(4.) The referee by summons shall on the application of any party interested in the inquiry require the attendance. before himself at a place and time to be mentioned in the summons of any person to be examined as a witness before him and every person summoned shall attend the referee and answer all questions touching the matter to be inquired into and any person who wilfully disobeys any such summons or refuses to answer any question put to him by such referee for the purposes of the said inquiry shall be liable to a penalty not exceeding five pounds: Provided that no person shall be required to attend in obedience to any such summons unless the reasonable charges of his attendance shall have been paid or tendered to him and no person shall be required in any case in obedience to any such summons to travel more than ten miles from his place of abode ;

(5.) The referee may and shall administer an oath or an affirmation where an affirmation in lieu of an oath would be admitted in a court of justice to any person tendered or summoned as a witness on the inquiry;

(6.) Any person who upon oath or affirmation wilfully gives false evidence before the referee shall be deemed guilty of perjury;

(7.) The referee shall make his report to the Board of Trade in writing and shall deliver copies of the report upon request to all or any of the parties to the inquiry.

98, 99. As ante, p. 583.

[FIRST] SCHEDULE.

MAXIMUM RATES AND CHARGES FOR GOODS MATERIALS ARTICLES AND
THINGS CONVEYED BY THE COMPANY ON THE RAILWAY.

Animals.

For every horse mule or other beast of draught or burden fourpence per head per mile;

For every ox cow bull or head of cattle threepence per head per mile;

For calves pigs sheep and small animals one penny halfpenny per head per mile.

Goods.

For all coals coke culm charcoal cannel limestone chalk lime salt sand fireclay cinders dung compost and all sorts of

Penalties.
Costs of
Order.

manure and all undressed materials for the repair of public roads or highways twopence per ton per mile;

For all iron ironstone iron ore pig iron bar iron rod iron sheet iron hoop iron plates of iron slabs billets and rolled iron bricks slag and stone stones for building pitching and paving tiles slates and clay (except fireclay) and for wrought iron not otherwise specially classed herein and for heavy iron castings including railway chairs twopence halfpenny per ton per mile;

For all sugar grain corn flour hides dye woods earthenware
timber staves deals and metals (except iron) nails anvils
vices and chains and for light iron castings threepence per
ton per mile;

For cotton wools drugs manufactured goods and all other wares
merchandise fish articles matters or things not otherwise
specially classed herein fourpence per ton per mile;
For every carriage of whatever description [other than a bicycle
or tricycle] one shilling per mile;

[For every bicycle or tricycle

per mile.]

Small Parcels.

For any parcel not exceeding seven pounds in weight twopence;

For any parcel exceeding seven pounds and not exceeding fourteen pounds in weight fourpence;

For any parcel exceeding fourteen pounds and not exceeding twenty-eight pounds in weight sixpence;

For any parcel exceeding twenty-eight pounds and not exceeding fifty-six pounds in weight ninepence;

For any parcel exceeding fifty-six pounds but not exceeding five hundred pounds in weight such sum as the company may think fit;

Provided always that articles sent in large aggregate quantities although made up in separate parcels such as bags of sugar coffee meal and the like shall not be deemed small parcels but that term shall apply only to single parcels in separate packages.

Single Articles of Great Weight.

The company shall not be bound to carry single articles of great weight but if they do carry such articles they may charge:

For the carriage of any iron boiler cylinder or single piece of machinery or single piece of timber or stone or other single article the weight of which including the carriage shall exceed four tons but shall not exceed eight tons such sum as the company may think fit not exceeding two shillings per ton per mile;

For the carriage of any single piece of timber stone machinery or other single article the weight of which with the carriage shall exceed eight tons such sum as the company may think fit.

Regulations as to Rates.

For animals goods or things conveyed on the railway for any less distance than two miles the company may demand rates and charges as for two miles;

In computing the said rates and charges a fraction of a mile
shall be deemed a mile;

For the fraction of a ton the company may demand rates
according to the number of quarters of a ton in such
fraction and if there be a fraction of a quarter of a ton
such fraction shall be deemed a quarter of a ton;
With respect to all articles except stone and timber the weight
shall be determined according to the imperial avoirdupois
weight;

With respect to stone and timber fourteen cubic feet of stone
forty cubic feet of oak mahogany teak beech or ash and
fifty cubic feet of any other timber shall be deemed one
ton weight and so in proportion for any smaller quantity;
In the case of goods and single articles of great weight the
company may demand such charges as are reasonable for
loading and unloading the same and if any difference shall
arise as to the reasonableness of any such charge the
matter in difference shall be settled by the Board of
Trade.

[SECOND SCHEDULE.

[This Schedule is to be added only where a local authority are promoters. See sect. 90j of this Order.]

Provisions as to Sinking Fund, &c.

