Page images
PDF
EPUB

51 & 52 VICT. them upon an application for through rates, may order the respondent Cap. 25. company or companies to pay such costs to the applicants as they think fit.1

1 As to through rates, who may apply, alternative route, reasonable route, through booking, and apportionment, see Law of Rlys. pp. 569-574 and 590-593, and cases there cited.

Cal. R.C. v. Greenock and Wemyss Bay R.C. (1878), 5 R. 995; Central Wales and Carmarthen R.C. v. G.W.R. (1882), 10 Q.B.D. 231, 4 R. & C. T. Ca. 110; M., S., and L. R.C. v. L. and N. W.R. (1887), 6 R. & C. T. Ca. 1.

As to "arrangement" for sea traffic, see Cal. R.C. v. G. and W. B. R.C. (1881), 4 R. & C. T. Ca. 70; Ayr Harbour Trs. v. G. and S. W. R.C. (1881), 4 R. & C. T. Ca. 81; Belfast Central R.C. v. G. N. R. of I. (1884), 4 R. & C. T. Ca. 379. See also Law of Plys. pp. 593, 594, and 26 & 27 Vict. c. 92, secs. 30 and 31; 31 & 32 Vict. c. 119, sec. 16; and sec. 11 of the Act of 1873, and sec. 28 of this Act.

See also Warwick Canal Co. v. Birmingham Canal Co.; e. p. L. and N. W.R. (1879), 5 Ex.D. 1, 3 R. & C. T. Ca. 113, 324.

XXVI. POWERS OF COMMISSIONERS AS TO THROUGH RATES.-Subject to the provisions in the last preceding section contained, the commissioners shall have full power to decide that any proposed through rate is just and reasonable, notwithstanding that a less amount may be allotted to any forwarding company out of such through rate than the maximum rate such company is entitled to charge, and to allow and apportion such through rate accordingly.

XXVII. Undue preference in case of unequal tolls, rates, and charges, and unequal services performed.-(1) Whenever it is shown that any railway company charge one trader or class of traders, or the traders in any district, lower tolls, rates, or charges for the same or similar merchandise, or lower tolls, rates, or charges for the same or similar services, than they charge to other traders, or classes of traders, or to the traders in another district, or make any difference in treatment in respect of any such trader or traders, the burden of proving that such lower charge or difference in treatment does not amount to an undue preference shall lie on the railway company.

(2) In deciding whether a lower charge or difference in treatment does or does not amount to an undue preference, the court having jurisdiction in the matter, or the commissioners, as the case may be, may, so far as they think reasonable, in addition to any other considerations affecting the case, take into consideration whether such lower charge or difference in treatment is necessary for the purpose of securing in the interests of the public the traffic in respect of which it is made, and whether the inequality cannot be removed without unduly reducing the rates charged to the complainant: provided that no railway company shall make, nor shall the court, or the commissioners, sanction any difference in the tolls, rates, or charges made for, or any difference in the treatment of, home and foreign merchandise, in respect of the same or similar services.2

1 See Pickering Phipps v. L. and N. W.R., L. R. (1892), 2 Q. B. 229, 8 R. & C. T. Ca. 83; and Liverpool Corn Traders Assoc. v. G. W.R. (1892), 8 R. & C. T. Ca. 114, contrasted with Liverpool Corn Traders Assoc. v. L. and N.W.R., L.R. (1891), 1 Q. B. 120, 7 R. & C. T. Ca. 125.

2 Mansion House Assoc. v. L. and S. W.R., L.R. (1895), 1 Q. B. 927, 9 R. & C. T. Ca. 20.

(3) The court or the commissioners shall have power to direct that no higher charge shall be made to any person for services in respect of merchandise carried over a less distance than is made to any other person for similar services in respect of the like description and quantity of merchandise carried over a greater distance on the same line of railway.

XXVIII. Extension of enactments as to undue preference to goods carried by sea. The provisions of section two of The Railway and Canal Traffic Act, 1854, and of section fourteen of The Regulation of Railways Act, 1873, and

of any enactments amending and extending those enactments, shall apply to traffic by sea in any vessels belonging to or chartered or worked by any railway company, or in which any railway company procures merchandise to be carried, in the same manner and to the like extent as they apply to the land traffic of a railway company.1

1 See note to sec. 25.

XXIX. Group rates to be chargeable by railway companies.-(1) Notwithstanding any provision in any general or special Act, it shall be lawful for any railway company, for the purpose of fixing the rates to be charged for the carriage of merchandise to and from any place on their railway, to group together any number of places in the same district, situated at various distances from any point of destination or departure of merchandise, and to charge a uniform rate or uniform rates of carriage for merchandise to and from all places comprised in the group from and to any point of destination. or departure.1

1 See Davis v. Taff Vale R.C. (1895), A. C. 542, per Lord Watson; North Lonsdale Iron and Steel Co., Ltd. v. Furness R. C. etc. (1891), 60 L.J. Q.B. 419, 7 R. & C. T. Ca. 146.

