THE
RAILWAY RATES
AND THE
CARRIAGE OF MERCHANDISE BY RAILWAY:
INCLUDING THE
PROVISIONAL ORDERS OF THE BOARD OF TRADE,
AS SANCTIONED BY PARLIAMENT,
CONTAINING THE
Classification of Traffic and Schedule of Maximum Rates
and Charges applicable to the Railways of
Great Britain and Ireland.
BY
H. E. DARLINGTON, M.A., LL.M.,
OF LINCOLN'S INN, BAEEISTEE-AT-LAW.
LONDON:
STEVENS AND SONS, LIMITED,
119 & 120, CHANCEEY LANE,
gato f wblis^rs anir
1893.
LONDON :
PRINTED BY C. P. ROWOETH, GREAT NEW STREET, FETTER LANE, K.C.
tiu
PKEFACE.
IN compiling this book the object of the Author
hns been to set forth in a convenient and acces-
sible form the Law relating to the Carriage of
Goods by Railway.
With this view the book has been divided into
Two Parts. The First Part deals with the statu-
tory enactments and decided cases relating to the
carriage of goods, while the Second Part comprises
the Provisional Orders of the Board of Trade as
to Railway Rates and Charges on the Railways
of Great Britain and Ireland as they have been
confirmed by the various Acts of Parliament of
the years 1891 and 1892.
The chapters on the general Law relating to
the Carriage of Goods have been kept as concise
as possible, and although it is hoped that the
main points of principle have been fairly covered,
an exhaustive treatise has not been intended.
The last chapter in the First Part of the book
deals with Arbitrations under the Board of Trade
Arbitrations Act, 1874, and the Arbitration Act,
1889. This has been introduced in consequence
of the number of compulsory references to arbi-
tration provided for by the general conditions of
the Provisional Orders.
In the Second Part, which deals with the Pro-
visional Orders, the plan adopted has been to
a 2
221409
IV
PREFACE.
consider, first, those provisions which are common
to all the companies, and afterwards those which
are special to particular schedules or companies.
The number of Railways dealt with in these
Provisional Orders is considerable, the mere
enumeration of them occupying some seventeen
pMires of this book, and in the case of the smaller
Railways it may sometimes be difficult to ascer-
tain by what schedule a particular Railway is
governed. It is hoped, however, that in such
cases the Index of these Railways may be of
service ; and that the Table of Contents and
Index, together with the cross-references intro-
duced into the text, may allow easy reference
from one part of the book to another.
In order to afford a ready comparison of the
maximum powers of the different companies, a
synopsis of the Maximum Rates contained in the
Provisional Orders has been prepared, and will
be found in the Appendix ; as also will Tables of
all the more important Maximum Rates worked
out for distances up to 200 miles. While in
another Table the mileage and other allowances
of the different Companies are collected.
In the body <>f the text the reference given to
cases cited is that of the author i/ed reports. In
the Index of Cases, however, the references to
contemporary reports also are collected.
H. R. D.
10, NEW COUBT, CABBY STBEET,
December, 1892.
TABLE OF CONTENTS.
PAGE
PREFACE
TABLE or CASES
TABLE OF STATUTES
INTRODUCTION.
THE RAILWAY RATES PROVISIONAL ORDERS , ....... ... 1
Part the First.
THE LAW RELATING TO THE CARRIAGE OF
MERCHANDISE BY RAILWAY.
CHAP. I. THE RAILWAY AND CANAL COMMISSION 6
II. THE BOARD OF TRADE 12
III. DUE AND REASONABLE FACILITIES 15
IV. THE EQUALITY CLAUSE AND UNDUE PREFERENCE 32
V. THROUGH RATES AND THROUGH ROUTES 63
VI. RATES AND CHARGES AND THE DIVISION OF RATES 79
VII. A RAILWAY COMPANY'S LIEN FOB UNPAID RATES AND
TOLLS 97
VIII. RAILWAY COMPANIES AND THEIR LIABILITY AS COMMON
CARRIERS 101
IX. THE CARRIERS ACT AND THE LIMITATION OF THE LIABILITY
OF CARRIERS PROVIDED THEREBY 118
X. SPECIAL CONTRACTS AND SECTION 7 OF THE RAILWAY AND
CANAL TRAFFIC ACT, 1854 132
XI. EXPLOSIVES AND DANGEROUS GOODS 145
XII. ARBITRATIONS UNDER THE BOARD OF TRADE ARBITRATIONS
ACT, 1874, AND THE ARBITRATION ACT, 1889 147
Part the Second.
PROVISIONAL ORDERS OF THE BOARD OF TRADE AS
SANCTIONED BY PARLIAMENT, CONTAINING THE
CLASSIFICATION OF TRAFFIC AND SCHEDULE OF
MAXIMUM RATES AND CHARGES APPLICABLE
THERETO. PAGE
THE CoxFiEiUNO ACT 179
OEDEE OF THE BOAED OF TEADE 181
ENGLISH AND WELSH RAILWAYS.
GENERAL CONDITIONS 182
Maximum Rates and Charges.
PAET I. Goods and Minerals. [See SPECIAL PEOVISIOXS.]
II. Animal Class 208
III. Carriages 209
IV. Exceptional Class 210
V. Perishable Merchandise by Passenger Train 211
VI. Small Parcels by Merchandise Train 214
SPECIAL PROVISIONS.
Including Maximum Rates and Charges for Goods and Minerals.
Abbotsbury Railway 217
Brecon and Merthyr Tydfil Railway -J-J3
< ibrian Railway 227
Cleator and \Vm kinirton Junction Railway , 229
:..n |{:iil\vsiy 233
liuLT Railway 238
FurnesH Raihv;iy 242
Great Ka-t, m Kaihvay 246
North. TII Railway 249
' 254
Hull, I?arn>lry aii-1 Wot Riding Junction Railway 262
Isl.-nf Wi-rlit Railway 263
Lancashire and Yi.rkiOiirr Railway
London and North \\". item Railway 267
Loudon uud South \\ < item Railway 277
TABLE OF CONTENTS. Vll
PAGE
London, Brighton and South Coast Railway 281
London, Chatham and Dover Railway 285
London, Tilbury :md Southend Railway 290
Manchester, Sheffield and Lincolnshire Railway 292
Metropolitan Railway 296
Midland Railway 301
Midland and South Western Junction Railway 304
North Eastern Railway 306
North London Railway 314
North Staffordshire Railway 315
South Eastern Railway 318
Taff Vale Railway 322
IEISH EAILWAYS . . 327
SCOTCH EAILWAYS 335
GENERAL CONDITIONS , 336
MAxrauM RATES AND CHARGES 344
SPECIAL PROVISIONS
Caledonian Railway 346
Callander and Oban Railway 351
City of Glasgow Union Railway 352
Glasgow and South Western Railway 353
Great North of Scotland Railway 355
Highland Railway , 357
North British Railway 359
CLASSIFICATION OF MERCHANDISE TRAFFIC 365
ALPHABETICAL CLASSIFICATION OF MERCHANDISE
TRAFFIC . 404
V1U
TABLE OF CONTENTS.
APPENDICES.
APPENDIX A. PAGE
ORDER OF BOARD OF TRADE AS TO NOTICE OF INTENTION TO INCREASE
RATES ,
451
APPENDIX B.
SYNOPSIS OF MAXIMUM RATES
English and Welsh Railways 453
Irish Railways 458
Scotch Railways 459
TABLE OF EXTRA CHARGES OR ALLOWANCES
English and Welsh Railways 461
Irish Railways i63
Scotch Railways 464
APPENDIX C.
CERTAIN PROVISIONS OF PRIVATE ACTS OF SCOTCH RAILWAYS EXPRESSLY
465
APPENDIX D.
SOME OF THE MOBE IMPORTANT CONVEYANCE RATES WORKED OUT FOR
DISTANCES UP TO 200 MILES . 471
INDEX OF EAILWAYS.
ALPHABETICAL LIST OF RAILWAYS WITH REFERENCE TO THE SCHEDULE
BY WHICH EACH IS GOVERNED
English and Welsh Railways 629
Irish Railways , 544
Scotch Railways 645
GENERAL INDEX.. .547
TABLE OF CASES.
PLAINTIFFS.
PAGE
Aberdeen Commercial Co. v. Gt. North of Scotland Ry. Co., 3 N. &
Mac. 205 ; 6 Court Sess. Gas. 4th Ser. 67 21, 28, 60, 81, 192
Aldridge v. G. W. Ry. Co., 15 C. B. N. S. 582 ; 33 L. J. C. P. 161 . . 105,
107, 142
Allday v. G. W. Ry. Co., 5 B. & S. 903 ; 34 L. J. Q. B. 5 ; 11 L. J.
267 ; 13 W. R. 43 140
Anderson v. Bank of British Columbia, 2 Ch. D. 644 ; 45 L. J. Ch.
449 ; 35 L. J. 76 ; 24 W. R. 724 162
(or Henderson) v. L. & N. W. Ry. Co., L. R. 5 Ex. 90 ; 39
L. J. Ex. 55 ; 21 L. T. 756 ; 18 W. R. 352 122
Vm Wallace, 3 Cl. & F. 26 173
Angus v. Smithers, 2 F. & F. 381 160
Anning v. Hartley, 27 L. J. Ex. 145 165
Anon., 3 Atk. 644 174
2 Chit. 44 164
Arbuckle v. Price, 4 Dowl. P. C. 174 162
Armstrong v. Marshall, 4 Dowl. P. C. 593 ; 1 H. & W. 643 164
Ashendon v. L. B. & S. C. Ry. Co., 5 Ex. D. 190 ; 42 L. J. 586 ; 28
W. R. 511 135, 139, 140
Atkinson v. Abraham, 1 B. & P 165
Attorney -General v. Birmingham & Derby Jn. Ry. Co., 2 Railway
Cas. 124 34
v. Davison, Model. & Y. 160 164
Ayr Harbour Trustees v. Glasgow & S. W. Ry. Co., 4 B. & Mac. 81 . . 11,
23, 62, 69, 77
Ayrshire and Wigtonshire Ry. Co. v. Glasgow & S. W. Ry. Co., 14
Rep. Ry. Commrs. 29 62
Bailey v. L. C. & D. Ry. Co., 2 N. & Mac. 99 91
Baker v. Hunter, 16 M. & W. 672 170
v. Yorkshire Fire & Life Assurance Co., 1892, 1 Q. B. 144 . . 158
Baldwin v. L. C. & D. Ry. Co., 9 Q. B. D. 582 110
Barbour v. S. E. Ry. Co., 34 L. T. 67 104
Barret v. G. N. Ry. Co., 1 N. & Mac. 38 ; 1 C. B. N. S. 423 ; 26
L. J. C. P. 83 20, 22
CASES.
PAGE
Barrow, Ex parte, In re Worsdell, 6 Ch. D. 783 ; 46 L. J. B. 71 ; 36
L. T W. R. 466 108
Barton v. Kni-lit, 2 V< rn. :>14 172
Batson v. Donovan, 4 B. & A. 21 118
Baxendale v. Bristol \ Exeter Ry. Co., 1 N. & Mac. 229 ; 11 C. B.
N. S. TST 61
r. S. E. Ry. Co., L. R. 4 Q. B. 244 ; 38 L J. Q. B. 137 ;
17 W. R. 412 126, 142
r. G. W. Ry. Co (Reading Case), 1 N. & Mac. 202 ; 5
C. B. N. S. 336 42, 48, 60
- v. G. W. Ry. Co., 14 C. B. N. S. 1 61
- 9. G. W. Ry. Co., 1 N. & Mac. 213 ; 3 C. B. N. S. 356. . 49
v. L. & S. W. Ry. Co., 1 N. & Mac. 231 ; 12 C. B. N. S.
758 50
v. L. & S. W. Ry. Co., L. R. 1 Ex. 137 ; 4 H. & C. 130 ;
35 L. J. Ex. 108 ; 14 L. T. 26 ; 14 W. R. 458 .... 20, 42
v. L. C. & D. Ry. Co., L. R. 10 Ex. 35 ; 44 L. J. Ex. 20 ;
32 L. T. 330 ; 23 W. R. 167 115
. North Devon Ry. Co., 1 N. & Mac. 180 ; 3 C. B. N. S.
324 43, 49, 60
Baylis v. Lintott, L. R. 8 C. P. 345 ; 42 L. J. C. P. 119 ; 28 L. T.
666 117
Beadell v. Eastern Counties Ry. Co., 1 N. & Mac. 56 ; 2 C. B. N. S.
509 ; 26 L. J. C. P. 250 22, 56
Beal r. S Devon Ry. Co., 5 H. & N. 875 ; 3 H. C. 337 ; 11 L. T.
184 ; 12 W. R. 1115 136, 139, 144
Beddow v. Beddow, 9 Ch. D. 89 ; 47 L. J. Ch. 588 ; 26W.R. 570. . 172
on Bivwi-ry Co. v. Mid. Ry. Co., 5 B. & Mac. 53 25, 59
Behrens v. G. N. Ry. Co., 7 H. & N. 950 ; 31 L. J. Ex. 299 ; 8 L. T.
: 9 W. R. 338 123
Belfast Cent. Ry. Co. v. G. N. Ry. Co. (No. 3), 4 B. & Mac. 159. .71, 72
- (No. 4), 4 B. & Mac. 379 77
Bell v. Mid Ry. Co., 3 De G. & J. 673 27
2 N. & Mac. 185 48, 69
B.-ll- (,'o. v. N. B. Ry. Co., 2 N. & Mac. 105 45
ct v. M. S. & L. Ry. Co., 1 N. & Mac. 288 ; 6 C. B. N. S. 707 . . 42
Bernstein v. Baxendale, 6 C. B. N. S. 251 ; 28 L. J. C. P. 265 ; 7
\V. ! 121, 122, 123
Berry r. L. C. & D. Ry. Co., 4 B. & Mac. 310 92
il v. Clark, 19 Q. B. D. 553 ; 20 Q. B. Div. 615 ; 57 L. J. Q. B.
L. T. 808 ; 86 W. B. 611 108,109
B Ch. D. 29 ; 64 L. J. Ch. 798 ; 62 L. T. 455 ;
162
r. North Stiitlorilshire Ry. Co., 4 Q. B. D. 412 ; 48 L. J.
Q. B. IMS; 10 L. J. sol ; -J7 W. K, 540 170
Bignall v. Gale, 2 M. & G. 830 ; 9 P. D. & C. 631 165
hgrove Steel Co. v. Mid. Ry. Co., 6 B. & Mac. 229 91
i i,'. 864 172
Blankensee r. L. \ X. \\'. Ry. Co., 46 L. T. 761 128
PLAINTIFFS. XI
FADE
Blower v. G. W. Ry. Co., L. R. 7 C. P. 655 ; 41 L. J. C. P. 268 ;
27 L. T. 883 ; 20 W. R. 776 102, 103
Bollands v. M. S. & L. Ry. Co., 15 Ir. C. L. 560 Ill
Bolton v. Lane. & York. Ry. Co., L. R. 1 C. P. 431 ; 35 L. J. C. P.
137 ; 13 L. T. 7(i l ; 14 W. B. 430 108
Bourne v. Gatcliffe, 11 Cl. & F. 45 ; 7 M. & G. ; 8 Scott N. R. 604. . 102
Boyce v. Chapman, 2 Bing-. N. C. 222 ; 2 Scott. 365 129
Boys v. Pink, 8 C. & P. 361 121
Bradbury v. Sutton, 21 W. R. 128 ; 19 W. R. 800 123
Brandt & Boutcher, In re, 1 Times L. R. 140 171
British Empire Shipping- Co. v. Somes, E. B. & E. 353 ; 8 H. L. Cas.
338 ; 28 L. J. Q. B. 220 ; 30 ib. 229 ; 8 W. R. 707 98
Brook, In re ; Brook, Delcomyn & Bradart, In re, 15 C. B. N. S. 403 ;
33 L. J. C. P. 246 ; 10 L. J. 378 164
Broughton & Plas Power Coal Co. v. G. W. Ry. Co., 4 B. & Mac.
191 46, 58
Brown's Case, see Brown v. G. W. Ry. Co.
Brown v. G. "W". Ry. Co., 3 N. & Mac. 523 ; 7 Q. B. Div. 182 ; 9 Q.
B. Div. 744 29, 31, 83, 84
Brunt v. Mid. Ry. Co., 2 H. & C. 889 ; 33 L. J. Ex. 187 ; 9 L. T.
690 122, 125
Buccleuch (Duke of) v. Met. Board of Works, L. R. 5 H. L. 418 ; 41
L. J. Ex. 137 ; 27 L. T. 1 174
Buckfastleigh Ry. Co. v. South Devon Ry. Co., 1 N. & Mac. 321 .. 76
Budd v. L. & N. W. Ry. Co., 36 L. T. N. S. 802 ; 25 W. R. 752 . . 58
Bunch v. G. W. Ry. Co., 13 App. Cas. 31 ; 57 L. J. Q. B. 361 ; 58
L. T. 128 ; 36 W. R. 785 135
Bushell, In re, Ex partc G. W. Ry. Co., 22 Ch. Div. 470 ; 52 L. J.
Ch. 734 ; 48 L. T. 196 ; 31 W. R. 419 100
Butt v. Gt. W. Ry. Co., 11 C. B. N. S. 140 ; 20 L. J. C. P. 241 . . 122
Cserleon Tinplate Co. v. Hughes, 60 L. J. Q. B. 640 ; 7 Times L. R.
619 158
Cairns v. N. E. Ry. Co., 4 B. & Mac. 221 85
Caledonian Ry. Co. v. Guild, 1 Ct. Sess. Cas. 4th Ses. 198 97
v. Greenock & Wemyss Bay Ry. Co., 4 B. &
Mac.-70 77
v. Greenock & Wemyss Bay Ry. Co., 4 B. &
Mac. 135 78
v. Lockhart, 3 Macqueen, 808 173
v. N. Brit. Ry. Co., 3 N. & Mac. 403 73
Candy v. Mid. Ry. Co., 38 L. T. 226 116
Carr v. L. & N. W. Ry. Co.. L. R. 10 C. P. 307 ; 44 L. J. C. P. 109
31 L. T. 785; 23 W. R. 747 Ill
v. Lane. & York. Ry. Co., 7 Exch. 707 ; 21 L. J. Ex. 261 ; 7
Railw. Cas. 426 132, 134
Carlisle, In re, 44 Ch. D. 200 ; 59 L. J. Ch. 520 ; 62 L. T. 821 ; 38
W. R. 368 157
Xll
TABLE OF CASES.
PAGE
Cassell, In re, 9 B. & C. 624 ; 4 M. & K. 555 153
Caterham Ry. Co. v. L. B. & S. W. Ry. Co., 1 B. & Mac. 32 ; 1C.
B. N. S. 410 ; 26 L. J. C. P. 16 19
Cayley v. Sandycroft, 33 W. R. 577 162
Central Wales & Carmarthen Jn. Ry. Co. v. G. W. Ry. Co. (No. 1),
2N. &Mac. 191 68
v. (No. 2), 4 B. & Mac. 110 ; 10 Q. B. D.
231 68, 74
- v. L. & N. W. Ry. Co., 4 B. & Mac. 101 .... 68, 74, 76, 82
v. L. & N. W. Ry. Co. and G. W. Ry. Co., 4 B. &
Mac. 211 73
Chapman v. G. W. Ry. Co., 5 Q. B. D. 278 ; 49 L. J. Q. B. 420 ;
42 L. T. 252 ; 28 W. R. 566 112
ChappeU v. North, 1891, 2 Q. B. 252 ; 60 L. T. Q. B. 554 ; 65 L. T.
23 ; 7 Times' L. R. 563 159
Chatterley Iron Co. v. N. Stafford Ry. Co., 3 N. & Mac. 328 87
Chicot v. Lequesne, 2 Ves. 315 172
Chinery v. Viall, 5 H. & N. 288 ; 26 L. J. Ex. 180 ; 8 W. R. 629 . . 114
City of Dublin Steam Packet Co. v. L. & N. W. Ry. Co., 4 B. &
Mac. 10 23, 62
Clonmel Traders v. Waterford & Limerick Ry Co., 4 B. & Mac. 92 .. 85
Clout v. Met. Ry. Co., 46 L. T. 141 173
Coates v. Chaplin, 3 Q. B. 483 ; 2 G-. & D. 552 107
Cobledick v. L. & N. W. Ry Co., Times, 28th Oct. 1890 27
Cock, l,i //, !:.> i>ric Rosevear, 11 Ch. Div. 560 ; 48 L. J. Bk. 100;
40 L. T. 730 ; 27 W. R. 591 108, 109
Coggs v. Bernard, 2 Ld. Raym. 909 ; 1 Sm. L. C. 188 113
Cohen v. S. E. Ry. Co., 2 Ex. Div. 253 ; 46 L. J. Ex. 417 ; 36 L. J.
130 ; 25 W. R. 475 135
Collard v. S. E. Ry. Co., 7 H. & N. 79 ; 30 L. J. Ex. 393 ; 4 L. T.
410 ; 9 W. R. 697 116
C llins 9. I'.-i.Mington Vestry, 5 Q. B. D. 368 ; 49 L. J. Q. B. 264;
42 L. T. 573 ; 28 W. R. 588 170
Column v. G. E. Ry. Co., 8th Ann. Rep. Ry. Commrs 59, 61, 91
Ooombi 9. I'.i i-t..l & Exeter Ry. Co., 3 H. & N. 1, 510 ; 27 L. J. Ex.
401 107
Cooper. . /// re McLaren, 11 Ch. Div. 68 ; 48 L. J. Bk. 49 ;
40 L. T. Hi.'); 27 W. R. 518 98, 108, 109
Cork I)i>tilWi-s Co. v. Gt. S. & W. Ry. Co., L. R. 7 H. L. 269 ;
s Ir. K. C. L. 334 110
Corrigan v. G. N. Ry. Co., 6 L. R. Ir. 91 140
Cory v. Yarmouth & Norwich Ry. Co., 3 Railw. Cas. 624 86
Coventry v. G. E. Ry. Co., 11 Q. B. Div. 776 ; 52 L. J. Q. B. 694. . Ill
Cox v. G. E. Ry. Co., L. R. 4 C. P. 181 ; 38 L. J. C. P. 151 83
Crouch v. G. N. Ry. Co., 9 Exch. 656 ; 7 Railw. Cas. 787 ; 23 L. J.
Ex. 1*18 33
v. G. W. Ry. Co., 2 H. & N. 491 ; 3 H. & N. 183 ; 26 L. J.
Ex. 418 98, 113
Cutli-r 9. North London Ry. Co., 19 Q. B. D. 64 ; 56 L. J. Q. B.
648 ; 66 L. T. 639 ; 35 W. R. 576 141
PLAINTIFFS. X1U
PAGE
D'Aro r. L. & N. W. Ry. Co., L. R. 9 C. P. 325 ; 30 L. T. 763 ; 22
W. R. 919 142
Dare Valley Ry. Co., In re, L. R. 6 Eq. 429 ; 37 L. J. Ch. 719 .... 174
Darling-ton Waggon Co. v. Harding, 1891, 1 Q. B. 245 ; 60 L. J.
Q. B. 110 ; 64 L. T. 407 ; 39 W. R. 167 ; 7 Times L. R. 106. . 169,
177
Davey v. Mason, Car. &: Mnrsh 445 122, 123
Davis v, Starr, 41 Ch. D. 242 ; 58 L. J. Ch. 808 ; 60 L. T. 797 ; 37
W. R. 481 158
Denaby Main Colliery Co. r. M. S. & L. Ry. Co., 11 App. Cas. 97 ;
14 Q. B. Div. '209 ; 13 Q. B. D. 674 ; 6 B. & Mac. 133 ; 4 B. &
Mac. 437 ; 55 L. J. Q. B. 181 ; 54 L. T. 1 33, 34, 35, 41, 58
Deutsche Springstoff Actien Gesellschaft v. Briscoe, 20 Q. B. D. 177 ;
57 L. J. Q. B. 4 ; 36 W. R. 557 158
Devereux r. Barclay, 2 B. & A. 702 114
Dickson v. G. N. Ry. Co., 18 Q. B. Div. 176 ; 56 L. J. Q. B. Ill ;
55 L. T. 868 ; 35 W. R. 202 . . 17, 56, 81, 82, 105, 135, 137, 139, 146
Diphwys Casson Slate Co. v. Festiniog Ry. Co., 2 N. & Mac. 73 . . 47, 48
Distington Iron Co. v. L. & N. W. Ry. Co., 6 B. & Mac. 108 ; 4
Times L. R. 785 30
Dobson v. Groves, 6 Q. B. 637 ; 14 L. J. Q. B. 17 165
Donald v. N. E. Ry Co., 6 B. & Mac. 53 62, 82
Doolanr. Mid. Ry, Co., 2 App. Cas. 792 ; 37 L. T. 317; 25 W. R.
882 134, 141
Drew v. Drew, 2 Macq. 1 165
Dublin & Meath Ry. Co. v. M. G. W. Ry. Co., 3 N. & Mac. 379 .... 21
Dublin Whiskey Distillery Co. v. M. G. W. Ry. Co., 4 B. & M. 32.. 22, 25
Dunkirk Colliery Co. v. M. S. & L. Ry. Co., 2 N. & Mac. 402 160
Dulton v. Solomonson, 3 B. & P. 582 106, 107
Earl v. Stocker, 2 Vern. 251 172
East & West India Dock Co. v. Kirk, 12 App. Cas. 738 ; 57 L. J. Q. B.
295 ; 58 L. T. 158 152, 164
v . Shaw, 39 Ch. D. 524 ; 6 N. & Mac. 94 ;
57 L. J. Ch. 1038; 60 L. T. 142 ....20, 42
East & West Jn. Ry. Co. v. G. W. Ry. Co., 2 N. & Mac. 147 75
Eastern Counties Ry. Co. v. Robertson, 6 M. & G. 38 ; 1 Dowl. & L.
498 ; 6 Scott N. R. 802 164
Eastham v. Tyler, 2 Bail Ct. Rep. 136 159
Edwards v. G. W. Ry. Co., 11 C. B. 588, 21 L. J. C. P. 72 189
Edwards v. Sherratt, 1 East. 604 105
Elbinger Actien Gesellschaft v. Armstrong, L. R. 9 Q. B. 473 ; 43
L. J. Q. B. 211 ; 30 L. T. 874 ; 23 W. R. 127 116
Emery v. Wase, 5 Ves. 848 173
European & American S. S. Co. v. Croskey, 8 C. B. N. S. 397 ; 29
L. J. C. P. 155 ; 8 W. R. 236 153
Evershed v. L. & N. W. Ry. Co., 2 Q. B. D. 254 ; 3 Q. B. Div. 135 ;
3 App. Cas. 1029 ; 48 L. J. Q. B. 22 ; 39 L. T. 306. . 33, 34, 48, 59
XIV
TABLE OF CASES.
Exeter Carriers Case, cit. Yorke v. Grenaugh, 2 Ld. Raym. 867 .... 98
Eyre and the Corporation of Leicester, In re, 1892, 1 Q. B. 136 ; 8
Times L. R. 136 155, 157
Farrant v. Barnes, 11 C. B. N. S. 553 ; 31 L. J. C. P. 137 146
Fergusson v. Norman, 4 Bing. N. C. 52 ; 5 Scott N. R. 304 ; 1 Jur.
986 170
Fetherstone v. Cooper, 9 Ves. 67 159, 165
Field v. Newport, &o. Ry. Co., 3 H. & N. 409 ; 27 L. J. Ex. 396 . . 97
Finlay v. N. B. Ry. Co., 8 Ct. Sess. Cas. 959 135
Fishbourne v. G. S. & W. Ry. Co., 2 N. & Mac. 224 50, 52, 60
v. M. G. W. Ry. Co., 2 Rep. Ry. Com. 3 50
Fleming v. M. S. & L. Ry. Co., 4 Q. B. Div. 81 ; 39 L. T. 555 ; 27
W. R.481 117
Flowers v. S. E. Ry. Co., 16 L. T. 329 122
Ford v. Jones, 3 B. & A. 248 153
Ford v. L. & S. W. Ry. Co., 6 B. & Mac. Ill ; 63 L. T. 841 ; 60
L. J. Q. B. 130 23, 43, 49, 50, 52, 54, 55, 60, 99
Foreman v. G. E. Ry. Co., 2 N. & Mac. 202 45, 59
Forward v. Pittard, 1 T. R. 27 102
Foulkes v. Met. Dist. Ry. Co., 5 C. P. Div. 157 ; 4 C. P. D. 267 ; 49
L. J. C. P. 361 ; 42 L. T. 345 ; 28 W. R. 526 108
Fowles v. G. W. Ry. Co., 7 Exch. 699 ; 7 Railw. Cas. 421 ; 22 L. J.
Ex.76 107
France v. Gaudet, L. R. 6 Q. B. 199 ; 40 L. J. Q. B. 121 ; 19 W. R.
622 115
Freeman v. Birch, 1 Nev. & Macn. 420 ; 3 Q. B; 492 n 107
Gallop & Central Queensland Co., In re, 25 Q. B. D. 230 ; 59 L. J.
Q. B. 460 ; 62 L. J. 834 ; 38 W. R. 621 172
Garton v. Bristol & Exeter Ry. Co., 1 N. & Mac. 218 ; 6 C. B. N. S.
639 ; 28 L. J. C. P. 306 . .42, 46, 49, 50, 61
1 B. & S. 112 ; 30 L. J. Q. B.
273; 9 W. R. 734 n", 141
4H. &N. 33; 28 L. J. Ex. !<,!>, 210
Gatcliffe v. Bourne, 7 M. & G. 850 ; 11 01. & F. 45 ; 8 Scott, N. R.
102
Gibbes, /.V porfr, In re Whitworth, 1 Ch. D. 101 ; 45 L. J. Oh. 10;
33 L. T. 479 ; 24 W. R. 298 108
Gill r. M. S. & L. Ry. Co., L. R. 8 Q. B. 186 ; 42 L. J. Q. B. 89 ;
28 L. T. 687 ; 21 W. R. 525 H3
Ginder v. Curtis, 14 C. B. N. S. 732 165
: l..t. Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 2!)1 25, 47, 69
(llnilwin 9. Cliilcote, 9 Dowl. P. C. 550; 6 Jur. 749 160
,P! -.I.. A s. \v. Ky. Co., i N is .30, 64, 56, ;i
! t y P. G. S. & W. Ry. Co. Ir. R., 9 C. L. 283 129
-ht, 13 Ch. Div. 629 ; 12
L. T. 270; 48 W. R. 481 .109
PLAINTIFFS. XV
PAGE
Gordon v. Or. W. Ry. Co., 8 Q. B. D. 44 ; 51 L. J. Q. B. 58 ; 45
L. T. 509 ; 30 W. R. 230 143
Gough and the Mayor of Liverpool, In re, 6 Times L. R. 453 ; 7
Times L. R. 581 170
Gray & Co. and Boustead & Co., In re, 8 Times L. R. 703 169
Great Northern Ry. Co. v. Behrens. See Behrens v. G. N. Ry. Co.
v. Morville, 7 Railw. Cas. 830; 21 L. J.
Q. B. 319 126
v. Riinell, 18 C. B. 575 ; 27 L. J. C. P.
201 102, 128, 129
v. Swaffield, L. R. 9 Ex. 132 ; 43 L. J. Ex.
89; 30 L. T. 562 98, 112
Great Northern (Ireland) Ry. Co. v. Belfast Cent. Ry. Co., 3 N. &
Mac. 411 71
Great Western Ry., Ex parte, In re Bushell, 22 Oh. Div. 470 ; 52
L. J. Ch. 734 ; 48 L. T. 196 ; 31 W. R. 419 . . 100
v , Bagge, 15 Q. B. D. 625 ; 54 L. J. Q. B. 599 ;
53 L. T. 225 ; 34 W. R. 45 106
Great Western Ry. Co. v. Bristol Ports Railway and Pier Co., 5 B.
& Mac. 94 22
v. Bunch, 13 App. Cas. 31 ; 57 L. J. Q. B.
361 ; 58 L. T. 128 ; 36 W. R. 785 135
v. Crouch, 3 H. & N. 183 113
v. Glenister, 29 L. T. 422 ; 22 W. R. 72 . . 143
v. Railway Commissioners, 7 Q. B. Div. 182 ;
50 L. J. Q. B. 483 ; 45 L. T. 206 ; 29
W. R. 901 29
v. Redmayne, L. R. 1 C. P. 329 ; 35 L. J.
C. P. 123 ; 14 W. R. 206 117
v. Rimmel, 18 C. B. 574 102, 127, 129
v. Severn & Wye Ry. Co., 5 B. & Mac. 170
67, 68, 72
v. Button, L. R. 4 ; H. L. 226 ; 38 L. J.
Ex. 177 ; 18 W. R. 92 33, 34
v. Swansea, 4 E. & B. 184 110
Grebert Borgnis v. Nugent, 15 Q. B. Div. 85 ; 54 L. J. Q. B. 511 . . 116
Green & Balfour, In re, 63 L. J. 325 171
Green v. St. Katherine's Docks, 19 L. J. Q. B. 53 97
Greenock & Wemyss Bay Ry. Co. v. C-d. Ry. Co. (No. 1), 2 N.
&Mac 132
(No. 2), 2 N. & Mac 136
(No. 3), 2 N. & Mac. 227 ; 3 N.
& Mac. 145 ; 5 Ct. Sess. Cas.
4th Ser. 1000 68
(No. 4), 5 B. & Mac 205
Greenop v. S. E. Ry. Co., 2 N. & Mac. 319 , 39, 47
Greenwood, In re, 1 P. & D. 463 ; 9 A. & E. 699 154
Gregory v. West Mid. Ry. Co., 2 H. & C. 944 ; 33 L. J. Ex. 155 ;
12 W. R. 528 . 137
XVI
TABLE OF CASES.
Hadley v. Baxendale, 9 Exch. 341 ; 23 L. J. Ex. 179 116
Hagger v. Baker, 14 M. & W. 9 ; 2 Dowl. & L. 856 ; 14 L. J. Ex.
