all persons called by him to his assistance, to detain any person who has committed any of the offences above provided against; and

11192. To convey such offender with all convenient despatch before some justice, without any warrant or other authority other than this Act; and

11193. Such justice shall have jurisdiction to try the case, and shall proceed with all convenient despatch to the hearing and determining of the complaint; though,

11194. Names and Addresses.—If the offender, as in the case of railway offences (10965), gives his real name and address, unless the officer preferring the complaint has good ground for believing that the name and address given is not genuine, must, as a general rule, waive summary proceedings, and proceed subsequently by summons or

warrant.

INNKEEPERS.

LICENSED VICTUALLERS.

11195. Not Necessarily Innkeepers.-A licensed victualler is not necessarily an innkeeper within the legal definition of that word; thus,

11196. Ale Houses and Gin Palaces.—An ale-house or a gin palace, where beds are never let, and where customers are never entertained for the night, is not an inn, and the landlord is not liable as an innkeeper, though he may choose to call his house an inn or hotel; on the other hand,