66

1.—(i.) The sinking fund shall be formed and maintained either— (a) By payment to the fund throughout the prescribed period of such equal annual sums as will together amount to the moneys for the repayment of which the sinking fund is formed (a sinking fund 80 formed is in this Schedule called a non-accumulating sinking fund"); or (b) By payment to the fund throughout the prescribed period of such equal annual sums as with accumulations at a rate not exceeding three pounds per centum per annum will be sufficient to pay off within the prescribed period the moneys for the repayment of which such sinking fund is formed (a sinking fund so formed is in this Schedule called an "accumulating sinking fund"). (ii.) Every sum paid to a sinking fund and in the case of an accumulating sinking fund the interest on the investment of the sinking fund shall unless applied in repayment of the loan in respect of which the sinking fund is formed be immediately invested in securities in which trustees are by law for the time being authorised to invest or in mortgages bonds debenture stock stock or other securities (not being annuity certificates or securities payable to bearer) duly issued by any local authority as defined by section 34 of the Local Loans Act 1875 other than the corporation the corporation being at liberty to vary and transpose such investments.

(iii.) In the case of a non-accumulating sinking fund the interest on the investments of the fund may be applied by the corporation toward the equal annual payments to the fund.

(iv.) The corporation may at any time apply the whole or any part of any

sinking fund in or towards the discharge of the money for the repayment of which the fund is formed: Provided that in the case of an accumulating sinking fund the corporation shall pay into the fund each year and accumulate during the residue of the prescribed period a sum equal to the interest which would have been produced by such sinking fund or part of a sinking fund so applied if invested at the rate per centum per annum on which the annual payments to the sinking fund are based.

(v.)—(a) If and so often as the income of an accumulating sinking fund is not equal to the income which would be derived from the amount invested if that amount were invested at the rate per centum per annum on which the equal annual payments to the fund are based any deficiency shall be made good by the corporation.

(b) If and so often as the income of an accumulating sinking fund is in excess of the income which would be derived from the amount invested if that amount were invested at the rate per centum per annum on which equal annual payments to the fund are based any such excess may be applied towards such equal annual payments.

(vi.) Any expenses connected with the formation maintenance investment application management or otherwise of the sinking fund shall be paid by the corporation in addition to the payments provided for by this Schedule.

2.-(i.) If it appears to the corporation at any time that the amount in the sinking fund with the future payments thereto in accordance with the provisions of this Schedule together with the accumulations thereon (in the case of an accumulating sinking fund) will probably not be sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed it shall be the duty of the corporation to make such increased payments to the sinking fund as will cause the sinking fund to be sufficient for that purpose: Provided that if it appears to the Local Government Board that any such increase is necessary the corporation shall increase the payments to such extent as the Board may direct.

(ii.) If the corporation desire to accelerate the repayment of the loan they may increase the amounts payable to any sinking fund.

(iii.) If the amount in any sinking fund with the future payments thereto in accordance with the provisions of this Schedule together with the probable accumulations thereon (in the case of an accumulating sinking fund) will in the opinion of the Local Government Board be more than sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed the corporation may reduce the payments to be made to the sinking fund either temporarily or permanently to such an extent as that Board shall approve.

(iv.) If the amount in any sinking fund at any time together with the probable accumulations thereon (in the case of an accumulating sinking fund) will in the opinion of the Local Government Board be sufficient to repay the loan in respect of which it is formed within the prescribed period the corporation may with the consent of that Board discontinue the equal annual payments to such sinking fund until the Board shall otherwise direct.

(v.) Any surplus of any sinking fund remaining after the discharge of the whole of the moneys for the repayment of which it is formed shall be applied to such purpose or purposes as the corporation with the consent of the Local Government Board may determine.

3.-(i.) The town clerk of the borough [clerk of the council] shall within twenty-one days after the thirty-first day of March in each year if during the twelve months next preceding the said thirty-first day of March any sum is required to be paid as an instalment or to a sinking fund in pursuance of the provisions of this Order and at any other time when the Local Government Board may require such a return to be made transmit to the Local Government Board a return in such form as may be prescribed by the Board

and if required by that Board verified by statutory declaration of the said town clerk [clerk] showing for the year next preceding the making of such return or for such other period as the Board may prescribe the amounts which have been paid as instalments or paid to or invested or applied for the purpose of the sinking fund and the description of the securities upon which any investment has been made and the purposes to which any portion of the sinking fund or investment or of the sums accumulated by way of compound interest has been applied during the same period and the total amount (if any) remaining invested at the end of the year and in the event of his wilfully failing to make such return the said town clerk [clerk] shall for each offence be liable to a penalty not exceeding twenty pounds to be recovered by action on behalf of the Crown in the High Court and notwithstanding the recovery of such penalty the making of the return shall be enforceable by writ of mandamus to be obtained by the Local Government Board out of the High Court.

(ii.) If it appears to the Local Government Board by that return or otherwise that the corporation have failed to pay any instalment required to be paid or to pay or set apart any sum required for the sinking fund or have applied any portion of the sinking fund to any purpose other than those authorised the Local Government Board may by order direct that the sum in such order mentioned not exceeding double the amount in respect of which default has been made shall be paid or applied as in such order mentioned and any such order shall be enforceable by writ of mandamus to be obtained by the Local Government Board out of the High Court.]

[For form of confirmation by Board of Trade, see ante, p. 585.]