164
Haigh v. Haigh, 2 De G. F. & J. 157 ; 31 L. J. Ch. 420 160, 173
Hales v. L. & N. W. Ry. Co., 4 B. & S. 66 ; 32 L. J. Q. B. 292 ;
8 L. T. 421; 11 W. R. 856 111,116,117
Hall v. L. B. & S. C. Ry. Co., 15 Q. B. D. 536 ; 17 Q. B. Div. 230 ;
5 B. & Mac. 28 ; 53 L. T. 345 ; 54 L. T. 713 ; 55 L. J. Q. B.
328 ; 34 W. R. 558 79, 92, 184, 185
Hallet v. Hallet, 7 Dowl. 389 ; 5 M. & W. 25 ; 2 H. & H. 3 ; 3 Jur.
727 167
Hamilton v. Bankin, 3 De G. & S. 782 ; 19 L. J. Ch. 307 165
- v. Magill, 12 L. R. Ir. 186 116
Hammans, Foster & Co. v. G. W. Ry. Co., 4 B. & Mac. 181 . .18, 21, 23
Hammond v. Bussey, 20 Q. B. Div. 79 ; 57 L. J. Q. B. 58 115
Harborne Ry. Co. v. L. & N. W. Ry. Co., 2 N. & Mac. 169 96
. L. & N. W. Ry. Co., 2 J. & H. 80 ; 30 L. J. Ch. 815 . . 16, 101
Harris v. G. W. Ry. Co., 1 Q. B. D. 515 ; 45 L. J. Q. B. 729 ; 34
L. T. 647 ; 25 W. R. 63 113
v. L. & S. W. Ry. Co., 3 N. & Mac. 331 20
v. Cocker-mouth &: Workington Ry. Co., 1 N. & Mac. 97 ;
3C. B. N. S. 693; 27 L. J. C. P. 162 47, 48
Harrison v. L. B. & S. C. Ry. Co., 2 B. & S. 152 ; 31 L. J. Q. B.
114 104, 135, 136, 140
Hart v. Baxendale, 6 Exch. 769 ; 21 L. J. Ex. 123 120, 122, 125
Hastings' Case. See S. E. Ry. Co. v. Railway Commissioners.
Hawes v. S. E. Ry. Co., 54 L. J. Q. B. 174 ; 52 L. T. 514 116
Hearn v. L. & S. W. Ry. Co., 10 Exch. 793 ; 24 L. J. Ex. 180 124
Hearne v. Garton, 2 E. & E. 66 ; 28 L. J. M. C. 16 ; 33 L. T. 256. . 146
Hemming v. Parker, 13 L. T. 795 ; 14 W. R. 328 165
Henderson v. L. & N. W. Ry. Co., L. R. 5 Ex. 90 ; 39 L. J. Ex.
:..-) ; 21 L. T. 756 ; 18 W. R. 352 122
- v. Stevenson, L. R. 2 H. L. Sc. 470 ; 32 L. T. 709 .... 127
Hennesy r. Wright, 21 Q. B. D. 509 ; 57 L. J. Q. B. 530 ; 59 L. T.
323 ; 4 Times L. R. 511 162
Heugh v. L. & N. W. Ry. Co., L. R. 5 Ex. 51 ; 39 L. J. Ex. 48 ;
21 L. T. 676 109, 111, 112, 114
Hick, In re, 8 Taunt. 694 165, 167
Higginbotham v. G. N. Ry. Co., 2 F. & F. 798 ; 10 W. R. 358 .... 104
Hinde v. Liddell, L. R. 10 Q. B. 265 ; 44 L. J. Q. B. 105 ; 32 L. T.
449 ; 23 W. R. 650 115
Hinton v. Dibdin, 2 Q. B. 646 ; 2 G. & D. 36 124
Hiort v. Bolt, L. R. 9 Ex. 86 ; 43 L. J. Ex. 81 ; 30 L. T. 25 ; 22
\V. EL 414 114
- v. L. \ N \\ . Ry. Co., 4 Ex. D. 188; 48 L. J. Ex. 545 ; 40
L. T. 674 ; 27 W. R. 77s 114
.<;. \V. Ry. Co., 37L. T. 186; 25 W. R. 63 143
r. Cullin.soii, 7 I ;. \ ( '. 212 ; 1 M. & R. 55 98
PLAINTIFFS. XVU
PAGE
Holland i'. Festiniog- Ry. Co., 2 N. & Mac. 278 44,47
Holyhead Local Board v. L. & N. W. Ry. Co., 4 B. & Mac. 37 , .20, 23
Hooper v. Balfour, 62 L. T. 646 ; (1890) W. N. 61 171
r. L. & N. W. Ry. Co., 50 L. J. Q. B. 103 ; 43 L. T. 570 ;
2i)W. R. 241 108
Hopcraft r. Hickman, 2 S. & S. 130 ; 3 L. J. Ch. 43 173
Hopper, In re, L. R. 2 Q. B. 367 ; 8 B. & S. 100 ; 36 L. J. Q. B.
97 ; 15 L. T. 566 ; 15 W. R. 443 154
Home v. Mid. Ry. Co., L. R. 8 C. P. 131 ; 42 L. J. C. P. 59 ; 28
L. T. 312 ; 21 W. R. 481 116, 117
Howard v. Mid. Ry. Co., 3 N. & Mac. 258 91
Hudson v. Baxendale, 2 H. & N. 575 ; 27 L. J. Ex. 93 102, 112
Hull & Barnsley Ry. Co. v. York & Derby Coal Co., 18 Q. B. D.
761 ; 56 L. J. Q. B. 261 ; 35 W. R. 385 35, 46
Huntley, In re, I Ell. & B. 787 ; 22 L. J. Q. B. 277 171
Hyde v. Trent & Mersey Co., 5 T. R. 389 ; 1 Esp. 36 102
Ilfracombe Public Conveyance Co. v. L. & S. "W. Ry. Co., 1 N. &
Mac. 61 ; W. N. 1868, 289 22, 57
Irvine v. M. G. W. Ry. Co., 6 L. R. Ir. 55 117
Isaacs, In re, Ex parte Miles, 15 Q. B. Div. 39 ; 54 L. J. Q. B. 566 . 108
James, In re, 4 B. & Ad. 488 ; 2 N. & M. 328 166
v. James, 23 Q. B. Div. 12 ; 58 L. J. Q. B. 424 ; 61 L. T.
310 ; 37 W. R. 600 152, 1G4
v. Taff Vale Ry. Co., 3 N. & Mac. 540 19
Jameson v. Mid. Ry. Co., 50 L. T. 426 116
Jamieson, In re, 4 A. & E. 945 ,. 154
Jenkins v. Leggs, 1 Dowl. N. S. 277 ; 6 Jur. 397 165
Jephson v. Hawkins, 2 Man. & G. 366 ; 2 Scott, N. R. 605 170
Johnson v. Lane. & York. Ry. Co., 3 C. P. D. 499 ; 38 L. T. 448 ;
27W.R.459 114
v . Latham, 20 L. J. Q. B. 288 ; 2 L. M. & P. 205 171
v. Mid. Ry. Co., 4 Exch. 367 ; 6 Railw. Gas. 61 ; 18 L. J.
Ex. 366 16, 101, 105
v . N. E. Ry. Co., 5 Times L. R. 68 103
Jones v. N. E. Ry. Co., 2 N. & Mac. 208 86, 91
Kemp v. Falk, 7 App. Gas. 573 ; 52 L. J. Ch. 167 ; 47 L. T. 454 ;
31 W. R. 125 ; 5 Asp. M. C. 1 109
v. Rose, 1 Giff. 258 172
Kendal v. Marshal, Stevens & Co., 11 Q. B. Div. 356 ; 52 L. J. Q.
B. 313 ; 48 L. T. 951 ; 31 W. R. 597 108
Kendall r. L. & S. W. Ry. Co., L. R. 7 Ex. 373 ; 41 L. J. Ex. 184 ;
26 L. T. 735 ; 20 W. R. 886 102, 103
D. b
XV111 TABLE OF CASES.
PAGE
Kent v. Mid. Ry. Co., L. R. 10 Q. B. 1 ; 44 L. J. Q. B. 18 ; 31 L.
T. 430 ; 23 W. R. 25 107, 134
Kenworthy v. Queen Insurance Co., 8 Times L. R. 21 1 159
Kerr v. Willan, 6 M. & S. 150 ; 2 Stark. 53 118
Kimberley v. Dick, L. R. 13 Eq. 1 ; 41 L. J. Ch. 38 ; 25 L. T. 476 ;
20 W. R. 49 172
Kirby r. G. W. Ry Co., 15 L. T. N. S. 658 142
Kirkstall Brewery Co. v. Furness Ry. Co., L. R. 9 Q. B. 468; 43
L. J. Q. B. 142 ; 30 L. T. 783 ; 22 W. R. 876 129
Knight, In re, Ex pnric Golding, Davis & Co., 13 Ch. Div. 629 ; 42
L. T. 270 ; 48 W. R. 481 109
Knight v. The Tabernacle Permanent Building Society, 1891, 2 Q. B.
63 ; 60 L. J. Q. B. 633 ; 65 L. T. 550 ; 39
W. R. 507 ; 8 Times L. R. 616 151, 152
r. (No. 2) 8 Times L. R. 783 170
Kyle, In re, 2 Jur. 760 160
Lane. & York. Ry. Co. v. Gidlow (No. 1), 42 L. J. Ex. 129; 29 L.
T. 346; 21 W. R. 649 ....83, 191
v. (No. 2), L. R. 7 H. L. 517; 32
L. T. 573; 24 W. R. 144 .... 83
v. Greenwood, 21 Q. B. D. 215; 58 L. J. Q.
B. 16; 59 L. T. 930 36
Lane r. Cotton, 1 Ld. Raym. 652 105
Larchin v. Ellis, 11 W. R. 281 165
-..tt, 2 Q. B.Div. 376; 46 L. J. Q. B. 576; 3CL.T.7SJ;
2.-> W. R. 6/H 108
Le Contour r. L. & S. W. Ry. Co., L. R, 1 Q. B. 54 ; 35 L. J. Q.
B. 40 ; 13 L. T. 325 ; 14 W. R. 80 ; 6 B. & S. 961 123
Lees v. Lane. & York. Ry. Co., 1 N. & Mac. 352 39
Le Peintur v. S. E. Ry. Co., 2 L. T. 170 116
Lewis r. G. W. Ry. Co., 3 Q. B. Div. 195 ; 47 L. J. Q. B. 131 ; 37
L. T. 774 ; 26 W. R. 255 138, 143
v. 5H. &N. 867; 29 L. J. Ex. 425 139
Lilley v. Doubleday, 7 Q. B. D. 510 ; 51 L. J. Q. B. 310 ; 44 L. T.
814 Ill
Liugwood v. Eade, 2 Atk. 502 172
Lishman r. Christie, 19 Q. B. Div. 333; 56 L. J. Q. B. 538; 57
L. T. 552; 35 W. R. 744 Ill
Liver Alkali Co. v. Johnson, L. R. 7 Ex. 338 ; 43 L. J. Ex. 216 ; 31
L. T. 95 105
Liverpool Corn Traders' Association v. G. W. R. Co., 8 Times L. R.
519 38
r. L. & N. W. Ry. Co., 1891,
1 Q. B. 120 ; 7 B. & Mac. 125 ; 60 L. J. Q. B. 76; 63 L. T.
564 10, 38, 57, 58
Llangennech Coal Co., In re, 56 L. T. 475 ; W. N. (1887) 22 99
l v. Northampton & Banbury Ry. Co., 3 N. & Mac. 259 76
r. Watcrford & Limerick Ry. Co., 15 Ir. C. L. 37 141
PLAINTIFFS.
PAGE
Lock v. Vulliamy, 5 B. & Ad. 600 ; 2 N. & M. 336 .............. 168
Locke v. N. E. Ry. Co., 3 N. & Mac. 44 ........................ 60
London & N. W. Ky. Co. v. Bartlctt, 7 II. & N. 400 ; 31 L. J. Ex.
92; 5L. T. 399; 10 W. R. 109 .... 110
------- v. Evershed, 3 App. Cas. 1029; 3 Q. B.
Div. 135 ; 2 Q. B. D. 254 ; 48 L. J.
Q. B. 22 ; 39 L. T. 306 .......... 33, 34
-- v. Price, 11 Q. B. D. 485 ; 52 L. J. Q. B.
754 ...................................................... 191
London & S. W. Ry. Co. v. Staines Ry. Co., 4 B. & Mac. 48. .19, 20, 24
London, Chatham & Dover Ry. Co. v. S. E. Ry. Co., 40 Ch. Div.
100 ; 58 L. J. Ch. 75 ; 60 L. T. 370 ; 37 W. R. 65 ............ 159
Londonderry Harbour Commissioners v. Gr. N. Ry. Co., 5 B. & Mac.
252 ........................................ 10, 23, 46, 57, 62, 82
Longton, Adderley Green & Bucknell Ry. Co. v. N. Stafford Ry. Co.,
8th Rep. Ry. Commrs. 41 .................................. 7G
Lord v. Lee, L. R. 3 Q. B. 404 ; 9 B. & S. 269 ; 37 L. J. Q. B. 121 ;
16 W. R. 856 ............................................ 167
- r. Lord, 5 Ell. & B. 401 ; 26 L. J. Q. B. 34 ................ 153
- v. Mid. Ry. Co., L. R. 2 C. P. 339 ; 36 L. J. C. P. 170 ; 16 L.
T. 576 ; 15 W. R. 405 .................................. Ill, 139
Lowett v. Hobbs, 2 Show. 127 ....... . .......................... 105
Lury v. Pearson, 1 C. B. N. S. 639 .............................. 158
Lyell r. Kennedy, 8 App. Cas. 217 ; 52 L. J. Ch. 385 ; 48 L. T. 588 ;
31 W. R. 618 ............................................ 162
Lyon v. Johnson, 40 Ch. D. 579 ; 58 L. J. Ch. 626 ; 60 L. T. 223 ;
37 W. R. 427 ...................... .157
McCance v. L. & N. W. Ry. Co., 3 H. & C. 313 ; 34 L. J. Ex. 39 ;
11 L. T. 426; 12 W. R. 1086 138
Macfarlane r. N. B. Ry. Co., 4 B. & Mac. 206 31, n., 61
Machu r.L. & S. W. Ry. Co., 2 Exch. 415 ; 5 Railw. Cas. 302 ; 17
L. J. Ex. 271 129
M'Kean v. M'lvor, L. R. 6 Ex. 36 ; 40 L. J. Ex. 30 ; 24 L. T. 559.. 109
McLaren, In re, 11 Ch. Div. 68 ; 48 L. J. Bk. 49 ; 50 L. T. 105 ; 27
W. R. 518 98, 108, 109
McLean v. Marcus, In re, 6 Times L. R. 355 171
McManus v. Lane. & York. Ry. Co., 4 H. & N. 327 ; 28 L. J. Ex.
353 136
McNally v. Lane. & York. Ry. Co., 8 L. R. Ir. 81 141
McQueen v. G-. W. Ry. Co., L. R. 10 Q. B. 569 ; 44 L. J. Q. B.
130 ; 32 L. T. 759 ; 23 W. R. 698 128, 129
Macqueen, In re, 9 C. B. N. S. 793 160
Maidstone Town Council v. S. E. Ry. Co., 7 B. & Mac. 99 ; Times,
13th Jan. 1891 18, 19
Manch. Sheff. &Linc. Ry. Co. v. Brown, 8 App. Cas. 473 ; 32 W. R.
207 137, 138
v. North Central "Waggon Co., 35 Ch.
Div. 191 ; 13 App. Cas. 554 ; 58 L. J. Ch. 21 ( J ; 59 L. T. 730 ;
37 W. R. 303 97, 100
XX TABLE OF CASES.
PAGE
Marriott r. L. & S. W. Ry. Co., 1 N. & Mac. 47 ; 1C. B. N. S. 499 ;
26 L. J. C. P. 154 57
Martin r. Gt. Ind. Pen. Ry. Co., L. R. 3 Ex. 9 ; 37 L. J. Ex. 27 ;
17 L. T. 349 143
Mason v. Wallis, 10 B. & C. 107 167
Matson v. Trower, R. & M. 17 168
Mayhew v. Eames, 3 B. & C. 601 ; 1 C. & P. 550 118
v. Nelson, 6 C. & P. 58 121
Menzies r. Cal. Ry. Co., 5 B. & Mac. 306 31 n., 49, 50, 52, 54, 61
Metcalfe r. L. B. & S. C. Ry. Co., 4 C. B. N. S. 307 ; 27 L. J. C. P.
205, 333 128, 129
Metropolitan District Ry. Co. v. Met. Ry. Co., 5 B. & Mac. 126 .... 74
Midland Ry. Co. v. Freeman, 12 Q. B. D. 629 ; 53 L. J. M. C. 79 ;
32W.R. 830 106
v. G. W. Ry. Co., 2 N. & Mac. 28 74
Miles, Zxparte, In re Isaacs, 15 Q. B. Div. 39 ; 54 L. J. Q. B. 566. . 108
v. Cattle, 6 Bing. 743 ; 4 M. & P. 630 118
MiUen v. Brasch, 10 Q. B. Div. 142 ; 52 L. J. Q. B. 127 ; 47 L. T.
685 ; 31 W. R. 190 123
Minet v. Morgan, L. R. 8 Ch. 361 ; 42 L. J. Ch. 627 ; 28 L. T. 573 ;
21 W. R. 467 162
Mitchell v. Lane. & York. Ry. Co., L. R. 10 Q. B. 256 ; 44 L. J.
Q. B. 107 ; 33 L. T. 161 ; 23 W. R. 853 Ill, 112
Moore v. G. N. Ry. Co., 10 L. R. Ir. 95 , 139
- v. Wilson, 1 T. R. 659 106
Morphett, In re, 2 D. & L. 967 ; 14 L. J. Q. B. 259 150
Morris, In re, 6 Ell. & B. 383 ; 25 L. J. Q. B. 261 171
Morritt v. N. E. Ry. Co., 1 Q. B. Div. 302 ; 45 L. J. Q. B. 289 ; 34
L. T. 910; 24 W. R. 386 124
Moseley v. Simpson, L. R. 16 Eq. 226 ; 42 L. J. Ch. 739 ; 28 L. T.
7-J7 ; 21 W. R. 694 172, 173
Mullincr v. Florence, 3 Q. B. Div. 484 ; 47 L. J. Q. B. 700 ; 35 L. T.
167 ; 26 W. R. 385 98
Munday v. Black, 9 C. B. N. S. 557 ; 30 L. J. C. P. 193 ; 9 W. R.
274 160
Mus.-lmmp f. Lane. & Preston Ry. Co., 8 M. & W. 421 ; 2 Railw.
007 107
Mutter r. Eastern & Midlands Ry. Co., 38 Ch. Div. 92 ; 67 L. J. Ch.
615 ; 59 L. T. 117; 36 W. R. 401 86
Myers v. L. & S. W. Ry. Co., L. R. 5 C. P. 1 ; 39 L. J. C. P. 57 ;
21 L. T. 461 82, 196
Mysore West Gold Mining Co., 42 Ch. D. 535 ; 58 L. J. Ch. 731 ; 61
L. T. 453 ; 37 W. R. 794 163
Mytton v. Mid. Ry. Co., 28 L. J. Ex. 385 (reported on another point,
" 4 H. &N. 615) 122
Napier v. Glasgow & S. W. Ry. Co., 1 N. & Mac. 292 ; 4 Ct. Sess.
Cas. 3rd Ser. 87 56, 78
Newry & Armagh Ry. Co. r. G. N. Ir. Ry. Co., 3 N. & Mac. 28 .... 72
PLAINTIFFS.
PAGE
Newry Navigation Co. v. G. N.Ry. Co., 7 B. & Mac. 176.... 19, 20, 21,
23, 77
Newry Town Commrs. v. G. N. Ry. Co., 7 B. & Mac. 184 ....44, 45, 59
Nicholson v. G. W. Ry. Co. (No. 1), 1 N. & Mac. 121 ; 5 C. B. N. S.
366 46,47
(No. 2), 1 N. & Mac. 143 ; 7 C. B. N. S.
755 65
0. Willan, 5 East, 507 ; 2 Smith, 107 118
Nickalls v. Warren, 6 Q. B. 615 ; 2 Dowl. & L. 549 165, 171
Nitrophosphate Co. r. London & St. Kath. Dock Co., 9 Ch. Div. 503 ;
89 L. T. 483 ; 27 W. R. 267 104
Nitshill & Lesmahagow Coal Co. v. Cal. Ry. Co., 2 N. & Mac. 39. .45, 60
Nobel v. P. Stewart & Co., 6 Times L. R. 378 ; 35 Sol. J. 546 158
North v. L. & S. W. Ry. Co., 14 C. B. N. S. 132 ; 32 L. J. C. P. 156 ;
8 L. T. 246 ; 1 1 W. R. 624 97
North Brit. Ry. Co. v. Carter, 2 Macq. 998 97
North Central Waggon Co. v. M. S. & L. Ry. Co., 35 Ch. Div. 191 ;
13 App. Cas. 554 ; 58 L. J. Ch. 219 ; 59 L. T. 730 ; 37 W. R.
305 97, 100
North Eastern Ry. Co. v. Cairns, 32 W. R. 829 112
North Lonsdale Iron Co. v. Furness Ry. Co., 7 B. & Mac. 147 ; 60
L. J. Q. B. 419 ; 64 L. T. 122 41, 58
North Monkland Ry. Co. v. North Brit. Ry. Co., 3 N. & Mac. 282... 74
Notting Hill, The, 9 P. Div. 105 ; 53 L. J. P. 56 ; 51 L. T. 66 ; 32
W. R. 764; 5 Asp. M. C. 241 117
Nugent v. Smith, 1 C. P. Div. 423 ; 45 L. J. C. P. 697 ; 34 L. T.
827 ; 25 W. R. 117 102, 103, 104
Nuttall v. Mayor of Manchester, 8 Times L. R. 513 158, 172
O'Hanlan v. G. W. Ry. Co., 6 B. & S. 484 ; 34 L. J. Q. B. 154 ;
12 L. T. 490 ; 13 W. R. 741 115
Ohrloff r. Briscall, L. R. 1 P. C. 231 ; 4 Moo. P. C. C. N. S. 70 ; 35
L. J. P. C. 63; 14 L. T. 873; 15 W. R. 202 102
Oliver & Scott's Arbitration, In re, 43 Ch. D. 310; 59 L. J. Ch. 148;
61 L. T. 552 ; 38 W. R. 476 172
Owen v. Burnett, 2 Cr. & M. 353 ; 4 Tyr. 133 121, 125
Oxlade v. N. E. Ry. Co. (No. 1), 1 N. &Mac. 73 ; 1C. B. N. S. 454;
26 L. J. C. P. 129 55
(No. 2), 1 N. & Mac. 162 ; 15 C. B. N. S.
680 56
3 N. & Mac. 35 86, 90
Painter t\L. B. & S. C. Ry.Co., IN. & Mac. 58; 2C. B.N.S. 702.. 22, 57
Palmer r. Met. Ry. Co., 31 L. J. Q. B. 259 167
v. L. B. & S. C. Ry. Co., L. R. 6 C. P. 194 ; 1 N. & Mac.
271 ; 40 L. J. C. P. 133 48
Parana, The, 1 P. D. 452 ; 2 P. Div. 118 ; 36 L. T. 388 ; 25 W. R.
496 .. , 117
XX11 TABLE OF CASES.
PAGE
Pardington v. S. Wales Ry. Co., 1 H. & N. 392 .................. 132
Parker v. S. E. Ry. Co., 2 C. P. D. 416; 46 L. J. C. P. 768 ; 37 L. T.
540 ; 25 W. B. 564 ......................... .- .......... 126, 127
Parkinson v. G. W. Ry. Co., L. R. 6 C. P. 544 ; 1 N. & Mac. 280. . 53
Patscheider r. G. W. Ry. Co., 3 Ex. D. 153 ; 38 L. T. 149 ; 26
W. R. 268 .............................................. 112
Peek v. North Staff. Ry. Co., 10 H. L. C. 473 ; 32 L. J. Q. B. 241 ;
8 L. T. 768 ; 11 W. R. 1023 .............. 104, 136, 137, 139, 142
Pelsall Coal Co. v. L. & N. W. Ry. Co. (No. 1), 23 Q. B. D. 536 ;
7 B. & Mac. 1 ; 61 L. T.
257 ............ 86, 88, 89, 94
-- (No. 2), 7 B. & Mac. 36 . . 90, 96
Pegler r. Monmouthshire Ry. & Canal Co., 6 H. & N. 614 ; 30 L. J.
Ex. 249 ; 4 L. T. 331 ; 5 W. R. 597 ........................ 82
Penrice v. Williams, 23 Ch. D. 353 ; 52 L. J. Ch. 593 ; 48 L. T. 868 ;
31 W. R. 496 ............................................ 162
Perkins v. L. & N. W. Ry. Co., 1 N. & Mac. 327 ................ 86
Perryman v. Steggall, 2 Dowl. P. C. 726 ........................ 164
Pescod r. Pescod, 58 L. T. 76 .................................. 153
Pianciani v. L. & S. W. Ry. Co., 18 C. B. 226 .................. 124
Pickering Phipps v. L. & N. W. Ry. Co., 8 Times L. R. 419 ...42, 48, 59
Pickford v. Cal. Ry. Co., 1 N. & Mac. 252 ; 4 Ct. Sess. Cas. 3rd Ser.
755 .......................................... 52, 53, 54, 56, 61
Pickthall v. Merthyr Local Board, 2 Times L. R. 805 ............ 158
Plews v. Middleton, 6 Q. B. 845 ...................... ......... 165
Ponsford v. Swaine, Johns. & H. 433 ............... , . ....... 174, 175
Pontifex v. Hartley, 8 Times L. R. 657 .......................... 142
- r. Mid. Ry. Co., 3 Q. B. Div. 23; 47 L. J. Q. B. 28 ; 37
L. T. 403 ; 26 W. R. 209 .................................. 109
Portway v. Colne Valley & Halstead Ry. Co., 7 B. & Mac. 102 ____ 27, 28
Potter t?. Newman, 2 C. M. & R. 742 ; 4 Dowl. P. C. 504 ; 1 J. & G.
29 ...................................................... 166
Price v. L. & N. W. Ry. Co., 11 Q. B. D. 485 ; 52 L. J. Q. B. 754 . . S3
Putney Overseers v. L. & S. W. Ry. Co., 1891, 1 Q. B. 440 ; 60 L. J.
Q. B. 438 ; 61 L. T. 280 ; 39 W. R. 291 .................... IS
T r. Holmes, L. R. 1 C. P. 679 ........................ 158
Rundi-11 v. Thompson, 1 Q. B. Div. 748 ; 45 L. J. Q. B 713 ; 35 L. T.
193; -Ji W. It. :;7 ........................................ 158
Rausome v. Eastern Counties Ry. Co. (No. 1). 1 N. & M:ir. ;:', : 1 C. B.
N. 8. 437 ; 26 L. J. 0. P. 91 5J
----- (No. 2), 1 N. & Mac. 109; 4
C. B. N. S. 135; 27 L. J.
C. P. 166 ................ 47
- (No. 3), 1 N. &Mac. 116, not quoted
---- (No. 4), 1 N. & Mac. 155; 8
C. B. N. S. 709 . . 45, 46, 47, 59
!-u 9. II. dfi-rn, (1891) P. 139 ; 60 C. J. P. 9 ; 64 L. T. 68 ; 39
W. R. 212 ; 7 Times L. R. 157 .............................. 161
PLAINTIFFS. xx 111
PAGE
v. Vreoncs, (1891) 1 Q. B. 360 ; 60 L. J. M. C. 62 ; 61 L. T.
389 ; 39 W. R. 365 163
Rex v. Hill, 7 Price, 636 167
Rhymney Ry. Co. v. Rhymncy Iron Co., 25 Q. B. Div. 146 ; 6 B. &
Mac. 60 36, 44, 46, 47, 48
Rice r. Baxendale, 7 H. & N. 96 ; 30 L. J. Ex. 371 115
Richardson v. Mid. Ry. Co., 4 B. & Mac. 1 46, 47, 59, 61
v. North Eastern Ry. Co., L. R. 7 C. P. 75 ; 41 L. J.
C. P. 60 ; 26 L. T. 131 ; 20 W. R. 461 103, 105
Roberts r. Mid. Ry. Co., 25 W. R. 323 Ill
Robertson v. G. S. & W. Ry. Co., 2 N. & Mac. 374 50, 61
v. M. G. W. Ry. Co., 2 N. & Mac. 409 50, 61, 91
Robins, Ex parte, 7 Dowl. P. C. 566 105
Robinson v. G. W. Ry. Co., L. R. 1 C. P. 329 ; 35 L. J. C. P. 124 ;
14 W. R. 206 142
v. L. & S. W. Ry. Co., 19 C. B. N. S. 51 ; 34 L. J. C. P.
234 ; 13 W. R. 660 , 138
Rodocanachi v. Milburn, 18 Q. B. Div. 67 ; 56 L. J. Q. B. 202 ; 56
L. T. 594 ; 35 W. R. 241 ; 6 Asp. M. C. 100 115
Rooth v. N. E. Ry. Co., L. R. 2 Ex. 173 ; 36 L. J. Ex. 83 ; 15 L. T.
624 ; 15 W. R. 695 109, 140
Rosevear Co., Ex parte, In re Cock, 11 Ch. Div. 560 ; 48 L. J. Bk.
100 ; 40 L. T. 730 ; 27 W. R. 591 , 108, 109
Routledge v. Thornton, 4 Taunt. 70i 169
Royal National Lifeboat Inst. v. L. & N. W. Ry. Co., 3 Times
L. R. 601 110
Rumsey v. N. E. Ry. Co., 14 C. B. N. S. 641 ; 32 L. J. C. P. 21 i ;
8 L. T. 666; 11 W. R. 911 139
Rushforth v. Hadfield, 6 East, 519; 2 Smith, 264; 7 East, 224;
3 Smith, 221 98
Russell v. Russell, 14 Ch. Div. 471 ; 49 L. J. Ch. 268 ; 42 L. T.
112 .. 159
Salisbury & Dorset Ry. Co. v. L. & S. W. Ry. Co., 3 N. & Mac. 314 . 76
Salkeld, In re, 4 P. & D. 732 ; 12 A. & E. 767 166
Scaife v, Farrant, L. R. 10 Ex. 358 ; 44 L. J. Ex. 234 ; 33 L. T.
278 ; 23 W. R. 840 105
Scarfe v. Morgan, 4 M. & "W". 270 ; 1 H. & H. 292 98
Schotsmans v. Lane. & York. Ry. Co., L. R. 2 Ch. 332 ; 36 L. J.
Ch. 361 ; 16 L. T. 189 ; 15 W. R. 537 109
Schulze r. G. E. Ry. Co., 19 Q. B. Div. 30 ; 56 L. J. Q. B. 442 ; 57
L. T. 438; 35 W. R. 683 115
Scott v. Van Sandau, 6 Q. B. 237 ; 8 Jur. 1114 160
Searle v. Lavcrick, L. R. 9 Q. B. 122 ; 43 L. J. Q. B. 43 ; 30 L. T.
89 ; 22 W. R. 367 113
Seton v. Lafone, 19 Q. B. Div. 68 ; 56 L. J. Q. B. 415 ; 57 L. T.
547; 35 W. R. 749 Ill
Severn and Wye Ry. Co. v. G. W. Ry. Co., 5 B. & Mac. 156 ... 68, 73, 75
XXIV TABLE OF CASES.
PAGE
Shaw and Ronaldson, In re, (1892) 1 Q. B. 91 ; 61 L. J. Q. B. 141 ;
8 Times L. B. 85 152, 163
Shepherd v. Bristol and Exeter Ry. Co., L. R. 3 Ex. 189 ; 37 L. J.
Ex. 113 ; 18 L. T. 528 ; 16 W. R. 982 107
Sheridan v. Nagle, 6 Ir. C. L. 1 10 170
Shubrook v. Tuffnell, 46 L. T. 749 170
Simons v. G. W. Ry. Co., 18 C. B. 805; 26 L. J. C. P. 25 141
Simpson v. L. & N. W. Ry. Co., 1 Q. B. D. 274 ; 45 L. J. Q. B.
182 ; 33 L. T. 805 ; 24 W. R. 294 116
Skinner v. Upshaw, 2 Ld. Rajm. 756 98
Skinningrove Iron Co. v. N. E. Ry. Co., 2 B. & Mac. 244 . . 55, 56, 57, 58
Smith and Service and Nelson, In re, 25 Q. B. Div. 545 ; 59 L. J.
Q. B. 533; 63 L. T. 475; 39 W. R. 117; 6 Times L. R.
434 152, 155
Smith v. Home, 8 Taunt. 144 ; 2 Moore, 18 : Holt, 613 118
v. Hartley, 10 C. B. 800 ; 2 L. M. & P. 340 ; 20 L. J. C. P.
169 168
Solway Jn. Ry. Co. v. Maryport Ry. Co., 3 N. & Mac. 264 76
Somes v. British Empire Shipping Co. See British Empire Shipping
Co. v. Somes.
South Eastern Ry. Co. v. Railway Commissioners, 6 Q. B. Div. 586 ; *-~
3 N. & Mac. 464 ; 50 L. J. Q. B. 201 ; 44 L. T. 203 .... 16, 19, 20,
22, 23
Southsea & Isle of "Wight Steam Ferry Co. v. L. & S. W. Ry. Co.,
2 N. & Mac. 341 56, 78
Sowerby v. G. N. Ry. Co., 7 Times L. R. 260 ; 7 B. & Mac. 156 ;
60 L. J. Q. B. 467 ; 65 L. T. 546 8, 185
Spence v. Eastern Counties Ry. Co., 7 Dowl. P. C. 697 160
Spencer v. Newton, 6 A. & E. 623 ; 1 N. & P. 823 ; W. W. & D. 232 164
Stallard v. G. W. Ry. Co., 2 B. & S. 419 ; 31 L. J. Q. B. 137 ;
6 L. T. 217 ; 10 W. R. 488 113, 114
Stephens v. L. & S. W. Ry. Co., 18 Q. B. Div. 121 ; 56 L. J. Q. B.
171 ; 56 L. T. 226 ; 35 W. R. 161 127, 129
Stephenson v. Hart, 4 Bing. 476 ; 1 M. & P. 357 109
Stewart r. L. & N. W. Ry. Co., 3 H. & C. 135 ; 33 L. J. Ex. 199 ;
10 L. T. 302 ; 12 W. R. 689 135
- v. N. B. Ry. Co., 5 Ct. Sess. Cas. 4th Ser. 426 110
Stoessiger v. S. E. Ry. Co., 3 E. & B. 549 ; 23 L. J. Q. B. 293 .... 120
Stuart v. Crawley, 2 Stark. 323 104
Swain v. Shepperd, 1 M. & Rob. 223 107
Swansea Tramways Co. v. Swansea & Mumbles Ry. Co., 3 N. & Mac.
