Section 109 Penalties on persons using improper engines.

If any person, whether the owner or other person having the care thereof, bring or use upon the railway any locomotive or other engine, or any moving power, without having first obtained such certificate of approval as aforesaid, or if, after notice given by the company to remove any such engine from the railway, such person do not forthwith remove the same, or if, after notice given by the company not to use any such engine upon the railway, such person do so use such engine, without having first repaired the same to the satisfaction of the company and obtained such certificate of approval, every such person shall in any of the cases aforesaid forfeit to the company a sum not exceeding F1level 2 on the standard scale ; and in any such case it shall be lawful for the company to remove such engine from the railway.