BEFORE THE RAILWAY COMMISSIONERS UNDER "THE REGULATION OF RAILWAYS ACT, 1873." WITH THE LAW APPLICABLE THERETO, AND THE GENERAL ORDERS, FORMS, TABLE OF FEES, STATUTES, &c. BY R. GORDON JUNNER, ESQ., LONDON: WILDY AND SONS, LINCOLN'S INN ARCHWAY, W.C. MEREDITH & RAY, KING STREET, MANCHESTER. BELL & BRADFUTE, EDINBURGH; HODGES, FOSTER & CO., DUBLIN. PREFACE. THE Act passed in last Session of Parliament known as "The Regulation of Railways Act, 1873," has created a new tribunal, to which in certain matters relating to railway and canal companies, the jurisdiction of the Court of Common Pleas and the Board of Trade has been transferred, and on which additional powers, particularly with respect to adjusting through rates, and settling by arbitration disputes between companies, have been conferred. This tribunal at present consists of three members, who are styled "The Railway Commissioners." Viewing the importance of their jurisdiction, the author has considered that a work on the practice of their Courts would be acceptable to the legal profession and the public. In the First Part will be found the Act with notes thereon, and the practice of the Commissioners' Courts. The Second Part treats of the law with respect to undue preference, and the other subjects dealt with under "The Railway and Canal Traffic Act, 1854." The Appendix (Part 3) contains the general orders, forms, table of fees, statutes, &c., necessary for the information of the practitioner. When the main portion of the work was written, no cases had been decided by the Commissioners. Those that have been decided it has consequently been necessary to insert at the end of the Introduction. Much information for the Introduction has been obtained from the Report of the Joint Select Committee of both Houses laid before Parliament last Session. The author has to express his thanks to his friend Mr. William Rutherford, of the Middle Temple, for assistance afforded in the preparation of the work. R. G. J. LIBRARY CHAMBERS, TEMPLE, ADDENDUM.1 After S. 16, on the 12th line of page 32, add "31 and 32 Vict. c. 119, ss. 36 and 37." CORRIGENDA. On the last line of page 28, for "8 Vict. c. 16" read "8 Vict. c. 20." On the third line of page 29, for "8 Vict. c. 17" read "8 and 9 Vict. c. 33." For the Cases decided by the Commissioners, see Introduction, p. xxvii. |