339 19
Swindon & Marlborough Ry. Co. v. G. W. Ry. Co., 4 B. & Mac.
349 72
Symi s r. Goodfellow, 4 Dowl. P. C. 642 ; 2 Bing. N. C. 632 ; 2 Scott,
769 164
Symst'. Chaplin, 5 A. & E. 634 ; 1 N. & P. 129 ; 2 II. & W. 411 . . 127
]'I UNTIFFS. XXV
PAGK
Tal-y-Llyn Ry. Co. v. Cambrian Ry. Co., 5 B. & Mac. 122 7''
Taylor v. G. N. Ry. Co., L. R. 1 C. P. 385 ; 35 L. J. C. P. 210 .... 110
Temple, Exparte, 2 Ves. & B. 391 ; 2 Rose, 22 164
Templeman, In re, 9 Dowl. P. C. 962 ; 6 Jur. 324 166
Tharsis Sulphur & Copper Co. v. L. & N. W. Ry. Co., 3 N. & Mac.
455 22, 24, 191
Thol v. Henderson, 8 Q. B. D. 457 ; 46 L. T. 483 116, 117
Thomas v. North Staff. Ry. Co., 3 N. & Mac. 1 20, 22, 23
Thompson v. L. & N. W. Ry. Co., 2 N. & Mac. 115 59
Thorburn v. Barnes, L. R. 2 C. P. 384 ; 36 L. J. C. P. 184 ; 16 L. T.
10;15W. R. 623 164
Thorpe v. Mid. Ry. Co., 11 Rep. Ry. Com. 1 69
Tillam v. Copp, 5 C. B. 21 1 160
Tomlinson v. L. & N. W. Ry. Co., 63 L. T. N. S. 86 ; 7 B. & Mac.
22 88, 90, 91, 94, 96
Torbay & Brixham Ry. Co. v. South Devon Ry. Co., 2 N. & Mac.
391 75
Trainor v. Phoenix Fire Insurance Co., 8 Times L. R. 37 109
Treadwin v. G. E. Ry. Co., L. R. 3 C. P. 308 ; 37 L. J. C. P. 83 ;
17 L. T. 601; 16 W. R. 365 121
Trent & Mersey Co. v. Wood, 4 Dougl. 287 102
Tryer v. Shaw, 27 L. J. Ex. 320 160
Tullis v. Jacson, (1892) W. N. 160 172
Tunno, In re, 5 B. & Ad. 488 ; 2 N. & M. 328 154
Turner v. G. W. Ry. Co., 34 L. T. N. S. 22 ; 13 Cox, C. C. 191 .... 129
Turnock v. Sartoris, 43 Ch. Div. 150 ; 62 L. T. 209 ; 38 W. R. 340. 157
Van Toll v. S. E. Ry. Co., 12 C. B. N. S. 75 ; 31 L. J. C. P. 241 ;
6 L. T. 244 ; 10 W. R. 578 134
Vaughton v. L. & N. W. Ry. Co., L. R. 9 Ex. 93 ; 43 L. J. Ex. 75 ;
30 L. T. 119; 22 W. R. 336 128, 129
Victoria Coal & Iron Co. v. Neath & Brecon Ry. Co., 3 N. & Mac.
37 18, 21
Victorian Railway Commrs. v. Coultas, 13 Ap. Cas. 222 ; 57 L. J.
P. C. 69 ; 58 L. T. 390 ; 37 W. R. 129 117
"Walford v. Prince S.S. Co., 90 L. T. Jo. 467 157
Walker v. Frobisher, 6 Ves. 70 165
Wallace r. Dublin & Belfast Ry. Co., 8 Ir. R. C. L. 341 124
v. Wood, Ry. & M. 194 98
Waller r. M. G. W. Ry. Co., 4 L. R. Ir. 376 117
v. York & N. Mid. Ry. Co., 2 E. & B. 750 ; 23 L. J. Q. B.
73 126, 132
Wallis v. Hirsch, 1 C. B. N. S. 316 ; 26 L. J. C. P. 72 158
v. L. & S. W. Ry. Co., L. R. 5 Ex. 62 ; 39 L. J. Ex. 57 ;
21 L. T. 675 ; 18 W. R. 347 97
XXVI TABLE OF CASES.
PAGE
Wannan v. Scot. Cent. Ry. Co., 1 N. & Mac. 237; 2 Ct. Sess. Cas.
3rd Ser. 1373 53, 61
Warner v. Powell, L. R. 3 Eq. 261 ; 15 W. R. 303 167
Warwick Sc Birmingham Canal Nav. Co. v. Birmingham Canal Co.,
3 N. & Mac. 113, 324 ; 5 Ex. D. 1 ; 48 L. J. Ex. 550 71, 74, 76
Watkins v. Rymill, 10 Q. B. D. 178 ; 52 L. J. Q. B. 121 ; 48 L. T.
426 ; 31 W. R. 337 126
Watkinson v. Wrexham, Mold & Connah's Quay Ry. Co. (No. 1),
3 N. & Mac. 5 24, 85, 191
(No. 2), 3 N. & Mac. 164 22
(No. 3), 3 N. & Mac. 446 22, 87
Watson v. G. W. Ry. Co., 9th Annual Report Railway Com-
missioners 12, 18, 19
Way v. G. E. Ry. Co., 1 Q. B. D. 692 ; 45 L. J. Q. B. 874 ; 35 L. T.
253 129
Webb v. G. W. Ry. Co., 26 W. R. Ill 143
v. Taylor, 1 Dowl. & L. 676 ; 13 L. J. Q. B. 24 164
West v. L. & N. W. Ry. Co., L. R. 5 C. P. 622 ; 1 N. & Mac. 166 ;
39 L. J. C. P. 282 ; 23 L. T. 371 ; 18 W. R. 1028 20, 42, 60
Westfield v. G. W. Ry. Co., 52 L. J. Q. B. 276 99, ICO
Wbaite v. Lane. & York. Ry. Co., L. R. 9 Ex. 67 ; 43 L. J. Ex. 47 ;
30 L. T. 272 ; 22 W. R. 374 125
Whatley v. Morland, 2 C. & M. 347 ; 2 Dowl. P. C. 249 ; 4 Tyr. 255 161
Whiteley & Roberts' Arbitration, In re, 1891, 1 Ch. 558 ; 60 L. J. Ch.
149 ; 64 L. T. 81 ; 39 W. R. 248 173
Whitworth, In re, Ex parte Gibbes, 1 Ch. D. 101 ; 45 L. J. Ch. 10 ;
33 L. T. 479 ; 24 W. R. 298 108
Wilkinson v. Verity, L. R. 6 C. P. 206 ; 40 L. J. C. P. 141 ; 24 L. T.
32; 19 W. R. 604 114
Willesford v. Watson, L. R. 8 Ch. 473 ; 42 L. J. Ch. 447 ; 28 L. T.
428; 21 W. R. 350 157, 158
Williams v. G. W. Ry. Co., 52 L. T. 250 106
Williams & Stepney's Contract, In re, 1891, 2 Q. B. 257; 60 L. J.
Q. B. 636 ; 65 L. T. 208 ; 39 W. R. 533 175, 176
Willis v. Wakeley, 7 Times L. R. 604 178
Wil.-.m 9. Mast, -rii Counties Navigation & Transport Co., 1892, 1 Q. B.
81 ; 8 Times L. R. 26t 156
r. Lano. & York. Ry. Co., 9 C. B. N. S. 632 ; 30 L. J. C. P.
232 ; 3 L. T. 859 ; 9 W. R. 635 116
Wiltshire Iron Co. v. G. W. Ry. Co., L. R. 6 Q. B. 101, 776; 40
L. J. Q. B. 43, 308 ; 23 L. T. 666 ; 19 W. R. 177, 935 99
Winsford Local Board v. Cheshire Lines Committee, 24 Q. B. D. 4ofi ;
7 B. & Mac. 72 ; 59 L. J. Q. B. 372 ; 62 L. T. 268 ; 38 W. R.
611 17, 18
Woodger r. G. E. Ry. Co., 2 N. & Mac. 102 61
. ( :. W. Ry. Co., L. R. 2 C. P. 318 ; 36 L. J. C. P. 177 ;
15 L. T. 579; 15 W. R. 383 117
Woodruff v. Brecon & Merthyr Tydfil Jn. Ry. Co., 28 < h. Div. 190 ;
54 L. J. Ch. 620 ; 52 L. T. 69 ; 33 W. R. l'J.3 . .
ri. \INTII-FS. xxvn
PAGE
AVno l\v;ir,l r. L. & N. W. Ry. Co., 3 Ex. D. 121 ; 47 L. J. Ex. 263 ;
38 L. T. 321 ; 26 W. R. 354 122, 125
AVorsdi'll, In /v, Ex parte Barrow, 6 Ch. D. 783; 46 L. J. Bk. 71 ;
36 L. T. 325 ; 25 TV. R. 466 108
AVivn r. Kn^trra Counties Ry. Co., 1 L. T. N. S. 5 110
Wright r. Snoll, 5 B. & Aid. 350 100
Wykes v. Shipton, 3 N. & M. 240 168
Wyld v. Pickford, 8 M. & W. 443 118, 121
York, Newcastle & Berwick Ry. Co. v. Crisp, 14 C. B. 527 ; 23 L. J.
C.P.125 126
Yorke v. Grenaugh, 2 Ld. Raym. 876 98
Young v. Gwendraeth Valleys Ry. Co., 4 B. & Mac. 247 30
Zunz r. S. E. Ry. Co., L. R. 4 Q. B. 539 ; 38 L. J. Q. B. 209 ; 20
L. T. 873 [same case sub nom. Turner v. S. E. Ry. Co., 10 B. &
S. 594 ; 17 W. R. 1096] 134
XXV111
TABLE OF CASES.
DEFENDANTS.
PAGE
Abraham, Atkinson v 165
Armstrong, Elbinger Actien
Gesellschaft r. . .. . . 116
Baker, Hagger v 164
Balfour, In re Greene and .... 171
Hooper v 171
Bank of British Columbia,
Anderson r 162
Bankin, Hamilton v 165
Barclay, Devereux v 114
Barnes, Farrant v H6
Thorburnr 164
Bartlett,L.&N.W.Ry.Co.v. 110
Baxendale, Bernstein v. . . 121, 122,
123
Hadleyv 116
. Hart v. . . 120, 122, 125
Hudson v 102,112
Rice v 115
Beddon, Beddon v 172
Belfast Central Ry. Co., Gt. N.
Ry. Co. (Ir.) v 71
Bernard, Coggs v 113
Birch, Freeman v 107
Birmingham & Derby Jn. Ry.
Co., Att.-Gen. r 34
Birmingham Canal Co , War-
wick & Birmingham Canal
Co. r 71, 74, 76
Black, Munday v 160
Bolt, Hiortf 114
Bourne, Gatcliffe v 102
Boustead, Gray and, In re.... 169
Boutcher, Brandt and, In re . . 171
Brasch, Mill<-n 123
Brecon & Mertlivr Tydfil Jn.
Uy. Co., Woodruff f 27
Bridges, Bidder v 162
Briscall, Ohrloff v 102
Briscoe, Deutsche Springstoff
Actien Gessellschaft r 158
PAGE
Bristol & Exeter Ry. Co.,
Baxendale v. . . 61
Coombs v 107
Garton v. . . 42, 46, 49,
50, 61, 97, 141,210
Shepherd v 107
Bristol Port & Pier Co., G. W.
Ry. Co. v 22
Brown, M. S. & L. Ry.
Co. v 137, 138
Bunch, G. W. Ry. Co. v 135
Burnett, Owen v 121, 126
Bussey, Hammond v 115
Cairns, N. E. Ry. Co. v 112
Caledonian Ry. Co., Greenock
& Wemyss Bay Ry. Co. v. 68, 205
Menzies v. . . 31, 49, 50,
51, 64, 60
Nitshill & Lesmaha-
gow Coal Co. v 45, 60
Pickford v. . . 62, 53, 54,
56, 61
Cambrian Ry. Co., Tal-y-llyn
Ry. Co. r 76
Carter, North Brit. Ry. Co. v. 97
Cattle, Miles r 118
Chaplin, Coates v 107
Syms f 127
Chapman, Boyce r 129
Cheshire Lines Committee,
Winsford Local Board v. . . 17, 18
Chilcote, Gladwin r 160
Christy, Lishman v Ill
Clark, Bethell r 108, 109
Cockermouth & Workington
Ry. Co., Harris r 47, 48
Gollhuon, HoIdenuM 98
Colnu Vall.-y \ HaUrad Ry.
Co., Tort way r 27, 28
Cooper, Fetherstone r. ..159,165
Copp, Tillam r 160
Cotton, Lane r 105
DEFENDANTS.
XXIX
PAGE
Coultas, Victorian Ry. Com-
missioners v 117
Crawley, Stuart v 104
Crisp, York, Newcastle & Ber-
wick Ry. Co. v 126
Croskey, European & American
SS. Co. v 153
Crouch, G. W. Ry. Co. v 113
Curtis, Ginder v 165
Davison, Att.-Gen. v 164
Dibbin, Hinton v 124
Dick, Kimberly v 172
Donovan, Batson v 118
Doubleday, Lilley v 114
Drew, Drew v 165
Dubbin, Wallace v 124
Eade, Lingwood v 172
Eames, Mayhew v 118
Eastern & Midlands Ry. Co.,
Mutter v 86
Eastern Counties Ry. Co.,
Beadell v 22, 56
Ransome r. 45,46,47,59
Spencer 160
Wren r 110
Eastern Counties Navigation
& Transport Co. , Wilson v. .. 156
Ellis, Larchin r 165
Evershed, L. & N. W. Ry.
Co. v 33, 34
Talk, Kemp v 109
Farrant, Scaife v 105
Festiniog Ry. Co., Diphwys
Casson Slate Co. v. 47, 48
Holland v 44, 47
Florence, Mulliner v 98
Freeman, Mid. "Ry. Co. v 106
Frobisher, Walker r 165
Furness Ry. Co., Kirkstall
Brewery Co. v. 129
North Lonsdale Iron
Co. v 41,58
Gale, Bignall v 165
Garton, Hearne v 146
PAOE
Gatcliffe, Bourne v 102
Gaudet, France v 115
Gidlow, Lane. & York Ry.
Co. v 83, 191
Glasgow & South Western Ry.
Co., Ayrshire & Wig-
tonshire Ry. Co. v.. . 62
Napier v 56, 78
Glenister, G. W. Ry. Co. v. . . 143
Goodfellow, Symes v 164
Great Eastern Ry. Co., Baxen-
dalev 126, 142
Colman v 59, 61, 91
Coventry v Ill
Coxv 83
Foreman v 45, 59
Schulze v 115
Treadwinr 121
Wayv 129
Woodger v 61
Great Indian Peninsular Ry.
Co., Martin v 143
Great Northern Ry. Co.,
Barret v 20, 22
Behrensv 123
Belfast Central Ry.
Co.v 71,72,77
Corrigan v 141
Crouch v 33
Dicksonv...l7, 56, 81,82,
105, 135, 137, 139, 146
Higginbotham v. . .. 104
Londonderry Har-
bour Commission-
ers, v. . . 10, 23, 46, 57,
62, 82
Moore v 139
Newry & Armagh
Ry. Co. v 72
Newry Navigation
Co. v. 19,20,21,23, 77
Newry Town Com-
missioners ... 44, 45, 59
Sowerby v 8, 185
Taylor r 110
Great North of Scotland Ry.
Co., Aberdeen Commercial
Co. v 21, 28, 60,81,192
XXX
TABLE OF CASES.
PAGE
Great Southern & "Western Ry.
Co., Cork Distilleries
Co. v HO
Fishbourne v. . . 50, 52, 60
Grogartyr 129
- Robertson v 50, 61
Great Western Ry. Co., Aid-
ridge v. .'. 105, 107, 142
Allday r 140
Baxendale r 61, 49
- Blower v 102, 103
Broughton & Plas
Power Coal Co. v. 46, 58
Brown v 29, 31, 83
. Bunch v." 135
. Ex parte, In re
Bushell 100
Butt v 122
Central Wales & Car-
marthen Jn. Ry.
Co. v 68, 73, 74
. Chapman v 112
. Crouch v 98,113
East & West Jn.
Ry. Co. v 75
Edwards v 189
Fowlesr 107
Gordon v 143
Hammans, Foster &
Co. v 18, 21, 23
Harris v 113
. Hoare v 143
Lewis v.. . . 138, 139, 143
Liverpool Corn Trad-
ers' Association v.. 38
McQueen r 128, 129
. Mid. Ry. Co. v 74
. Nicholson r. . . 46, 47, 56
__ . O'Hanlan v 115
Parkinson r 53
PutHcheider r 112
. Robinson r 112
. Severn & Wye Ry.
Co. v 68, 73, 75
Simons v 1-i 1
Stallard v 1 13, 1 14
- Swindon & M;ul-
borough Ry. Co. r. 7J
PAGE
Great Western Ry. Co., Tur-
ner v 129
Watson v 12, 18, 19
Webbv 143
Westfieldt: 99, 100
Williams" i' 106
Wiltshire Iron Co . v . 99
Woodger v 117
Greenock & Wemyss Bay Ry.
Co., Cal. Ry. Co. v 77,78
Greenwood, Lane. & York. Ry.
Co. v 36
Grenaugh, Yorke v 98
Groves, Dobson v 165
Guild, Cal. Ry. Co. v 97
Gwendraeth Valley Ry. Co.,
Young v 30
Hadfield, Rushforth v 98
Haigh, Haigh v 160, 173
Hallet, Hallet v 167
Harding, Darlington Waggon
Co. r 169, 177
Hart, Stephenson v 109
Hartley, Anning v 165
Pontifcxr 142
Smiths 168
Henderson, Thol r 116, 117
Hickman, Hopcraft v 173
Hill, Rex r 167
Hirsch, Wallis v 158
Hobbes, Lowett v 105
Holmes, Randegger v 158
Home, Smith v 118
Howkins, Jephson r 170
Hughes, Caerleon Tin Plate
Co. v 158
Hunter, Baker v 170
Jacson, Tullis r 172
James, James v 1 .VJ. 1 01
Johnson, Liver Alkali Co. r. . . 105
Lyon t* 1 ") 7
Jones, Ford 1' i
Kennedy, Lyell r 162
Knight, Barton r 172
DKFENDANTS.
XXXI
PAGE
Lafone, Seton v Ill
Lancashire & Preston Ry. Co.,
Muschamp r 107
Lancashire & YorkshireRy. Co. ,
Boltou r 108
Cam- 132,144
Johnson v 114
Lees v 39
: MbManuBf 136
McNally r 141
Mitchell r 111,112
Schotsmans v 109
Whaitc v 125
Wilson v 1 1G
Latham, Johnson v 171
Laverick, Searle v 113
Lee, Lord v 167
Leggs, Jenkins v IGo
Leicester (Corporation), Eyre
and, In re 155, 157
Lequesne, Chicot r. , 172
Liddell, Hinde v 115
Lintott, Baylis v 117
Liverpool (Mayor of), Gough
and, In re 170
Lockhart, Cal. Ry. Co. v 173
London & North "Western Ry.
Co., Anderson r. . . 122
Blankeasee v 128
Budd v 58
Carr v Ill
Central Wales & Car-
marthen Jn. Ry.
Co. v. ..63, 73, 76, 82
City of Dublin Steam
Packet Co. v 23, 62
Cobledick v 27
D'Arc v 142
Distington Iron Co.
v 30
Evershed v. . 33, 34, 48, 59
Hales v Ill, 116, 117
Harborne Ry. Co. v. 96
Hare r 16,101
Henderson v 122
Heughr...l09, 111, 112,
114
PAQK
London & North Western Ry.
Co., Hiortv 114
Holyhead Local Bd.
v 20, 23
Hooper v 108
Liverpool Corn Trad-
ers' Association v. 10,
38, 57, 58
McCance v 138
Pelsall Coal Co. v. . 86, 88,
89, 90, 94, 90
Perkins v 86
Pickering, Phippsv. . .42,
48, 59
Price v 83
Royal National Life-
boat Institution v. . 110
Simpson v 116
Stewart v 135
Tharsis Sulphur &
Copper Co. v. 22, 24, 191
Thompson v.
Tomlinson v. ..
... 59
1,90,91,
94, 96
Vaughton v 128, 129
West v 20, 42, 60
Woodward r.
London & St. Katherine Docks
Co., Nitrophosphate Co. v... 104
London & South Western Ry.
Co., Baxendalo v. 35, 50
Ford v. . . 23, 43, 49, 50,
52, 54, 55, 60, 99
Goddard V...50, 54, 55, 61
Harris r 20
Hearn v 124
Ilfracombe Convey-
ance Co. v 22, 57
Le Conteur v 123
Machu r 129
Marriott v 57
Myers v 82, 195
North v 97
Pianciani v 124
Putney Overseers r. . 18
Robinson v 1 38
Salisbury & Dorset
Ry. Co. v 76
Southsea & Isle of
Wight Steam Ferry Co. v. 56,78
XXX11
TABLE OF CASES.
PAGE
London & South Western Ey.
Co., Stephens v. 127,129
Wallis r 97
London, Brighton & South
Coast Ey. Co., Ash -
endon v. .. 135, 139, 140
Caterham Ey. Co. v. 19
Hall v. . .79, 92, 184, 185
Harrison v.,104, 135, 136,
140
Metcalfe v 128, 129
Painter v 22, 57
Palmer v 48
London, Chatham & Dover Ey.
Co., Bailey v 91
. Baldwin v HO
Baxendale v 115
Berryv 92
Lord, Lordv 153
Magill, Hamilton v 1 16
Manchester (Mayor of) Nut-
tall v. 158,172
Manchester, Sheffield & Lin-
colnshire Ey. Co.,
Bennet v 42
Bollandsv Ill
Denaby Main Colliery
Co. r 3335,41,58
. Dunkirk Coll. Co. r. 160
Fleming v. 117
Gillv H3
North Central Wag-
gon Co. v 97, 100
M'lvor, M'Kean r 109
M.'irriw, In re McLean and . . 171
M:ir.-hull, Armstrong r 164
Stevens & Co. v 108
Maryport Ey. Co., Solway Jn.
Ey. Co. v 76
Mason, Davey v 122, 123
Merthyr Local Board, Tick-
tl.ullr 1
Metropolitan Ey. Co., Clout r. 173
. Met. District Ey.
Co. v 71
Palmer v 167
Metropolitan District Ey. Co.,
Foulkesr 108
PAGE
Middleton, Plews v 165
Midland Ey. Co., Beeston
Brewery v 25, 59
Bell v 27, 48, 59
Birchgrove Steel Co. r. 91
Brunt v 122, 125
Candy v 1 1 6
Doolan v 134, 141
Girardot, Flinn &
Co. i' 25,47,59
Hornet' 116,117
Howard v 91
. Jameson v 116
Johnson v. . .16, 101, 105
Kent v. . , 107, 134
Lord v Ill, 139
. Mytton v 122
Pontifex v 109
_ Eichardson v. .46, 47, 59,
61
Eoberts v Ill
. Thorpe r 59
Midland Great Western Ey.
Co., Dublin &Meath
Ey. Co. r 21
Dublin Whisky Dis-
tillery Co. * 22, 25
Fishbourne v 50
Irvine v 117
Eobertson r. . .50, 61, 91
Waller r 117
Milburn, Eodocanachi v 115
Monmouthshire Ey. & Canal
Co., Pegler r 82
Morgan, Minet r 162
. Scarfu r 98
Morland, Whatley v 161
Morvillc, Gt. N. Ey. Co. v .... 126
Nagle, Sheridan r 170
Neath & Brecon Ey. Co., Vic-
toria Coal Co. v 18, 21
Nelson, Mayhew r 121
In re Smith & Servi-"
and 152, 155
Newman, Totter r 166
Newport, Field r 97
DEFENDANTS.
XXX 111
PAGE
Newton, Spencer v 164
Norman, Fergusson v 170
Northampton & Banbury Ry.
Co., Lloyd v 76
North British Ry. Co., Bells-
dyke Coal Co. v. . . 45
Cal. Ry. Co. v 73
Finlayv 135
Macfarlane v 31, 61
North Monkland Ry.
Co. v 74
Stewart v 110
North Central Waggon Co.,
M. S. &L. Ry. Co. v. ..97, 100
North, Chappell v 159
North Devon Ry. Co., Baxen-
dalev 43, 49, 60
North Eastern Ry. Co.,
Donald v 62, 82
Johnson v 103
Jones v 86, 91
Locke v 60
Morritt v 124
Oxlade v.,.55, 56, 86, 90
Richardson v. . . 103, 105
Roothv 109,140
Rumseyv 139
Skinningrove Iron
Co. v 5558
North London Ry. Co., Cut-
ler v 141
North Staffordshire Ry. Co.,
Bidder v 170
Chatterley Iron Co. v. 87
Longton, Adderley
Green & Bucknall
Ry. Co. v 76
Peek v 104, 136, 137,
139, 142
Thomas v 20, 22, 23
Nugent, Grebert Borguis v. . . 116
Paddington Vestry, Collins v. 170
Parker, Hemming i- 165
Pearson, Lury v 158
Pescod, Pescod v 153
Phoenix Fire Insurance Co.,
Trainorv Io9
D.
PAGE
Pickford, Wylde v 118,121
Pink, Boysv 121
Pittard, Forward r 102
Powell, Warner v 167
Price, Arbuckle v 162
- L. & N. W. Ry. Co. v. 191
Prince, Walford v 157
Queen Insurance Co., Ken-
worthy v 159
Railway Commissioners, G.W.
Ry. Co. v 29
S. E. Ry. Co. r. . . 16, 19,
20, 22, 23
Redfern, Redfern v 161
Redmayne, G. W. Ry. Co. v. 117
Rhymney Iron Co. , Rhymney
Ry. Co. v 36, 44, 46, 47, 48
Rimmell, G. N. Ry. Co. v. . . 102,
128, 129
G. W. Ry. Co. v. .. 102,
127, 129
Robert's Arbitration, In re
Whitely and 173
Robertson, Eastern Counties
Ry. Co. v 164
Ronaldson, In re Shaw and, 152, 163
Rose, Kemp v 172
Russell, Russell r 159
Rymill, WatHns v 126
St. Katharine's Docks, Green v. 97
Sandy croft, Cay ley v 162
Sartoris, Turnock v 157
Scott, Leask v 108
Scott's Arbitration, In re
Oliver and 172
Scottish Central Ry. Co., Wan-
nan v 53, 61
Severn and Wye Ry. Co., G.W.
Ry. Co. v 67, 68, 72
Shaw, East & West India
Docks v 20,42
Tryer v 160
Shepperd, Swain v 107
Sherratt, Edwards v 105
Shipton, Wykes r. . , 168
XXXI V
TABLE OF CASES.
PAGE
Simpson, Moseley v 172, 173
Smith, Nugent v 102, 103, 104
Smithers, Angus v 160
Snell, Wright r 100
Solomonson, Button v 106, 107
South Devon Ry. Co., Beal v. 136,
139, 144
Buckfastleigh Ry.
Co. r 76
Torbay and Brix-
ham Ry. Co. v. . . 75
South Eastern Ry. Co., Bar-
hour r 104
Cohen r 135
Collard r 116
Flowers v 122
G-reenop r 39, 47
Hawes v 116
LePeinturt' 116
L.C.&D.Ry.Co.v. 159
Maidstone Town
Council 18, 19
Parker v 126, 127
Stoessiger v 120
Turner v. See Zunz
v. S. E. Ry. Co.
Van Toll v 134
Zunz v 134
Somes, British Empire Ship-
ping Co. v 98
South "Wales Ry. Co., Pard-
ington r 132
Staines, L. & S. W. Ry. Co. r. 19,
20, 24
Starr, Davies r 158
Steggall, Perryman v 1G4
Stepney's Contract, In re "Wil-
liams and 175, 176
Stevenson, Henderson v 127
Stewart & Co., Nobel v 1 .">S
Stnrkrr, Earl v 172
Sun Fire Office, Blanchard v. 172
Sutton, Bradbury v 123
Great Western Ry.
Co. r 33, 34
Swaffield, G. N. Ry. Co. r., 98, 112
Swainc, Ponsford r 174, 175
W. My. Co. r. ..110
PAGE
Swansea & Mumbles Ry. Co.,
Swansea Tramway Co. v. . . 19
Tabernacle Building Society
In re Knight and . . 151, 152, 170
Taff Vale Ry. Co., James v... 19
Taylor, Webb v 164
Thompson, Randell v 158
Thornton, Routledge v 169
Trent & Mersey Co., Hyde v. 102
Trower, Motson v 168
Tuffnell, Shubrook v 170
Tyler, Eastham v 159
Upshaw, Skinner i\
Van Sandau, Scott v 160
Verity, Wilkinson v 114
Viall, Chinery v 114
Vreones, Regina v 163
Vulliamy, Lock v 168
Wakeley, Willis r 178
Wallace, Anderson v 173
Wallis, Mason v 167
Warren, Nickalls v 165, 171
Wase, Emery v 173
Waterford & Limerick Ry. Co.,
. Clonmel Traders v. . . 85
Lloyd v 141
Watson, Willesford v 157, 158
West Midland Ry. Co., Gre-
gory v 137
Willan, Kerr r 118
Williams, Penrice r 162
Wilson, Moore r 106
Wood, Trent & Mersey Co. v. 102
Wallace r 98
Wrexham, Mold & Connah's
Quay Ry. Co., Walkinson v. 22,
24, 85, 87, 191
Wright, Hennesy r 162
Yarmouth & Norwich Ry. Co.,
Cory r 86
York & Derby Coal Co., Hull
& Barasley Ry. Co. v 35, 46
York & North Mid. Ry. Co.,
Waller r 126, 132
( XXXV )
TABLE OF STATUTES.
PAGE
1 WU1. IV. c. 68 (The Carriers Act), s. 1 119
s. 2 120
ss. 3, 4 125
s. 5 127
s. 6 125
s. 7 127
ss. 8, 9, 10 128
3 & 4 Viet. c. 97 (Regulation of Railways Act, 1840) 25
5 & 6 Viet. c. 55 (Railway Regulation Act, 1845) 25
7 & 8 Viet. c. 85 (Cheap Trains Act, 1844) 16
8 Viet. c. 20 (Railways Clauses Act, 1845), s. 76 v . . . . 25
s.86 80
s. 90 32
ss. 93-97 79, 84
8.97 97
s. 105 17
17 & 18 Viet. c. 31 (Railway & Canal Traffic Act, 1854) 7, 8, 15, 21
s. 7 132144
26 & 27 Viet. c. 92 (Railways Clauses Act, 1863) 135
28 & 29 Viet. c. 24 (Carriers Amendment Act, 1865) 121
31 & 32 Viet. c. 119 (Regulation of Railways Act, 1868) 8
36 & 37 Viet. c. 48 (Regulation of Railways Act, 1873) . .7, 8, 16, 39, 63,
77, 150
s. 14 84, 85, 87, 90
37 & 38 Viet. c. 40 (Board of Trade Arbitrations Act, 1874) . . 7, 147152
38 Viet. c. 17 (Explosives Act, 1875) 146
41 & 42 Viet. c. 74 (Contagious Diseases (Animals) Act, 1878) 105
c. 76 (The Telegraph Act, 1878) 7
42 & 43 Viet. c. 1 1 (Bankers' Books Evidence Act) 162
46 & 47 Viet. c. 34 (The Cheap Trains Act, 1883) 7
c. 39 (Statute Law Revision Act, 1883) 149
51 & 52 Viet. c. 25 (Railway and Canal Traffic Act, 1888)
s. 2 8
s. 5 6, 7
s. 7 9
s. 8 7, 8, 69
XXXVI TABLE OF STATUTES.
51 & 52 Viet. c. 25 (Railway and Canal Traffic Act, 1888) contd. PAGE
B.9 22, 25, 36
s. 10 31, 79
s. 11 19, 74
s. 12 36
s. 13 36
B. 14 19
s. 17 , 8, 31
s. 24 1, 12, 169
s. 25 14, 64, 70, 75
s. 26 66,71
s. 27.... 36,58
8. 28 39
s. 29 40
s. 31 13, 69
8. 33 12, 84
8. 34 84
s. 37 74
52 & 53 Viet. c. 49 (Arbitration Act, 1889)
s. 1 152
e. 2 153, 161, 163, 166, 167, 175
s. 3 152
s. 4 156, 157
s. 5 154
s. 6 156
B. 7 163, 168, 169
s. 8 161
s. 9 167
s. 10 171
s. 11 172
s. 12 174
SB. 1317 177, 178
s. 18 163
s. 19 169
8. 20 175
B. 21 176
B. 22 163
s. 23 176
8. 24 151
as. 2530 176
54 & 65 Viet. c. 39 (Stamp Act, 1891) 168
RAILWAY RATES
CARRIAGE OF MERCHANDISE BY RAILWAY,
INTRODUCTION.
THE RAILWAY RATES PROVISIONAL ORDERS.
THE provisions as to railway rates which are the subject
of Part II. of this book originated in sect. 24 of the Bail-
way and Canal Traffic Act, 1888 (), under which every
railway company was ordered to submit to the Board of
Trade a revised classification of merchandise traffic, and a
revised schedule of maximum rates and charges applicable
thereto, and to fully state in such classification and schedule
the nature and amounts of all terminal charges proposed
to be authorized in respect of each class of traffic, and the
circumstances under which such terminal charges were
proposed to be made.
The Board of Trade were then to consider the classifi-
cation and schedule supplied by each company, and any
objections made thereto, and, on the loth October, Ifc89,
Lord Balfour of Burleigh and Mr. Courtenay Boyle, on
behalf of the Board of Trade, commenced a long inquiry
into the classifications and schedules submitted to them,
and the objections to the same, hearing the railway com-
panies on the one hand in support of their classifications
and schedules, and the traders on the other in support of
(a) 51 & 52* Viet.: tf ?5.
