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21 & 22 VICT. cap. 75.

An Act to amend the Law relating to Cheap
Trains, and to restrain the Exercise of cer-
tain Powers by Canal Companies being also
Railway Companies. [2d August, 1858.]

WHEREAS by the Act passed in the session of Parliament 7 & 8 Vict. held in the seventh and eighth years of the reign of her c. 85. present Majesty, chapter eighty-five, section six, it is enacted, amongst other things, with respect to the cheap trains thereby required to be provided in certain cases, that the fare or charge for each third-class passenger by any such train shall not exceed one penny for each mile travelled: And whereas it is expedient to amend the said Act in manner hereinafter mentioned: And whereas it is also expedient to amend the act passed in the ninth year of the reign of her present Majesty, chapter forty-two, intituled

66

An Act to enable Canal Companies to become Carriers of 8 & 9 Vict. Goods upon their Canals," by restraining as herein-after c. 42. mentioned the exercise of certain powers therein contained: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

under one

mile.

1 & 2

1. When the distance travelled by any third-class pas- Fares for sengers by any train run in compliance with the provisions fractions relating to cheap trains contained in the said act of the seventh and eighth of Victoria, chapter eighty-five is a [Sections portion of a mile, and does not amount to one mile, the repealed fare for such portion of a mile may be one penny, or when by 40 & 47 such distance amounts to one mile, or two or more miles, Vict. c. 34, s. 10.] and a portion of another mile, the fare or charge for such portion of a mile, if the same amounts to or exceeds one half mile, may be one half-penny: Provided always, that for children of three years and upwards, but under twelve years of age, the fare or charge shall not exceed half the charge for an adult passenger.

tofore

2. After the passing of this act, no fare heretofore Certain charged to or received from any third-class passenger by rates hereany such train as aforesaid shall in any proceeding to be charged not hereafter instituted be deemed to have exceeded the rate to be prescribed in such case by the said act of the seventh and deemed exeighth of Victoria, chapter eighty-five, if the same shall

cessive.

not have exceeded the rate of one farthing for each entire quarter of a mile travelled.

Canal com3. Notwithstanding anything contained in the said repanies, cited Act of the ninth year of her Majesty, it shall not bə being also lawful for any canal or navigation company, being also a railway railway company, or entitled to work any railway concompanies, structed under the authority of any Act of Parliament, not to take hereafter to accept a lease of the whole or any part of the leases of undertaking of any other railway and canal company or of railways or any canal or navigation company, or of the tolls, dues, or canals charges upon or in respect of the whole or any part of any such undertaking, except under the powers of some act or authorized. acts heretofore passed or to be hereafter passed in which the parties to any such lease shall be specifically named and authorized to enter into the same.

unless

specially

Made per

4. This act shall continue in force for one year next petual by after the passing thereof, and thence to the end of the then next session of Parliament.

23 & 24

Vict. c. 41.

[Repealed

by 38 & 39

Vict. c. 66,

8. 1.]

21 & 22 VICT. cap. 98.

An Act to amend the Public Health Act, 1848, and to make further Provision for the Local Government of Towns and populous Districts (so far as relates to Railways.)

[2nd August, 1858.]

&c., or

improve,

40. It shall be lawful for any local board to agree with Power to the proprietors of any canals, railways or tramroads, local boards and with any landowners or other persons willing to by consent, bear the first expense thereof, for the construction or to construct alteration of, and accordingly to cause or permit to be public constructed or altered, any bridges, viaducts or arches bridges, over or under any such canals, railways or tramroads, adopt as at the expense of such persons, and at the like expense, by agreement, to purchase so much of any slopes, empublic, and bankments or other parts of such canals, railways, or existing tramroads, or of any adjoining lands, as may be required bridges, for the foundation and supports of such bridges, viaducts &c., over or arches, and the approaches thereto, and to agree that or under such bridges, viaducts and arches respectively, with canals, their approaches and accessories, shall become, and the railways, same shall accordingly become, on completion, parts of or trampublic streets or roads maintainable and repairable at the roads. public expense; and it shall be lawful for such board, with the consent of two thirds of their number, to agree to pay, and accordingly to pay, any portion of the expenses of such construction, alteration and purchase out of the funds at the disposal of such board for public improvements; and it shall be lawful for such board, with the consent of such proprietors and other persons interested, and on such terms as may be mutually agreed upon, to adopt any existing bridges, viaducts or arches over or under any such canals, railways or tramroads, and the approaches thereto, as public bridges, viaducts or arches, and parts of public streets or roads maintainable and repairable at the public expense.

55. The eighty-eighth and ninety-fifth sections of Mode of "The Public Health Act, 1848," shall be repealed, and assessment in lieu thereof be it enacted, that the general district of general rates shall be made and levied upon the occupier of all district such kinds of property as by the laws in force for the rate. time being are or may be assessable to any rate for the

Railways and certain kinds of property assessable

on one

fourth of their net annual value.

relief of the poor, and shall be assessed upon the full net annual value of such property, ascertained by the rate (if any) for the relief of the poor made next before the making of the assessments under this act, subject, however, to the following exceptions, regulations and conditions; namely, (inter alia)

The owner of any tithes, or of any tithe commutation rent-charge, or the occupier of any land used as arable, meadow or pasture ground only, or as woodlands, market gardens or nursery grounds, and the occupier of any land covered with water, or used only as a canal or towing-path for the same, or as a railway constructed under the powers of any act of parliament for public conveyance shall be assessed in respect of the same in the proportion of one fourth part only of such net annual value thereof.

22 & 23 VICT. cap. 59.

An Act to enable Railway Companies to settle [Applied by their Differences with other Companies by Vict. c. 74, Arbitration. [13th August, 1859.] 88.8, 9.1,

FOR the better providing for the settlement by arbitration of matters in which railway companies in the United Kingdom are mutually interested, be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; (that is to say,)

1. This act may for all purposes be cited as "Railway Short title. Companies Arbitration Act, 1859;" and the expression "Railway Companies" in this Act extends to and includes "Railway all persons being the owners or lessees of, and all con- comtractors working any railway upon which steam power is panies." ased.

2. Any two or more railway companies, whether already Power for or hereafter incorporated (in this act called the "the Cora- railway panies"), from time to time, by writing under their re- companies spective common seals, may agree to refer and may refer to refer to arbitration, in accordance with this act, any then exist- matters to ing or future differences, questions, or other matters what- arbitration. soever in which they then are or thereafter shall be mutually interested, and which they might lawfully settle or dispose of by agreement between themselves, and may delegate to the person or persons to whom the reference is made any power to determine all or any of the terms of any contract to be made between the companies which the directors of the companies respectively might lawfully delegate to any committees of themselves respectively.

3. The companies jointly, but not otherwise, from time Power to to time, by writing under their respective common seals, alter or remay add to, alter, or revoke any agreement for reference in voke agreeaccordance with this act theretofore entered into between ments for the companies, or any of the terms, conditions, or stipula- reference. tions thereof.

4. Every reference or agreement in accordance with this Agreeact, except so far as it is from time to time revoked or ments to be modified in accordance with this act, shall bind the com- carried into panies, and may and shall be carried into full effect.

effect.

5. Where the companies agree, the reference shall be Reference" made to a single arbitrator.

to single...u

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