(2) Provided that the distances shall not be unreasonable, and that the group rates charged and the places grouped together shall not be such as to create an undue preference.

(3) Where any group rate exists or is proposed, and in any case where there is a doubt whether any rates charged or proposed to be charged by a railway company may not be a contravention of section two of The Railway and Canal Traffic Act, 1854, and any Acts amending the same, the railway company may, upon giving notice in the prescribed manner, apply to the commissioners, and the commissioners may, after hearing the parties interested and any of the authorities mentioned in section seven of this Act, determine whether such group rate or any rate charged or proposed to be charged as aforesaid does or does not create an undue preference. Any persons aggrieved, and any of the authorities mentioned in section seven of this Act, may, at any time after the making of any order under this section, apply to the commissioners to vary or rescind the order, and the commissioners, after hearing all parties who are interested, may make an order accordingly.

XXX. Power to dock companies and harbour boards to complain of undue preference. Any port or harbour authority or dock company which shall have reason to believe that any railway company is by its rates or otherwise placing their port, harbour, or dock at an undue disadvantage as compared with any other port, harbour, or dock to or from which traffic is or may be carried by means of the lines of the said railway company, either alone or in conjunction with those of other railway companies, may make complaint thereof to the commissioners, who shall have the like jurisdiction to hear and determine the subject-matter of such complaint as they have to hear and determine a complaint of a contravention of section two of The Railway and Canal Traffic Act, 1854, as amended by subsequent Acts.

XXXI. Complaints to Board of Trade of unreasonable charges by railway companies.-(1) Whenever any person receiving or sending or desiring to send goods by any railway is of opinion that the railway company is charging him an unfair or an unreasonable rate of charge, or is in any other respect treating him in an oppressive or unreasonable manner, such person may complain to the Board of Trade.

(2) The Board of Trade, if they think that there is reasonable ground for the complaint, may thereupon call upon the railway company for an explana

1888.

51 & 52 VICT. tion, and endeavour to settle amicably the differences between the complainant Cap. 25. and the railway company.

(3) For the purpose aforesaid, the Board of Trade may appoint either one of their own officers or any other competent person to communicate with the complainant and the railway company, and to receive and consider such explanations and communications as may be made in reference to the complaint; and the Board of Trade may pay to such last-mentioned person such remuneration as they may think fit, and as may be approved by the Treasury.

(4) The Board of Trade shall from time to time submit to Parliament reports of the complaints made to them under the provisions of this section, and the results of the proceedings taken in relation to such complaints, together with such observations thereon as the Board of Trade shall think fit.

(5) A complaint under this section may be made to the Board of Trade by any of the authorities mentioned in section seven of this Act, in any case in which, in the opinion of any of such authorities, they or any traders or persons in their district are being charged unfair or unreasonable rates by a railway company; and all the provisions of this section shall apply to a complaint so made as if the same had been made by a person entitled to make a complaint under this section.

XXXII. Annual returns by railway companies to contain such statistics as the Board of Trade shall require.-(1) The returns required of a railway company under section nine of The Railways Regulation Act, 1871, shall include such statements as the Board of Trade may from time to time prescribe, and the forms referred to in that section may from time to time be altered by the Board of Trade in such manner as they think expedient for giving effect to this section, and the said section nine of The Railways Regulation Act, 1871, shall apply accordingly.

(2) The Board of Trade may from time to time alter the times fixed by the said Act or by The Railways Regulation Act (Returns of Signal Arrangements, Workings, etc.), 1873, for the forwarding of any of the returns required by the said Act or this Act.

XXXIII. Classification table to be open for inspection. Copies to be sold.(1) The book, tables, or other document in use for the time being containing the general classification of merchandise carried on the railway of any company, shall, during all reasonable hours, be open to the inspection of any person without the payment of any fee at every station at which merchandise is received for conveyance, or where merchandise is received at some other place than a station then at the station nearest such place, and the said book, tables, or other document as revised from time to time shall be kept on sale at the principal office of the company at a price not exceeding one shilling.

(2) Printed copies of the classification of merchandise traffic, and schedule of maximum tolls, rates, and charges of every railway company authorised, as provided by this Act, shall be kept for sale by the railway company at such places and at such reasonable price as the Board of Trade may by any general or special order prescribe.

(3) The company shall within one week after application in writing made to the secretary of any railway company by any person interested in the carriage of any merchandise which has been or is intended to be carried over the railway of such company, render an account to the person so applying in which the charge made or claimed by the company for the carriage of such merchandise shall be divided, and the charge for conveyance over the railway shall be distinguished from the terminal charges (if any) and from the dock charges (if any), and if any terminal charge or dock charge is included in

such account the nature and detail of the terminal expenses or dock charges in respect of which it is made shall be specified.1

1 See Act of 1873, sec. 14. Also New Union Mill Co. v. G. W.R., L. R. (1896) 2 Q. B. 290 9 R. & C. T. Ca. 152; and Law of Rlys. pp. 594-600.