D. ]{
INTRODUCTION,
their objections. The inquiry lasted far into the summer
of 1890, and in the result the Board of Trade were unable
to agree with the railway companies upon their respective
classifications and schedules.
Under the provisions of the same section of the Act of
1888 (b), the Board of Trade therefore made out the
classification and schedules which they thought ought to
be adopted by nine of the principal English companies (c) ,
and embodied the same in the provisional orders which
were submitted to Parliament in the session of 1891.
The bills confirming these provisional orders, with the
various petitions against them, were referred to a joint
committee, who reported on them towards the close of
July, 1891, and they have now been passed by Parliament
and were to come into force on the 1st of August, 1892,
but by order of the Board of Trade that date has been
altered to the 1st of January, 1893.
In the Session of 1892, the provisional orders relating
to the remaining English companies and to the Irish and
Scotch companies were confirmed by Parliament. They
come into force on the 1st of January, 1893, or such later
date as the Board of Trade may direct.
There are in all thirty-five provisional orders, of which
twenty-seven are applicable to the English, one to the
Irish, and seven to the Scotch Eailway Companies. The
provisional order is in each case formal, and has appended
to it a schedule containing (a) the general conditions ;
(b) the special conditions (if any) ; (c) the maximum rates
and charges ; and (d) the classification of traffic applicable
to the railways to which the order applies. The confirm-
ing Act, the provisional order, and the classification of
traffic are in all cases similar, but for the change in the
name of the company.
(b} 'A \ .-,'2 Viet. c. 'JO, . 24, sub-s. 6.
(c) Thfsr companies arc tin- (In-at F.aM' -rn ; (Ircat Northern;
i ; London ami North AYcstcm ; London and South
AY. I I'lu.i. IhL'luou :r.u: .-..nth Coa.-r-t; London, Chatham
and lovL-r; Midland: a ad South Eastern,
THE RAILWAY RATES PROVISIONAL ORDERS. 3
The general conditions applicable to all the English General con-
companies (except the North Eastern) and to the Irish
companies are similar, and under the circumstances it has
not been considered necessary to print them separately for
each company, but the case of the London and North
Western has been taken as typical of the English and Irish
companies. The general conditions of the Scotch com-
panies and the North Eastern being slightly different from
those of the English and Irish companies, they will be
found separately, the Caledonian company being taken as
representative. In the very few cases in which a clause in
the general conditions of any company differs from the
type attention is called to it in a note(<7). The special
conditions and the maximum rates and charges vary for
nearly every company.
In many cases a provisional order is applicable not only
to the company from which it takes its name, but also to
other companies or railways as well. This has been effected
(1) by including such other company in the heading of the
order ; or (2) by placing the company or railway in an Ap-
pendix to the Schedule, and adding a clause to the general
conditions applying the order to the companies and railways
contained in the Appendix. This distinction has been pre-
served, but the effect is probably the same in either case.
An alphabetical list of railways, showing the provisional
order by which each is governed, will be found at p. 529.
The Act in each case consists of two clauses only, one The Act.
giving the short title, and the other confirming the order
in the schedule.
The order in each case consists of four clauses, and pro- The Order,
vides for (1) the short title to the order ; (2) the com-
mencement of the order ; (3) the interpretation ; (4) the
application of the schedule of maximum rates and charges,
and the classification of traffic.
Then follows the schedule of maximum rates and charges. The Schedule.
(d) E. g., p. 206 in the noto to clause 27.
B-2
4 INTRODUCTION.
This is divided into six parts, as follows :
Part I. Merchandise.
II. Animals.
III. Carriages.
IV. Exceptional charges.
Y. Perishables.
VI. Small parcels.
General con- The schedule of any of the English companies (/) com-
ditions. mences with twenty-eight clauses, which are similar for
each company. The first nine clauses refer to the nature
of the various charges authorised ; then follow ten clauses
giving the method to be adopted in calculating and
fixing the rates and charges, while clauses 20 to 26 inclu-
sive contain miscellaneous provisions, clause 26 being an
interpretation clause. Then clause 27 makes the foregoing
twenty-six clauses applicable to merchandise conveyed by
passenger train. And finally, if the schedule contains an
appendix, clause 28 applies the schedule to the railways
set out therein. If there is no appendix, this clause is absent.
The special provisions and exceptions relating to parti-
cular portions of the lines of railway, are, of course,
different in the case of each railway, and come immediately
before the maximum rates for conveyance (which vary for
different companies), and maximum terminals, which are the
same in the case of each company for the same class of goods.
Parts II., III., IV., V., and VI., are practically the
same for all the English companies.
Classification. The classification of traffic (if) comes last in the schedule,
and is the same for all the companies. Perhaps this is
one of the most important achievements of the Board of
Trade and Parliament, so far as these orders are concerned.
By this classification merchandise traliic is split up into
eight classes, wherein it follows the Clearing House classi-
fication, which has been in force between the railway
(/) Except tin- North
(<f) The classification as it appears in the schedules will be found
on p. 3ou, and a list of the articles specified in the classification in
alphabetical order will be found on p. 404.
THE RAILWAY RATES PROVISIONAL ORDERS.
companies themselves for many years past. The three
lowest classes are denoted by the letters A, B, and C, and
contain chiefly minerals and goods of a rough nature,
which are frequently termed " yard " traffic, from the fact
that they can as a rule be dealt with out of doors without the
necessity of loading and unloading in sheds or warehouses.
These three classes correspond to the Clearing House
classes MA, MB, and Special class. The higher classes
of traffic (known as " class " traffic to distinguish them
from " yard " traffic) are divided into five classes, numbered
from 1 to 5, and correspond approximately with the classes
so named in the Clearing House classification.
In the schedule of the North Easfern the general condi- North
tions are similar to those of the Scotch companies (h) ; but Eastern -
Part II. (animals) is similar to that of the English schedules.
The Confirming Act and formal order of the Irish com- Irish com-
panies are the same as those of the English companies. P anies -
The general conditions are also the same, except that the
Irish schedule has a special tariff for brewers' returned
empties (/). Part I. is, of course, different, and so is
Part II. (animals). Parts III. to VI. inclusive and the
classification are the same as those of the English companies.
The Confirming Act and formal order of the Scotch Snotch corn-
companies are similar to those of the English and Irish
companies ; the general conditions (/ ) , however, are slightly
different, the provision of trucks for class A traffic being
included in the rate. This leads to a modification of
clause 2, and to the omission of clause 9 ; and conse-
quently the remaining clauses do not correspond numeri-
cally with those of the English and Irish companies.
Part I. varies with the different companies. Part II.
(animals) is the same for all the Scotch companies, but
differs from that of the English and Irish schedules.
Part III. carriages, Part IV. exceptional, Part V.
perishables, and Part VI. small parcels, and the classifica-
tion are similar to those of the English and Irish schedules.
(h] See p. 331. (i) See p. 336.
PART THE FIRST.
CONTAINING
THE LAW RELATING TO THE CARRIAGE OF
MERCHANDISE BY RAILWAY.
CHAPTER I.
THE RAILWAY AND CANAL COMMISSION.
THE Court having special jurisdiction in railway matters
is the Railway and Canal Commission. It has powers to
some extent executive as well as judicial, and it is proposed
to state shortly the nature and extent of its jurisdiction
and the manner in which it has been administered. The
Railway and Canal Commission, as constituted hy the
Railway and Canal Traffic Act, 1888 (a), consists of two
appointed Commissioners (), appointed on the recommen-
dation of the Board of Trade ; and three ex offido Com-
missioners, judges of the superior Caurts (c), one being
nominated for England, one for Scotland, and the third
for Ireland. Not less than three Commissioners are to
attend at the hearing of any case, and the ex offido Com-
missioner is to preside, and his opinion on a point of law
is to prevail (d). And there is provision made for the
(<,} 51 A: 5-J Viet. C. 25.
(It) Tin- appointed Commissioners are Sir Frederick Peel and
Viscount Cobham (September, 1891).
(r) Th" '.'///> /o ( 1 oiiiini-sion<T- ;nv Mr. Justice Wills (England),
Lord TrayiuM- (Scotland), and Mr. Justice Murphy (Ireland).
(d) :>\ & -vj Y . o, 25, s. 5, sub-
THE RAILWAY AND CANAL COMMISSION.
nomination of a temporary Commissioner in the place of
any appointed or ex officio Commissioner, who may be
unable to attend at the hearing of any case (e) .
Jurisdiction.
The jurisdiction conferred on the Court of Common
Pleas by the Traffic Act of 1854 (/), and that conferred
on the old Railway Commissioners by the Regulation of
Railways Act, 1873 (.(/), the Board of Trade Arbitrations
Act, 1874 (//), the Telegraph Act, 1878 (i), and the Cheap
Trains Act, 1884 (/), is now vested in the Railway and
Canal Commission (I) ; and, in addition, several fresh
powers are conferred upon them by the Act of 1888 itself.
This jurisdiction, besides including some matters which
are not pertinent to the subject of this book, embraces
the following heads, which require to be separately dealt
with :
Undue Preference.
Facilities for Traffic.
Traffic on Steamboats.
Through Rates.
Rate Books.
Terminals.
The legality of Rates.
Obligations contained in Special Acts.
Provisions relating to Private Branch Railways or
Sidings.
References under the Board of Trade Arbitrations
Act, 1874. (See p. 147.)
(e) Ibid. s. 5, sub-ss. 6, 7.
(/) 17 & 18 Viet. c. 31, ss. 2, 3.
(g) 36 & 37 Viet. c. 48.
(A) 37 & 38 Viet. c. 40.
(t) 41 & 42 Viet. c. 76.
(&) 46 & 47 Viet. c. 34, s. 3.
(I) 51 & 52 Viet. c. 25, s. 8.
CARRIAGE OF MERCHANDISE BY RAILWAY.
Finally, the Court is a court of record (m), and of
co-ordinate jurisdiction with the Queen's Bench Division,
and bound by their decisions (n), and an appeal will lie on
any question, not being a mere question of fact or of locus
standi, straight to the Court of Appeal (o).
Wlio may make Complaints to the Railway and Canal
Commission,
Under the Traffic Act of 1854 (p), " any company or
person " was empowered to make complaint to the Court
of Common Pleas of a contravention of that Act, and upon
the certificate of the Board of Trade the Attorney- General
or Lord Advocate were given the like power.
And under the Act of 1873 (<?), any person (which by
the definition clause (/) includes a body of persons corpo-
rate or unincorporate) complaining of anything done or of
any omission made in violation or contravention of sect. 2
of the Traffic Act of 1854, or of sect. 16 of the Regulation
of Bail ways Act, 1868 (*), or of the Act of 1873, or of any
enactment amending or applying the same respectively,
might apply to the Commissioners, and upon the certificate
of the Board of Trade alleging any such violation or con-
travention, any person appointed by the Board of Trade
in that behalf (t) might in like manner apply to the
Commissioners.
The Act of 1888 (it) transferred to and vested in the
(m) 51 & 52 Viet. c. 25, s. 2.
(/*) Sowerby v. O. N. /,'//. Ob., 7 Times L. E. 260.
(o) 51 & 52 Viet. c. 25, s. 17.
(p) 17 & 18 Viet. c. 31, s. 3.
(7) 36 & 37 Viet. c. 48, s. 6.
(V) Ibid. s. 3.
() This section provided for equality of treatment where com-
panies were parties to the carriage of goods by sea.
(t) It is believed that this power of the Board of Trade has not
yet been exercised.
(/) 51 & 52 Viet. c. 25, s. 8.
THE RAILWAY AND CANAL COMMISSION. 9
Bailway and Canal Commission all the jurisdiction and
powers which at the commencement of this Act were
vested in or capable of being exercised by the Bail way
Commissioners, whether under the Act of 1873 or any
other Act. And this Act also enables certain local autho-
rities and bodies of traders to make complaint to the Kail-
way and Canal Commission.
The statute enacts (?r) :
Sub-s. (1). "Any of the following authorities, that is Provision for
to Say complaints
by puhlK!
(a) any of the following local authorities, namely, any authority in
harbour board, or conservancy authority, the Com-
mon Council of the City of London, any council of
a city or borough, any representative county body
which may be created by an Act passed in the
present or any future session of Parliament, any
justices in quarter sessions assembled, the Com-
missioners of Supply of any county in Scotland,
the Metropolitan Board of Works, or any urban
sanitary authority not being a council as aforesaid,
or any rural sanitary authority ; or
(b) any such association of traders or freighters, or
chamber of commerce or agriculture as may obtain
a certificate from the Board of Trade that it is, in
the opinion of the Board of Trade, a proper body
to make such complaint,
may make to the Commissioners any complaint which the
Commissioners have jurisdiction to determine, and may do
so without proof that such authority is aggrieved by the
matter complained of, and any of such authorities may
appear in opposition to any complaint which the Com-
missioners have jurisdiction to determine in any case
where such authority, or the persons represented by them,
appear to the Commissioners to be likely to be affected by
(w) Ibid. B. 7.
CARRIAGE OF MERCHANDISE BY RAILWAY.
any determination of the Commissioners upon such com-
plaint."
Sub-s. (2). " The Board of Trade may, if they think fit,
require, as a condition of giving a certificate under this
section, that security be given in such manner and to such
amount as they think necessary, for any costs which the
complainants may be ordered to pay or bear."
Sub-s. (3). "Any certificate granted under this section
shall, unless withdrawn, be in force for twelve months
from the date on which it was given."
Although these local authorities and bodies of traders
have power to make complaints to the commission " with-
out proof that the authority is aggrieved by the matter
complained of," yet, on a similar clause under the Act of
1873, the old Eailway Commissioners refused to grant relief
where neither the complainants, nor the inhabitants of their
district, nor the persons on whose behalf the complaint was
preferred were in any way connected or identified with the
matter complained of (#) ; and in a recent case, the Court
laid it down that the provision in question does not require
the Court necessarily to redress fanciful, or merely theo-
retical inequalities of charge or preferences of any other
description; and that, "if it was established that the
matters complained of were such as could not affect the
interest of the applicants or the trade which they repre-
sented, it would be quite within the competence of the
Court to refuse to give judgment upon an academic
discussion presumably under such circumstances with very
imperfect information" (y). But under the provisions of
sect. 7, the objection that what is complained of does not
hurt the applicants must be dealt with somewhat strictly,
and it is sufficient to warrant the application and to call
(x) Londonderry Harbour Commissioners v. Q. N. By. Co., 5 B.
& Mac. 282.
(y) Liverpool Corn Trade Association v. L. & X. If. Ry. Co., (1891)
1 Q. 15. rjo, 126.
THE RAILWAY AND CANAL COMMISSION. 11
on the Court for its interference if the practices complained
of, whether their present effect be serious or trivial, are in
themselves legally objectionable, and if they may lead to
consequences injurious to the interests of those represented
by the applicants (c) .
In spite of the wide terms of this section, it seems Through
doubtful whether a local authority or body of traders rt
could propose a through rate ; their powers with regard
to through rates are probably limited to making a com-
plaint of unreasonable charges to the Board of Trade
under sect. 31 of the Act of 1888, and it will probably be
held, as the Commissioners held under the Act of 1873,
that such authority has no power, as such, to propose a
through rate (a).
In addition to the local authorities mentioned in this
section, port and harbour authorities are specially em-
powered, by sect. 30 of the Act of 1888, to make complaint
to the Railway and Canal Commission of any undue pre-
judice or disadvantage to which their dock may be subjected
by a railway company (b) .
(z) Ibid.
(a) Ayr Harbour Trustees v. Glasgow & S. W. Ry. Co., 4 B. &
Mac. 81 ; and see post, p. 69.
(b} See post, p. 58.
CARRIAGE OF MERCHANDISE BY RAILWAY.
CHAPTER II.
THE BOARD OF TRADE.
THE Board of Trade have, as is well known, considerable
powers of an administrative character over and in relation
to railway companies. In addition to these, the Traffic
Act of 1888 (a) conferred upon them certain powers of a
quasi- judicial character.
(1.) We have seen (b) that under that Act the Board of
Trade were entrusted with the duty of making and sub-
mitting to Parliament a classification of traffic and schedule
of rates of each railway company.
(2.) The Board of Trade are given power to hear appli-
cations on the part of any person or railway company for
the addition to the classification of traffic of any articles,
and to determine the same as they may think right (c).
(3.) The Board of Trade are given power to prescribe
the form in which a railway company, desirous of making
any increase in their tolls, rates, or charges published in
their rate-books, are to give the fourteen days' notice to
the public required of their intention to do so (d) .
(4.) The same Act has attempted to give to the Board
of Trade a conciliatory jurisdiction, under which any
trader can make complaint to the Board of Trade of any
() 51 & 02 Viet. c. 25.
(/>) Ante, pp. 1 et 8eq.
(c) 51 & 52 Viet. c. 25, s. 24, sub-s. 11.
(d} Ibid. B. 33, sub-s. 6. As to the form prescribed by the Board
of Trade, seep. 451.
THE BOARD OF TRADE. 13
unfair treatment to which he is subjected by a railway
company.
Section 31 of the Traffic Act of 1888 provides as
follows :
Sub-s. (1). " Whenever any person receiving or sending Complaints
or desiring to send goods by any railway is of opinion TradTof ui
that the railway company is charging him an unfair or an reasonable
unreasonable rate of charge, or is in any other respect ra iiway
treating him in an oppressive or unreasonable manner, companies,
such person may complain to the Board of Trade."
Sub-s. (2) . "The Board of Trade, if they think that there
is reasonable ground for the complaint, may thereupon
call upon the railway company for an explanation, and
endeavour to settle amicably the differences between the
complainant and the railway company."
Sub-s. ('*). " For the purpose aforesaid, the Board of
Trade may appoint either one of their own officers, or any
other competent person to communicate with the com-
plainant and the railway company, and to receive and
consider such explanations and communications as may be
made in reference to the complaint ; and the Board of
Trade may pay to such last-mentioned person such remu-
neration as they may think fit, and as may be approved
by the Treasury."
Sub-s. (4). " The Board of Trade shall from time to time
submit to Parliament reports of the complaints made to
them under the provisions of this section, and the results
of the proceedings taken in relation to such complaints,
together with such observations thereon as the Board of
Trade shall think fit."
Sub-s. (5). "A complaint under this section may be
made to the Board of Trade by any of the authorities
mentioned in section seven of this Act, in any case in
which, in the opinion of any of such authorities, they or
any traders or persons in their district are being charged
unfair or unreasonable rat^s by a railway company ; and
all the provisions of this section shall apply to a complaint
CARRIAGE OF MERCHANDISE BY RAILWAY.
so made as if the same had been made by a person entitled
to make a complaint under this section."
Where a person interested in through traffic by railway
or canal is desirous of obtaining a through rate under
sect. 25 of the Act of 1888, the making of a complaint to
the Board of Trade under this section is, as we shall see (c) 9
a necessary preliminary to an application to the Eaihvay
Commissioners.
The Board of Trade regard this conciliatory jurisdiction
as only to be exercised in cases of small or of only par-
ticular importance. They say :
"Although in the opinion of the law officers of the
crown, 'the conciliatory jurisdiction of the Board of
Trade under this section is not excluded merely by reason
that a complaint involves questions of undue preference,
or by reason that questions of undue preference may ariso
in relation to a settlement suggested by the Board of
Trade,' the Board of Trade consider that it would be futile
to attempt to arrange, without power of enforcing their
determination, questions of large importance which need
the action of a High Court, and desire to direct their
attention chiefly to such cases of limited or particular im-
portance as would justify the suggestion of a settlement
on their part" (/).
(e) Post, p. 64.
(/) Report of the Board of Trade under sect. 31 of tlie Railway
and Canal Traffic Act, 1888, 16th May, 1890.
CHAPTEE III.
DUE AND REASONABLE FACILITIES.
SECTION 2 of the Traffic Act, 1854 (17 & 18 Viet. c. 31),
provides :
" Every railway company, canal company, and railway Facilities,
and canal company shall, according to their respective
powers, afford all reasonable facilities for the receiving
and forwarding and delivering of traffic upon and from
the several railways and canals belonging to or worked by
such companies respectively, and for the return of car-
riages, trucks, boats, and other vehicles ; and no such Undue
company shall make or give any undue or unreasonable pre lce *
preference or advantage to or in favour of any particular
person or company, or any particular description of traffic,
in any respect whatsoever, nor shall any company subject
any particular person or company, or any particular descrip-
tion of traffic, to any undue or unreasonable prejudice or
disadvantage in any respect whatsoever ; and every railway Through
company, and canal company, and railway and canal com- traffic -
pany, 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 unrea-
sonable delay, and without any such preference or advan-
tage 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 reason-
able accommodation may, by means of the railways and
16 CARRIAGE OF MERCHANDISE BY RAILWAY.
canals of the several companies, be at all times afforded to
the public in that behalf."
In dealing with this section, in the Hastings Case (a),
Lord Selborne said : The obligations imposed upon railway
companies by this statute "are substantially three in
number : First, a positive obligation to afford, according
to their respective powers, all reasonable facilities for the
receiving, forwarding, and delivering of traffic, upon and
from the several railways and canals belonging to or
worked by such companies respectively, and for the return
of carriages, trucks, boats, and other vehicles " . . . . ;
the second obligation is to give no undue preferences ; the
third, to do whatever may be necessary to enable the
company's own line, and any other line connected with or
having a terminus near it, to be used by the public as a
continuous line of communication.
The important question of through rates will be dealt
with separately, p. 63, and that of undue preference,
p. #2.
Obligations Before the passing of this statute railway companies
of goods" 8 ^ were bound to carry troops (b), and they are now bouud to
carry mails (c) ; but otherwise the duty of railway com-
panies to carry any particular class of goods depended
upon whether they did or did not profess to carry
such goods as common carriers. The Railways Clauses
Consolidation Act, 1845, did not impose on them any
duty to carry goods of which they were not common
carriers by their own conduct and profession (d). The
Trallic Act of !<So4, however, above mentioned, materially
altered the law in this respect ; and railway companies are
now bound to provide facilities for carrying animals or
(a) 8. E. Ry. Co. v. //.//////// <'<>/,, . :; \. \ M.ie. 464,
506 ; 6 Q. B. Div. 586,
(b) 7 & 8 Viet. c. 85, s. TJ.
(c) u<; & :;; Viet. c. 48, B, is,
(d) Johnson v. ,!//<//<///'/ Ry. Co., 4 Exch. 367; Hare \. L. & N.
W. Ry. Co., 2 J. & H. 80.
DUE AND REASONABLE FACILITIES. 17
particular classes of goods, with the exception, possibly, of
specially dangerous goods (c). And the duty thus im-
posed upon railway companies is inconsistent with their
right to refuse to carry any particular class of goods or
animals which they have facilities for carrying, and is
inconsistent with their right to refuse to carry such goods
or animals except upon terms which are unreasonable (/) .
And this obligation is not merely confined to traffic on the
main line, for under the above section it is no longer
competent for a railway company which has undertaken a
particular description of traffic to deny the jurisdiction of
the Eailway and Canal Commission Court to take into
consideration the legality of its conduct in respect of that
kind of traffic upon some particular branch of its line (y) .
And in giving judgment on the merits in the case last
referred to, Wills, J., said: "Up to that time (the Act
of 1854), as was pointed out by the Court of Appeal in
Dic/ison v. G. N. Ry. Co. (/*), the obligations of railway
companies were simply those of common carriers. Inas-
much as no common carrier was bound to carry any
particular class of traffic, a common carrier, being a
railway company, was equally with other common carriers
entitled to say : ' I am not a common carrier of passengers,
I am not a common carrier of coal, I am not a common
carrier of this, or that, or the other, and therefore you
must not expect me to carry it.' Then came the Act of
1854, which, as the Court of Appeal in that case laid
down, made a radical alteration in the obligations of a
railway company ; and it compelled them, whether they
liked it or not and, it seems to me, whether it were
profitable or not, to give reasonable facilities according to
(e] Bail-ways Clauses Act, 1845 (8 Yict. c. 20), s. 105.
(/) Dickson v. (?. N. By. Co., 18 Q. B. Div. 176, 184.
(9} Winsford Local Board v. Cheshire Lines Committee, 24 Q. B.
D. 456; 7 B. & Mac. 72.
(7i) Winsford Local Board v. Cheshire Lines Committee, 7 B. &
Mac. 72, p. 82.
D. C
18 CARRIAGE OF MERCHANDISE BY RAILWAY.
their power for receiving, despatching, and dealing with
traffic. . . . Now the Act of Parliament, as it seems to
me, says nothing ahout whether a particular species of
traffic is profitable or not, I quite agree that the extent to
which it is a profitable or a losing traffic cannot be
entirely excluded, because if there is no substantial traffic
to be accommodated no one can say that any special
facilities for supplying the necessities of a non-existent
traffic are called for. But it seems to me that the moment
you establish that there is a serious, substantial, and
considerable traffic to be dealt with upon that line, and
seeking to go along that line, you bring the case within the
Act of Parliament, and reasonable facilities must be
afforded. But, of course, on the question of what are
reasonable facilities, these matters might fairly be taken
into account."
Excuses in- The obligation is to afford due and reasonable facilities,
and, if reasonable, tjie obligation to afford them is not
limited by the convenience of the company (e), nor owing
to disputes between different railway companies inter se(k),
nor, within limits as to what is reasonable, by considera-
tions as to whether the facilities, when afforded, will
remunerate the company (/) . Nor will a company be
allowed to escape from these obligations because, by their
own carelessness, or by a misuse of the powers conferred
on them by their special Acts, they have rendered the
performance of those obligations more difficult (m).
(/) Victoria C,, I and Iron Co. v. Neath & Brecon Ry. Co., 3 N. &
Mac. 37.
(k) Maidstone Town Council v. S. E. Jty. Co., 7 B. & Mac. 99.
See Eeport in Times, 13th Jan. 1891 ; Watson v. O. W. Ry. Co.,
9th Annual Report of Railway Commissioners, 12 ; Hammaus,
Foster & Co. v. Q. W. Ry. Co., 4 I*. 181.
(/) Winsford Local Board v. Cheshire Lines Committee, 7 B. &
Mac. 72, 83.
(m) Putney Overseers v. L. & S. W. Ry. Co., (1891) 1 Q. B. 440,
and see last case.
DUE AND REASONABLE FACILITIES. 19
Similarly, the obligation to afford facilities is not depen-
dent upon mutual arrangements between different com-
panies (), and, where continuous communication exists
by railway belonging to two or more companies, it is
reasonable that such companies should afford one another
facilities for transferring traffic at the points of junction (o).
And special power is given to the Eailway and Canal
Commission to make orders for facilities, notwithstanding
any agreements between companies that have not been
confirmed by the Board of Trade or the Eailway and
Canal Commission (p).
In a proper case the Court will make an order on a Structural
railway company to afford due and reasonable facilities,
though such facilities may involve structural alteration^),
although it has no power to order a particular alteration (r) ;
and, if necessary, can make an order on two or more com-
panies, who may be ordered to make mutual arrangements
to carry into effect any orders of the Commission Court,
and to submit a scheme for carrying the same into effect (s) ;
and such an order has recently been made (t) .
In considering what is a reasonable amount of accom- Limitation to
modation, however, regard must be had to the general tra c '
(?z) Watson v. G. W. Ey. Co., 9 Reports of Eailway Commissioners,
12 ; James v. Taff Vale Ey. Co., 3 N. & Mac. 540.
(o) Ibid.
(p] Act of 1888, s. 11.
(7) South Eastern Ey. Co. v. Eailway Commissioners, 6 Q. B. Div.
506 ;^/B. & Mac. 464; L. & S. W. Ey. Co. v. Stainea Ey. Co.,
4 B. & Mac. 48; CaterhamEy. Co. v. L. B. & S. C. Ey. Co., 1 B. &
Mac. 32; Swansea Tramways Co. v. Swansea & Mumbles Ey. Co.,
3 N. & Mac. 339 ; Newry Nav. Co. v. O. N. Ey. Co., 7 B. & Mac.
176.
(r} South Eastern Ey. Co. v. Eailway Commissioners, 6 Q. B. Div.
506.
(s) Act of 1888 (51 & 52 Viet. c. 25), s. 14.
[*) Maidstone Town Council v. S. E. Ey. Co. and L. C. & D. Ey.
Co., 7 B. & Mac. 99.
c2
20 CARRIAGE OF MERCHANDISE BY RAILWAY.
traffic of the company (u), for the Traffic Acts do not
require a railway company to find accommodation further
than it is the interest of railway traffic that it should
he found (ic) ; and sect. 2 of the Traffic Act of 1854 is to
be limited to the conveyance and transport of traffic, and
to acts done hy the company in their capacity of railway
or canal carriers. Thus the facilities required hy this sec-
tion must be in the receiving, forwarding, or delivering of
traffic, and not in connection with some distinct business,
such as that of dock-owners, carried on by them(.r).
Necessary Thus the construction of all works necessary for the
accommodation of traffic, and the safety of passengers, is
a reasonable facility to be afforded by railway com-
panies (y) ; but they will not be ordered to construct works
or to take land though offered them gratis (z) or to do
other matters which will require them first to obtain
powers from Parliament for the purpose (a).
Inconvenience And, further, the public inconvenience, sought to be
proportion to remedied by the facilities asked for, must bear some pro-
expense, portion to the inconvenience or expense which would be
caused to the railway company in complying with an order
to grant the facilities. And so the Commission Court
refused to order a railway company to convert a station,
at a sea-port, which had always been used as a passenger
station, into a goods station to accommodate the traffic of
two boats only, seeing that there was already a goods
station in the same town a short distance off, and there
(;/) Barret v. O. N. Ry. Co., 1 N. & Mac. 38.
(;/') J foli/head Local Board v. L. cfc A". II". /'//. Co., 4 B. & Mac. 37.
() K<i*t a \\'t ////" />'"/. Co. v. ,s'//rm', 39 Ch. D. 524; and see
. /.. ,t A". II". /,'//. ''"., L. R. 5 C. P. 622; 1 N. & Mac. 166;
/:.,-, H'l.ii*- v. L. & s. ir. //... '... L. i;. i i:\. 137.
(//) /.. t flf. II". ////. Co. v. Stain** /.'//. Co., 3 N. & Mac. 48.
(z) Harris v. L. & ,S. II'. ////. Oo., 3 X. & Mac. 331 ; X,irn/ A'ar.
Co. v. O. N. Ry. Co., 7 B. & Mao, 17J.
(a) Jbiil.; Thomas v. Korth ,S7//.././. /,'//. Co., 3 N. & Mac. 1;
8. E. Ry. Co. v. Raihrny Commissioners, 6 Q. B. Div. 586.
DUE AND REASONABLE FACILITIES. 21
was no binding agreement between the shipowners and the
railway company to ensure a continuance of the traffic, and
the railway company had no power to make a goods
station without acquiring fresh land (b) . And that although
continuous communication existed between the passenger
station and the goods station.
There is no obligation on railway companies to establish Booking office
booking offices on places off their line of railway for the
collection of traffic, because, although it is for the benefit
of places situate some miles from a railway that there
should be persons to collect and deliver goods regularly as
carriers, a railway company is not responsible for making
arrangements for carrying by road in addition to its proper
business of carrying by railway (c) .
Through booking of traffic is a facility which railway Through
companies ought to give (d) ; and where railways owned ]
by different companies are coterminous and form a con-
tinuous line (c) , the companies are bound to use their
utmost diligence in sending traffic by their respective
routes (/)// A route will not, however, be considered a
continuous line of railway communication until the works
necessary for interchange of traffic at a junction on the
route have been sanctioned by the Board of Trade (g).
The obligation to afford all reasonable facilities for traffic "According
is imposed on all railway companies " according to their powers'."
respective powers" (/*), and, as some railway companies
possess, under their special Acts, larger powers than others,
(6) Newry Navigation Co. v. G. N. Ry. Co., 7 B. & Mac. 176.
(c) Dullin & Meath Ry. Co. v. M. G. W. Ry. Co., 3 N. & Mac.
379; and cf. Aberdeen Commercial Co. v. Gt. North of Scotland Ry.
Co., 3 N. & Mac. 205 ; 6 Court Sess. Gas. (4th Ser.) 67.
(d) Lines v. L. B. & S. C. Ry. Co., 2 N. & Mac. 155.
(e) As to through rates, see p. 63.
(/) Victoria Colliery Co. v. Mid. Ry. Co., 3 N. & Mac. 37.
(g} Hammans, Foster & Co. v. G. W. Ry. Co., 4 B. & Mac.
181.
(h) Act of 1854 (17 & 18 Viet. c. 31), sect. 2.
22
CARRIAGE OF MERCHANDISE BY RAILWAY.
Obligations
under special
Acts.
Facilities
must be of a
public
character.
Stations.
so the facilities they are required to afford are extended or
limited (/).
The Railway and Canal Commission have now been
given a very wide jurisdiction to enforce obligations im-
posed upon railway companies by special Acts (j) . These
obligations are of a very varying character, and are too
numerous and of too special a character to be discussed
here, but the special Acts of any particular railway com-
pany must be referred to in order to ascertain the obliga-
tions of that company.
From the decisions of the Court of Common Pleas under
the Traffic Act of 1854, it would seem that, to obtain an
order for due and reasonable facilities against a company,
the facility required must be of a more or less public
character, and that an order would not be made to remedy
a mere private grievance (k) ; and on similar grounds the
old Railway Commissioners have refused to order a railway
company to construct a private siding for the convenience
of a particular trader (/).
A railway company is under no obligation (apart from
any specific provisions in its special Acts) to establish a
station at any particular place along its line (HI), or, having
established it, to provide it with every possible facility ; it
is sufficient if the accommodation provided is sufficient
() Tharsis Sulphur and Copper Co. v. L. & N. W. Ry. Co., 3
N. & Mac. 455; n'"//r///.so// y. ll'n.i'//<nn, Mol<l, and Cmtndh's Quay
Ry. Co. (No. 2), 3 N. & Mac. 164 ; and (No. 3) Hid. 446. And see
(i. IT. lly. Co. v. Bristol Port Ittii/m,,/ ( ,d /'/Vr Co., 5 B. & Mac. 94;
Thomas v. N. Staffordshire ////. t'o. t 3 N. & Mac. 9.
(j ) Act of 1888 (51 K 52 Viet. c. 25), sect. 9.
(*) Iliirret v. (/. N. %. Co., 1 N. & MM.-. 38; Btadellv. E. C.
