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5. Upon the application of any party aggrieved by the order made upon any such motion or summons as aforesaid, it shall be lawful for the court or judge, by whom such order was made, to direct, if they think fit so to do, such motion or application on summons to be reheard before such court or judge, and upon such rehearing to rescind or vary such order. 6. No proceeding shall be taken for any violation or contravention of the above enactments, except in the manner herein provided; but nothing herein contained shall take away or diminish any rights, remedies, or privileges of any person or company against any railway or canal or railway and canal company, under the existing law.
7. Every such company as aforesaid shall be liable for the loss of, or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, concondition, or declaration made and given by such company contrary thereto or in any wise limiting such liability; every such notice, con
also be lawful for the said attorney-general, | general rules and orders as to the forms of or lord advocate, to apply in like manner to proceedings and process, and all other matters any such court or judge; and in either of such and things touching the practice and otherwise cases it shall be lawful for such court or judge in carrying this Act into execution before such to hear and determine the matter of such com- courts and judges as they may think fit, in plaint; and for that purpose, if such court or England or Ireland; and in Scotland it shall be judge shall think fit, to direct and prosecute, lawful for the court of session to make such in such mode and by such engineers, barris- acts of sederunt for the like purpose as they ters, or other persons, as they shall think proper, shall think fit. all such inquiries as may be deemed necessary to enable such court or judge to form a just judgment on the matter of such complaint; and if it be made to appear to such court or judge on such hearing, or on the report of any such person, that anything has been done or omission made in violation or contravention of this Act by such company or companies, it shall be lawful for such court or judge to issue a writ of injunction or interdict, restraining such company or companies from further con tinuing such violation or contravention of this Act, and enjoining obedience to the same; and in case of disobedience of any such writ of injunction or interdict, it shall be lawful for such court or judge to order that a writ or writs of attachment, or any other process of such court, incident or applicable to writs of injunction or interdict, shall issue against any one or more of the directors of any company, or against any owner, lessee, contractor, or other person, failing to obey such writ of injunction or interdict; and such court or judge may also, if they or he shall think fit, make an order directing the payment by any one or more of such companies of such sum of money as such court or judge shall determine, not ex-dition or declaration being hereby declared to ceeding for each company the sum of £200 for be null and void; Provided always, That nothevery day, after a day to be named in the oring herein contained shall be construed to preder, that such company or companies shall fail vent the said companies from making such to obey such injunction or interdict; and such condition with respect to receiving, forwardmoneys shall be payable as the court or judge ing, and delivering of any of the said animals, may direct, either to the party complaining, or articles, goods, or things as shall be adjudged into court to abide the ultimate decision of the by the court or judge before whom any quescourt, or to Her Majesty; and payment thereof tion relating thereto shall be tried, to be just may, without prejudice to any other mode of and reasonable; Provided always, That no recovering the same, be enforced by attach greater damages shall be recovered for the loss ment or order in the nature of a writ of execu- of, or for any injury done to, any of such anition, in like manner as if the same had been mals beyond the sums hereinafter mentioned recovered by decree or judgment in any supe- (that is to say): for any horse, £50; for any rior court at Westminster or Dublin, in En- neat cattle, per head, £15; for any sheep or gland or Ireland, and in Scotland by such dili- pigs, per head, £2; unless the person sending gence as is competent on an extracted decree or delivering the same to such company shall, of the court of session; and in any such pro- at the time of such delivery, have declared them ceeding as aforesaid, such court or judge may to be respectively of higher value than as above order and determine that all or any coststhereof mentioned, in which case it shall be lawful for or thereon incurred shall and may be paid by such company to demand and receive, by way or to the one party or the other, as such court of compensation for the increased risk and or judge shall think fit; and it shall be lawful care thereby occasioned, a reasonable percentfor any such engineer, barrister, or other per-age upon the excess of the value so declared son, if directed so to do by such court or judge, above the respective sums so limited as aforeto receive evidence on oath relating to the mat said, and which shall be paid in addition to ter of any such inquiry, and to administer such the ordinary rate of charge; and such peroath. centage or increased rate of charge shall be notified in the manner prescribed in the Statute 11 Geo. 4, and 1 Wm. 4, c. 68, and shall be binding upon such company in the manner therein mentioned; Provided, also, That the proof of the value of such animals, articles, goods, and things, and the amount of the injury done thereto, shall in all cases lie upon the person claiming compensation for such loss or injury: Provided, also, That no special contract between such company and any other
4. It shall be lawful for the said court of common pleas at Westminster, or any three of the judges thereof, of whom the Chief Justice shall be one, and it shall be lawful for the said courts in Dublin, or any nine of the judges thereof, of whom the Lord Chancellor, the Master of the Rolls, the Lords Chief Justice of the Queen's Bench and Common Pleas, and the Lord Chief Baron of the Exchequer, shall be five, from time to time to make all such
parties respecting the receiving, forwarding or delivering of any animals, articles, goods or things, as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods or things respectively for carriage; Provided, also, That nothing herein contained shall alter or affect the rights, privileges or liabilities of any such company under the saidAct of the 11 Geo. 4 & 1 Wm. 4, c. 68, with respect to articles of the description mentioned in the said Act.
