|
|
Penalty for trespass on the Company's railways.
|
62.—(1) If any person trespasses upon any of the railways of, or worked by, the Company, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
|
|
| |
(2) Where a person is charged with an offence under this section in respect of a trespass—
|
|
| |
(a) the fact that he had not received a personal warning against the trespass shall not be a ground of defence,
|
|
| |
(b) he shall not, in any case, be convicted of the offence unless the Company proves to the satisfaction of the Court that, at the date of the trespass, there was affixed, at the station of the Company and at the level crossing nearest to the spot where the trespass is alleged to have been committed, a notice (painted on boards or printed, painted or enamelled on enamelled or other iron or any other material) in legible characters warning persons not to trespass on the railways of the Company.
|
|
| |
(3) No person lawfully crossing the railway of the Company at any level crossing or by means of any accommodation works maintained in pursuance of section 68 of the Railways Clauses Act, 1845, shall be liable to any fine under this section.
|
|
| |
(4) An offence under this section may be prosecuted by the Company.
|