Ry. Co., Ilii'l. 50; /W///r v. / 11. a'- N. 0* /.'//. ('<>., I bid. 58;
Ilfracombe l'nl>/i<- <':>,<>; >/<i, ice Co. v. L. <fc ,s. II". /'//. Co., Ibid. 61.
(1) Dul'l In If 7< />/.v.y 7>/W/7/i/v/ Co. v. M. G. W.Ry. Co., 4 B. & Mac.
32 ; but as to private sidings, see post, p. 'J5.
(m) S. E. Ry. Co. v. Railway Commissioners, 6 Q. B. Div. 592 ;
3 N. & Mac. 464.
DUE AND REASONABLE FACILITIES. 23
having regard to the class of traffic at the station (;?) ; but,
if a railway company with sufficient powers keep its
platforms and booking offices in such a state as to cause
dangerous and obstructive confusion, it is guilty of a con-
travention of this section of the Act of 1854 (0). On the
other hand, where a particular station of a company was
already fully occupied by mineral traffic, and the company
were not able to enlarge it without getting additional
powers from Parliament, on the application of a trader
asking that the company might be ordered to deliver
perishable merchandise to him at the station in question
instead of at a neigbouring station, the Commissioners
refused to order the company to do so (/;). And a few
instances of traffic consigned to a place by a particular
route (q) 9 or by a particular carrier (r), and inadvertently
sent to the consignee in another manner, are no ground
for an injunction under the Traffic Acts, though they may
become so if sufficiently frequent to amount to an undue
prejudice of the particular route or particular carrier ().
Whether the Eailway and Canal Commission have
power to order a railway company to turn a passenger
station into a goods station also is doubtful, but they will
not do so where, if they did so, the railway company would
be compelled to acquire new land in order to comply with
the order, as such a course would not be reasonable (t).
Where a siding has been conveniently planned to enable Sidings :
(n) Hohjhead Local Board v. L. & N. W. Ey. Co., 4 B. & Mac. 37.
(o) S. E. By. Co. v. Eailway Commissioners, u~bi supra.
(p) Thomas v. North Staffordshire Ey. Co., 3 N. & Mac. 1.
(q) Fordv. L.& S. W. Ey. Co., 63 L. T. N. S. 841 ; 6 B. &Mac. Ill ;
Londonderry Harbour Commissioners v. G. N. By. Co., 5 B. & Mac.
282 ; City of Dublin Steam Packet Co. v. L. & N. W. By. Co., 4 B. & Mac.
10 ; Ayr Harbour Trustees v. G. & S. W. Ey. Co., 4 B. & Mac. 90.
(r] Hammans, Foster & Co. v. O. W. Ey. Co., 4 B. & Mac. 181.
() Ford v. L. & S. W. Ey. Co., 63 L. T. N. S. 841 ; 6 B. &
Mac. 111.
(t} Newry Nov. Co. v. G. N. Ey. Co., 7 B. & Mac. 176.
CARRIAGE OF MERCHANDISE BY RAILWAY.
Collection of
trucks.
Facilities at
sidings.
The provision
of sidings.
a railway company to have access to it, and the company
have at that place no reserve line of their own, it is only a
reasonable facility that the railway company should run
their engine over a portion of the siding without extra
payment, in order to collect the trader's trucks, if the
trucks have been arranged in proper order as near the
main line as they could be with safety (u) .
By the schedule to the Provisional Orders (*), it is now
provided that a company may charge for services rendered
by the company at or in connection with sidings not
belonging to the company, when rendered to a trader at
his request or for his convenience, a reasonable sum by
way of addition to the tonnage rate. The question is
whether this provision alters the decisions above referred
to. Probably that will -to some extent be so. Provision
is made for the determination of what is a reasonable sum,
which will therefore be in the nature of a quantum Htentit,
and the railway company will therefore be able to
recover the equivalent of any work actually performed by
them.
The facilities which a railway company will be ordered
to provide in connection with sidings must depend on the
powers given and obligations imposed upon them, but in
suitable cases signalling (w), and the supply of trucks when
required (a?), have been ordered.
Whether the old Railway Commissioners had any power
to order the provision of a private siding as a facility may
be doubtful. They refused to make such an order where
the result would have been that the general traffic of the
(u) W<ttkiiixu v. I Vrr.i /<'////, Mold, and Connalis Quay Ry. Co., 3
N. & Mac. 5; Tharsis ,sWy*W <md Copper Co. v. L. & N. Jl'. 7,'y.
Co., 3 N. & Mac. 455.
(v) Schedule to Prov. Orders, sect. 5, sub-s. 1, p. 189.
(w) L. & S. W. Ry. Co. v. Staines Ry. Co., 3 N. & Mac. 48.
(r) Tharsis tiulphur and Copper Co. v. L. & N. W. Ry. Co., 3
N. & Mac. 455.
DUE AND REASONABLE FACILITIES. 25
railway would have been interfered with (//) ; but intimated
that in a case where a private siding was already in exist-
ence, but the railway company refused to allow the trader
to continue to use it, though they allowed the trader's
rivals in trade to use similar private sidings, the Court
would be prepared to issue an injunction against the
railway company on the ground of undue preference (z) .
An important extension of the jurisdiction of the Jurisdiction
Eailway and Canal Commission, in respect of sidings, has
been made by sect. 9 of the Act of 1888, which gives the
Court jurisdiction to entertain a complaint of the contra-
vention of an enactment in any Act containing provisions
relating to private branch railways or private sidings (a).
The following provisions in general Acts refer to private
branch railways and sidings :
Sects. 18 and 19 of the Eegulations of Bail ways Act,
1840 (6), confer on the Board of Trade power to determine
disputes as to the proper places for openings in the ledges
or flanches of a railway.
Sect. 12 of the Eailway Eegulation Act of 1842 (c)
gives power to the Board of Trade to direct that such
openings in any passenger railway (d) shall be made
subject to such conditions as they shall direct.
Sect. 76 of the Eailways Clauses Act of 1845, after Sidings under
providing that nothing in that Act or the special Act of
the railway company is to prevent the owners or occupiers
of land adjoining the railway from laying down collateral
(y) Dublin Whiskey Distillery Co. v. M. G. W. By. Co., 4 B. &
Mac. 32.
(z) Beeston Brewery Co. v. Mid. Ry. Co., 5 B. & Mac. 53; and cf.
Girardot, Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 291.
(a) Act of 1888 (51 & 52 Viet. c. 25), sect. 9.
(6) 3 & 4 Viet. c. 97.
(c) 5 & 6 Viet. c. 55.
(d ) A railway was not to be considered a passenger railway if
two-thirds or more of its gross annual revenue was derived from
the carriage of coals, ironstone, or other metals or minerals.
26 CARRIAGE OF MERCHANDISE BY RAILWAY.
branches of railway to communicate with the railway,
proceeds, "And the company shall, if required, at the
expense of such owners or occupiers and other persons,
and subject also to the provisions of the said last-men-
tioned Act (e), make openings in the rails, and such addi-
tional lines of rail, as may be necessary for effecting such
communication in places where the communication can be
made with safety to the public, and without injury to the
railway, and without inconvenience to the traffic thereon ;
and the company shall not take any rate, or toll, or other
moneys for the passing of any passengers, goods, or other
things along any branch so to be made by any such owner,
or occupier, or other person ; but this enactment shall be
subject to the following restrictions and conditions : (that
is to say),
" No such branch railway shall run parallel to the rail-
way :
" The company shall not be bound to make any such
openings in any place which they shall have set apart
for any specific purpose with which such communica-
tion would interfere, nor on any inclined plane or
bridge, or in any tunnel :
" The persons making or using such branch railways
shall be subject to all byelaws and regulations of the
company from time to time made with respect to
passing upon or crossing the railway, and otherwise ;
and the persons making or using such branch rail-
ways shall be bound to construct, and from time to
time as need may require to renew, the offset plates
and switches according to the most approved plan
adopted by the company and under the direction of
their engineer."
This section, then, can now be administered by the
Railway and Canal Commission.
It has been held under this section that when once an
(e} I.e., to sect. 12 of the Act of 1842, see above.
DUE AND REASONABLE FACILITIES. 27
opening has been made, and communication established
with the assent of the railway company, they cannot
afterwards revoke their consent (./'), and clauses similar to
this contained in special Acts have been held to enure for
the benefit of the occupiers from time to time, not being
confined to the occupiers at the time of passing the special
Act (</) .
And so it seems that when an opening for a siding has
been once made under this section, it becomes a permanent
right, and cannot be taken away because circumstances
have altered, and the railway company are disposed to do
something else with their line (h). But where the siding
is only formed by virtue of some private agreement
between the siding owner and the railway company, with-
out resort to this section, terminable by either party, the
case is otherwise (/).
Since the constitution of the present Eailway and Canal
Commission, the aid of this section has been invoked by a
trader who desired to have a private siding connected with
a railway company's line, but objected to entering into
the usual agreement with the company, on the ground
that its terms were too stringent. The agreement was in
the usual form adopted by the company, and the company
contended that it was so well known, and had been so
carefully considered, that it might almost amount to a
bye-law of the company. Wills, J., said he considered
both parties had put their case too high, and adjourned
the case in order that an arrangement might be come to (/>;) .
(/) Bell v. Mid. Ry. Co., 3 De G. & J. 673.
(y) Bishop v. North, 11 M. & W. 459 ; 3 Eailw. Gas. 459 ; In re
Monkland and Kirkintillock Ry. Co., 3 Eailw. Gas. 273.
(7i) Portway v. Colne Valley and Halstead Ry. Co., 7 B. & Mac.
102.
(i) Ibid. ; Woodruff v. Brecon and Merthyr Tydfil Junction Ry.
Co., 28 Ch. D. 190.
(k} Cobledick v. L. & N. W. Ry. Co., reported only in " Tho
Times," 28th Oct., 1890.
CARRIAGE OF MERCHANDISE BY RAILWAY.
"Wrongful
removal.
Presumption
as to origin.
Provisional
Orders.
But in another case where a railway company had
wrongfully taken up and removed rails forming the con-
nection of a branch railway or siding with the railway
company's main line, the Commission Court ordered and
enjoined the railway company forthwith to restore the
communication between the siding and their main line
at their own expense (in).
It seems that where a trader has a siding upon his own
land, working from his own land on to the railway com-
pany's premises, and there is no evidence of any agree-
ment under which the sidings and the openings in the
railway company's line have been made, the presumption
is that the siding and openings were made under the
statutory powers contained in sect. 76 of the Railways
Clauses Act, 1845 ; and that this presumption is not
rebutted by the fact that the railway company have been
in the habit of repairing the portion of the communication
on their own land, and in isolated cases have executed
repairs on the private siding (n).
In this connection it should be observed, that in the
schedule to the Provisional Orders (o), power is expressly
reserved to the railway company to make, in addition to the
charges specified in the schedule, charges and payments by
way of rent or otherwise for sidings and 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 authorized on his behalf, or deter-
mined in case of difference by an arbitrator to be
appointed by the Board of Trade.
(m) Portvmy v. Colne Valley and Hahtead Ry, Co., 7 B. & Mac.
102.
(n) Ibid. pp. 107, 108.
(o) Clause 7, p. 193.
DUE AND REASON A HI.1, FACILITIES. 29
Whether the making of illegal or excessive rates and Excessive
charges for the carriage of goods is a refusal of reasonable c
facilities within the meaning of the section, so as to amount
to a contravention of the Traffic Acts, has been a question
on which judicial opinion has somewhat differed. In a
Scotch case (JL>), where a company issued a notice that they
would not be common carriers of a particular class of
goods, and would not carry them except at special rates
and under a special agreement, the old Railway Commis-
sioners considered that this constituted a refusal of reason-
able facilities for this class of goods in respect of which an
injunction might be issued against them (q) ; and this
decision was confirmed on appeal by the Scotch Court of
Session, who held that such specially high charges at all
events constituted an " undue prejudice and disadvantage "
of that particular class of goods, which the Commissioners
had power to restrain (r) . This case was under considera-
tion in the English Courts in Brown's Case (*), where a
passenger had been charged a fare in excess of the maxi-
mum authorized. The Divisional Court and the Court of
Appeal, whilst generally approving the Aberdeen case (),
held that charges by a railway company, made in excess of
their statutory maximum, did not constitute a case for
injunction under the Traffic Acts, in the absence of evi-
dence that traffic had actually been stopped by such
charges. Brett, L. J., there said : " The complaint is
founded solely upon the allegation that there has been an
overcharge in the sense that the charge was higher than
(p) Aberdeen Commercial Co. v. Gt. North of Scotland Ry. Co., 6
Court Sess. Cas., 4th Ser. 67 ; 3 N. & Mac. 205.
(?) Ibid.
(r) 3 N. & Mac. 231.
() Brown v. G. W. Ry. Co., 3 N. & Mac. 523; S. C. sub nom.
fr. W. Rij. Co. v. Railway Commissioners, 1 Q. B. D. 182 ; 9 Q. B.
Div. 744.
(t] Aberdeen Commercial Co. v. G. N. Sc. Ry. Co., 3 N. & Mac.
205.
30 CARRIAGE OF MERCHANDISE BY RAILWAY.
the amount which the company were entitled to exact.
There is no statement that the overcharge was made with
the intent to prevent the carriage of any passenger or the
progress of any train ; and there is no statement that the
overcharge is of such an amount or of such a nature as
would prevent the carriage of any passenger or the for-
warding of any train at all ; and it is on account of the
absence of these allegations that it seems to me that the
Eailway Commissioners had no jurisdiction to entertain the
matter. If there was a statement in the complaint that the
overcharge was done with the intent to stop the running
of a train, or prevent a certain number of trains going, as
at present advised, I should think it was matter within the
jurisdiction of the Eailway Commissioners, because such
would prevent the carriage of passengers ; and I am also
inclined to think that if the statement of the complaint
were that there was not simply an overcharge, but an
overcharge so great that it did in fact prevent passengers
going by trains, or did in fact prevent any train being put
on the line which ought to be there, that that would give
them jurisdiction, and that it would be the duty of the
Commissioners to entertain the application."
The Eailway Commissioners, in Young v. Gicacndretli
Valky Ry. Co. (u), held that excessive charges imposed on
traffic subjected it to unreasonable disadvantage, and
amounted to an infringement of the Traffic Act of 1854.
The question was again raised in a slightly different
form in the case of The Dixtimjtnn Iron Co. v. L. fy N. W.
llij. Co. (/). In that case, the applicants, being charged
excessive rates for their traffic, remonstrated against the
charges as excessive and calculated to injure their business,
and wrote a letter to the railway company in which they
stated their intention not to pay more than the legal
charges, and the company thereupon told them that, unless
(u) 4 B. & Mac. 247.
(v) 4 Times L. K. 785 ; u B. & Mac. 108.
m i: AND KKASON.M'.I.T: FACILITIES. -U
the letter was withdrawn, they would not receive or carry
their traffic. The Commissioners, oppressed, no doubt,
with the difficulty of reconciling these two decisions, held
that this constituted a distinct tender of the traffic by the
applicants, and a refusal by the company to receive it,
except on terms which they were not warranted in exacting,
and that this constituted a denial of reasonable facili-
ties. The Divisional Court (ic) , however, refused to adopt
this view, but held that the case was governed by Brown's
i.r), being merely a charge made by the railway com-
pany in excess of their statutory powers.
In spite of the approval the Aberdeen case received in
Broicii's case, it is difficult to reconcile satisfactorily the
dicta of the judges of the Court of Session in the Aberdeen
case with those of the judges in the two English cases
above referred to (y) ; but the question has not now the
importance that it once had, as the Railway and Canal
Commission have now been expressly given jurisdiction in
any question or dispute involving the legality of any toll,
rate, or charge (z) .
(w) Reg. v. Railway Commissioners, 5 Times L. E. 333 ; 22 Q. B.
D. 642; 6B. & Mac. 118.
(x) Brown v. G. W. By. Co., 3 N. & Mac. 523 ; 7 Q. B. Div. 182.
(y) It will be seen that this is not the only question in which
Scotch and English Courts have arrived at different conclusions.
See pp. 53, 61. Where any such disputed question arises, the
Railway and Canal Commission Court will be bound by the deci-
sion of the Courts of the country in which it is sitting (see Macfar-
lane v. N. B. Ry. Co., 4 B. & Mac. 206 ; Menzies v. Cal. Rij. Co., 5
B. & Mac. 306), until the disputed point has been settled by the
House of Lords under sect. 17, sub-s. 5 of the Act of 1888.
(2) Act of 1888 (51 & 52 Yict. c. 25), sect. 10, and see p. 79.
32 CARRIAGE OF MERCHANDISE BY RAILWAY.
CHAPTEE IV.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE.
WHEN railway companies obtained their earliest Acts for
the formation of their lines, but few restrictions were placed
on their dealings with their customers, it being, no doubt,
anticipated that the competition to which they would be
subjected by other forms of land carriage would render
legislation unnecessary. But when it was found that the
railway companies had obtained, not only a monopoly of
the traffic on their own lines, but almost a complete
monopoly of land traffic between the places connected by
railway communication, and that places where competitive
means of transit, as by sea or canal, were still left, enjoyed
a disproportionate advantage, it was considered necessary
to place certain restrictions on the dealings of railway
companies with their customers to secure fairness of treat-
ment. To secure this equality of treatment, various legis-
lative enactments have been passed, and various obligations
have from time to time been imposed upon railway com-
panies in their private Acts. One of the earliest public
enactments having this object in view is sect. 90 of the
Railways Clauses Act, 184 j (a), often known as the
Equality Clause. It is as follows :
Sect. 90, Rail- " And whereas it is expedient that the company should be
Act. S enabled to vary the tolls upon the railway so as to accom-
modate them to the circumstances of the traffic, but that
such power of varying should not be used for the purpose
() 8 Viet. c. 20, s. 90.
THE EQUALITY CLAUSK AM) I'MMM PKKKKUKXCE.
of prejudicing or favouring particular parties, or for the
purpose of collusively and unfairly creating a monopoly,
either in the hands of the company or of particular parties ;
it shall be lawful therefore for the company, subject to the
provisions and limitations herein and in the special Act
contained, from time to time to alter or vary the tolls by the
special Act authorized to be taken, either upon the whole
or upon any particular portions of the railway, as they
shall think fit ; provided that all such tolls be at all times
charged equally to all persons, and after the same rate,
whether per ton per mile or otherwise, in respect of all
passengers, and of all goods or carriages of the same
description, and conveyed or propelled by a like carriage
or engine, passing only over the same portion of the line
of railway under the same circumstances ; and no reduction
or advance in any such tolls shall be made, either directly
or indirectly, in favour of or against any particular
company or person travelling upon or using the railway."
It has been decided that an action will lie under this Enforced by
section for refusing to carry for a particular person upon actlon -
the same terms as for others (b) 9 and also that, where
excessive charges have been made by a company in contra-
vention of this section, an action for money had and
received will lie to recover back the excess of the charges
so made, if they have been paid under protest, or in
ignorance of the facts (c) , and in such a case, the amount
to be recovered must be calculated by ascertaining what
quantity of goods was carried over the line at the higher
rate under the same circumstances, and over the same
portion of the line, at the time the lower rate was charged
to another trader (d) .
(6) Crouch v. G. N. Ry. Co., 9 Ex. 556.
(c) G. W. Ry. Co. v. Sutton, L. K. 4 H. L. 226; Evershed v. L. &
X. W. Ry. Co., 3 App. Cas. 1029.
(d] Denaby Main Colliery Co. v. M. S. & L. Ry. Co., 11 App.
Cas. 97.
D. I)
34
CARRIAGE OF MERCHANDISE 1JY RAILWAY.
Packed Further, the words " goods of the same description " and
" under the same circumstances " are used with reference,
not to the contents of the parcels consigned for carnage,
but to the parcels themselves (i.e., like or different for
purposes of carriage) , and with reference to the conveyance
of the goods, and not to the persons who send them. And,
hence, packed parcels, whatever their contents, are goods of
the same description within this section, and whether sent
by another carrier, or by a wholesale dealer are of the same
description for the purposes of this section (V). And also,
the fact of the goods being about to be applied for
different purposes after arriving at their destination (as
where the goods were to be used by one customer for
shipping to a particular port to open a new market and so
increase the tonnage carried), does not constitute a differ-
ence in the circumstances under which the goods are
carried (/) .
And in this section, the word " tolls " is not confined, as
in certain other places in the Eailways Clauses Act, to tolls
strictly so called for the use of the railway only, but it
includes the rates and charges ordinarily made (g).
But, notwithstanding this, the clause is of limited appli-
cation, for the part of the section relating to equality of
tolls only applies when the journey is between the same
points of departure and arrival (//). It has, therefore, no
application to the case of lower rates being charged for a
long than a short distance (z), nor to a case where charges
are made in pursuance of a traffic agreement with another
((} a. jr. /;//. Go. \. x,,ff,,n, L. R. 4 n. L. 220.
(/) Denaby M'liu Cottiery ('<>. y. M. S. & L. Ry. Co., 11 App.
Gas. 97,
(</) L. & N. W. Ry. Co. v. / :J App. Gas. 1029.
(A) Dcitdl'f/ MHI'II CiJ/i-r'/ ('. \. M. N. ,(' /,. !{>/. ('o,^ .s^/y,m.
(*') A.-<i. v. Hu'nu'n'/linm fin-l Ihrlij Jtnniiu,/ Uy. Co., 2 Ivaihv.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 35
company under sect. 87 of the Eailways Clauses Act,
1845 (*).
Undue Preference.
The Bail way and Canal Traffic Act of 1854 provides
that no railway company shall make or give any undue or
unreasonable preference or advantage to or in favour of
any particular person or company, or any particular
description of traffic in any respect whatsoever, nor shall any
such company subject any particular person or company,
or any particular description of traffic, to any undue or
unreasonable prejudice or disadvantage in any respect
whatsoever (/) .
But though this statutory duty is thus thrown on the How
railway companies, the only place it can be enforced in is
the Court of the Eailway and Canal Commission. The
power to enforce this enactment was originally vested
(by the same Act) in the Court of Common Pleas, after-
wards by the Eegulation of Eailways Act, 1873 (36 & 37
Viet. c. 46), sect. 6, transferred to the Eailway Commis-
sion, and finally by the Traffic Act of 1888, sect. 8, to the
present Eailway and Canal Commission.
Undue or unreasonable charges which prejudice a par- High Court
ticular trader by preferring others to him, cannot be tion
recovered by an action in the High Court (m) . And in an
action in the High Court by which a railway company
seeks to recover charges for the carriage of goods, the fact
that the defendant is subjected by the railway company to
unreasonable charges amounting to an undue preference
is no defence to the action ; nor can the defendant in such
(A-) Hull and Barmley Rij. Co. v. York and Derly Coal Co., 18
Q. B. Div. 761.
(?) 17 & 18 Viet. c. 31, s. 2; the whole section will be found,
ante, p. 15.
(m} Denaby Main Colliery Co. v. M. S. & L. Ey. Co., 11 App. Cas.
97, 113, 121 ; Hole v. Digby, 27 "W. R. 884.
D2
36
CARRIAGE OF MERCHANDISE BY RAILWAY.
Undue pre-
ference in
special Acts.
Act of 1888.
Onus of
proof.
an action set off, or recover by counter-claim, over-pay-
ments in respect of previous charges which were unreason-
able in the same sense (c), even though payments have
been made under protest, and a decision of the Railway
Commissioners has been obtained declaring the charges
unreasonable (d).
The powers of the Railway and Canal Commission in
matters of undue preference have been considerably affected
by the Act of 1888. In the first place, by sect. 9 of that
Act, when any enactment in a special Act contains pro-
visions relating to undue preference, the Commission have
now the like jurisdiction to hear and determine a com-
plaint of a contravention of the enactment as they have
with regard to a case under the general Act (e).
Then they have also power to award damages " in com-
plete satisf acton of any claim, including repayment of
over-charges " (/). But to entitle a party to damages the
complaint must be made within one year from the dis-
covery by him of the matter complained of ; and damages
for undue preference are not to be given if the rates
complained of have been duly published by the company
in their station rate books, unless and until the party
complaining shall have given written notice to the railway
company requiring them to abstain from or remedy the
matter of complaint, and the company have failed within
a reasonable time to comply therewith (g) .
Further, sect. 27 of the same Act (//) provides :
" (1) Whenever it is shown that any railway company
charge one trader, or class of traders, or the traders in any
district, lower tolls, rates, or charges for the same or
(c) Lane. & York. Ry. Co. v. Greenwood, 21 Q. B. D. 215.
(d} Xli/ntHc;/ !!>/. Co. v. llh>mu>i Iron Co., 25 Q. B. Div. HG.
(e) 51 & 52 Viet. c. 25, s. 9.
(/) Ibid. B. 12.
(0) Ibid. s. 13.
(A) Traffic Act, 1888 (51 & 52 Viet. c. 25), s. 27.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 37
similar merchandise, or lower tolls, rates, or charges for
the same or similar services, than they charge to other
traders, or classes of traders, or to the traders in another
district, or make any difference in treatment in respect of
any such trader or traders, the hurden of proving that
such lower charge or difference in treatment does not
amount to an undue preference shall lie on the railway
company.
" (2) In deciding whether a lower charge or difference Questions to
in treatment does or does not amount to an undue pre-
ference, the Court having jurisdiction in the matter, or
the Commissioners, as the case may he, may, so far as they
think reasonable, in addition to any other considerations
affecting the case, take into consideration whether such
lower charge or difference in treatment is necessary for the
purpose of securing in the interests of the public the
traffic in respect of which it is made, and whether the
inequality cannot be removed without unduly reducing the
rates charged to the complainant. Provided that no
railway company shall make, nor shall the Court, or the
Commissioners, sanction any difference in the tolls, rates,
or charges made for, or any difference in the treatment of
home and foreign merchandise in respect of the same or
similar services.
" (3.) The Court or the Commissioners shall have power
to direct that no higher charge be made to any person for
similar services in respect of merchandise carried over a
less distance than is made to any other person for similar
services in respect of the like description and quantity of
merchandise carried over a greater distance on the same
line of railway."
The results of this enactment have been explained as Result,
follows. Sub- sect. (1) makes it clear that all the specific
things there mentioned are within the cognizance and
jurisdiction of the Railway and Canal Commission Court.
It also facilitates the course of a complainant by making
it perfectly clear that the various classes of differential
38 CARRIAGE OF MERCHANDISE BY RAILWAY.
treatment enumerated are prima facie objectionable, and
will be restrained, unless they can be justified (/).
Sub-sect. (2), however, enlarges the area of discussion in
the consideration of a case of undue preference (j) ; and,
as in making an order on a railway company to desist from
a preference, the Court can make no order as to how the
inequality is to be redressed, but the company may either
level up the lower rate, or level down the higher one, or do
both, the result of the section is that if, on a case of un-
due preference being primd facie established, the railway
company can satisfy the Court that to level up would
destroy a traffic which in the public interest ought to be
secured, and also (k) that to level down would be to effect
an "undue reduction," it follows that neither the one
method of redressing the inequality, nor the other, nor a
combination of the two, ought to be adopted, and there-
fore the order ought not to be made. In other words, the
state of things which creates the preference has been justi-
fied, and the preference ceases to be " undue " within the
meaning of the legislation (/) .
Public The question as to what constitutes the "public interest"
must always be a difficult one. The Court, in the case re-
ferred to, took a somewhat uncertain view, but in a later
case (m) correcting their previous decision, held that the
public intended is the public of the locality or district
affected, and that any considerable slice of the population
in general, as opposed to an individual or association of
individuals, would satisfy the definition.
In a case before the passing of the Act of 1888 before
the old lijiihvuy Commissioners, the question of the interest
(0 /,//vryw Com Trade AaoeiaHon v. /.. dfc .V. ir. /,'//. r t ,.,(is!U)
1 Q. \\. luii, i:;o.
(j} /hi,/. pp. i:jo, L38; 7 I'.. K Mac. i _>.-,.
(/r) Notice the word i.s a ml, not or.
(/) Liverpool Corn Trade AuociaM v. L.AN. II". /?//. Co., (1891)
1 Q. I',. i:;i ; 7 R vV M;ir. Lit.
(/) f,i<; //><<>/ i'i,rn '/'/</< J.S-M,, ////// v. ff. IT. A'//. r f )., 8 Times-
J,. 11. 519.
THE EQl ALIIY ( I.AI SI. AM) UNDUE PKI.l l.R I'.NCK. 33
of the public was raised and considered ; the complaint was
that the railway company, after having removed their coal
depot from Oldham Station to a station further away from,
^Manchester at Miles Plating, still continued to carry coal
for the Corporation of Manchester to Oldham Station for
use in the gasworks, but refused to do so for the applicants
and other traders. The Commissioners held that the rail-
way company had, under the circumstances, reasonable
grounds for separating their coal and general goods traffic,
and that the exception in favour of the corporation, being
made in the interests of the public, who were benefited by
having the coal supplied for lighting Manchester carried
to a station near the gasworks, constituted no undue pre-
ference in their favour, by which the applicant or other
coal dealers would be prejudiced (a).
And in another case where, for a fixed charge, a railway
company undertook all services incidental to the transit
of traffic coining from abroad, including Custom House
agency, and allowed their servants to do the clearing at
the Custom House, though the Custom House agents
were thereby deprived of earning a commission in respect
of the goods so carried, the Commissioners considered that
the arrangement was made in the public interest, and
refused to interfere (o) .
Sect. 28 (p) enacts : " The provisions of sect. 2 of the Extension to
Railway and Canal Traffic Act, 1854, and of sect. 14 of
the Eegulation of Railways Act, 1873 (<?), and of any
enactments amending and extending those enactments,
shall apply to traffic by sea in any vessels belonging to or
chartered or worked by any railway company, or in which
any railway company procures merchandise to be carried,
in the same manner and to the like extent as they apply
to the land traffic of a railway company."
(n} Lees v. Lane. & lork. Ry. Co., 1 N. & Mac. 352.
(o) Greenop v. S. E. Ry. Co., 2 N. & Mac. 319.
(p) Act of 1888 (51 & 52 Viet. c. 25).
(7) /. e. , provisions as to the keeping of rate books at stations, p. 84,
40
CARRIAGE OF MERCHANDISE BY RAILWAY.
Group rates. g e ct. 29 of the same Act has an important bearing on
questions of undue preference, and somewhat enlarged the
powers of railway companies, as it permits railway com-
panies to charge group rates. It provides :
Sub-sect. (1.) " Notwithstanding any provision in any
general or special Act, it shall be lawful for any railway
company, for the purpose of fixing the rates to be charged
for the carriage of merchandise to and from any place on
their railway, to group together any number of places in
the same district, situated at various distances from any
point of destination or departure of merchandise, and to
charge a uniform rate or uniform rates of carriage for
merchandise to and from all places comprised in the group
from and to any point of destination or departure."
Sub-sect. (2.) " Provided that the distances shall not be
unreasonable, and that the group rates charged and the
places grouped together shall not be such as to create an
undue preference."
Sub-sect. (3.) " Where any group rate exists or is pro-
posed, and in any case where there is a doubt whether any
rates charged or proposed to be charged by a railway com-
pany may not be a contravention of section two of the
Railway and Canal Traffic Act, 1854, and any Acts
amending the same, the railway company may, upon
giving notice in the prescribed manner, apply to the Com-
missioners, and the Commissioners may, after hearing the
parties interested and any of the authorities mentioned in
section seven of this Act, determine whether such group
rate or any rate charged or proposed to be charged as
aforesaid does or does not create an undue preference.
Any persons aggrieved, and any of the authorities men-
tioned in section seven of this Act, may, at any time after
the making of any order under this section, apply to the
Commissioners to vary or rescind the order, and the Com-
missioners, after hearing all parties who are interested,
may make an order accordingly."
The effect of this section is practically to extend the
THE EQUALITY CLAUSE AND UNDUE PREFERENCE 41
discretion of railway companies, and to some extent to Effect of
limit the enactments against undue preference in cases 8l
where the section is applicable. If the rates could be
justified on the ground that they did not create an undue
preference without grouping, this section would be in-
operative ; and so where there is a group rate which is
justified on the commercial grounds of convenience, the
measure of undue preference must be different from that
where no such rate exists ; and whenever there is a group-
ing which can be justified on the general ground of con-
venience, a more liberal allowance must be made to the
companies in dealing with rates than would be permitted
except for the grouping (p).
But still, if it be shown that a number of places are
grouped together with respect to goods coming in one
direction only, while there is no group rate applicable to
goods coming in the opposite direction, so that the trader,
situate at the farthest point of the places grouped together,
who benefits most by the group rate, also benefits most
from the rates on traffic coming or going in the opposite
direction, and in fact the advantages are all in one direc-
tion, that will tend to show that the grouping between the
extreme places is excessive, and to induce the Court to
confine the section within moderate limits (p). Prior to
the passing of the Act of 1888, however, it had been
decided that a system of grouping was carried too far
where the same rate was charged to all the collieries work-
ing the same bed of coal, where the coal field extended for
twenty miles and covered an area in which the pits might
be that distance apart (q) .
In a recent case the grouping of two places, A. and B.,
one of which was situate 11 miles nearer to the usual
market than the other, was held reasonable, it appearing
(p} North Lonsdale Iron Co. v. Furness Ry. Co., 64 L. T. N. S.
122, 126 ; 7 B. & Mac. 146, 152.
(q) Deruiby Main (',// ;*-ry Co. v. M. S. & L. Ry. Co., 3 N. & Mac.
426.
42
CARRIAGE OF MERCHANDISE BY RAILWAY.
that the distance of both A. and B. from the market was
about equal by a competitive line of railway (r).
The section itself, however, shows that the ultimate test
to be applied in order to ascertain whether the group rate
is allowable or not, is whether it does in fact constitute an
unreasonable preference of certain persons over others.
It is proposed, therefore, to trace shortly the grounds on
which a preference has been held undue, and those on
which it has been held to be justified.
In the first place, then, the undue preference to call for
ference. the interference of the Eailway and Canal Commission
must arise in the " receiving, forwarding, or delivery of
traffic," and must also be done by the delinquent company
in their capacity of a railway or canal company (s). So
where a railway company owned docks, the Commission
were held to have no jurisdiction to entertain a complaint
that the company were charging preferential dock dues (t) .
And so where a railway company were proprietors of
the Grrimsby Old Dock and the Grimsby New Dock, and
were authorized and required to maintain the old dock
and the approach thereto of a given depth, but neglected
to do so, and the dock got silted up so that vessels could
not get to the wharves, and it was suggested that the
object of the company was to discourage traffic to the old
dock and divert it to the new one, it was held that the
failure by the railway company to perform their duty was
not subject for redress under the Traffic Act of 1854 (ti).