8. This Act may be cited for all purposes as the "Railway and Canal Traffic Act, 1854.' THE REGULATION OF RAILWAYS ACT, 1868. (31 & 32 Vict. c. 119.) Interpretation of Terms.
Sec. 2. In this Act the term "railway" means the whole or any portion of a railway or tramway, whether worked by steam or otherwise.
The term "company" means a company in- The term "canal company" includes any corporated either before or after the passing of person being the owner or lessee of, or workthis Act for the purpose of constructing, maining, or entitled to charge tolls for the use of taining, or working a railway in the United any canal in the United Kingdom constructed Kingdom (either alone or in conjunction with or carried on under the powers of any Act of any other purpose), and includes, except when Parliament. otherwise expressed, any individual or individuals not incorporated who are owners or lessees of a railway in the United Kingdom, or parties to an agreement for working a railway in the United Kingdom.
The term "person" includes a body corpo
Provision for Securing Equality of Treatment where Railway Company Works Steam Vessels.
Sec. 16. Where a company is authorized to build, or buy, or hire, and to use, maintain, and work, or to enter into arrangements for using, maintaining, or working, steam vessels for the purpose of carrying on a communication between any towns or ports, and to take tolls in respect of such steam vessels, then and in every such case tolls shall be at all times charged to all persons equally and after the same rate in respect of passengers conveyed in a like vessel passing between the same places under like circuinstances; and no reduction or advance in the tolls shall be made in favor of or against any person using the steam vessels in consequence of his having traveled or being about to travel on the whole or any part of the company's railway, or not having traveled or not being about to travel on any part thereof, or in favor of or against any person using the railway in consequence of his having used or being about to use, or his not having used or not being about to use, the steam vessels, and where an aggregate sum is charged by the company for conveyance of a passenger by a steam vessel and on the railway, the ticket shall have the amount of toll charged for conveyance by the steam vessel distinguished from the amount charged for conveyance on the railway.
The provisions of the Railway and Canal Traffic Act, 1854, so far as the same are applicable, shall extend to the steam vessels and to the traffic carried on thereby.
THE REGULATION OF RAILWAYS
(36 & 37 Vict. c. 48.)
An Act to make better provision for carrying into effect the Railway and Canal Traffic Act, 1854, and for other purposes connected therewith. (21st July, 1873.) Be it enacted as follows:
1. This Act may be cited as the Regulation of Railways Act, 1873.
2. This Act shall, except as herein is otherwise expressly provided, come into operation on the first day of September, 1873, which date is in this Act referred to as the commencement of this Act.
3. In this Act the term "railway company" includes any person being the owner or lessee of or working any railway in the United Kingdom constructed or carried on under the powers of any Act of Parliament.
The term "person" includes a body of persons corporate or unincorporate.
The term "railway" includes every station, siding, wharf, or dock of or belonging to such railway and used for the purposes of public traffic.
The term "canal" includes any navigation tolls may be levied by authority of Parliament, which has been made under or upon which and also the wharves and landing places of and belonging to such canal or navigation, and used for the purposes of public traffic.
The term "traffic" includes not only passengers and their luggage, goods, animals, and other things conveyed by any railway company or canal company, but also carriages, wagons, trucks, boats, and vehicles of every description adapted for running or passing on the railway or canal of any such company.
The term "mails" includes mail bags and post letter bags.
The term "special act" means a local or local and personal act, or an act of a local and personal nature, and includes a provisional order of the board of trade confirmed by Act of Parliament, and a certificate granted by the board of trade under the Railways Construction Facilities Act, 1864.
The term "the treasury" means the commissioners of Her Majesty's treasury for the time being.
The term "superior court" means in England any of Her Majesty's courts at Westminster; in Ireland, any of Her Majesty's superior courts at Dublin, and in Scotland, the court of session.
