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This Act shall, so far as is consistent with the tenor thereof, be construed as one with the above-mentioned Acts.1

1 Words of citation repealed by 56 & 57 Vict. c. 54.

II. Definition of Summary Jurisdiction Acts.
III. Definition of Board of Trade.1

1 Secs. 2 and 3 are repealed by 56 & 57 Vict. c. 54.

IV. Returns to be made to the Board of Trade by railway companies.-Every railway company shall, on or before the fifteenth day of February in every year, make a full and true return to the Board of Trade of the matters and in the forms specified in the first and second schedules annexed to this Act, and the notes annexed to such schedules shall be deemed to be part of this Act in the same manner as if they were enactments contained in the body thereof.

If any railway company makes default in making any return required by this Act, it shall incur a penalty not exceeding five pounds for every day during which such default continues, such penalty to be recovered in manner provided by the Summary Jurisdiction Acts, upon the complaint of any officer of the Board of Trade: provided that the Board of Trade may in any case dispense with such return or any part thereof where they deem the same inapplicable.

V. Returns by coroners.-Every coroner in England and Ireland within seven days after holding an inquest on the body of any person who is proved to have been killed on a railway, or to have died in consequence of injuries received on a railway, and in Scotland every procurator fiscal within the like time and in like cases, shall make to one of her Majesty's Principal Secretaries of State, in such form as he may require, a return of the death and the cause thereof.

VI. Amendment of sec. 6 of The Railway Regulation Act, 1842.—Where any inspecting officer of the Board of Trade has reported to that Board, in pursuance of the sixth section of The Railway Regulation Act, 1842, that the opening of any railway or portion of a railway would in his opinion be attended with danger to the public using the same by reason of the incompleteness of the works or permanent way, or the insufficiency of the establishment for working such railway, together with the grounds of such opinion, and the Board of Trade have postponed the opening of such railway or portion of a railway in pursuance of such section for the period of one calendar month, it shall be lawful for the said Board, if it thinks fit, unless in the meantime it is stated by the Company to whom such railway belongs that all requisitions made by such inspecting officer upon his inspection of such railway or portion of a railway as being necessary for the safety of the public have been complied with, to direct the postponement of the opening of such railway or portion of a railway for a further period not exceeding one month without going to the expense of directing a further inspection to be made by the officer, and so on from time to time until the requisitions made by such officer have been complied with, or the said Board is otherwise satisfied that such railway or portion of a railway can be opened with safety to the public.

[SCHEDULES

1873.

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NOTES.-a and b.-A single or double junction, or a single or double crossing on the level,
to be considered as one case. On single lines of railway each connection with a
portion of double line at loops, terminal stations, or junctions to be stated.
c.-Each individual instance of a siding joining a passenger line, whether at a
station or elsewhere, not included in a or b, and each instance of connection
between such siding and such passenger line, to be enumerated.

d. Each crossover road not included under c, connecting any two lines, to be
considered one case.

e and f.-These numbers to represent the proportion of connections or crossings enumerated under a, b, c, d, the levers for working signals or points in connection with which have or have not been concentrated.

g and h.-These numbers to represent the proportions of connections or crossings enumerated under a, b, c, d, the levers for working signals and points in connection with which have or have not been interlocked.

k and l.-All cases in which safety points have or have not been applied to goods lines or goods sidings joining passenger lines, and enumerated under b and c, to be here stated.

REMARKS.

SECOND SCHEDULE.

Remarks.

Total Length of
the Company's
Railway open
for Passenger
Traffic, and of all
other Railways
open for
Passenger Traffic
which are
worked by them.

PORTIONS of the COMPANY'S RAILWAYS, or of other RAILWAYS worked by them.

(Where the system is not continuous, enter separately one under the other, under the head applicable, each main line or portion of main line or branch line so worked.)

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Distance
of
Double
Line.

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On the
Permissive
Block
System.

Distance
of
Double
Line.

Distance

of

Double Line.

Rails only.

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sisting

of two

or more

Lines of
Rails.

Con-
sisting
of a

Distance of

Single Line worked

by the Electric

Telegraph
in addition

to the

Single Lines of Railway (not included in the foregoing columns), (1) Worked under the System in which only one engine in steam or two or more engines coupled together are allowed to be upon the single line or portions thereof at one and the same time; or (2) Worked under the Train Porter System; or (3) Worked under the Train Staff System.

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System.

Train Staff System.

RAILWAY COMPANY.

1873

37 & 38 VICT. Cap. 40.

THE BOARD OF TRADE ARBITRATIONS, ETC., ACT, 1874.— 37 & 38 VICT. CAP. 40.

AN ACT TO AMEND THE POWERS OF THE BOARD OF TRADE WITH RESPECT TO
INQUIRIES, ARBITRATIONS, APPOINTMENTS, AND OTHER MATTERS UNDER
SPECIAL ACTS, AND TO AMEND THE REGULATION OF RAILWAYS ACT, 1873,
SO FAR AS REGARDS THE REFERENCE OF DIFFERENCES TO THE RAILWAY
COMMISSIONERS IN LIEU OF ARBITRATORS.-[30th July 1874.]