Undue pre- On the other hand, the act of undue preference need not
railway ? ff * ^e done on the railway itself. Thus an injunction will be
(r) /V/.vr/m/ /'/// m v. L. &N. !!'. /,'//. Co., 8 Times L. B, 419;
the distance is so st;it< <! in the reportof Lord Uerschell's judgiin nt,
but from tin- curly part of the report it would appear to bo 9 miles.
(s) J-:,i*t and 1 1'* .,/ India l>ck Co. v. //<//r a 1 - Co., 39 Ch. D. 5LM ;
II :'t \. L. a- .V. II'. ////. ''"., L. I{. 0, I 1 . <;-JU ; Baxendalev. L. &
S. W. Ry. Co., L. B. 1 I.x. i:;:.
(/) K,,,i and in,7 /,/,// Doc* Co. i :)9 Ch. D. 024,
(u) /,>.,>? v. .17. ,s. ,0 L. Uij. Co., C. B. N. S. 707; 1 N. .t
Mac. 288.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. l ; i
issued against a railway company if it prefer itself as a
Carrier by road, after the transport by railway has come to
an end, over other carriers by road (?), or if the railway
company prefer its own agents to other carriers (w), or so
act as to give its agents an undue advantage over other
carriers (/). In a recent case, Wills, J., thus stated the
question, " If a railway company have completed the con-
tract they have entered into with their customer without
default, anything which may happen by the action of
anyone else is not a matter for which they are liable ; but
as long as their contract with their customer remains, they
must take care that in the performance of that contract, so
far at least as they can prevent it, the customer does not
suffer from any undue preference ; and it is no answer to
say that ' the reason why the undue preference is given is
some private arrangement between us and our agents,' or
anyone else, nor is it material to inquire how the unequal
charges came to be made if they have been made in
faot"(y).
In this case the Court held that where goods were
handed to a railway company, addressed to A. B. at
Shanklin, " per Ford," it was quite clear that both parties
understood such an address to be a direction to carry to
Ford at the place named, and that their duty was dis-
charged on delivery to Ford, and that they had nothing to
do with any further delivery, nor any right to deliver to
the ultimate consignee direct, either themselves or by their
agents.
It is obvious that some kinds of traffic may be more Allowances,
easily worked than other traffic, whether by reason of the
(v) Baxendale v. O. W. By. Co. (Reading Case), 1 N. & Mac. 202 :
5 C. B. N. S. 336; Garton v. Bristol and Exeter By. Co., 6 C. B.
N. S. 639; 1 N. & Mac. 218.
(w} Baxendah v. North Devon By. Co., IN. & Mac. 180; 3 C. B.
N. S. 324.
(cc) Ford v. L. & S. W. By. Co., 63 L. T. N. S. 841 ; 7 B. & Mac.
111.
in**.
44
CARRIAGE OF MERCHANDISE BY RAILWAY.
Equal mile-
age rates.
Gradients.
gradients over which it has to pass, the quantity or
regularity of the traffic, or the like; and if a railway
company in making its charges against two kinds of
traffic make an allowance in favour of that which is most
easily worked, so long as that allowance does not exceed
the difference in cost to the railway company in working
the two kinds of traffic, that will not be considered an
undue preference (z).
In the comparison of rates the distance must always be
the main element for consideration, and in any case where
a railway company choose to adopt an equal mileage
standard in fixing their rates, such rates should be
perfectly unassailable. At the same time (as stated in
the report of the Committee of 1872) there are obvious
objections to it as a fixed standard (a).
And if there are any circumstances existing to show
that a particular trader's traffic can be worked more
cheaply than the traffic of other traders, or than that of
the public, and if the rates in force do no more than make
allowance for these circumstances, then those rates cannot
be successfully impeached (/>).
For instance, one line may be more expensive to work
than another by reason of heavy gradients. Thus, upon
a complaint that the railway company did not give the
traders of Newry the benefit of the geographical position
of Newry with regard to Belfast and several towns lying
west and north-west of Newry, and that the railway company
gave a preference to the traders of the said towns to send
their goods to and from Belfast at much lower rates than
to Newry, though in every instance Newry was much
nearer to them than Belfast ; in their answer the railway
(z) It/ii/niH'-i/ //// ''... v. A'/////////*-;/ /,'//. Co., 6 B. & Mac. 60; 4
Times, L. 11. 717; j\V <.-/// T<nm Commrs. v. O. N. By. Co., 7 J'. &
Mac. 1M.
(a) Town Commrs. of Newry v. O. N. Ry. Co., 7 B. & Mac. 184,
see per Murphy, J., 189.
(/>) niiiiiniK-ii Ir<>,, Co. v. Jlhi/intti't/ /,'//. ('<>., (J B. & Mac. 60;
V. Frstininy /,'//. (',,., '2 X. ,V M;.r. 278,
THK Kur.M.lTY CLAUSE AND UNDUE PREFERENCE. 45
company set up as an explanation of the undue preference
of Belfast over Newry, that the line to Newry was over
heavy gradients, while that to Belfast was level ; but the
Commission Court held that the rates (which in some
cases made a difference of only a Id. for a distance of
sixteen miles) were unfair, and granted an injunction.
The railway company then made a table charging so much
for the first twenty- four miles, and for the next twenty-
four miles a lower rate, and added a sum from 2d. to 4d.
when the gradient was against the load ; and this charge
for gradient (which was objected to by the complainants
on a motion for penalties) was sanctioned, Sir F. Peel
saying, " Now as to the principle of an extra charge for
increase in cost of working, I do not think it has ever
been considered to be an infringement of the Traffic Act,
1854, that a railway company should charge a higher rate
per ton per mile for any portion of its line over which it
is more expensive to work than over other portions, and,
where there has been a difference of rate due to that
particular cause, such a rate has never been considered to
be a preferential rate " (c).
And so long distance traffic, being more cheaply worked Long- and
as a rule than short distance traffic, may generally be S
legitimately charged a lower mileage rate(tf). But if such
a lower charge on long distance traffic be made, a complaint
by a short distance trader is not disposed of by showing
that the lower rate per ton makes the highest aggregate
rate. It seems, however, that in the case of two unequal Largest profit
distances, where the larger gross rate yields also the larger pat^sMfts
profits, it is not necessary that these should be proportional nus of proof.
what is a due increase must depend in each case on the
particular circumstances and if the railway company can
(c) Town Commrs. of Newry v. O. N. Ry. Co., 7 B. & Mac. 184;
and cf. NHsltill ami Lri,i<ili<i<i<>n' f',,,,1 Co. \. C,il. y?//. Co., 2 N. &
Mac. 39; Bdhdyke Coal Co. v. N. B. Ry. Co., 2 N. & Mac. 105.
An incline toll was sanctioned in this case.
(d] Ransome v. Eastern Counties Ry. Co. (No. 4), 1 N. & Mac.
155 ; 8 C. B. N. S. 709 ; Foreman v. O. E. By. Co., 2 N. & Mac. 202.
46
CARRIAGE OF MERCHANDISE BY RAILWAY.
Through and
local rates.
Guarantee of
traffic;.
show that the larger profit arises from the larger gross
rate, the hurden of proof is shifted, and rests on those who
impugn the rate to show that the difference in charge
operates to their injury (e).
Through rates, however (i. e., rates to which more than
one company are parties), stand upon rather a different
footing to rates charged hy a railway company in respect
of goods travelling over its own line only, and, in most
cases, are not to he compared with local rates in consider-
ing cases of undue preference (f) ; there would, however,
appear to he a distinction between through rates fixed hy
agreement between railway companies, and through rates
that have come before the Railway Commissioners or the
Eailway and Canal Commission, and been adjudicated
upon by them (g).
And seeing that traffic in considerable quantity, regu-
larly despatched, can her worked more cheaply than an
intermittent traffic of uncertain character, a guarantee of
constant and regular traffic will justify a rebate from the
ordinary rate (h). So an agreement to allow reduced
rates to certain traders, in consideration of a guarantee by
them to send by railway such a quantity of coal in fully
loaded trains as would produce to the company a gross
yearly revenue of 40,000/., was held a legitimate agree-
ment (i) ; as was also an agreement to give a rebate of 1 ">
(e} Brmifjhton and Plas Power Coal Co. v. O. W. liy. Co., 4 B. &
Mar. 11)1.
(/) Hull and li<ini*l< // Ry. Co. v. York and Derby Coal and Iron
Co., 18 Q,. B. Div. 761 ; Londonderry Harbour -loners v.
O. N. Ry. Co., 5 B. & Mac. 282.
(y) Londoinlf-rri/ //<irlntr Commissioners v. G. N. Ry. Co., 5 B. &
Mac. 282, at p. 302, per Mr. Commissioner Miller.
(//) Iticlmrdson V. Mi'f. /,'//. Co., 4 B. & Mac. 1; Rartsome v.
Eastern Vwnli'-* A'//. Co. (No. 4), 1 N. & Mac. 155; 8 C. B. N. S.
70!). Srr Jlli i/ni nfi/ Iron Co. v. Rh ////</"// /'// Co., 6 B. & Mac. 60;
4 Times L. E. 717; Qarhm \. Jiristol & Ex. /,'//. Ob., 1 N. & Mac.
218; GO. B. N. S. 6
(/) XiMson v. O. IT. Ry. Co. (No. 1), 1 N. & Muc. 121 ; 5 C. B.
N. S. 366, 435.
THK FATALITY CI..U SI! AM) I'NDUE PREFERENCE. 47
per cent, in consideration of a contract to send 850 tons of
goods per month by the company's railway and steamers (/>).
Thus, a trader may legitimately receive a preference
from a railway company, if, by any means, he is able to
reduce the cost of carriage to the company ; for instance,
by being able to despatch his traffic in full train loads (/) ;
or by being able to load a greater weight into his trucks (m) ;
or by being able to make use of an improved class of roll-
ing stock, which other traders are unable to employ (H) ;
or by reason of his being situate at a large town, where
the railway company, on delivering his trucks, are certain
of a " back load," whilst in other places the traffic is so
small that the trucks have to be returned empty (0).
But it is not for the public interest that one railway Agreement
company should be able, by differential rates, to diminish
the accommodation and availability of the railway of
another company, and to limit the freedom of consignors
and consignees to use either as they please, or oblige them
in their use of a competitive railway, to use it upon the
terms of paying higher rates to the company than are paid
by persons using the same railway ( p) And so an agree-
ment to give a rebate or reduced rate in consideration for
the trader undertaking to send a certain percentage of his
traffic (q), or all his traffic (r), by the company's railway
(A-) Greenop v. 8. E. Ry. Co., 2 N. & Mac. 319.
(1} Ransome v. Eastern Counties Ry. Co. (No. 2), 1 N. & Mac. 109;
Ibid. (No. 4), 1 N. & Mac. 155; Richardson v. Mid. Ry. Co., 4 B. &
Mac. 1 ; Nicholson v. G. W. Ry. Co., 1 N. & Mac. 121.
(m] Girardot, Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 291.
() Holland v. Festiniog Ry. Co., 2 N. & Mac. 278.
(o) Girardot, Flinn & Co. v. Mid. Ry. Co., supra.
(/>) Harris v. Cockermouth Ry. Co., 1 N. & Mac. 97 ; 3 C. B.
N. S. 693; Rhymney Iron Co. v. Rhymney Ry. Co., 6 B. & Mac. 60,
at p. 64.
(</) Rhymney Iron Co. v. Rhymney Ry. Co., 6 B. & Mac. 60;
Garton v. Bristol & Ex. Ry. Co., 1 N. & Mac. 218 ; Baxendale v. G.
W. Ry. Co., 1 N. & Mac. 191.
(r] Diphwys Casson Slate Co. v. Festiniog Ry. Co., 2 N. & Mac.
73; Holland v. Festiniog Ry. Co., 2 N. & Mac. 278.
48
CARRIAGE OF MERCHANDISE BY RAILWAY.
Preference to
obtain traffic.
Competition
may be
considered.
is unfair, even though the agreement be offered to all traders
alike, for what may be fair for one trader may be unreason-
able in regard to another (s).
And so a railway company will not be allowed to give a
preference to a trader in order to secure traffic which they
otherwise would lose ; as where a railway company, in
order to secure the traffic of a trader which would other-
wise travel by another line, perform services, such as
cartage, gratuitously (^), or allow him a rebate not allowed
to others, they are guilty of an undue preference (it).
Everyone has a right to the natural advantages which
have been acquired by the proximity of his land to a rail-
way, and a railway company is not justified in depriving
him of it, by allowing to another not so favourably situate
the expense which he may have incurred in connecting his
place with the railway, in the reduced charge at which the
company carry his goods on their railway (r).
At the same time, where a railway company are charged
with showing an undue preference to one trader as com-
pared with another situate at another place on the line, the
Commission Court are entitled to take into consideration
the commercial necessity of competition with a rival line
of railway to which the railway company are subject.
This was decided in the recent case of Pickcriny PJtipp* v.
L. fy N. W. Ity. Co. (ic) 9 where Lord Herschell, in giving
judgment in the Court of Appeal, referring to the conten-
tion that a trader was entitled absolutely to the advantage
of his geographical position, said, that he could not see
why the position of a trader where he had the advantage
(B} Diphwya C<i**n M'if<- Cb.V, 7-W ////./ /.'//. Co., 2 N. & Mac. 73,
p. 79; niiijuiKry Iron Co. v. /,%/////<// /,'//. Co., 6 N. & Mac. 60.
(t) Evenfud v. L. < N. W. liy. Co., 3 App. Cas. 1029; 3 Q. B.
Div. 135; 2 Q. B. D. 254,
(?/) 11,11 v. Mi'l. ////. Co., 2N. iV Mac. is.-, : fiofTMY. Cbcformotfti
d Worfongton /.'//. Cb., 3 0, 1'.. N B, 03 : l N. \- Mac. U7.
(r) Harris \. Cockermovth <l' Workington ////. Co., per "VYilliams,
J., 1 N. & Mac. 105.
(w) 8 Times L. R. 419. Iff*- |*KJ
THE EQUALITY < |,U BE AM) I'MMF. PKKI-T.KKNCE. 49
of competing routes should not equally be taken into ac-
count, or that proximity to the market was the only matter
to be considered between two traders. If the existence of
the competing route was to be excluded altogether, the
result would be to deprive the trader who had the advan-
tage of the competition of some of the advantages of his
position.
As a railway company may not prefer one trader to Preference of
another, so they are not allowed to prefer themselves or
their own traffic, when acting as carriers off their line, to
any other trader or carrier. In one case (a?), the company,
who had carried goods at 3s. 6d. a ton while the carrier
had charged 4s. Wd. for delivery, raised the price for
carriage to 8s. 4d., and offered to collect and deliver
gratis; and this was considered an undue preference by
the company of themselves. And in another (y), a rail-
way company, who had receiving houses in various parts
of London shut their gates and refused to admit the vans
of other carriers after 6.30 p.m., while the company's own
vans were admitted up to a much later hour, and the goods
forwarded by the night trains ; and this was an undue
preference of themselves ; as was also a case where a com-
pany who had been in the habit of delivering goods at an
inclusive rate, allowing a rebate to such persons as fetched
the goods from the station themselves, suddenly put a stop
to these rebates, with a view of excluding other carriers
from competing with them in delivering goods (z) .
And if a railway company have in fact given an undue
preference to themselves when acting as carriers off their
railway, in competition with other carriers, in the collec-
tion and delivery of parcels, the question whether they
(x) Baxendale v. G. W. Ry. Co. (Reading Case], 1 N. & Mac. 202;
5 C. B. N. S. 336.
(y) Palmer v. L. B. & S. C. Ry. Co., L. R. 6 C. P. 194.
(z) Gorton v. G. W. Ry. Co., 1 N. & Mac. 218; 5 C. B. N. S. 669.
D. E
50 CARRIAGE OF MERCHANDISE BY RAILWAY.
have or have not made a profit by so doing is quite imma-
terial (a) .
Preference of Neither may a railway company make a preference in
favour of their own agents, or of any particular carrier,
even though the preference has been made in consequence
of arrangements with another company (b) . So a railway
company may not make a higher charge when goods are
delivered by one carrier than they do when they are
delivered by others (c). And if they accept parcels for
conveyance to a place beyond the terminus of their rail-
way addressed " per Ford & Co.," or addressed to a par-
ticular carrier at their terminus, they must not disregard
such address, and if they deliver the goods to the ultimate
consignee by their agent or by another carrier, it amounts
to an undue preference of their agent, or of the other
carrier (d).
And if a railway company refuse to receive goods from
the public after 5.15 p.m., but receive them from their
Cost of agent up to 8 p.m., such conduct is an undue preference of
their agent (e). And if they allow a rebate or fee to one
carrier they must do so equally to all (/) . But if the
rebate or fee be allowed equally to all, to the company's
agents as well as independent carriers, there is no case of
undue preference, and the Court will not go into the
question of cost of collection and delivery (</) ; but if the
(a) Baxendale v. G. W. Ry. Co., 1 N. & Mac. 213; 5 C. B. N. S.
356.
(b} B<i.rcndah v. North Devon Ry. Co., 1 N. & Mac. 180; 3 C. B.
N. S. 324.
(c) Ibid. ; Ford v. L. <( *. jr. //,/. Co., 7 N. & Mac. 111.
(d) Ford v. L. & S. W. Ry. Co., 7 N. & Mac. Ill; Menzies v.
Cal. Ry. Co., 5 B. & Mac. 306; Ff*/il'nnrne v. G. S. a'- II". /.'//. Co.,
2 N. & Mac. 224.
(e) Garton v. Bristol & Ex. Ry Co., 1 N. & Mac. 218; 6 C. B.
N. S. 639 ; Ho.nndale v. L. & S. W. Ry. Co., 1 N. & Mac. 231 ; 12
C. B. N. S. 758.
(/) FitM'nnrm- v. M. (,'. IT. /,'//. Co., 2 Eep. Ry. Com. 3.
(</) Robert . >. ,i IT. /ty. Co., 2 N. & Mac. 374; Rol>< rt*>, n
V. M. G. W. Ry. Co., Ibid. 409.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 51
company themselves act as carriers for collection and
delivery, the rebate allowed to an independent carrier for
those services must not be less than the cartage portion of
the gross rate, or less than the cost of carting, so as to
unduly prejudice the independent carrier in competing
with the company (//) .
It seems that the obligation imposed on railway com- How long
panics to treat all their customers equally is coterminous e q U al treat-
with the contract to carry, and lasts until the contract to ment Ia8ts -
carry is performed. This was discussed in Ford v. L. Sf
S. W. Ry. Co. (/). In that case the railway company
accepted in London parcels addressed to various places in
the Isle of Wight, " per Ford & Co." The railway com-
pany's line stopped at Grosport, where the parcels were
placed on ships belonging to Messrs. Chaplin, who carried
them to the Isle of Wight, and there acts of undue
preference were committed. The applicants had not
made Chaplin & Co. joint respondents with the railway
company, as it seems they might have done under sect. 28
of the Act of 1888 (//) ; and the question was whether the
railway company alone were liable.
Wills, J., there said (/) : " In my opinion if the railway
company have once completed their contract with the
customer without default, anything which may thereafter
take place by reason of the action of Chaplin & Co., or
anybody else, is not a matter for which they are liable
either in a civil action or on a complaint of undue pre-
ference ; but as long as their contract of carriage with the
customer remains, I think they must take care that in the
performance of that contract, so far, at least, as they can
prevent it, the customer does not suffer from any undue
(7<) Goddard v. L. & S. W. Ry. Co., 1 N. & Mac. 308; Menzies v.
Cal. Ry. Co., 5 B. & Mac. 306.
(i) 7 B. & Mac. 111.
(A-) Hid., per Sir F. Peel, 121.
(7) 7B. &Mac. p. 114.
CARRIAGE OF MERCHANDISE BY RAILWAY.
Whether
company
bouud by
general
orders.
Address to
carrier.
preference ; and I do not think that it is an answer to that
complaint to say, ' The reason why the undue preference is
given is some private arrangement between us and our
agents,' or somebody else; and I do not think it is material
to inquire how it was that the unequal charges came to be
made (if they really have been made) in respect of services
which in each case were performed throughout by the
railway company."
And Mr. Commissioner Price, after referring to the
contract of carriage, says (m) : " In this particular case it
is not possible for them (i.e., the railway company) to
fulfil that contract except through the agency of some one,
and they have an agent appointed for that express purpose.
Up to a certain point they are independent of his services,
but at and from a certain point his services begin, and it
seems to me from the moment they are called into requisi-
tion, as long as he has anything to do with the matter, till
the contract is performed, he is their agent. Therefore, it
seems to me, from the moment when Chaplin is called in to
perform part of the contract, we must regard him, what-
ever else he might be, as their agent. Chaplin may be an
independent trader as well, but for all purposes he is
certainly in the first instance their agent, and it seems to
me, therefore, the company are fairly made liable for
Chaplin's acts."
The question how far a railway company is bound by a
general order to deliver goods arriving at their station to a
particular carrier is one of some difficulty ; and opposite
opinions have been expressed and adhered to on this point
in the Scotch Courts on the one hand, and the English and
lri>h Courts on the ollnT.
There is no doubt that when a parcel addressed to an
ultimate consignee to the care of a particular carrier (;?) is
(m) 7 B. &Mac. lii:J.
(;/) E. y., if the parcel be addressed
Messrs. J. Brown iV
205, Blink Street, Glasgow.
care of Pickford & Co.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 53
delivered to and accepted by a railway company for car-
riage, the railway company impliedly contract to deliver
the parcel to the carrier to whom it is addressed at their
terminus (o) .
Also, it is clear that a railway company cannot force a Order as to
person against his will to employ them to cart by road in 8]
addition to the service of conveyance by railway, and that
a consignee has the right if he pleases to receive his goods
at the station, and to relieve the carrier from any further
duty in that case. And if the consignee, expecting a
particular consignment, sends a special order directing the
particular consignment to be delivered to the bearer at the
station, instead of at his own house, the railway company
would be bound to deliver it to the person producing the
order (p) .
But with regard to a general order, such for instance as
where a consignee gives to the railway company an order
such as " Please deliver to Mr. Parkinson at Cirencester
Station all goods consigned to me," the case is somewhat
different. It has been held by the Court of Common
Pleas in England (q) , that the railway company were
bound by such order, and if they delivered the goods
themselves, or by their agent, they were liable to an
injunction on the ground that they were unduly pre-
ferring themselves, or their agent, as the case might be.
Wills, J., said (r) : "It was urged that great difficulties
might arise to the company if they were obliged to act upon
these general orders, inasmuch, as they might run the risk of
(o) Ford v. L. & S. W. By. Co., 7 B. & Mac. Ill; Pickford v.
Cal Ry. Co., 1 N. & Mac. 252 ; Menzies v. Col. Ry. Co., 5 B. &
Mac. 306, p. 310 ; Fislilourne & Co. v. G. S. & W. Ry. Co., 2 N. &
Mac. 224.
(p) Menzies v. Cal. Ry. Co., 5 B. & Mac. 306; Baxendale v. G. W.
Ry. Co., 14 C. B. N. S. 1.
(q} Parkinson v. G. W. Ry. Co., L. E. 6 C. P. 544; 1 N. & Mac.
280.
(r} Ibid., L. E. 6 C. P. 562.
54
CARRIAGE OF MERCHANDISE BY RAILWAY.
delivering the goods to a stranger. But we cannot make
any distinctions of persons in a case like the present. The
company have no right to prefer themselves, or any one
carrier to another. Besides, this is only complaining of
the ordinary state of things."
In the Scotch Courts, however, another view has pre-
vailed, and the Court of Session under similar circumstances
has twice held (s) that a railway company were at liberty
to ignore such general orders by the consignee to deliver
to a particular carrier, without committing any breach of
the Traffic Act of 1854. The ground upon which they
rested their decision seems to have been that the railway
company had entered into a contract with the consignor to
deliver the articles consigned by him to the person and at
the place mentioned in the address ; and that the railway
company were entitled to reply to such a general order by
a consignee, "It is not in our power, and we cannot
undertake to deal otherwise with these goods than accord-
ing to their addresses, but we will deliver them according
to the addresses."
The question came again before the Eailway Commis-
sioners, and, feeling the difficulty of these adverse decisions,
they decided that the case before them being a Scotch
case they were bound to follow the views of the Scotch
Court of Session, which they did, without going into the
question. It is submitted, however, that the case before
the Court of Common Pleas was rightly decided, and that,
although the railway company arc itriimi fftric liable until
they have performed the whole of their contract made with
the consignor, it is competent for the consignee to relieve
them of a portion of this liability by a proper document in
writing, signed by him, directing them to deliver at their
terminus to his servant or agent. This, it seems to be
(s) TJ" ////'/// v. Scottish Gent. ////. Co., 1 N. & Ma<>. 237; 2 Ct.
Sess. Cas. 3rd ser. 1 v. <'!. Ry. Co., 1 N. & Mac.
J.VJ : 4 Ct. Sess. Cas, 3rd ser. 7
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. ">">
admitted, ho can do when the document refers to particular
goods (t) ; and it is difficult to understand why the consignee
should not have the like power of releasing a railway
company from responsibility, if he desires so to do, in
respect of goods covered by a general as well as a specific
description.
In cases of undue preference it has been frequently Ledger
adduced as an instance of unequal treatment, and undue account -
prejudice of the applicant by the railway company that
the company have refused to allow the applicant to have a
ledger account with the company, and insisted on being
paid forthwith for all traffic carried by them for or on
behalf of the applicant (u) . This ground of complaint has
never been favourably entertained. In making contracts,
subject only to the duty of acting impartially (which is
performed when the offer of a contract is made to all who
wish to adopt it) a railway company ought to have as free
power as any merchant (v). And it is obvious that some
discretion must be left to a railway company in the con-
duct of their business, and that the company can alone
decide to whom, it can give credit and to whom it should
be refused. Where a trader has been allowed credit by
the company, and has made use of the indulgence
granted him to exercise a control over the rates of charge
made by the company which he would not otherwise
possess, the company would be amply justified in putting
an end to such conduct by refusing to allow him further
credit (ic). And, although it is possible that if a ledger
(<) Menzies v. Cal. Ry. Co., 5 B. & Mac. 210; Pickfordy. Cal.
Ry. Co., 1 N. & Mac. 252 ; 4 Ct. Sess. Gas. 3rd ser. 755.
(u} Ooddard v. L. & S. W. Ry. Co., 1 N. & Mac. 308; Skinningrove
Iron Co. v. N. E. Ry. Co., 2 B. & Mac. 244 ; Ford v. L. & S. W.
Ry. Co., 7 B. & Mac. 111.
(v} Nicholsons. G. W. Ry. Co. (No. 2), 1 N. & Mac. 143 ; 7 C. B.
N. S. 755.
(;) Skinningrove Iron Co. v. N. E. Ry. Co., 5 B. & Mac. 251 ;
Ford v. L. (t ,S. W. /ty. O>., 7 B. & Mac. p. 118.
56
CARRIAGE OF MERCHANDISE BY RAILWAY.
Refusal to
supply
"waggons.
Rival steam-
ship compa-
nies.
account were wantonly or capriciously refused to one
trader, when others were allowed to have it, proceedings
for undue prejudice might he sustained, yet it is a matter
in which a railway company are entitled to so large a
measure of discretion, if honestly exercised, that a very
strong case indeed would he required to support it (./) .
And so where a merchant had refused to pay demurrage
(or waggon hire) for waggons detained hy him, such conduct
was thought to justify a refusal hy the company to supply
him with more waggons, and such refusal on the part of
the company was no undue prejudice of the merchant (?/).
It has also been held that a railway company were justified
in refusing to provide trucks or carry coal for any hut
colliery owners (z) , hut it is submitted that this is incon-
sistent with the construction put upon sect. 2 of the Traffic
Act, 1854, hy the Court of Appeal in Dickwn v. G. N. By.
Co. (tf), and must he taken to he overruled hy that decision,
as such a refusal would he a refusal of reasonable facilities
within the meaning of the Traffic Acts.
For a similar reason, where there are more than one line
of steamboats plying between two ports, a railway com-
pany running to one of such ports will be justified in
selecting the steamship company possessing the better
boats and superior accommodation with whom to enter
into a through traffic agreement. For considering the
nature of through traffic and the responsibility of a rail-
way company booking through to a distance to which they
have themselves no means of carrying, and the route to
which is partly by water, it is not a contravention of the
Traffic Acts for the railway company to select between
() Ford v. L. & S. W. Ry. Co., 7 B. & Mac. p. 117 ; Ooddard v.
L. & S. W. Ry. Co., 1 N. & Mac. 308.
(y) Oxlade v. N. E. Ry. Co. (No. 1), 1 N. & Mac. 73 ; 1C. B. N. S.
454 ; Skinningrove Iron Co. v. N. E. Ry. Co., 5 B. & Mac. 244.
(2) Oxlade v. N. E. Ry. Co. (No. 2), 1 N. & Mac. 162 ; 15 C. B.
N. S. 680.
(a) 18 Q. B. D. 176
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 57
different vessels as to which llu-y will send and receive
goods by, and give a preference to the one they may think
best entitled to their confidence (//).
So a railway company, in dealing with the admission or Cabs and
exclusion of cabs and omnibuses to its station-yard, must
be guided by considerations as to public convenience ; and
if no inconvenience is thereby caused to the public, a
railway company may exclude certain cabs or omnibuses
from its yards and admit others (c) ; but if public incon-
venience is caused thereby a complaint will lie ; and so
where a railway company excluded one omnibus driver
from their station-yard but admitted another, and it
appeared that the two omnibuses ran by different routes,
the Court granted relief, on the ground that by the exclu-
sion of the one omnibus a certain section of the public
were subjected to unreasonable inconvenience (d).
If a complaint of undue preference be made by a private Proof of
trader or a company, it was considered, by the Commisioners dama s e -
under the Act of 1873, necessary, in order to sustain the
complaint, that it should be shown that the complainant
had suffered damage from the preference complained of (e),
although strict proof of the damage was not required
if facts were shown to point to a reasonable inference
of damage (/). And having regard to the judgment of
(6) Napier v. Glasgow & S. -W. Ry. Co., 1 N. & Mac. 292;
Southsea & Me of Wight Steam Ferry Co. v. L. & S. W. Ry. Co., 2
N. & Mac. 341 ; Pickford v. Gal. Ry. Co., 1 N. & Mac. 252.
(c) Stadell v. Eastern Counties Ry. Co., 1 N. & Mac. 56; 2 C. B.
N. S. 509; Painter v. L. B. & S. C. Ry. Co., 1 N. & Mac. 58 ; 2 C.
B. N. S. 702 ; Ilfracombe Public Conveyance Co. v. L. & S. W. Ry.
Co., 1 N. & Mac. 61.
(d) Marriott v. L. & S. W. Ry. Co., 1 N. & Mac. 47; 1 C. B. N. S.
499.
(e) Skinningrove Iron Co. v. N. E. Ry. Co., 5 B. & Mac. 244 ;
Londonderry Harbour Commissioners v. G. N. Ry. Co., 5 B. & Mac.
282.
(/) Skinningrove Iron Co. v. N. E. Ry. Co., 5 B. & Mac. 259.
58
CARRIAGE OF MERCHANDISE BY RAILWAY.
Who may
complain of
undue prefer-
ence.
Power to dock
companies
and harbour
boards to
complain of
undue pre-
ference.
Decisions
summarised.
Wills, J., in a recent case (h), the same view will probably
be entertained by the Railway and Canal Commission
under the Traffic Act of 1888.
In addition to the local authorities above mentioned (i)
who have power to prefer complaints to the Railway and
Canal Commission, port or harbour authorities or dock
companies are authorized by sect. 30 of the Traffic Act of
1888 to make a complaint of undue preference. The
form of the section seems to show that they must prove an
injury to their harbour or dock to support the complaint.
It is as follows :
" Any port or harbour authority or dock company which
shall have reason to believe that any railway company is
by its rates or otherwise placing their port, harbour, or
dock, at an undue disadvantage as compared with any
other port, harbour, or dock to or from which traffic is or
may be carried by means of the lines of the said railway
company, either alone or in conjunction with those of other
railway companies, may make complaint thereof to the
Commissioners, who shall have the like jurisdiction to hear
and determine the subject-matter of such complaint as
they have to hear and determine a complaint of a contra-
vention of section two of the Railway and Canal Traffic
Act, 1854, as amended by subsequent Acts."
The following is a brief summary of the cases that have
been held to constitute a preference requiring justification
by the railway company :
Lower charges for the same or similar services to one
trader than the company are charging to others (A*).
Carrying goods of the same kind for unequal distances
at the same gross charge (/).
(h) Liverpool Corn Traders' Assn. v. L. & N. II'. /,'//. Co., 7 B. &
Mac. 125, p. 129; (1891) 1 Q. B. 120, p. 126.
(/) See p. 9.
(*) Act of 1888 (51 & 52 Viet. c. L'.V, 8, 'J7, sub-s. 1.
(/) J),,,,!!,!/ M,,;,, r,,//,v, v/ Co. v. M. 8. A /.. By. Co., '> X. A: M";ir.
420, 441; North <</,>,/,//, /,-,/ Co, \. FuntMl /.'//. Co., 64 L. T.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 59
A higher charge made for a shorter than for a longer
distance (m).
Where the charges for the longer distance, though
actually more, are not so to an amount to cover the
cost of the extra service (n). It is, however, reason-
able to charge a less rate per mile for a long than a
short distance (o) , and where the greatest profit to the
company arises from the long distance rate it seems
that the onus of proving an undue preference is shifted
on to those impeaching the rate (p).
The refusal to allow a trader to use an existing private
siding while the same facility is allowed to other
traders (q) .
The performance of services (such as cartage) gratui-
tously for certain traders, while the company charge
for them when rendered to others (>).
Allowing rebates in respect of loading, unloading, and
haulage to brewers, whilst a similar allowance is not
made to other traders, timber merchants (s) .
Allowing rebate to trader who has constructed a siding
for his own traffic, but for which rebate the railway
company receive no quid pro quo (t).
N. S. 122; Skinningrove Iron Co. v. N. E. Ry. Co., 5 B. & Mac.
244.
(m) Bromjhton & Phis Power Coal Co. v. Cf. W. Ry. Co., 4 B. &
Mac. 191.
