« EelmineJätka »
tion or Sum
sever; and 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 reasonable Facilities for receiving and forwarding all the Traffic arriving by one of such Railways or Canals by the other, without any unreasonable Delay, and without any such Preference or Advantage, or Prejudice or Disadvantage, as aforesaid, and so that no Obstruction may be 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 of the several Companies, be at all Times
afforded to the Public in that Behalf. Parties com
III. It shall be lawful for any Company or Person complaining plaining that
against any such Companies or Company of anything done, Facilities for or of any Omission made in Violation or Contravention of this forwarding Traffic, &c. are
Act, to apply in a summary Way, by Motion or Summons, in withheld, may England, to Her Majesty's Court of Common Pleas at apply by Mo:
Westminster, or in Ireland to any of Her Majesty's Superior
Courts in Dublin, or in Scotland to the Court of Session in mons to the Superior
Scotland, as the Case may be, or to any Judge of any such Courts. Court: and, upon the Certificate to Her Majesty's Attorney
General in England or Ireland, or Her Majesty's Lord Advocate in Scotland, of the Board of Trade, alleging any such Violation or Contravention of this Act by any such Companies or Company, it shall also be lawful for the said Attorney General or Lord Advocate to apply in like Manner to any such Court or Judge, and in either of such Cases it shall be lawful for such Court or Judge to hear and determine the Matter of such Complaint ; and for that Purpose, if such Court or Judge shall think fit, to
direct and prosecute, in such Mode and by such Engineers, • Barristers, or other Persons as they shall think proper, 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 continuing 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 exceeding for each company the Sum of Two hundred Pounds for every Day, after a Day to be named in the Order, that such Company or Companies shall fail to obey such Injunction or Interdict; and such Monies shall be payable as the Court or Judge may direct, either to the Party complaining, or into Court to abide the ultimate Decision of the Court, or to Her Majesty, and Payment thereof may, without Prejudice to any other Mode of recovering the same, be enforced by Attachment or Order in the Nature of a Writ of Execution, in like Manner as if the same had been recovered by Decree or Judgment in any Superior Court at Westminster or Dublin, in England or Ireland, and in Scotland by such Diligence as is competent on an extracted Decree of the Court of Session; and in any such Proceeding as aforesaid, such Court or Judge may order and determine that all or any Costs thereof or thereon incurred shall and may be paid by or to the One Party or the other, as such Court or Judge shall think fit; and it shall be lawful for any such Engineer, Barrister, or other Person, if directed so to do by such Court or Judge, to receive Evidence on Oath relating to the Matter of any such Inquiry, and to administer such Oath.
IV. It shall be lawful for the said Court of Common Pleas Judges may at Westminster, or any Three of the Judges thereof, of whom make such the Chief Justice shall be One, and it shall be lawful for the said may be neces
Regulations as Courts in Dublin, or any Nine of the Judges thereof, of whom sary for Prothe Lord Chancellor, the Master of the Rolls, the Lords Chief ceedings under
this Act. 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 General Rules and Orders as to the Forms of Proceedings and Process, and all other Matters and Things touching the Practice and otherwise in carrying this Act into execution before such Courts and Judges, as they may think fit, in England or Ireland, and in Scotland it shall be lawful for the Court of Session to make such Acts of Sederunt for the like Purpose as they shall think fit.
V. Upon the Application of any Party aggrieved by the Court or Judge Order made upon any such Motion or Summons as aforesaid, may order a it shall be lawful for the Court or Judge by whom such Order
Rehearing 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.
VI. No Proceeding shall be taken for any Violation or Mode of ProContravention of the above Enactments, except in the Manner ceeding under
. 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.
Company to be VII. Every such Company as aforesaid shall be liable for the
en Loss of or for any Injury done to any Horses, Cattle, or other lect or Default in the Carriage Animals, or to any Articles, Goods, or Things, in the receiving, of Goods, not forwarding, or delivering thereof, occasioned by the Neglect withstanding
or Default of such Company or its Servants, notwithstanding Notice to the contrary.
any Notice, Condition, or Declaration made and given by such Company contrary thereto, or in anywise limiting such Liability; every such Notice, Condition, or Declaration being hereby declared to be null and void: Provided always, that nothing herein contained shall be construed to prevent the said Companies from making such Conditions with respect to the receiving, forwarding, and delivering of any of the said Animals, Articles, Goods, or Things, as shall be adjudged by the Court or Judge
before whom any Question relating thereto shall be tried to Company not be just and reasonable: Provided always, that no greater
Damages shall be recovered for the Loss of or for any Injury beyond a limited' Amount in done to any of such Animals, beyond the Sums herein-after certain Cases, mentioned ; (that is to say,) for any Horse Fifty Pounds; unless the
for any Neat Cattle, per Head, Fifteen Pounds; for any Value declared and extra Pay- Sheep or Pigs, per Head, Two Pounds; unless the Person ment made. sending or delivering the same to such Company shall, at
the Time of such Delivery, have declared them to be respectively of higher Value than as above mentioned; in which Case it shall be lawful for such Company to demand and receive by way of Compensation for the increased Risk and Care thereby occasioned a reasonable Per-centage upon the Excess of the Value so declared above the respective Sums so limited as aforesaid, and which shall be paid in addition to the ordinary Rate of Charge ; and such Per-centage or increased Rate of Charge shall be notified in the Manner prescribed in the Statute Eleventh George Fourth and First William Fourth,
Chapter Sixty-eight, and shall be binding upon such Company Proof of Value in the Manner therein mentioned: Provided also, that the Proof to be on the of the Value of such Animals, Articles, Goods, and Things, and Person claiming Compensation.th
18 the Amount of the Injury done thereto, shall in all Cases lie
upon the Person claiming Compensation for such Loss or No special Injury: Provided also, that no special Contract, between such Contract to be company and any other Parties respecting the receiving,
forwarding, or delivering of any Animals, Articles, Goods, or signed.