Preamble.1

1 Omitted by 56 & 57 Vict. c. 54.

PRELIMINARY.

I. Short title. This Act may be cited as "The Board of Trade Arbitrations, etc., Act, 1874."

PART I.

BOARD OF TRADE INQUIRIES, ETC.

II. Power of Board of Trade as to inquiry.—Where, under the provisions of any special Act, passed either before or after the passing of this Act, the Board of Trade are required or authorised to sanction, approve, confirm, or determine any appointment, matter, or thing, or to make any order or to do any other act or thing for the purposes of such special Act, the Board of Trade may make such inquiry as they may think necessary for the purpose of enabling them to comply with such requisition or exercise such authority.

Where an inquiry is held by the Board of Trade for the purposes of this section, or in pursuance of any general or special Act passed either before or after the passing of this Act, directing or authorising them to hold any inquiry, the Board of Trade may hold such inquiry by any person or persons duly authorised in that behalf by an order of the Board of Trade, and such inquiry if so held shall be deemed to be duly held.

III. Expenses connected with arbitration, sanction, etc.-Where application is made in pursuance of any special Act passed either before or after the passing of this Act, to the Board of Trade to be arbitrators, or to appoint any arbitrator, referee, engineer, or other person, or to hold any inquiry, or to sanction, approve, confirm, or determine, any appointment, matter, or thing, or to make any order, or to do any other act or thing for the purposes of such special Act, all expenses incurred by the Board of Trade in relation to such application and the proceedings consequent thereon shall, to such amount as the Board of Trade may certify by their order to be due, be defrayed by the parties to such application, and (subject to any provision contained in the said special Act) shall be defrayed by such of the parties as the Board of Trade may by order direct, or if so directed by an order of the Board of Trade shall be paid as costs of the arbitration or reference.

The Board of Trade may, if they think fit, on or at any time after the making of the application, by order require the parties to the application, or any of them, to pay to the Board of Trade such sum as the Board of Trade think requisite for or on account of those expenses, or to give security to the satisfaction of the Board of Trade for the payment of those expenses on

demand, and if such payment or security is not made or given may refuse to act in pursuance of the application.

All expenses directed by an order of the Board of Trade or an award in pursuance of this section to be paid may be recovered in any court of competent jurisdiction as a debt, and if payable to the Board of Trade, as a debt to the Crown, and an order of the Board of Trade shall be conclusive evidence of the amount of such expenses.

IV. Meaning of "special Act."-In this part of this Act the term "special Act" means a local or local and personal Act, or an Act of a local and personal nature, and includes a provisional order of the Board of Trade confirmed by Act of Parliament and a certificate granted by the Board of Trade under The Railways Construction Facilities Act, 1864.

Order of Board of Trade may be in writing.-An order of the Board of Trade for the purposes of this part of this Act, or of any such special Act as is referred to in this part of this Act, may be made by writing under the hand of the President or of one of the secretaries of the Board.

V. Repeal of 35 & 36 Vict. c. 18.1

1 Repealed by Stat. Law Rev. Act, 1883, 45 & 46 Vict. c. 39.

PART II.

REFERENCE TO RAILWAY COMMISSIONERS.

VI. Power of Board of Trade to appoint Railway Commissioners to be arbitrators or umpire.-Where any difference to which a railway company or canal company is a party is required or authorised under the provisions of any general or special Act passed either before or after the passing of this Act, to be referred to the arbitration of or to be determined or settled by the Board of Trade, or some person or persons appointed by the Board of Trade, the Board of Trade may, if they think fit, by order in writing under the hand of the President or one of the Secretaries of the Board, refer the matter for the decision of the Railway Commissioners, and appoint them arbitrators or umpire, as the case may be, and thereupon the commissioners for the time being shall have the same powers as if the matter had been referred to their decision in pursuance of The Regulation of Railways Act, 1873, and also any further powers which the Board of Trade, or an arbitrator or arbitrators, or umpire, appointed by the Board of Trade, would have had for the purpose of the arbitration, if the difference had not been referred to the commissioners: provided always, that this section shall not apply to any case in which application is made to the Board of Trade for the appointment of an umpire under the twenty-eighth section of The Lands Clauses Consolidation Act, 1845.1

1 For note of cases dealt with by the Railway Commissioners under this section, see Law of Rlys. p. 612.

VII. Declaration as to powers of commissioners in arbitrations.—Where any difference is referred for the decision of the commissioners in pursuance of The Regulation of Railways Act, 1873, as amended by this part of this Act, the commissioners shall have the same power by their decision of rescinding, varying, or adding to any award or other decision previously made by any arbitrator or arbitrators (including therein the Board of Trade) with reference

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1874.

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