(H) Budd v. L. & N. W. Ry. Co., 36 L. T. N. S. 802 ; 25 W. E.
752; Liverpool Corn Assn. v. L. & N. W. Ry. Co., (1891) 1 Q. B.
130.
(o) North Lomdale Iron Co. v. Furness Ry. Co., 64 L. T. N. S.
122 ; Broughton & Plas Power Coal Co. v. G. W. Ry. Co., 4 B. &
Mac. 191 ; Denaby Main Colliery Co. v. M. S. & L. Ry. Co., 4 B. &
Mac. 28.
(p) Ransome v. Eastern Counties Ry. Co., 8 0. B. N. S. 709; 1 N.
& Mac. 155; Richardson v. Mid. Ry. Co., 4 B. & Mac. 1.
(q) Beeston Brewery Co. v. Mid. Ry. Co., 5 B. & Mac. 53, 60.
(r) Evershed v. L. & N. W. Ry. Co., 3 App. Gas. 1029; Thompson
v. L. & N. W. Ry. Co., 2 N. & Mac. 115.
(s} Bdl v. Mid. Ry. Co., 2 N. & Mac. 185.
(*) Pickering Phipps v. L. & N. W. Ry. Co., 8 Times L. E. 419.
60 CARRIAGE OF MERCHANDISE BY RAILWAY.
Where a company charge cartage rates and refuse to
allow a rehate to a trader who does his cartage him-
self (t).
Different and unequal treatment of the same classes of
traders at different towns (u), and higher rates for
grain to one town than another (v).
A rebate in respect of terminal services allowed at one
town and not allowed at another, the services not
being performed by the company in either case (a?).
Where a company have not adhered to their published
tariff, but made unfair variations from it in their
. charges to different traders (y).
Where two different articles compete with each other in
the same market, a considerable difference in the rates
of carriage amounts to an undue preference (s).
Whether a company who possess land near their station
commit an undue preference by granting a monopoly
of it to a particular trader appears to have been
thought doubtful (a) , but it is submitted that it would
not be an undue preference with which the Court
could deal (b).
A lower charge for goods consigned or to be delivered
through the railway company's agents than for those
consigned or to be delivered through a private
carrier (c).
(t} Colman v. O. E. Ry. Co., 8 Rep. Ey. Com. 8.
(u) Richardson v. Mid. Ry. Co., 4 B. & Mac. 1 ; Ransome v.
Eastern Counties Ry. Co., 1 N. & Mac. 63; 1 C. B. N. S. 437.
(v) Girardot, Flinn & Co. v. Mi</. ////. Co., 4 B. & Mac. 291 ;
Newry Town C<nmni**iimers v. O. N. Ry. Co., 7 B. & Mac. 184.
(x) Thorpe v. Mid. Ry. Co., 11 Rep. Ry. Com. 1.
(//) Foreman v. G. E. Ry. Co., 2 N. & Mac. 202.
(z) Nitshill & Lesmahagow Coal Co. v. Cal. Ry. Co., 2 N. & Mac.
39; and cf. Aln1>m Cum nun-nil Co. v. G. North of Scotland Ii;/.
Co., 3N. & Mac. 205.
(a) West v. L. & A. IT. /,'//. Co., L. R. 5 C. P. 622.
(6) See Locke v. N. E. Ry. Co., 3 N. & Mac. 44.
(c) Ford v. L. & S. W. Ry. Co., 7 B. & Mac. Ill ; 63 L. T. N. S.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 61
For a company so to manipulate its rates as to give
itself a preference as a carrier by road over private
carriers (d).
By refusing to deliver goods according to instructions
to a private carrier at the company's terminus. It
has been decided in England and Ireland that a rail-
way company is bound by general instructions to
deliver goods properly consigned to a private carrier
at its terminus (e). In Scotland, on the other hand,
it has been held that a railway company is only
bound to deliver specified goods to a private carrier,
so that the instructions have to be given with or
notified on each consignment (/). The Scotch cases
011 this point are not reconcilable with those decided
in England and Ireland, and until the question has
been carried higher it is presumed that the Commis-
sion Court will be bound by the decision of the Courts
of the country in which they happen to be sitting (g) .
If a company require persons bringing goods to them to
sign certain conditions, but permit their agents to
receive goods for conveyance without requiring the
consignors to sign the conditions (h) .
Where a company charge cartage rates and refuse to
allow a rebate in cases where they do not perform the
cartage (/).
841 ; Baxendah v. North Devon Ry. Co., 3 C. B. N. S. 324; 1 N. &
Mac. 180.
(d) Baxtndale v. G. W. Ry. Co. (Reading Case], 5 C. B. N. S. 336.
(e] In re I'arkintonand G. W. Ry. Co., L. R. 6 C. P. 554; Fish-
bourne v. G. S. & W. Ry. Co. (Ireland], 2 N. & Mac. 224 ; and cf .
Ford v. L. & S. W. Ry. Co., 63 L. T. N. S. 841 ; 7 B. & Mac. 111.
(/) Wannan v. Scottish Central Ry. Co., 1 N. & Mac. 237; Pick-
ford v. Cal. Ry. Co., 1 N. & Mac. 252; Menzies v. Cal. Ry. Co., 5
B. & Mac. 306.
(</) See Menzies v. Cal. Ry. Co., uli supra ; and Macfarlane v. N.
B. Ry. Co., 4 B. & Mac. 206.
(70 Baxendale v. Bristol & Ex. Ry. Co., 1 N. & Mac. 229; 11 C.
B. N. S 787.
(i) Garton v. Bristol & Ex. Ry. Co., \ N. & Mac. 218; 6 C. B. N.
62 CARRIAGE OF MERCHANDISE BY RAILWAY.
And where a rebate is allowed by the railway company
off the gross cartage rate in respect of cartage not
' performed by the company, it must not be less than
the cost of cartage (k) ; but the Court will not go into
the cost of cartage unless a preference be shown to
exist (/).
The fixing an arbitrary limit to a rate either in weight
or size of packages may, when it operates prejudi-
cially to a certain class of traders, become an undue
preference (m).
Where a company possesses two or more alternative
routes between two points, it is an undue preference
to prefer one to the other by unduly reducing the
rates by the one they prefer, as compared with those
by the other or others (n).
by making a great difference in the accommodation
by the different routes (o).
by subjecting the traffic on any routes it does not
prefer to disadvantage and delay (p).
But if the company are carrying traffic by the most
convenient of two routes, and a change of route would
have no effect on the rate, they will not be compelled
to carry by an alternative, and less convenient route (q) .
S. 639; Baxendalev. G. IV. 7?//. Co., 14 C. B. N. S. 1; Colmun v.
a. E. Ry. Co., 8 Eep. Ey. Com. 8.
(k) Ooddard v. L. & S. W. Ry. Co., 1 N. & Mac. 308 ; Mcnzies v.
Cal. Ry. Co., 5 B. & Mac. 306.
(1} Robertson v. Q. S. & W. Ry. Co., 2 N. & Mac. 374; Robertson
v. M. G. W. Ry. Co., 2 N. & Mac. 409.
(m) 1\'<"><l>/<-r v. ff. K. Ry. Co., 2 N. & Mac. 102; Ricliar<hn v.
Mid. By. Co., 4 B. & Mac. 1.
(//) City of DiiUin M< "in I'tn-kit Co. v. L. & N. W. Ry. Co., 4 B.
& Mac. 10; Ayr Harbour Trustees v. Glasgow & S. W. Ry. Co., 4 B.
& Mac. 90.
(o) Ayrshire & Wiytonshire Ry. Co. v. Glasgow cfc S. W. Ry. Co.,
14 Eep. Ey. Com. 29.
(;*) /.ii/nlnntfu'ry Harbour Commissioners v. G. N. Ry. Co., 5 B. &
Mac. 282.
(7) DouaM v. N. K. Ry. Co., 6 B. & Mac. 53.
CHAPTER V.
THROUGH RATES AND THROUGH ROUTES.
THE third part of the 2nd section of the Traffic Act of
1854 provides : " 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 communica-
tion, or which have the terminus, station, or wharf of the
one near (a) 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 con-
tinuous 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."
The Act of 1873, by a section (b) now repealed, gave the
Railway Commissioners power to sanction a through rate
upon the application of any railway company party to the
same. This power has now been extended and the power
of proposing a through rate or through route has now
been conferred on any person interested in the traffic in
respect of which it is proposed as well as on the railway
companies. Sect. 25 of the Act of 1888, after reciting the
(a) /. e., not more than one inile apart : 17 & 18 Yict. c. 31, s. 1
(fc) 36 & 37 Yict. c. 46, s. 12, repealed 51 & 52 Yict. c. 25, s. 59,
> CARRIAGE OF MERCHANDISE BY RAILWAY.
2nd section of the Act of 1854 and that it was desirable
to explain and amend the same, proceeds as follows :
51 & 52 Viet. " Subject as hereinafter mentioned, the said facilities to
be so afforded are hereby declared to and shall include the
due and reasonable receiving, forwarding, and delivering
by every railway company and canal company and rail-
way and canal company, at the request of any other such
company, of through traffic to and from the railway or
canal of any other such company at through rates, tolls,
or fares (in this Act referred to as through rates) ; and
also the due and reasonable receiving, forwarding, and
delivering by every railway company and canal company
and railway and canal company, at the request of any
person interested in through traffic, of such traffic at
through rates : Provided that no application shall be
made to the Commissioners by such person until he has
made a complaint to the Board of Trade under the pro-
visions of this Act as to complaints to the Board of Trade
of unreasonable charges, and the Board of Trade have
heard the complaint in the manner herein provided.
" Provided as follows :
" (1.) The company or person requiring the traffic to be
forwarded shall give written notice of the proposed
through rate to each forwarding company, stating
both its amount and the route by which the traffic
is proposed to be forwarded ; and when a company
gives such notice it shall also state the apportion-
ment of the through rate. The proposed through
rate may be per truck or per ton :
" (2.) Each forwarding company shall, within ten days,
or such longer period as the Commissioners may
from time to time by general order prescribe, after
the receipt of such notice, by written notice inform
the company or persons requiring the traffic to be
forwarded, whether they agree to the rate and
route ; and if they object to either, the grounds of
the objection :
THROUGH RATES AM) THROimi Rol I i (j5
" (3.) If at the expiration of the prescribed period no
such objection has been sent by any forwarding com-
pany, the rate shall come into operation at such
expiration :
" (4.) If an objection to the rate or route has been sent
within the prescribed period, the matter shall be
referred to the Commissioners for their decision :
" (5.) If an objection be made to the granting of the
rate or to the route, the Commissioners shall con-
sider whether the granting of a rate is a due and
iv;isonal)lc facility in the interest of the public^
and whether, having regard to the circumstances,
the route proposed is a reasonable route, and shall
allow or refuse the rate accordingly, or fix such
other rate as may seem to the Commissioners just
and reasonable :
" (6.) Where, upon the application of a person requiring
traffic to be forwarded, a through rate is agreed to
by the forwarding companies, or is made by order
of the Commissioners, the apportionment of such
through rate, if not agreed upon between the
forwarding companies, shall be determined by the
Commissioners :
" (7.) If the objection be only to the apportionment of
the rate, the rate shall come into operation at the
expiration of the prescribed period, but the decision
of the Commissioners as to its apportionment shall
be retrospective ; in any other case the operation of
the rate shall be suspended until the decision is
given :
" (8.) The Commissioners, in apportioning the through
rate, shall take into consideration all the circum-
stances of the case, including any special expense
incurred in respect of the construction, maintenance,
or working of the route, or any part of the route,
as well as any special charges which any company
may have been entitled to make in respect thereof.
D. F
66 CARRIAGE OF MERCHANDISE BY RAILWAY.
" (9.) 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 of departure and arrival of the through
route.
" Where a railway company or canal company use, main-
tain, or work, or are party to an arrangement for using,
maintaining, or working steam vessels for the purpose of
carrying on a communication between any towns or ports,
the provisions of this section shall extend to such steam
vessels and to the traffic carried thereby.
" When any company, upon written notice being given as
aforesaid, refuses or neglects without reason to agree to the
proposed through rates, or to the route, or to the appor-
tionment, the Commissioners, if an order is made by them
upon an application for through rates, may order the
respondent company or companies to pay such costs to the
applicants as they think fit."
Sect 26 of the same Act provides :
" Subject to the provisions in the last preceding section
contained, the Commissioners shall have full power to
decide that any proposed through rate is just and reason-
able, notwithstanding that a less amount may be allotted
to any forwarding company out of such through rate than
the maximum rate such company is entitled to charge, and
to allow and apportion such through rate accordingly."
Position of Under the Act of 1854 a trader had a right to select
trader. what company he pleased to deliver his traffic to, and to
require, without any second booking or second payment,
that the traffic should be delivered at the station to which
he desired that it should be sent, provided that he tendered
his traffic to the company at a station where there were
proper facilities for receiving it, that he named as the
delivery station a station where there were proper
THROUGH RATES AND THROUGH ROUTES. 67
facilities for delivering it, and that there was a continuous
route (no matter through how many companies' hands the
traffic had to pass) connecting the two stations. But
under that Act the sum which the trader would have had
to pay for the transit of his traffic would have been ascer-
tained by adding together the local rates of the various
companies over whose line it passed (b).
This facility was entirely independent of the reasonable-
ness of the route or the rate : the trader had the absolute
right to require any number of companies in Great
Britain to combine to form a continuous route by which
his traffic might be sent at a single booking and a single
payment (<-).
Under the Traffic Act of 1888 (d), the trader has been Effect of Act
given the additional facility of through rates, i.e., rates for of 1888<
the carriage of through traffic estimated in a somewhat
different manner, usually more favourable to the trader.
It is important, therefore, to consider (i) who may apply
for a through rate ; (ii) the conditions on which a through
rate will be granted; (iii) how it is to be apportioned
between the companies interested in it ; and (iv) the
extension of the jurisdiction to traffic by sea.
(i.) The Proposal of a Through Rate.
The facilities given by the Act of 1854 are to include
the receiving, forwarding, and delivering by every railway
company and canal company, at the request of any other
such company, of through traffic at through rates (<?).
(6) G. W. Ry. Co. v. Severn & Wye Ry. Co., 5 B. & Mac. 170,
188.
(c) Hid.
(d) Sects. 25 and 26, above mentioned. These sections are a re-
enactment and extension of sects. 11 and 12 of the Act of 1873,
which only permitted a railway company party to the through rate
to apply.
(e) Act of 1888, s. 25.
F2
G8 CARRIAGE OF MERCHANDISE BY RAILWAY.
Railway Perhaps the strongest case in favour of a through rate is
made when the company which has collected the traffic
applies for it, that is to say, the receiving company (/).
The terminal or delivering company may of course also
apply, but companies whose lines are situate at the end of
the proposed route are not the only companies who may
apply, but a company owning an intermediate portion of
the route may also apply for through rates (g) .
Moreover, a railway company whose line is worked by
another company, though it possess no rolling stock of its
own, may also apply (h) ; and the fact that a company's
interest in obtaining the through rate is comparatively
small, is no impediment to its proposing a through rate (/) .
Where, however, a railway company has altogether given
over to another company the power of fixing its own rates,
it will not be allowed to propose a through rate itself (/),
until the company to whom it has given the power of
fixing its rates has refused or neglected to propose a
through rate (/).
Where a railway company desire to propose a through
rate, it may do so by giving a written notice to each for-
warding company specifying the rate proposed, the route
to be adopted, and the manner in which it is proposed
that the rate should be apportioned between the various
forwarding companies, and it would also be well to
(/) O. W. Ry. Co. v. Severn <fc Wye Ry. Co., 5 B. & Mac. 182.
((/} Cii'ff'if ll'n/i* i(- Ciirtit'irt/int Jnwfi'n/t /,'//. Co. v. O. II". /,'//.
Co., 4 B. & Mac. 110; 10 Q. B. D. 231 ; Oreenock & Wemyss Ha,/ ////.
Co. v. Caledonian /.'//. Co., 3 N. & Mac. 145 ; 5 Ct. Sess. Cas., 4th
series, 1000.
(/<) (i. IT. /,'//. Co. v. Central JIW,s /,'//. Co., 10 Q. B. D. 231; 4
15. A: Mac. 110; Green>-'.- ,i- H"/////xx Jiui/ ////. Co. v. Cah<!ni<tn J!>/.
Co., B, H)00; 3 N. & Mac. M-".
(?) Sewn a- ll> ////. Oo. v. Q. R .. 5 B. & Mac. 156.
(/>) Central Wales, &c. Co. v. O. W. Ry. Co., 2 N. & Mac. 191.
(/) Central Wales, d~c. Co. v. L. & N. W. ////. <'o., 4 B. & Mac.
101.
THROUGH K M 1-S AND THROUGH ROUTES. 69
state the cliuss of traffic in respect of which the rate is
proposed.
The facility of a through rate is also to be given " at Traders,
the request of any person interested in through traffic,"
but, before applying to the Railway and Canal Commis-
sion for a through rate, such person must previously have
made a complaint to the Board of Trade, under sect. 31 of
the Act of 1888 (m), that the railway company is subject-
ing him to an unfair or unreasonable rate of charge, or in
some other respect treating him in an unreasonable or
oppressive manner. It is to be observed that the person
who is allowed to make a complaint to the Board of Trade
under sect. 31 is to be a person " receiving, sending, or
desiring to send goods by railway." It would seem,
therefore, that the wide expression " person interested "(n)
in through traffic, is to some extent cut down by this
section, and that, in order to be able to propose a through
rate, a trader must be interested in through traffic in the
sense of receiving, sending, or desiring to send traffic at
through rates.
The question arises whether one of the local authorities Local au-
who are given power to make a complaint to the Eailway
and Canal Commission (o) , have power to propose a through
rate under sect. 25. These authorities are specially given
power under sect. 31 to complain to the Board of Trade in
any case in which they or any traders in their district are
being charged unfair or unreasonable rates, but they are
not expressly referred to in sect. 25. The question has
not been determined, and until then must remain doubt-
ful ; but under the Act of 1873 it was held that a harbour
board could not apply (p) . Probably, however, if the local
(m) See p. 64.
(ri) See the interpretation put upon these words in sect. 14 of the
Act of 1873, p. 87.
(0} Act of 1888 (51 & 52 Viet. c. 25), s. 7.
(p] See Ayr Harbour Trustees v. Glasgow & 8. W. Ry. Co., 4 B.
& Mac. 81.
70
Course to be
pursued by-
trader.
CARRIAGE OF MERCHANDISE BY RAILWAY.
authority was in the habit of consigning or receiving
through traffic itself, it would come within the meaning of
the expression " person interested."
The course which a trader desiring a through rate should
adopt, therefore, is as follows : He should first apply to
the railway company to whom he delivers his traffic, and
if the through rate be refused him, or if it be fixed unduly
high, he should then complain to the Board of Trade under
sect. 31 of the Act of *1888. If this should fail, or if the
Board of Trade are unable to induce the railway company
to accept a reasonable through rate, the trader may then
himself propose what he considers a reasonable through
rate by giving a written notice to each forwarding com-
pany, stating the amount of the rate, and the route
proposed, and also, probably, the class of traffic in respect
of which the rate is proposed.
(1) Amount
of rate.
(ii.) The Conditions on which a Through Rate icill be granted.
In order that a proposed through rate may be granted,
it must be shown to be a due and reasonable facility, and
in determining whether it is so or not there are four
points to be considered : (1) the amount of the proposed
rate; (2) the route; (3) agreements between companies;
(4) whether it is a facility which ought to be granted in
the interests of the public consistently with a duo regard
for the interests of the companies.
On the proposal of a through rate, if an objection to the
rate or route has been sent within the prescribed period
(ten days), the matter is to be referred to the Commissioners
for their decision (q).
The llailway and Canal Commission have power to
sanction a through rate, notwithstanding that a less amount
may be allotted to any forwarding company, out of such
(</) Act of 1888 (51 & 52 Viet. c. 25), s. 25, sub-s. 4.
THROUGH RATES AND THROUGH ROUTES. ? I
through rate, than the maximum rate such company is
entitled to charge " (r) ; but they cannot 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 (s) . This alternate line of communi-
cation may be an independent one (t) ; but the mileage
rates by it which are made the criterion of the rates the
company can be compelled to accept must be mileage rates
for a line having the same termini as the through route,
and must be charged in respect of traffic travelling over
it for its whole length, the words "between the same
points " referring as much to the traffic carried as to the
line of communication (K) .
There is no prima facie case for specially low charges, Onus on
but the onus is upon the applicant for compulsory rates to a PP llcant -
justify a requirement that a company affected should carry
for less than it would otherwise receive (r).
In a case under the Act of 1873, however, where a Competitive
through rate had been reduced by competition, the Com- rate>
missioners refused to allow the rate to be increased on the
removal of the competition without some reason being
shown by the railway company for doing so (x) .
A through toll may be granted without annexing to it Through rate
a through rate, or vice versa (y) ; and a rate may be granted and toU '
(r) Hid. s. 26.
(s] Hid. s. 25, sub-s. 9.
(t] Warwick & Birmingham Canal Navigation Co. v. Birmingham
Canal Co., 3 N. & Mac. 113.
(u) Hid.
(v} Belfast Central By. Co. v. G. N. By. Co., 4 B. & Mac. 159.
(*) 0. N. Ir. By. Co. v. Belfast Central By. Co., 3 N. & Mac.
411.
(y} Warwick & Birmingham Canal Co. v. Birmingham Canal Co.,
3 N. & Mac. 113.
72 CARRIAGE OF MERCHANDISE BY RAILWAY.
for traffic in owners' wagons, though there is already a
through rate for traffic in company's wagons (z) .
Power to alter Formerly, when a through rate was proposed, the Corn-
proposed rate. . . . , . , , , , t , -i -,
missioners might allow or reject it, but had no power to
order any through rate of a different amount (a) . The
Act of 1888, however, has given them express power to
allow or refuse the proposed rate, or fix such other rate as
may seem to them just and reasonable (b).
(2) Route. The second condition of a compulsory through rate is
that the route to which it is applicable must be reason-
able (c) . At the same time, a route, to be a reasonable
route, need not be the best route ; it will be considered a
reasonable route if it is as good as any other route ; and
if, although there may be quicker and cheaper routes, it is
capable of maintaining competition with them, and efficient
enough to be likely to be preferred for some portion of the
traffic (d). And a route is not necessarily unreasonable
because only a small quantity of traffic would be likely to
pass along it, if the through rate would assist the develop-
ment of the traffic, and enable the route to compete with
other lines (e) .
The method in which the traffic is likely to be worked
has also an important bearing on the reasonableness of a
proposed through route. But a route which would be
reasonable if worked by one company, does not become
unreasonable merely because it would be worked by two or
more companies (/). Nor is it a fatal objection to a pro-
(z) Newry & Armagh Ry. Co. v. O. N. Ir. Ry. Co., 3 N. & Mac. 28.
(a) Belfast Central Ry. Co. v. Q. N. Ir. Ry. Co. (No. 3), 4 B. &
Mac. 159.
(6) Sect. 25, sub-s. 5.
(c) Act of 1888 (51 & 52 Viet. c. 25), s. 25, sub-s. 5.
(d) O. W. Ry. Co v. Scrmi ,C II > /.'//. Co., 5 B. & Mac. 170.
(e) C*'i,lr,il H'ules, &c. Ry. Co. v. L. & N. W. Ry. Co. and O. W.
7?.y. Co., 4B. &Mac. 211.
(/) Swindon & Marlborough Ry. Co. v. O. W. Ry. Co., 4 B. &
THROUGH RATES AND THROUGH ROUTES. 73
posed route that, though shorter than a competitvo route,
traffic proceeding hy it would have to he set down at a
junction on the proposed route, to wait and he picked up
hy a train tlini had started from the point of departure
and proceeded to the junction hy the more circuitous
competitive route (g) .
At the same time, traffic will not he forced upon a
company which they have to carry at a disadvantage, as
where the company conveying the traffic in respect of
which the rate was proposed would have to carry it over a
considerable portion of the line of another company, over
which they had running powers, subject to the terms of
paying all receipts, except a margin for working expenses,
to the company owning and working the line, and who
were well able to accommodate the traffic (h). But where
the proposed route is shorter than one already existing,
although it is in accordance with railway practice to hand
over traffic to the company that is to deliver it at the
nearest convenient station, the route will not he held
unreasonable merely because by it the traffic will be
handed to the delivering company shortly before its arrival
at its destination (?'). The fact that the railway forming
the proposed route has been constructed for other purposes
than through traffic will not prevent a through rate being
granted (/,).
It seems that although a through rate may be otherwise (3) Agree-
unobjectionable, the existence of agreements between rail- ments -
way companies, into which they have been authorised to enter,
may prevent a through rate being granted. This refers
only (a) to so-called statutory agreements, and (b) to
agreements which have been confirmed by the Board of
(g) Central Wales, &c. Ry. Co. v. L. & N. W. By. Co., and G. W.
By. Co., 4 B. & Mac. 211.
(h] Severn & Wye Ry. Co. v. G. W. Ry. Co., 5 B. & Mac. 156 ; and
see Donald v. N. E. Ry. Co., 6 B. & Mac. 53.
(0 Caledonian Ry. Co. v. North British Ry. Co., 3 N. & Mac. 403.
(*) Ibid.
74 CARRIAGE OF MERCHANDISE BY RAILWAY.
Trade or by the Eailway and Canal Commission under
sect. 10 of the Act of 1873; for it is expressly enacted that
nothing in any agreement which does not come under one
of these two heads is to prevent the Commissioners from
making or enforcing any order with respect to facilities (/) ;
nor, apparently, does this apply to canals (M) .
So where companies have entered into agreements which
are within their power to make, the Commissioners have
no power (nor would they exercise it if they possessed it)
to interfere with any rights acquired under such agree-
ments (11). And companies acting within such agreements
will not be deemed to have contravened the Traffic Acts
though they send traffic by the more circuitous of two
routes (o) .
Agreements Such agreements, however, when they limit competition,
strued strictly, will be strictly construed (p), and the existence of an
agreement between two companies will not prevent a
through rate being granted over the line of one of them at
the instance of a third company (q) .
On a similar principle to that above mentioned with
regard to agreements, through rates will not be granted if
they interfere with statutory rights ; and so where a canal
company was restrained by statute from altering its rates
without the consent of a railway company, it was held that
there was no power to grant a through rate by the canal
without the railway company's consent (;).
(Z) Act of 1888 (51 & 52 Yict. c. 25), s. 11.
(m) Ibid. B. 37.
(n) Met. Diet. By. Co. v. Met. Ry. Co., 5 B. & Mac. 126; North
Monkland Ry. Co. v. North British Ry. Co., 3 N. & Mac. 282.
(o) Central Wales, &c. Ry. Co. v. L. & N. W. Ry. Co., 4 B. &
Mac. 101.
(p) Mid. Ry. Co. v. G. W. Ry. Co., 2 N. & Mac. 88.
(q) Central Wales, &c. Ry. Co. v. O. W. Ry. Co., 4 B. & Mac. 110.
(r) Warwick & /iirniin;//ntm <'<nml ('<>. v. Htrmingham Canal Co.,
5 Ex. D. 1; 3N. & Mac. :)J1.
THROUGH RATES AND THROUGH ROUTl s. 75
(iii.) Apportionment of Through Rate.
Where a through rate proposed by a trader is agreed to
by the forwarding companies, but the apportionment of it
is disputed (s), or if the objection be only to the apportion-
ment (t) , the rate comes into force, and the Eailway and
Canal Commission have to decide the apportionment, which
is retrospective.
The statute enacts that in apportioning the through rate
the Court is to consider " all the circumstances of the case,
including any special expense incurred in the construction,
maintenance or working of the route or any part of the
route, as well as any special charges which any company
may have been entitled to make in respect thereof " (u) ;
aiid it must also be remembered that a company cannot be
compelled to accept lower mileage rates than it is charging
by another route between the same points (tr) . Where
two routes exist, however, by one of which a company
carries a long and by the other a short distance, the
company cannot expect to receive the same gross amount
as its proportion in respect of the short distance as it
receives out of the rate for the route on which it carries
the longer distance (a) .
The general rule for apportioning a through rate is to General rule,
make to each of the companies owning the stations at
either end of the route an allowance for terminals, and to
divide the remainder among the companies parties to the
route according to mileage (y) . Short distance clauses,
however, may be taken into consideration where the
(s) Act of 1888 (51 & 52 Yict. c. 25), s. 25, sub-s. 6.
(t) Ibid, sub-s. 7.
(u) Ibid, sub-s. 8.
(v} Ibid, sub-s. 9.
(a;) East & West Junction Ry. Co. v. G. W. Ry. Co., 2 N. & Mac.
147.
(y] Torbay & Brixham Ry. Co. v. S. Devon Ry. Co., 2 N. & Mac.
391 ; Severn & Wye Ry. Co. v. G. W. Ry. Co., 5 B. & Mac. 156.
76 CARRIAGE OF MERCHANDISE BY RAILWAY.
mileage of any one company is within them (~). And if
no station exists at the point of junction of two lines where
traffic can be transferred, the company may carry the
traffic to the nearest station for the purpose of transfer-
ence, and add the double distance thus run over to its
mileage (a) .
Whether the allowance for terminals is to be the same
as that charged to the public, or whether some allowance
is to be made when no terminals are charged to the public,
would seem to depend on the circumstances of the case (b).
Special cir- Where special circumstances exist to induce the Court
to give a railway company a larger proportion out of the
through rate than it would take under the above general
rule, the Court may either apportion to the company a
fixed amount out of the gross rate (c) , or allow it to add
some number of miles to its actual mileage (d).
(iv.) Traffic by Sea.
Through rates Through rates for traffic are not confined to traffic by
land, for where a railway company or canal company use,
maintain, or work, or are party to an arrangement for
using, maintaining, or working steam vessels for the
purpose of carrying on a communication between any
towns or ports, the provisions of the Act as to through
rates are to apply to such steam vessels and to the traffic
carried thereby (e). This is a re-enactment of the same
clause which was contained in sect. 12 of the Act of
(z) Tul-n-IJt/n /.'//. Co. v. Cambrian Ey. Co., 5 li. \ Mac. 122.
(a] Central in//'* %. Co. v. L. & N. II'. /,'.//. Co., I l'. K Mac.
101 ; ,S //*/"'/// <t- />"/"' /'// Co. v. L. <fc S. W. /.'//. Co., 3 N. K Mac.
314 ; /;//r/.;/;/*M-/y// ////. Co. v. S. Devon Ry. Co., 1 N. & Mac. 321.
(6) Longton, A<l>/>r// (Hreen & Buck-mil lly. Co. v. N. Stafford.
/!>/. Co., 8th Eep. Ey. Commrs. 41; Lloyd v. Nortlimnfton & Ban-
bury Ey. Co., :: N. \- Mar. LV)!'.
(c) Warwick <i Ilinuiiujluim Canal Co. v. Hirtniiujham Canal Co.,
3N. &Mac. 11-5.
(d) Solway Jimrfin,, /'//. Co. v. Maryjiorf /?//. Co., 3N. & Mac. 264.
(e) Act of 1888 (51 & 52 Viet. c. 25), s. 25.
THRWMl KATl.s AM) THROUGH ROUTES. 77
1873 (/), and under that clause the following questions
have been decided :
In order to constitute an arrangement for using, main- The " ar-
taining, or working steam vessels, there must be an agree- ran ement -
ment of some sort which is binding on both the steamship
owners and the railway or canal company (#), and it must
be definite ; and if so loosely drawn that it is uncertain
whether it be binding or not, the agreement will give no
rights under this section (//). If, however, there be a sub-
stantial agreement, it is not material that one of the
parties to it is disputing its terms (i). Moreover, the
agreement may be a temporary one, but in that case the
through rates can only be granted so as to be in force
during the continuance of the agreement (k) . An arrange-
ment for the through booking of traffic, however, is not an
agreement under which the railway company can be said
to " use " the steam vessels (/).
The clause takes effect whenever there is an arrange- Who may
ment with the steamship proprietors for the conveyance of api> y '
traffic to or from any port or town with which there is
railway communication, provided the railway company,
party to the arrangement, owns, works, or is otherwise
immediately interested in some portion or other of the
line of railway communication. In such cases the steam
vessels become, for the purposes of "through rate" faci-
lities, or the like, a railway, and their owners a railway
company ; and the sea route and railway route together
(/) 36 & 37 Viet. c. 48.
(g) Ayr Harbour Trustees v. Glasgow & S. W. By. Co., 4 B. &
Mac. 81.
(h] Caledonian By. Co. v. Gretnock & Wemyss Bay By. Co., 4 B. &
Mac. 70.
(0 Ibid.
(k) Belfast Central By. Co. v. G. N. Ir. By. Co. (No. 4), 4 B. &
Mac. 379.
(?) Ayr Harbour Trustees v. Glasgow cfc S. W. By. Co., 4 B. &
Mac. 81 ; and cf. Newry Nav. Co. v. G. N. By. Co., 7 B. & Mac.
176.
78 CARRIAGE OF MERCHANDISE BY RAILWAY.
form one continuous line; but, as regards the land portion,
the particular railway at the port of shipment is in no
exceptional position, and may be unaffected by the agree-
ment, unless and until through rates are imposed upon it,
in conjunction with other companies, by an order made by
the Eailway Commissioners under their Acts (m).
From the case last referred to, it would seem that where
a binding agreement exists between a railway company and
a steamship company, either the steamship company, party
to the agreement, or the railway company, or any other
railway company on the through route, may apply for a
through rate. And, of course, a trader might also do so if
" interested in the through traffic," provided he has taken
the preliminary steps required of him by the Act (n).
But it seems that a rival steamship company, who are not
parties to a through traffic arrangement with a railway
company, have no locus standi to apply for a through rate
on the ground of the existence of a through traffic arrange-
ment between another steamship company and a railway
company (o).
(m] Caledonian Ry. Co. v. Greenock & Wemyss Bay By, Co., 4 B.
& Mac. 135.
(n) See p. 64.
(o) Southsea & Isle of Wight Steam Ferry Co. v. L. & S. TT. 7?//.
Co., 2 N. & Mac. 341 ; and cf. Napier v. Glasgow & S. W. Ry. Co.,
1 N. & Mac. 292.
CHAPTEE VI.
RATES AND CHARGES AND THE DIVISION OF RATES.