Appointment and Duties of Railway Commis
4. For the purpose of carrying into effect the provisions of the Railway and Canal Traffic Act, 1854, and of this Act, it shall be lawful for Her Majesty, at any time after the passing of this Act, by warrant under the royal sign
manual, to appoint not more than three commissioners, of whom one shall be of experience in the law and one of experience in railway business, and not more than two assistant commissioners; and upon the occurrence of any vacancy in the office of any such commissioner or assistant commissioner from time to time in like manner to appoint some fit person to fill the vacancy. It shall be lawful for the lord chancellor, if he think fit, to remove for inability or misbehavior any commissioner appointed in pursuance of this Act.
7. Where the commissioners have received any complaint alleging the infringement by a railway company or a canal company of the provisions of any enactment in respect of which the commissioners have jurisdiction, they may, if they think fit, before requiring or permitting The three commissioners appointed under any formal proceedings to be taken on such this Act (and in this Act referred to as the com- complaint, communicate the same to the commissioners), shall be styled the railway company against whom it is made, so as to afford missioners, and shall have an official seal, them an opportunity of making such observawhich shall be judicially noticed. They may tions thereon as they may think fit. act notwithstanding any vacancy in their num 8. Where any difference between railway ber. The said assistant commissioners shall companies, or between canal companies, or behold office during the pleasure of Her Majesty.tween a railway company and a canal company, 5. Any person appointed a commissioner is, under the provisions of any general or speunder this Act shall, within three calendar cial Act, passed either before or after the passmonths after his appointment, absolutely selling of this Act, required or authorized to be and dispose of any stock, share, debenture referred to arbitration, such difference shall, stock, debenture bond, or other security of any at the instance of any company, party to the railway or canal company in the United King- difference, and with the consent of the comdom which he shall at the time of his appoint- missioners, be referred to the commissioners ment own or be interested in for his own ben- for their decision in lieu of being referred to efit; it shall not be lawful for any person ap- arbitration; Provided, That the power of compointed a commissioner under this Act, so long pelling a reference to the commissioners in this as he shall hold office as such commissioner, section contained shall not apply to any case to purchase, take, or become interested in for in which any arbitrator has in any general or his own benefit, any such stock, share, debent- special Act been designated by his name, or by ure stock, debenture bond, or other security, the name of his office, or in which a standing and if any such stock, share, debenture stock, arbitrator having been appointed under any debenture bond or other security, or any in- special or general Act, the commissioners are terest therein, shall come to or vest in such of opinion that the difference in question may commissioner by will or succession, for his more conveniently be referred to him. own benefit, he shall, within three calendar months after the same shall so come to or vest in him, absolutely sell or dispose of the same or
9. Any difference to which a railway company or canal company is a party, may, on the application of the parties to the difference, and with the assent of the commissioners, be referred to them for their decision.
his interest therein.
10. The following powers and duties of the board of trade shall be transferred to the commissioners, namely:
(1.) The powers of the board of trade under part III of the Railway Clauses Act, 1863, or under any special Act, with respect to the approval of working agreements between railway companies; and,
(2.) The powers and duties of the board of trade under section 35 of the Railway Clauses Act, 1863, with respect to the exercise by railway companies of their powers in relation to steam vessels.
sued and made by the said courts and judges; and the said courts and judges shall, except for the purpose of enforcing any decision or order of the commissioners, cease to exercise the jurisdiction conferred on them by that section.
It shall not be lawful for the commissioners, except by consent of the parties to the proceed. ings, to exercise any jurisdiction by this Act conferred upon them in any case in which they shall be directly or indirectly interested in the matter in question. The commissioners shall devote the whole of their time to the perform ance of their duties under this Act, and shall not accept or hold any office or employment inconsistent with this provision.
6. Any person complaining of anything done or of any omission made in violation or contravention of section 2 of the Railway and Canal Traffic Act, 1854, or of section 16 of the Regulation of Railways Act, 1868, or of this Act, or of any enactment amending or apply ing the said enactments respectively, may apply to the commissioners, and upon the certificate of the board of trade alleging any such violation or contravention, any person appointed by the board of trade in that behalf may in like manner apply to the commissioners; and for the purpose of enabling the commissioners to hear and determine the matter of any such complaint, they shall have and may exercise all the jurisdiction conferred by section 3 of the Railway and Canal Traffic Act, 1854, on the several courts and judges empow. ered to hear and determine complaints under that Act; and may make orders of like nature with the writs and orders authorized to be is
And the provisions of the said Acts conferring such powers or imposing such duties, or otherwise referring to such powers or duties, shall, so far as is consistent with the tenor thereof, be read as if the commissioners were therein named instead of the board of trade.
