54 VICT.

Cap. 12.

Order made under section twenty-four of The Railway and Canal Traffic Act, 1888, and to provide, or contribute towards providing, the expenses of the appearance or opposition of a petitioner out of the funds or rates under their respective control, as if the Bill for confirming such Provisional Order were a local or personal Bill within the meaning of section two of The Borough Funds Act, or of section three of The Borough Funds (Ireland) Act, 1888; and the provisions of the said last-mentioned Acts, respectively, shall apply to any such appearance or opposition, and to any expenses incurred or to be incurred in relation thereto provided that in the case of a county council no consent of owners and ratepayers shall be required.

II. Short title.-This Act may be cited as "The Railway and Canal Traffic (Provisional Orders) Amendment Act, 1891."

55 & 56 VICT. Cap. 27.

THE PARLIAMENTARY DEPOSITS AND BONDS ACT, 1892.55 & 56 VICT. CAP. 27.

CANCELLATION OF

AN ACT TO AUTHORISE THE RELEASE OF CERTAIN DEPOSITS, AND THE
CERTAIN BONDS, MADE OR GIVEN ΤΟ SECURE THE
PERFORMANCE OF UNDERTAKINGS AUTHORISED BY PARLIAMENT.-[27th
June 1892.]

Preamble. 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:

I. Power to release deposits. —(1) Where in pursuance of any general or special Act of Parliament, or of any rules made thereunder, moneys or securities have been deposited with, or are standing in the name of, the Paymaster-General to secure the completion by any company of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf, the High Court may, notwithstanding anything in any such general or special Act or rules, order that the moneys or securities (in this Act called the deposit fund), or any part thereof, be applied towards compensating any landowners or other persons whose property has been interfered with or otherwise rendered less valuable by the commencement, construction, or abandonment of the undertaking, or any portion thereof, or who have been subjected to injury or loss in consequence of any compulsory powers of taking property given in connection with the undertaking, and have received no compensation or inadequate compensation for such injury or loss; and also, in the case of a tramway company, towards compensating the road authorities for the expenses incurred by them in taking up any tramway or materials connected therewith placed by the tramway company in or on any road vested in or maintainable by the road authorities, and in making good all damage caused to such roads by the construction or abandonment of the tramway.

(2) Subject to payment of any such compensation, and notwithstanding

any provision as to forfeiture to the Crown, the High Court may, if a receiver has been appointed, or the company is insolvent and has been ordered to be wound up, or the undertaking has been abandoned, order that the deposit fund or any part thereof be paid or transferred to the receiver or to the liquidator of the company, or be applied as part of the assets of the company for the benefit of the creditors thereof.

(3) Subject to such application as aforesaid the High Court may, after such public notice as to the Court seems reasonable, order that the deposit fund or any part thereof be paid or transferred to the depositors or the persons claiming through or under them.

(4) If any money or securities deposited with or standing in the name of the Paymaster-General for the purposes of this section on or before the thirty-first of March one thousand eight hundred and ninety are not claimed by or on behalf of the depositors thereof within ten years after the passing of this Act, the Treasury may pay or transfer the same to the National Debt Commissioners to be applied by them towards the reduction of the National Debt.

(5) This section shall apply to any person or body of persons authorised by Parliament or by any such certificate as aforesaid to carry out an undertaking as if he or they were a company.1

1 See e. p. Chambers, L.R. (1893), 1 Ch. 47; in re Colchester Tramways Co. L.R. (1893), 1 Ch. 309; in re Manchester, Middleton and District Tramways Co., L. R. (1893), 2 Ch. 638; e. p. Bradford and District Tramways Co., L. R. (1893), 3 Ch. 463.

II. Power to cancel bonds.-Where in pursuance of any general or special Act of Parliament any bond has been given to secure the completion of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf, the money thereby secured shall be applicable to the same purposes as the deposit fund hereinbefore mentioned, and the Treasury may, if they think fit, cancel the bond on proof to their satisfaction that the money thereby secured has been applied or is not required for those purposes.

(3) Application to Scotland. In the application of this Act to Scotland— The expression "Paymaster-General" shall mean the Queen's and LordTreasurer's Remembrancer:

The expression "High Court" shall mean the Court of Session in either division thereof.

IV. Application to Ireland.—In the application of this Act to Ireland— The expression "Paymaster-General" shall mean the Accountant-General of the Supreme Court:

The expression "tramway" shall include railway.

V. Short title.-This Act may be cited as "the Parliamentary Deposits and Bonds Act, 1892.”

1892.

55 & 56 VICT. Cap. 44.

THE RAILWAY AND CANAL TRAFFIC ACT, 1892.-55 & 56
VICT. CAP. 44.

AN ACT TO AMEND THE RAILWAY AND CANAL TRAFFIC ACT, 1888.— [27th June 1892.]