Things as aforesaid shall be binding upon or affect any such
delivering such Animals, Articles, Goods, or Things respectively Saving of for Carriage: Provided also, that nothing herein contained Carriers Act shall alter or affect the Rights, Privileges, or Liabilities of 11 G. 4. & 1 W. 4.c. 68.
any such Company under the said Act of the Eleventh George Fourth and First William Fourth, Chapter Sixty-eight, with respect to Articles of the Descriptions mentioned in the said
Act. Short Title
VIII. This Act may be cited for all Purposes as “ The Railway and Canal Traffic Act, 1854."
respect to Artist William Found Act of the
when Parts of Lands in Lease are taken for the Pur
poses of the Church Building Acts. [10th July 1854.] BE E 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:
I. If any Hereditaments to be acquired for any of the Pur- Rents and poses of any of the Church Building Acts are included in a
Fines may be
apportioned. I ease or Underlease with any other Hereditaments, the Rent reserved by such Lease or Underlease, and any Fine certain to be paid on any Renewals thereof, may be apportioned between the Hereditaments so to be acquired and the Remainder of the Hereditaments, or may be wholly charged on such Remainder, in exoneration of the Hereditaments so to be acquired.
II. Such Apportionment or Exoneration may be effected by Parties to the the Parties respectively having Power to assign or convey the Apportion
ment. Leasehold Interest, and to assign or convey the Reversion expectant on such Leasehold Interest, in the Hereditaments 80 to be acquired.
III. In Cases where the value of the Hereditaments to be Jury may acquired is to be ascertained by a Jury, the Jury may also appurtion. apportion any such Rent or Fine as aforesaid.
Iy. On the acquiring as aforesaid of any Hereditaments Apportioned included with other Hereditaments in a Lease or Underlease Rent to be or Leases or Underleases as aforesaid, the Rent or apportioned the same Re
recoverable by Rent by any such Apportionment or Exoneration expressed medies as the to be made payable out of the Hereditaments which shall not entire Rent. be acquired as aforesaid, and out of the Hereditaments which shall be so acquired respectively, shall be recoverable as regards such Hereditaments respectively by the same Remedies by which before such acquiring the Rent reserved by the Lease or Underlease was recoverable out of the whole of the Hereditaments therein comprised; and all the Covenants, Conditions, and Agreements in such Lease or Underlease contained, as well those relating to Rent as others, so far as regards the Part acquired and the Residue not acquired as aforesaid respectively of the Hereditaments comprised in such Lease or Underlease, shall continue and shall subsist upon and against and with regard to such Part so acquired and such Residue respectively in like Manner as if such Part or Residue only had been originally comprised in such Lease or Underlease; and in case such Lease or Únderlease shall contain Provisions for Renewal upon Payment of a Fine certain, such Provisions for Renewal shall apply to the Part acquired and the Residue not acquired as aforesaid respectively of the Hereditaments comprised in such Lease or Underlease in the same Manner as if such Part or Residue only had been originally comprised in such Lease or Underlease, and the Fine certain to be paid on any Renewal had been the Q4
Fine certain which in the Exoneration or Apportionment shall
be expressed to be payable in respect of the same Hereditaments. How Sums V. Sums of Money to be secured by way of Insurance and all secnred by way other Sums of Money or other Payments or Services may be of Insurance,
apportioned or exclusively charged in the same Manner, and &c may be ape with the same Effects in all respects, as are herein provided with
respect to the Apportionment or exclusive Charge of Rent. Act to extend VI. The Provisions of this Act extend to all Cases where a to Cases where Part of the Hereditaments included in any Lease or Underlease Part of Hereditaments are
is to be acquired for the Purposes of any of the Church Building included in Acts, although no Apportionment of or Exoneration from Rent Leases, &c.
may take place by reason that no Rent or a Rent only nominal
is reserved by the Lease or Underlease. Act to extend VII. The Provisions of this Act relate to Contracts for Leases to Contracts
and Underleases as well as to Leases and Underleases. for Leases. Acts herein
VIII. The Acts herein referred to as the Church Building referred to. Acts are the Act of the Fourteenth and Fifteenth Years of Queen
Victoria, Chapter Ninety-seven, “to amend the Church Building Acts," and the Acts in that Act enumerated as the Church Building Acts, and also the Act of the Sixth and Seventh Years of Queen Victoria, Chapter Thirty-seven,“ to make better Provision for the Spiritual Care of populous Parishes.”
Police District under the Control of the Commissioners
[10th July 1854.] WHE
THEREAS it is expedient that such Public Statues as
are herein-after mentioned should be under the Control • and Superintendence of the Commissioners of Her Majesty's • Works and Public Buildings, and that such Commissioners
should have the Powers after mentioned:' Be it therefore 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:
I. In the Construction of this Act the Words “ Metropolitan Police District” shall be understood to describe the District defined under that Name by an Act of Parliament passed in the Tenth Year of the Reign of His late Majesty King George the Fourth, Chapter Forty-four; the Words “ Public Statue" shall be taken to include all the Statues mentioned in the Schedule to this Act, or which may hereafter be erected, either wholly or in part, within any such public Place as after mentioned; the Words“ public Place" shall be taken to include any Street, Square, Court, or other like Place within the Metropolitan Police District into or upon or over which there is any Public Right of Ingress, Egress, and Regress, or Thoroughfare.
Interpretation of Terms.