Observations Upon the Working of "The Regulation of Railways Act, 1873," and of the Court of the Railway CommissionersChas. Sever, 1878 - 48 pages |
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Observations Upon the Working of "the Regulation of Railways Act, 1873," and ... No preview available - 2017 |
Common terms and phrases
Acts of Parliament allowed amount applicant's appointed assessors Board of Trade Canal Company Canal Traffic Act Carter cause or matter clause Commis Committee of 1872 Common Pleas Company to accept compel any Company competing route complaint confiscation constitution costs Court of Appeal Court of Common Court of Justice court of law decide decision direct remedy discretion Divisional Court due and reasonable Eastern Railway Company extent forwarding Company grant hereafter High Court House of Lords instance interest Joint Committee judges judgment Judicature Act jurisdiction limited Lord Penzance maximum rate mileage rates panies Parliament point of law power to charge primâ facie proceedings proposed pulsory through rates question of law Railway and Canal RAILWAY COMMISSIONERS railway proprietors RAILWAYS ACT reasonable facilities regard REGULATION OF RAILWAYS respect revise and reduce right of appeal rule similar traffic sioners Special Act strong Court sub-section suggestion tion tribunal unreasonable charges violation word
Popular passages
Page 10 - Such further evidence may be given without special leave upon interlocutory applications, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought. Upon appeals from a judgment after trial or hearing of any cause or matter upon the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and. not without special leave of the Court.
Page 10 - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.
Page 16 - Parliament within Thirty Days after the making thereof, if Parliament is then sitting, and, if not, then within Thirty Days after the next Meeting of Parliament.
Page 6 - ... such commissioner by will or. succession, for his own benefit, he shall, within three calendar months after the same shall so come to or vest in him, absolutely sell and dispose of the same or his interest therein.
Page 10 - ... notwithstanding that the notice of appeal may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision. The Court of Appeal shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.
Page 10 - The Court of Appeal shall have all the powers and duties as to amendment and otherwise of the High Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner. Such further evidence may be given without special leave upon interlocutory...
Page 41 - Appeal, may in any cause or matter in which it " may think it expedient so to do, call in the aid of " one or more assessors specially qualified, and try " and hear such cause or matter wholly or partially " with the assistance of such assessors.
Page 36 - Every railway company, canal company, and railway and canal company, shall, according to their respective powers, afford all reasonable facilities for the receiving and forwarding, and delivering of traffic...
Page 22 - It shall not be lawful for the Commissioners in any case to compel any company to accept lower mileage rates than the mileage rates which such company may for the time being legally be charging for like traffic carried by a like mode of transit on any other line of communication between the same points, being the points of departure and arrival of the through route...
Page 33 - Commissioners by a municipal or other public corporation, local or harbour board, without proof that the complainants are aggrieved by the contravention: Provided that a complaint shall not be entertained by the Commissioners in pursuance of this section unless such complaint is accompanied by a certificate of the Board of Trade to the effect that in their opinion the case in respect of which the complaint is made is a proper one to be submitted for adjudication to the Commissioners by such municipal...