Preamble. Whereas by section twenty-four of The Railway and Canal Traffic Act, 1888, it is provided that after the commencement of the session of Parliament next after that in which the report of the Board of Trade, with respect to a classification of traffic and schedule of rates and charges has been submitted to Parliament, the Board of Trade may embody in a Provisional Order such classification and schedule as in the opinion of the Board of Trade ought to be adopted, and procure a Bill to be introduced to confirm the Order, and it is expedient to amend this provision:

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. Time for application for Provisional Order.-A Provisional Order in pursuance of sub-section seven of section twenty-four of The Railway and Canal Traffic Act, 1888, may be made, and a Bill to confirm the same may be introduced, at any time after hearing the parties as provided in sub-section four of the said section.

II. Short title.-This Act may be cited as
Act, 1892."

The Railway and Canal Traffic

55 & 56 VICT Cap. lxiii.

THE RAILWAY RATES AND CHARGES, No. 25 (NORTH BRITISH RAILWAY, ETC.), ORDER CONFIRMATION ACT, 1892.-55 & 56 VICT. CAP. LXIII.

AN ACT TO CONFIRM A PROVISIONAL ORDER MADE BY THE BOARD OF TRADE
UNDER THE RAILWAY AND CANAL TRAFFIC ACT, 1888, CONTAINING THE
CLASSIFICATION OF MERCHANDISE TRAFFIC, AND THE SCHEDULE OF
MAXIMUM RATES AND CHARGES APPLICABLE THERETO, OF THE NORTH
BRITISH RAILWAY COMPANY, AND CERTAIN OTHER RAILWAY COMPANIES.
-[20th June 1892.]

Preamble. Whereas under The Railway and Canal Traffic Act, 1888, the Board of Trade embodied in a Provisional Order the classification of merchandise traffic and schedule of maximum rates and charges, including all terminal charges which, in the opinion of the Board of Trade, ought to be adopted by the North British Railway Company, and the Railway Companies connected therewith which are specified in the schedule to the said Provisional Order: 1

1 The other Scottish Confirmation Acts (in similar terms) are the Caledonian (c. lvii.), Callander and Oban (c. lviii.), City of Glasgow Union (c. lix.), Glasgow and South Western (c. lx.), Great North of Scotland (c. lxi.), and Highland (c. lxii.)

And whereas it is expedient that the Provisional Order, as set out in the schedule to this Act annexed, be confirmed by Act of Parliament :

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. Short title. This Act may be cited as "The Railway Rates and Charges, No. 25 (North British Railway, etc.), Order Confirmation Act, 1892."

II. Confirmation of Order in Schedule. The Order, as set out in the schedule to this Act annexed, shall be and the same is hereby confirmed, and all the provisions of the said Order in manner and form as they are set out in the said schedule shall, from and after the passing of this Act, have full validity and effect.

SCHEDULE.

Order of the Board of Trade under the Railway and Canal Traffic Act, 1888, embodying the Classification of Merchandise Traffic and the Schedule of Maximum Rates and Charges, including all Terminal Charges applicable to the said Classification of the North British Railway Company, and certain other Railway Companies connected therewith.

I. Short title.-This Order may be cited as "The Railway Rates and Charges, No. 25 (North British Railway, etc.), Order, 1892."

II. Commencement. This Order shall come into force and have effect on the first day of January one thousand eight hundred and ninety-three, or such later date as the Board of Trade may by order direct, which date is in this Order referred to as the commencement of this Order.

III. Interpretation. This Order is to be read and construed subject in all respects to the provisions of The Railway and Canal Traffic Acts, 1873 and 1888, and of any other Acts or parts of Acts incorporated therewith.

IV. Schedule of maximum rates and charges.—From and after the commencement of this Order the maximum rates and charges which the North British Railway Company, and the railway companies connected therewith specified in the appendix to the schedule to this Order in respect of railways specified in the said appendix, shall be entitled to charge and make in respect of merchandise traffic on the railways of the said companies, shall be the rates and charges specified in the schedule to this Order annexed, and shall be subject to the classification, regulations, and provisions set forth in the said schedule.

SCHEDULE OF MAXIMUM RATES AND CHARGES, AND CLASSIFICATION OF MERCHANDISE
TRAFFIC APPLICABLE TO THE NORTH BRITISH RAILWAY COMPANY, AND CERTAIN
OTHER RAILWAY COMPANIES CONNECTED THEREWITH.

1892.

I. MAXIMUM RATES AND CHARGES.

1. This schedule of maximum rates and charges shall be divided into six parts: Part I., containing the maximum rates and charges authorised in respect of the merchandise comprised in the several classes of merchandise specified in the classification; Part II. and Part III., containing the maximum rates and charges authorised in respect of animals and carriages as therein mentioned; Part IV., specifying the exceptional charges mentioned in such part, and the circumstances in which they may be made; Part V., containing the rates and charges authorised in respect of perishable merchandise by passenger train, with the provisions and regulations which are to apply to such class of merchandise; and Part VI., containing the rates and charges authorised in respect of small parcels by merchandise train, with the provisions and regulations which are to apply to such parcels.