Explanation and Amendment of Law.
11. Whereas, by section 2 of the Railway and Canal Traffic Act, 1854, it is enacted that every railway company and canal company and railway and canal company shall, according to their respective powers, afford all reasonable facilities for the receiving, and forwarding and delivering of traffic upon and from the several railways and canals belonging to or worked by such companies respect
ively, and for the return of carriages, trucks, (6.) If the objection be only to the appor boats, and other vehicles; and that no such tionment of the rate, the rate shall come into company shall make or give any undue or un- operation at the expiration of the prescribed reasonable preference or advantage to or in period, but the decision of the commissioners favor of any particular person or company, or as to its apportionment shall be retrospective; any particular description of traffic, in any re-in any other case the operation of the rate shall be suspended until the decision is given.
(7.) The commissioners, in apportioning the through rate, shall take into consideration all the circumstances of the case, including any special expense incurred in respect of the construction, maintenance or working of the route, or any part of the route, as well as any special charges which any company may have been entitled to make in respect thereof.
(8.) It shall not be lawful for the commissioners in any case to compel any company to
spect whatsoever, or shall subject any particular person or company, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever; and that every railway company and canal company and railway and canal company having or working railways or canals which form part of a continuous line of railway, or canal, or railway and canal communication, or which have the terminus, station, or wharf of the one, near the terminus, station, or wharf of the other, shall afford all due and reason-accept lower milage rates than the milage rates able facilities for receiving and forwarding by which such company may for the time being one of such railways or canals all the traffic legally be charging for like traffic carried by a arriving by the other, without any unreason-like mode of transit on any other line of com. able delay, and without any such preference or munication between the same points, being the advantage or prejudice or disadvantage, as points of departure and arrival of the through aforesaid, and so that no obstruction may be route. offered to the public desirous of using such railways or canals, or railways and canals as a continuous line of communication, and so that all reasonable accommodation may by means of the railways and canals and of the several companies be at all times afforded to the public in that behalf:
(1.) The company requiring the traffic to be forwarded shall give written notice of the proposed through rate to each forwarding company, stating both its amount and its apportionment, and the route by which the traffic is proposed to be forwarded.
(2.) Each forwarding company shall, within the prescribed period after the receipt of such notice, by written notice, inform the company requiring the traffic to be forwarded whether they agree to the rate and route; and, if they object to either, the grounds of the objection. (3.) If at the expiration of the prescribed period no such objection has been sent by any forwarding company, the rate shall come into operation at such expiration.
(4.) If any objection to the rate or route has been sent within the prescribed period, the matter shall be referred to the commissioners for their decision.
(5.) If an objection be made to the granting of the rate or to the route, the commissioners shall consider whether the granting of the rate is a due and reasonable facility, in the interest of the public, and whether, having regard to the circumstances, the route proposed is a reasonable route, and shall allow or refuse the rate accordingly.
(9.) The prescribed period mentioned in this section shall be ten days, or such longer period as the commissioners may from time to time, by general order, prescribe.
Where a railway company or canal company use, maintain, or work, or are party to an arrangement for using, maintaining, or working steam vessels for the purpose of carrying on a communication between any towns or ports, the provisions of this section shall extend to such steam vessels and to the traffic carried thereby.
12. Subject to the provisions in the last preceding section contained, the commissioners shall have full power to decide that any proposed through rate is due and reasonable, notwithstanding that a less amount may be alloted to any forwarding company out of such through rate than the maximum rate such com. pany is entitled to charge, and to allow and apportion such through rate accordingly.
13. A complaint of a contravention of section 2 of the Railway and Canal Traffic Act, 1854, as amended by this Act, may be made to the commissioners by a municipal or other public corporation, local or harbor board, without proof that the complainants are aggrieved by the contravention; Provided, That a complaint shall not be entertained by the commissioners in pursuance of this section unless such complaint is accompanied by a certificate of the board of trade to the effect that in their opinion the case, in respect of which the,complaint is made, is a proper one to be submitted for adjudication to the commissioners by such municipal or other public corporation, local or harbor board.
14. Every railway company and canal com pany shall keep at each of their stations and wharves a book or books showing every rate for the time being charged for the carriage of traffic other than passengers and their luggage, from that station or wharf to any place to which they book, including any rates charged under any special contract, and stating the distance from that station or wharf of every sta tion, wharf, siding, or place to which any such rate is charged.