(4) Every railway company shall publish at every station at which merchandise is received for conveyance, or where merchandise is received at some other place than a station then at the station nearest to such place, a notice in such form as may be from time to time prescribed by the Board of Trade, to the effect that such book, tables, and document touching the classification of merchandise and the rates as they are required by this section and section fourteen of The Regulation of Railways Act, 1873, to keep at that station, are open to public inspection, and that information as to any charge can be obtained by application to the secretary or other officer at the address stated in such notice.

(5) Where a railway company carries merchandise partly by land and partly by sea, all the books, tables, and documents, touching the rates of charge of the railway company, which are kept by the railway company at any port in the United Kingdom used by the vessels which carry the sea traffic of the railway company, shall, besides containing all the rates charged for the sea traffic, state what proportion of any through rate is appropriated to conveyance by sea, distinguishing such proportion from that which is appropriated to the conveyance by land on either side of the sea.

(6) Where a railway company intend to make any increase in the tolls, rates, or charges published in the books required to be kept by the company for public inspection, under section fourteen of The Regulation of Railways Act, 1873, or this Act, they shall give by publication in such manner as the Board of Trade may prescribe at least fourteen days' notice of such intended increase, stating in such notice the date on which the altered rate or charge is to take effect; and no such increase in the published tolls, rates, or charges of the railway company shall have effect unless and until the fourteen days' notice required under this section has been given.

(7) Any company failing to comply with the provisions of this section shall, for each offence, and in the case of a continuing offence for every day during which the offence continues, be liable, on summary conviction, to a penalty not exceeding five pounds.

XXXIV. Place of publication of rates in respect of traffic at places other than stations.-When traffic is received or delivered at any place on any railway other than a station within the meaning of section fourteen of The Regulation of Railways Act, 1873, the railway company on whose line such place is shall keep at the station nearest such place a book or books showing every rate for the time being charged for the carriage of traffic other than passengers and their luggage, from such place to any place to which they book, including any rates charged under any special contract, and stating the distance from that place of every station, wharf, siding, or place to which such rate is charged.

Every such book shall, during all reasonable hours, be open to the inspection of any person without the payment of a fee.1

1 See Act of 1873, sec. 14, and Law of Rlys. pp. 594-600.

XXXV. Power to make rules for purposes of Part II. of Act.—(1) The Board of Trade may from time to time make, rescind, and vary rules with respect to the following matters :—

(a) The form and manner in which classifications and schedules under this part of this Act are to be prepared and submitted to the Board

1888.

51 & 52 VICT. Cap. 25.

of Trade and to Parliament, and the publication, advertisement, and settlement (by the Board of Trade) of such classifications and schedules, and of Provisional Orders;

(b) All proceedings before the Board of Trade under this part of this
Act;

(c) The fees to be paid in respect of such proceedings; and
(d) Any matter authorised by this Act to be prescribed.

(2) Any rules made by the Board of Trade in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament, and shall be judicially noticed, and shall have effect as if they were enacted by this Act.

PART III.-CANALS.

XXXVI. Part II. to extend to canal companies.-All the provisions of Part II. of this Act relating to any railway company shall, so far as applicable, apply to every canal company, and to every railway and canal company; and in Part II. of this Act, unless the context otherwise requires, the expression "railway company" shall include a canal company and railway and canal company, and the expression "railway" shall include a canal, and the expression "rate" shall include tolls and dues of every description chargeable for the use of any canal or by any canal company.1

1 As to canals, see note to sec. 16, Act of 1873.

XXXVII. Application of 36 & 37 Vict. c. 48, to canals.-(1) Section fifteen of The Regulation of Railways Act, 1873, shall apply to the terminal charges of a canal company.

(2) The Railway and Canal Traffic Act, 1854, as amended by The Regulation of Railways Act, 1873, shall extend to any person whose consent is required to any variation of the rates, tolls, or dues charged for the use of any canal, or by any canal company, in like manner as if such person were a canal company, and the expressions "canal company" and "railway and canal company" in the said Acts and this Act shall be construed accordingly to include such person.

(3) The provisions of The Railway and Canal Traffic Act, 1854, and The Regulation of Railways Act, 1873, with respect to rates, shall apply to tolls and dues of every description chargeable for the use of any canal or by any canal company. And nothing in any agreement, whether made before or after the passing of this Act, and whether confirmed by Act of Parliament or not, and nothing in this Act shall prevent the commissioners from making or enforcing any order for a through rate or toll which may in their opinion be required in the interest of the public.

(4) Any company allowing traffic to pass from a canal on to any other canal or any railway, or from a railway on to a canal, shall be deemed to be a forwarding company, and the allowing of traffic so to pass shall be deemed to be the forwarding of traffic within the meaning of the above-mentioned Acts.

(5) The provisions of The Railway and Canal Traffic Act, 1854, and of The Regulation of Railways Act, 1873, and of this Act, with respect to through rates, shall extend to any canals which, in connection with any river or other waterway, form part of a continuous line of water communication, notwithstanding that tolls may not be leviable by authority of Parliament upon such river or other waterway.

« PreviousContinue »