2. The maximum rate for conveyance is the maximum rate which the company may charge for the conveyance of merchandise by merchandise train, and includes the provision of locomotive power and trucks by the company, and every other expense incidental to such conveyance not otherwise herein provided for. Provided that where, for the conveyance of any merchandise, the company do not provide trucks, the rate authorised for conveyance shall be reduced by a sum which shall, in case of difference between the company and the person liable to pay the charge, be determined by an arbitrator appointed by the Board of Trade.1

1 See N.B.R. v. N.B. Grain Storage Co. (1897), 24 R. 687.

3. The maximum station terminal is the maximum charge which the company may make to a trader for the use of the accommodation (exclusive of coal drops) provided and

55 & 56 VICT. for the duties undertaken by the company for which no other provision is made in this Cap. lxiii. schedule, at the terminal station for or in dealing with merchandise, as carriers thereof, before or after conveyance.

4. The maximum service terminals are the maximum charges which the company may make to a trader for the following services, when rendered to or for a trader, that is to say, loading, unloading, covering, and uncovering merchandise, which charges shall, in respect of each service, be deemed to include all charges for the provision by the company of labour, machinery, plant, stores, and sheets. Provided that

Where merchandise conveyed in a separate truck is loaded or unloaded elsewhere than in a shed or building of the company, the company may not charge to a trader any service terminal for the performance by the company of any of the said services if the trader has requested the company to allow him to perform the service for himself and the company have unreasonably refused to allow him to do so. Any dispute between a trader and the company in reference to any service terminal charged to a trader who is not allowed by the company to perform for himself the service shall be determined by the Board of Trade.

5. The company may charge for the services hereunder mentioned, or any of them, when rendered to a trader at his request or for his convenience, a reasonable sum, by way of addition to the tonnage rate. Any difference arising under this section shall be determined by an arbitrator to be appointed by the Board of Trade at the instance of either party. Provided that where before any service is rendered to a trader he has given notice in writing to the company that he does not require it, the service shall not be deemed to have been rendered at the trader's request or for his convenience.

(1) Services rendered by the company at or in connection with sidings not belonging to the company.

The collection or delivery of merchandise outside the terminal station. (3) Weighing merchandise.

2

(4) The detention of trucks, or the use or occupation of any accommodation, before or after conveyance, beyond such period as shall be reasonably necessary for enabling the company to deal with the merchandise as carriers thereof, or the consignor or consignee to give or take delivery thereof; or, in cases in which the merchandise is consigned to an address other than the terminal station, beyond a reasonable period from the time when notice has been delivered at such address that the merchandise has arrived at the terminal station for delivery. And services rendered in connection with such use and occupation.

1 As to "use or occupation of accommodation after conveyance," see M. R. v. Sills (1896), 9 R. & C. T. Ca. 161.

2 Manchester and Northern Co. Federation of Coal Traders Associations v. L. and Y. R.C. (1897), 76 L.T. 786.

(5) Loading or unloading, covering or uncovering merchandise comprised in Class A or Class B of the classification.

(6) The use of coal drops.

(7) The provision by the company of accommodation at a waterside wharf, and special services rendered thereat by the company in respect of loading or unloading merchandise into or out of vessels or barges where no special charge is prescribed by any Act of Parliament. Provided that charges under this sub-section shall for the purposes of sub-section (3) of section 33 of The Railway and Canal Traffic Act, 1888, be deemed to be dock charges.

6. Where merchandise is conveyed in trucks not belonging to the company, the trader shall be entitled to recover from the company a reasonable sum by way of demurrage for any detention of his trucks beyond a reasonable period, either by the company or by any other company over whose railway the trucks have been conveyed under a through rate or contract. Any difference arising under this section shall be determined by an arbitrator to be appointed by the Board of Trade at the instance of either party.

7. Nothing herein contained shall prevent the company from making and receiving, in addition to the charges specified in this schedule, charges and payments, by way of rent or otherwise, for sidings or other structural accommodation provided or to be provided for the private use of traders, and not required by the company for dealing with the traffic for the purposes of conveyance, provided that the amount of such charges or payments is fixed by an agreement, in writing, signed by the trader, or by some person duly authorised on his behalf, or determined in case of difference by an arbitrator to be appointed by the Board of Trade.

8. In respect of merchandise received from or delivered to another railway company having a railway of a different gauge, the company may make a reasonable charge for any service of transhipment performed by them, the amount of such charge to be determined in case of difference by an arbitrator to be appointed by the Board of Trade.