Every such book shall, during all reasonable
hours, be open to the inspection of any person | sioners may require, shall be given by adverwithout the payment of any fee. tisement in the London, Edinburgh or Dublin Gazette, according as the head office of any canal company party to the agreement is situate in England, Scotland, or Ireland, and shall be sent to the secretary or principal officer of every canal company any of whose canals communicates with the canal of any company party to the agreement; and shall be published in such other way, if any, as the commissioners for the purpose of giving notice to all parties interested therein by order direct.
The commissioners may from time to time, on the application of any person interested, make orders with respect to any particular description of traffic requiring a railway company or canal company to distinguish in such book how much of each rate is for the conveyance of the traffic on the railway or canal, including therein tolls for the use of the railway or canal, for the use of carriages or vessels, or for locomotive power, and how much is for other expenses, specifying the nature and detail of such other expenses.
Any company failing to comply with the provisions of this selection shall, for each of fense, and in the case of a continuing offense, for every day during which the offense continues, be liable to a penalty not exceeding £5, and such penalty shall be recovered and ap plied in the same manner as penalties imposed by the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845 (as the case may require) are for the time being recoverable and appli
15. The commissioners shall have power to hear and determine any question or dispute which may arise with respect to the terminal charges of any railway company, where such charges have not been fixed by any Act of Parliament, and to decide what is a reasonable sum to be paid to any company for loading and unloading, covering collection, delivery, and other services of a like nature; any decision of the commissioners under this section shall be binding on all courts and in all legal proceedings whatsoever.
16. No railway company or canal company, unless expressly authorized thereto by any Act passed before the passing of this Act, shall, without the sanction of the commissioners, to be signified in such manner as they may by general order or otherwise direct, enter into any agreement whereby any control over or right to interfere in or concerning the traffic carried or rates or tolls levied on any part of a canal is given to the railway company, or any persons managing or connected with the management of any railway; and any such agreement made after the commencement of this Act without such sanction shall be void.
The commissioners shall withhold their sanction from any such agreement which is in their opinion prejudicial to the interests of the pub. lic.
17. Every railway company owning or having the management of any canal or part of a canal shall at all times keep and maintain such canal or part, and all the reservoirs, works, and conveniences thereto belonging, thoroughly repaired and dredged and in good working condition, and shall preserve the supplies of water to the same, so that the whole of such canal or part may be at all times kept open and navigable for the use of all persons desirous to use and navigate the same without any unnecessary hindrance, interruption, or delay.
(Sections 18, 19 and 20 relate to the Conveyance of Mails.)
Regulations as to Commerce.
Section 21 prescribes the duties of "assistant commissioners," and section 22 the salaries of the commissioners and their assistants; while sections 23 and 24 provide for the appointment of assessors and subordinate officers and clerks.
25. For the purposes of this Act the commissioners shall, subject as in this Act mentioned, have full power to decide all questions, whether of law or of fact, and shall also have the following powers; that is to say:
(a.) They may, by themselves or by any persons appointed by them to prosecute an inquiry, enter and inspect any place or building being the property or under the control of any railway or canal company, the entry or inspection of which appears to them requisite:
(b.) They may require the attendance of all such persons as they think fit to call before them and examine, and may require answers or returns to such inquiries as they think fit to make;
(c.) They may require the production of all books, papers, and documents relating to the matters before them;
(d.) They may administer an oath; (e.) They may, when sitting in open court, punish for contempt in like manner as if they were a court of record.
Not less than one month before any such agreement is so sanctioned, copies of the intended agreement certified under the hand of the secretary of the railway company or one of the railway companies party or parties thereto, shall be deposited for public inspection at the office of the commissioners, and also at the office of the clerk of the peace of the county, riding, or division in England or Ireland, in which the head office of any canal company party to the agreement is situate, and at the office of the principal sheriff clerk of every 26. Any decision or any order made by the such county in Scotland, and notice of the in commissioners for the purpose of carrying into tended agreement, setting forth the parties be- effect any of the provisions of this Act may be tween whom or on whose behalf the same is made a rule or order of any superior court, intended to be made, and such further par- and shall be enforced either in the manner diticulars with respect thereto as the commis-rected by section 3 of the Railway and Canal
Every person required by the commissioners to attend as a witness shall be allowed such expenses as would be allowed to a witness attending on subpena before a court of record; and in case of dispute as to the amount to be allowed, the same shall be referred to a master of one of the superior courts, who, on request, under the hands of the commissioners, shall ascertain and certify the proper amount of such expenses.