THE Railway and Canal Commission have been given
express jurisdiction over tolls, rates, and charges.
Sect. 10 of the Act of 1888 provides, " Where any ques- Jurisdiction
tion or dispute arises, involving the legality of any toll, and'rates
rate, or charge, or portion of a toll, rate, or charge, charged
or sought to be charged for merchandize traffic by a com-
pany to which this part of this Act applies, the Commis-
sioners shall have jurisdiction to hear and determine the
same, and to enforce payment of such toll, rate, or charge,
or so much thereof as the Commissioners decide to be
legal."
In the Railways Clauses Act of 1845 the word "toll" is Distinction
defined to include any rate or charge, or other payment rates^and
payable under the special Act for any passenger, animal, charges,
carriage, goods, merchandize, articles, matters, or other W ToU -
things conveyed on the railway. This wide meaning is
not, however, the ordinary meaning attached to the word
" toll," and even in that Act, as in sects. 93, 94, 95, and
97, the word has been cut down to a much narrower
meaning. (See pp. 84 and 97.)
The Act of 1845 treated the railway as a highway
which, upon payment of the authorized tolls, any person
was to be entitled to use with his or their own engines,
carriages, or trucks, subject only to proper regulations as
to times of departure, arrival, speed, and the like to be
made by the company (a). "When this course is adopted
(a) Hull v. L. B. & S. C/, By. Co., 15 Q. B. D. 536; 5 B. &
Mac. 28.
80 CARRIAGE OF MERCHANDISE BY RAILWAY.
the payment for the use of the railway only was a toll
strictly so called. The tolls in this sense which a railway
company may charge are fixed by the special Acts of the
various companies, and are usually fixed at so much per
mile. These tolls have not been affected by the provisional
orders of the Board of Trade, which refer only to rates
and charges.
(ii) Rates and The Act of 1845, however, by sect. 86, also permitted
the railway companies " to use and employ locomotive
engines or other moving power and carriages and waggons
to be drawn or propelled thereby, and to carry and convey
upon the railway all such passengers and goods as may be
offered them for that purpose, and to make such reasonable
charges in respect thereof as they may from time to time
determine upon, not exceeding the tolls by the special Act
authorized to be taken by them." The word tolls in this
section is used in the more extended sense of the definition
clause, not as a toll for the use of the highway, but
remuneration receivable by the company for the carriage
of the goods ; and the tolls by the special Act authorized
to be taken are now superseded by the maximum rates and
charges authorized by the provisional order applicable to
the railway.
These rates and charges now authorized consist for
ordinary merchandise traffic of a mileage or conveyance
rate, a charge for station terminals, where a station is used
by the traffic, and a charge for service terminals, that is,
loading, unloading, covering, and uncovering. A maximum
amount is specified under each of these heads beyond
which the company may not charge. There are also
certain other services, such as collection and delivery and
other matters in respect of which the company may make
an additional charge when rendered to a trader at his
request or for his convenience ; but to ascertain the maxi-
mum amount any company may charge, reference must be
made to the provisional order applicable to that company.
When railway companies carry in this manner under
RATES AND CHARGES AND THE DIVISION OF RATES. 81
sect. 86 of the Railways Clauses Act, they are common
carriers, and are liable as insurers for the safety of the
goods they carry, except where specially exempted from
that liability by statute (b) . They are, however, only
bound to carry as common carriers goods which they
profess to carry as such.
There is therefore a third method in which the railway (iii) Carriers
may be used. Since the passing of the Traffic Act of 1854 contract
railway companies are bound to afford reasonable facilities
for traffic, and cannot, it seems, refuse to carry traffic
except upon terms which are unreasonable. They are not,
however, necessarily common carriers of such traffic. They
may refuse to take the risks of common carriers and may
carry under special contract (c) . Under sect. 105 of the
Railways Clauses Act, 1845, a railway company cannot be
required to carry aquafortis, oil of vitriol, gunpowder,
lucifer-matches, or any other goods which, in the judg-
ment of the company, may be of a dangerous nature.
But all other goods which they do not profess to carry as
common carriers they may carry under special contract,
that is, not as insurers. Such a special contract, however,
must be just and reasonable in its terms and signed by
the consignors of the traffic (d).
Whether the rates and charges which the railway com- Rates where
pany may exact under such special contracts can exceed speciaf coif-
the maximum rates they are authorized to charge in tract -
respect of such traffic is perhaps not altogether free from
doubt. It has been decided in two cases that such rates
and charges must be within the maximum (e), and probably
in ordinary cases that is so. It is submitted, however,
(6) See as to common carriers, p. 101, and exemption from
liability, p. 118.
(c) DickBon v. G. N. Ry. Co., 18 Q. B. Div. 176, p. 184.
(d) See as to this, p. 132.
(e) Aberdeen Commercial Co. v. Great North of Scotland Ry. Co.,
6 Ct. Sess. Gas. 4th series, ; 3 N. & Mac. 205 ; Chutterhj Iron Co.
V. N. Sta/ordshire Ry. Co., 3 X. & Mac. 238.
D. G
82 CARRIAGE OF MERCHANDISE BY RAILWAY.
that as regards animals mentioned in sect. 7 of the Act of
1854, and goods mentioned in the Carriers Act, of which
the value exceeds that stated in those Acts, though the com-
pany should not exceed their maximum where they decline
to take the risk of insurance, yet where they insure they
may charge, in addition to their authorized maximum, a
reasonable sum for insurance (/).
Route. A company is not bound to carry by the shortest route.
And if at the junction of two lines there are no facilities
for dealing with goods traffic, and the usual course is to
carry the goods to a large goods station near the junction
and back for the purpose of transference, they may charge
the mileage rate for the distance actually carried (g). But
if a company possess two or more routes they must not
favour one more than another ; and if a trader choose to
consign his traffic by a particular route it must not be
subjected on that account to disadvantage or delay (//).
And if a trader consider that his traffic is not being fairly
treated by the route adopted by the railway, he is at
liberty to take the necessary steps for obtaining a through
rate (/).
Special Although a company are not entitled to charge anything
over and above the sums authorized for the carriage of
goods, yet they may, by previous agreement, make charges
for some services, conveniences, and facilities afforded by
them beyond the mere carriage of goods (k). The doctrine
of ultra rircs must not be pushed too far, and if tho
company allow the public to make use of conveniences in
and about their stations, though not strictly connected
(/) Cf. / . <1. N. ny. Co., 18 Q. B. Div. 17G.
(a] Myers v. W. /.'//. Co., L. E. 5 0. P. 1 ; Central Wales
Jly. Co. v. L. & N. II'. /,'//. Oo. t 4 B. & Mac. 101; Salisbury tfc Dorset
By. Co. v. L. tfc S. JJ'. 7/y. Co., 3 N. & Mac. 314.
(/<) Londonderry J/arlotir < rs v. <!. N. Ry. Co., 5 B. &
Mac. 282 ; tho alternate route must bo a reasonable route : Donald
V. N. E. Jly. Co., G B. &. Mac. 53.
(/) See p. 69.
(/,-) /''f/f'r v. MonmoutJifJiirc Jty. ami Canal Co., 30 L. J. Ex. 249.
HATES AND CHARGES AND THE DIVISION OF RATES. 83
with tlio business of a railway company, they will be
allowed to make a reasonable charge for them (/).
Thus, where a railway company possessing a weighing
machine at one of their stations had put up a notice that
Id. per ton would be charged to the public for the use of
the weighing machine, they were held entitled to recover
that amount on the ground that the defendants, having
weighed their goods on the machine after knowing of the
notice, must be taken to have agreed to make the payment
mentioned therein (w).
But this right to make charges not expressly authorized Right to
by statute or the company's Acts in respect of special founded en
services is entirely founded on agreement either express or
implied. And so where a company claimed to have per-
formed special services for a trader, but had made no
agreement with him regarding them, and given him no
notice that the special service would be charged for, so as
to allow the trader the option of performing the services
himself, the railway company having charged the trader
more than they were authorized to do, were not allowed to
set off these charges for special services in an action by the
trader to recover the excessive charges paid by him () .
When a Government duty is payable by a railway Statutory
company on the sums charged by it, the company may
add the amount of such duty to its authorized charge (o) ;
but where a statutory obligation is imposed upon a com-
pany to do certain acts, such as cleansing and disinfecting
cattle trucks, the performance of the obligation is not a
service rendered to an individual for which they can make
a charge (p). Such a charge, however, is in this particular
case now expressly authorised (p. 208).
(/) Price v. L. & N. W. Ry. Co., 11 Q. B. D. 485.
(//O Ibid.
(n) Lane. & York. By. Co. v. Gidlow (No. 1), 42 L, J. Ex. 129;
and see S. C. (No. 2), L. E. 7 H. L. 517, p. 522.
(o) Brown v. Cf. W. Ry. Co., 9 Q. B. Div. 744.
(p) Cox v. Cr. E. Ry. Co., L. E. 4 C. P. 181.
84 CARRIAGE OF MERCHANDISE BY RAILWAY.
Tolls and Ifc may be well to mention here that sects. 93 to 95 of
the Kailways Clauses Act, 1845, requiring all tolls to be
exhibited on a board, and milestones to be set up along the
railway, and allowing the company only to charge tolls
whilst the tolls are exhibited and the milestones set up,
apply only to tolls for the use of the railway where the
railway company do not act as carriers. So that the
omission to set up a milestone will not prevent the railway
company recovering fares and charges made as carriers
which are not tolls within the meaning of these sections (q) .
Rate Books and the Division of Rates.
The most important provisions with regard to rate
books and the division of rates by railway companies, are
sect. 14 of the Act of 1873 (>), which is still in force, and
sects. 33 and 34 of the Act of 1888 (*).
As is well known, railway companies are accustomed to
quote rates to traders in lump sums, without apportioning
any part to particular services. Thus, whether the rate be
a rate from private siding to private siding, from station
to station, or include cartage and delivery, the trader is
in each case charged an inclusive rate, and, apart from
statute, has no means of ascertaining how much of the rate
is for conveyance, how much for terminal accommodation
or services, or how much for cartage or other services.
The Acts of 1873 and 1888 both contain provisions to
enable traders to get this information, and probably the
division of terminal accommodation, and the services of
loading, unloading, covering, &c., into different heads,
contained in the Orders the subject of this book, with a
separate maximum for each head, will tend in the same
direction. At the same time, it will be noticed hereafter
( 7 ) Jlrown v. G. W. Ry. Co., 9 Q. B. Div. 744.
(r] 36 & 37 Viet. c. 48.
() 51 & 52 Yict. c. 25.
RATES AND CHARGES AND THE DIVISION OF RATES. 85
that some cases are still unprovided for, and that in others
railway companies, if they comply with the letter of the
enactment, are able to avoid giving the information which
would he of practical value to the trader.
Sect. 14 of the Act of 1873 may conveniently be divi- 36 & 37 Viet.
ded into three heads (a) the first orders the provision of
rate books at all stations ; (b) the second gives the Rail-
way Commissioners power to order the division of the
rates in certain cases ; (c) while the third part provides a
penalty to which a railway company is to become liable
for non-compliance with the requirements imposed on the
company by this section.
The first two headings will require separate considera-
tion.
The first part of the section provides that " every rail- ( a ) Keeping
, , , ,, , , of rate books.
way company and canal company shall keep at each or
their stations and wharves a book or books showing every
rate for the time being charged for the carriage of traffic,
other than passengers and their luggage, from that station
or wharf to any place to which they book, including any
rates charged under any special contract, and stating the
distance from that station or wharf of every station, wharf,
siding, or place to which any such rate is charged. Every
such book shall, during all reasonable hours, be open to
the inspection of any person without the payment of any
fee."
It is convenient to consider this part of the section
by itself. In the first place, the right to inspect these
books is a right given to the public by the legislature, and
anyone desiring to inspect them has a right to do so, and
he need not show that he is in any way personally inte-
rested, or that he is about to send traffic by rail (t). And
() Watldnson v. Wrexliam, Mold, & Connali's Quay EIJ. Co. (No. 1),
3N. & Mac. 5; Catrns v. N. E. Ry. Co., 4 B. & Mac. 221; Clonmel
Traders v. Waterford & Limerick By. Co., 4 B. & Mac. 92.
6 CARRIAGE OF MERCHANDISE BY RAILWAY.
the right to inspect seems to include the right to take
copies or extracts from the books (u).
Notwithstanding that a company failing to comply with
these requirements becomes liable to a penalty, the Bail-
way and Canal Commission have jurisdiction to entertain
a complaint of a contravention of this section (x), and will
make an order to restrain the contravention and to allow
the taking of extracts or copies of the book.
The rate books must be kept at all the company's
stations; so it has been held a contravention of this section
where a railway company kept no rate books at their local
stations, but divided all their mineral traffic into three
districts, each district having a principal station at which
rate books were kept, although they charged and booked
no mineral traffic from their local stations, but from their
principal stations only (if).
What to The rate books are to show every rate from the station
" to any place to which they book," and this expression,
though not identical, is closely connected with the expres-
sion " to which they quote a rate " ; and so, although an
isolated instance in which a rate had been quoted and
accepted might not come within the section, yet, if goods
are regularly accepted on definite terms for conveyance
between two places, the case will come within the sec-
tion (~). So, the books must show all rates, through rates
as well as local, even though the through rates be on the
line of another company; but they need not show the
rates from any other station than that at which the book
is kept (a) ; but in the case of a through rate the books
(/O Perl-ins v. L. <fc N. 1 1'. I X. & Mac. 327; and cf.
Mt'tiir v. East 'Ixmh Ry. Co., 38 Ch. D. 92.
(x) Perkins v. L. & N. W. Ry. Co., 1 N. & Mac. 327; Cory v.
Yarmouth & Norwich Ry. Co., 3 Ry. Cases, 524.
(//) Jones v. N. E. Ry. Co., 2 N. & Mac. 208.
(*) PeUall Coal Co. v. L. & N. II'. J!, f . Oo. t '2'.} <>. 15. D. 53G, 5-J2.
(a) Oxl ' v .Y. //. ////. Co., 3N. ft Mao. 30; l\hll Coal Co. v,
L. & N. W. lly. Co., 23 Q. B. D. 536, 5-17.
KATES AND CHARGES AND THE DIVISION OF RATES. 87
need not show how much each company gets as its pro-
portion of the through rate (b) .
In addition to tho actual rates, the rate books must Distances,
state the distances from the station of the places to which
the rates are charged, and if this be not done an injunction
will be granted ordering the railway company to do so (c) .
The second part of the section (d) provides that " the ( b ) Division
,. ;. ,! f jj of rate.
Commissioners may from time to time, on the application
of any person interested, make orders with respect to any
particular description of traffic, requiring a railway com-
pany or canal company to distinguish in such book (<?),
how much of each rate is for the conveyance of traffic on
the railway or canal, including therein tolls for the use of
the railway or canal, for the use of carriages or vessels, or
for locomotive power, and how much is for other expenses,
specifying the nature and detail of such other expenses."
The first thing requiring notice in this part of the section
is that while the right to see the rate books under the first
part of the section is given to every member of the public,
under the second part the right to have the rate divided is
only given to any person interested. And so, on an appli-
cation to the Railway and Canal Commission to have the
rates in a rate book divided under this section, the appli-
cant must file an affidavit showing how he is interested (/).
What, then, is it necessary for an applicant to prove so
as to bring himself within the words " any person inte-
rested " ? The person who pays the rate is not the only
person interested, but any person who makes out by proper
evidence that the rates which he seeks to have dissected
(6) Watldnsonv. Wrexham, Mold, & Connah's Quay Ry. Co. (No. 3),
3 N. & Mac. 446.
(c) Chatterley Iron Co. v. North Staffordshire By. Co., 3 N. & Mac.
238.
(d) Sect. 14 of the Act of 1873 (36 & 37 Viet. c. 48).
(e) /. e., the rate book ordered to be kept at stations by tho earlier
part of the section.
(/) Railway and Canal Commission, General Rules, No. 0.
88 CARRIAGE OF MERCHANDISE BY RAILWAY.
are really and substantially competitive rates with his own
is a person interested within the meaning of this sec-
tion (g). And this is not the only ground on which
interest may be established; for a lady who possessed
a private station connected with the London & North
Western Railway, and who received a sum by way of
terminal in respect of certain goods there dealt with, was
considered to be interested in the division of the rates of
traffic to her private station (//) .
A view somewhat larger was taken by Sir F. Peel in
the Pekall Coal Co. v. L. 8f N. W. Ey. Co. (i), who con-
sidered that the expression " interested " meant " however
interested," and comprehended all persons who have a
bond fide interest in knowing how the particular rates are
made up. The learned Commissioner put the case of
persons about to enter upon some business on premises
adjoining a station, and seeking to know all about the
rates on their particular description of traffic, and who
have made and been refused a demand for such informa-
tion ; and he considered such persons would be interested,
and have locus stand i under this section, although at the
time they had had no transactions with the railway com-
pany.
It would seem, then, that the interest must be a com-
mercial interest, and not merely arising out of curiosity,
but that if the interest be bond fide and materially affect
the applicant, it may take various forms.
Purpose for But something more than mere interest must be estab-
Satioa Hshed. In Tomlinson v. L. Sf N. Ey. Co. (k), Wills, J.,
sought. gaij . j n order to succeed in obtaining an order for the
division of rates under this section, the applicant must
(g) Pehall Coal Co. v. L. & N. W. Rij. Co., 23 Q. B. D. 536, 545.
('//) Tomlinson v. L. cfc N. W. Ey. Co., 63 L. T. (N. S.) 86; 7 B. &
Mac. 22.
(/) 23 Q. B. D. O,JL>.
(A-) 63 L. T. (N. S.) 86; 7 B. & Mac. 33; the reports differ
slightly.
RATES AND CHARGES AND THE DIVISION OF RATES. 89
establish two propositions (1) that she is interested within
the meaning of the section (without which she has no lucux
standi at all), and (2) that there are good grounds for
exercising in her favour a judicial discretion. Whether
the applicant is interested is not necessarily the same
question as what are the grounds for demanding the
information. If the applicant has no reasonable cause of
complaint to establish or remedy, or no tangible or ap-
preciable reason of self-protection to advance, the Court
will be reluctant to gratify idle curiosity or to encourage
mere fishing inquiries simply to enable a person to see if
he can discover anything to find fault with." The reason
for requiring the applicant to substantiate a reasonable
purpose, for which he seeks the information, appears to
be that if Parliament had meant to put railway com-
panies under any duty to give the information to all
comers, it would have said so, and instead of giving them
the protection of the interposition of the Commissioners,
would have imposed upon them the liability at once, and
would have left to the Commissioners merely the power
and duty of enforcing the statutory obligation (/).
When, however, it has once been established that the
applicant is interested, a very moderate degree of evidence,
showing a legitimate purpose for which the information is
sought, would in ordinary cases be sufficient to satisfy the
Court that its discretion ought to be exercised in favour of
the application (m).
We have seen that the rate books must contain through Through
rates as well as local rates ; and similarly, as the section is rates *
not confined to rates on one line only, the Commission
have power to order the division of rates to places on the
line of another company ; and although the definite article
is used in the section, and the division is to be made
between " conveyance upon the railway " and other ex-
(?) See Pehall Coal Co. V. L. & N. W. By. Co., 23 Q. B. D. 536;
7B. &Mac. 1.
(m) Ibid. p. 546.
90
CARRIAGE OF MERCHANDISE BY RAILWAY.
Extent of
jurisdiction.
Compliance
with order.
penses, " tlie railway " is not confined to the railway of the
sending company. If, however, on an application for the
division of a through rate being made, the company
opposing the application should satisfy the Court that
they have not the means of dividing the charge as the Act
of Parliament contemplates, they would not be ordered to
do so ; but the only result of such a state of things would
be that, under sect. 14 of the Act of 1888, the other
company or companies concerned in fixing the through
rate might be added as defendants to the application, and
the requisite order made after all the companies whom it
might be necessary to comprise in the order had been
heard (n).
But this jurisdiction as to the division of rates does not
apply to every rate book. The Commissioners cannot
make an order to distinguish rates in a rate book kept by
the railway company for their convenience for purposes
other than this section, and containing rates from other
stations (0) ; nor in a rate book kept at some place which is
not the company's station. And even between rate books
at the company's stations there is a distinction to be drawn.
If a rate book be a book of rates for traffic received or
delivered at a place on the railway, other than a station
within the meaning of this section (_/;), it is not subject to
an order for the division of rates. It is a book kept under
sect. 34 of the Act of 1888, and the powers of the Railway
and Canal Commission to order the division of rates do
not extend to any book kept under that section (q).
It was held by the old Railway Commissioners that an
order for the division of rates was not sufficiently complied
with by the railway company dividing their rate into two
(;/) P,-hall Coal Co. v. L. &N.1V. Ry. Co., 23 Q. B. D. pp. 536, 5-17.
(o) Oxlade v. N. E. Ry. Co., 3 N. & Mac. 35.
(p) 36 & 37 Viet. c. 48 (Act of 1873), s. 11.
(7) Tomlinson v. L. & N. W. /,'//. Go. t G3 L. T, (N. S.) 86; and
cf, Pdsall Coal Co. v. L. & N. W. Ry. Co.
RATES AND CHARGES AND THE DIVISION OF RATES. 91
parts, one part for conveyance and one part for " other ex-
penses"; but that, as regards the "other expenses," the rail-
way company must state what they are and how much is
charged in respect of each service or class of services (/).
It seems that the more fact that the total rate charged Rate within
to a trader is within the statutory mileage maximum will veaTcc f . r
not prevent an order for the division of the rate under this
section being made on the application of the trader (s), but
that in such a case the company may comply with that
order by electing not to make any charge for terminals
and allocating the whole rate to conveyance (t).
And in the recent case of Tomlinson v. L. 8f N. W. Ry. Allocating
Co. (u), the applicant had obtained an order requiring the nvcyance.
particulars of certain rates to and from Preston to be
distinguished and entered in the station rate book.
The company sought to comply with this order by
tendering a statement in which they attributed their
maximum mileage rate to the charge for conveyance, and
the surplus to the items constituting the terminal charge.
As a result of this process, the whole amount of some rates,
which included collection and delivery, were allotted to
conveyance, leaving nothing as the charge for cartage,
whilst in other cases the charge per ton for the use of
Preston station varied from 6d. to Is. on the same article
when forwarded from different stations. The applicant
thereupon contended that such a statement was no com-
pliance with the order, but the Court held that the railway
company had obeyed the order and distinguished the rates
asked for, and all that remained for them to do was to
make the entries as required in their station rate book.
(r) Colmanv. O. E. Ry. Co., 4 B. & Mac. 108; Birchgrove Steel
Co. v. Mid. Ry. Co., 5 B. & Mac. 229.
(s) Jones v. .A 7 . E. Ry. Co., 2 N. & Mac. 208; Bailey v. L. C. &
D. Ry. Co., 2 N. & Mac. 99.
(t) Howard v. Mid. Ry. Co., 3 N. & Mac. 253; Robertson v. M.
a. W. (Ir.) Ry. Co., 2 N. & Mac. 409.
(it) Reported in the Times, 29th October, 1890.
92
CARRIAGE OF MERCHANDISE BY RAILWAY.
Extension of
the section to
goods carried
by sea.
Act of 1888,
8. 33.
Classification
to be open
for inspection.
Copies to bo
Bold.
How far such a compliance with the letter of the enact-
ment would he "binding on the railway company in subse-
quent proceedings hetween the same or different parties
has not yet heen determined.
An order for the dissection of rates will only he made
in respect of rates actually charged hy the railway company
at the time of making the application (x). On the other
hand, if the rate he in existence at the time of making the
application, the fact that it is subsequently withdrawn will
not prevent an order to dissect the rate "being made (y) .
By sect. 28 of the Traffic Act of 1888, the provisions of
sect. 14 of the Act of 1873, ahove considered, have been
extended to traffic hy sea in any vessels belonging to,
chartered, or worked by a railway company, or in which
the railway company procures merchandise to be carried.
The powers of the trader to ascertain the rates charged
by railway companies have been somewhat extended by
sect. 33 of the Act of 1888, above referred to, but, as will
be seen, the provisions of this section relating to the divi-
sion of rates are much more restricted than those under
sect. 14 of the Act of 1873.
Sect. 33, sub-s. (1). "The book, tables, or other docu-
ment in use for the time being containing the general
classification of merchandise carried on the railway of any
company, shall, during all reasonable hours, be open to the
inspection of any person without the payment of any fee
at every station at which merchandise is received for con-
veyance, or where merchandise is received at some other
place than a station, then at the station nearest such place.
And the said book, tables, or other document, as revised
from time to time, shall bo kept on sale at the principal
office of the company at a price not exceeding one
shilling."
Sub-s. (2). " Printed copies of the classification of mer-
(z) IlaU v. L. B. & S. C. Ry. Co., 4 B. & Mac. 398.
(y) Berry v. L. C. & D. Ey. Co., 4 B. & Mac. 310.
KATES AND CHARGES AND THE DIVISION OF RATES. 93
chandise traffic and schedule of maximum tolls, rates, and
charges of every railway company authorised, as provided
by this Act, shall be kept for sale by the railway company
at such places and at such reasonable price as the Board
of Trade may by any general or special order prescribe."
This classification of traffic will be found on p. 365, and
the maximum rates and charges applicable thereto for the
various railways affected will be found on pp. 217 to 364.
These rates and charges, from and after the confirming Acts
coming into operation (s), are to be the rates and charges
which the railway companies respectively are entitled to
charge and make (<?).
Any person, upon giving not less than twenty- one days' Amending
. ' ' ., i xi classification,
notice to the railway company, may apply in the pre-
scribed manner to the Board of Trade to amend any
classification and schedule by adding thereto any articles,
matters, or things, and the Board of Trade may hear and
determine such application, and classify and deal with the
articles, matters, and things referred to therein in such
manner as the Board of Trade shall think right. These
determinations of the Board of Trade are to be published
in the Gazette, and to take effect as from the date of the
publication thereof (b).
This appears to be the only power of revising the classi-
fication possessed by any authority except Parliament, and
only allows additions to be made thereto.
JSub-s. (3). "The company shall within one week after
application in writing made to the secretary of any rail-
way company by any person interested in the carriage of
any merchandise which has been or is intended to be
carried over the railway of such company, render an
account to the person so applying in which the charge
(z) I. e., 1st January, 1893, the Board of Trade having postponed
to that date the commencement of those schedules which would
otherwise have come into operation previously (see p. 181).
(a) Act of 1888, s. 24, sub-s. 10.
(6) Hid., sub-s. 11.
94. CARRIAGE OF MERCHANDISE BY RAILWAY.
made or claimed by tlie company for the carriage of such
merchandise shall he divided, and the charge for convey-
ance over the railway shall be distinguished from the
terminal charges (if any) and from the dock charges (if
any), and if any terminal charge or dock charge is in-
cluded in such account, the nature and detail of the
terminal expenses or dock charges in respect of which it
is made shall be specified."
This sub-section enables a customer of the railway com-
pany, without the help of the Commissioners, to call upon
the railway company under certain circumstances to dissect
a rate for him ; but the application of the section is much
more confined than that of sect. 14 of the Act of 1873, and
does not appear to extend to anyone but persons interested
in having the goods to which the rates apply carried (c) ;
the person desiring the dissection of the rate need not
have paid the charge, but he must be a customer of the
railway company (<7).
Having regard to the words " (if any) " after "terminal
charges " and " dock charges," and to the case of Tomlin-
son v. L. fy N. W. lly. Co. (c), a railway company would
probably be held to have complied with the order by
dividing the rate in a similar manner to that adopted in
that case (/).
Notice to be Sub-s. (4). "Every railway company shall publish at
P ul cd - every station at which merchandise is received for convey-
ance, or where merchandise is received at some other place
than a station, then at the station nearest to such place, a
notice in such form as may bo from time to time prescribed
by the Board of Trade, to the effect that such book,
tables, and document touching the classification of mer-
chandise and the rates as they are required by this section
(c) Pehall Coal Co. v. L. & N. W. Ry, Co., 23 Q. B. D. 545.
(<l) ll.i,l. p,
(V) Reported in tlio Times, 29th October, 1800.
. 91.
BATES AND CHARGES AND THE DIVISION OF RATES. 95
and sect. 14 of the Regulation of Railways Act, 1873, to
keep at that station, are open to public inspection, and
that information as to any charge can be obtained by
application to the secretary or other officer at the address
stated in such notice."
Sub-s. (5). "Where a railway company carries merchan- Traffic partly
dise partly by land and partly by sea, all the books, tables, b r sea -
and documents touching the rates of charge of the railway
company, which are kept by the railway company at any
port in the United Kingdom used by the vessels which
carry the sea traffic of the railway company, shall, besides
containing all the rates charged for the sea traffic, state
what proportion of any through rate is appropriated to
conveyance by sea, distinguishing such proportion from
that which is appropriated to the conveyance by land on
either side of the sea."
Sub-s. (6). " Where a railway company intend to make Increase
any increase in the tolls, rates, or charges published in the 1
books required to be kept by the company for public
inspection under sect. 14 of the Regulation of Railways
Act, 1873, or this Act, they shall give, by publication in
such manner as the Board of Trade may prescribe, at
least fourteen days' notice of such intended increase, stating
in such notice the date on which the altered rate. or charge
is to take effect ; and no such increase in the published
tolls, rates, or charges of the railway company shall have
effect unless and until the fourteen days' notice required
under this section has been given."
An order has been issued by the Board of Trade with
regard to a proposed increase in rates by a railway com-
pany (#), which provides that the proposed increase of
charge must, (i) if any traffic has been carried at that
rate for twelve months previous, be advertised in a local
newspaper ; and (ii) in any case notice must be posted up
(</) This order will be found at length, p. 4<51.
96
CARRIAGE OF MERCHANDISE BY RAILWAY.
Penalty.
Rate books
at sidings.
for twenty- eight days in a conspicuous place on the stations
affected.
Sub-s. (7). "Any company failing to comply with the
provisions of this section shall for each offence, and in the
case of a continuing offence, for every day during which
the offence continues, be liable on summary conviction to
a penalty not exceeding five pounds."
Sect. 34. " When traffic is received or delivered at any
place on any railway other than a station within the
meaning of sect. 14 of the Regulation of Railways Act,
1873, the railway company on whose line such place is
shall keep at the station nearest such place a book or
books showing every rate for the time being charged for
the carriage of traffic, other than passengers and their
luggage, from such place to any place to which they book,
including any rates charged under any special contract,
and stating the distance from that place of every station,
wharf, siding, or place to which such rate is charged.
Every such book shall, during all reasonable hours, be
open to the inspection of any person without the payment
of a fee."
The Railway and Canal Commission have no power to
order the dissection of rates in books kept under this
section as they have in the case of books kept at stations
under sect. 14 of the Act of 1873 (//).
The old Railway Commissioners had decided, under
sect. 14 of the Act of 1873, that for the purposes of that
section a siding was to be considered either as a station or
as part of the nearest station, and that they had power to
order the dissection of rates charged therefrom (?'), but
this decision must now be taken to be overruled.
(7t) Pchnll Co,,! <'.. v. /.. (ft X. IT. /;,/. Co. (Xo. 2), 7 I',. & Mae.
3(>; Tomto* N v. /.. .1 y. II". / :; L. T. (N. S.) 86; 7 B. &
Mac. I'-'.
(0 ll<irlrn> /?//. Co. v. L. tfr N. W. Ry. Co., 2 N. & Mac. 1G9.
CHAPTEE VII.
A RAILWAY COMPANY'S LIEN FOR UNPAID RATES AND TOLLS.
UNDER the 97th section of the Hallways Clauses Act, Lien for tolls
1845 (<?), if, on demand, any person fail to pay the tolls
due in respect of any carriage or goods, the railway
company are given power to detain and sell such carriage
or goods, or if the same have been removed from their
premises to detain and sell any other carriages or goods on
the company's premises belonging to the party liable to
pay such tolls. The word tolls, however, in this section,
only applies to tolls strictly so called, i.e., to charges for
the use of the railway by persons conveying goods in
their own carriages, and does not apply where the company
act as carriers (b) . And under the first part of the section
a company cannot detain trucks for tolls due in respect of
coals carried in them (c). Further, before detention or
sale there must be a demand made for the tolls (d) .
In nearly every case, however, railway companies are
(a) 8 Yict. c. 20.
(J) Wullis v. L. & S. W. Ey. Co., L. E. 5 Ex. 62 ; Brown v. G.
W. Ey. Co., 9 Q. B. Div. 750; and cf. Garton v. Bristol & Exeter
Ey. Co., 30 L. J. Q. B. 273 ; but see a Scotch case contra, Caledonian
Ey. Co. v. Guild, 1 Ct. Sess. Cas. 4th series, 198.
(c) North Central Wagon Co. v. M. S. & L. Ey. Co., 35 Ch. Div.
191, 229; 13 App. Cas. 554.
(d} Ibid; Field v. Neivport Ey. Co., 3 H. & N. 409; 27 L. J.
Ex. 396. As to what amounts to a demand, see North v. L. & S.
W. Ey. Co., 14 C. B. N. S. 132 ; 32 L. J. C. P. 156 ; N. B. Ey. Co.
v. Carter, 8 Macq. 998; Green v. St. Katlerint's Decks, 19 L. J.
Q. B. 53.
D. H
98 CARRIAGE OF MERCHANDISE BY RAILWAY.
themselves the carriers on their lines, and therefore apart
from agreement they have only the common law lien of
a carrier to rely on for payment of their rates.
Common law At common law a carrier has a particular lien on goods
carried by him (c), even in the case of goods that have
been stolen (/) ; but he has no general lien for the
balance of his account (g). When detaining goods under
this common law lien, however, the carrier cannot charge
for warehousing (/*). And this lien does not allow the
carrier to sell the goods over which it extends, and if ho
sell the goods he waives his lien and is liable for their
value, and he cannot set off the amount of his lien (?'). At
the same time he must take every care of goods detained
by him, and he has no right to use them (/).
If a carrier once parts with the possession of the goods,
otherwise than by fraud, he loses his lien on them (7).
But if part of the freight be paid the carrier is bound to
deliver the part of the goods on which the freight has been
paid, and still keeps his lien on the whole of the remainder
of the goods for the unpaid balance of tho freight (;;?) .
And where goods consigned to an ultimate consignee
through an independent carrier have been carried by the
railway company to their destination, but have not been
paid for, and the company refuse the carrier a ledger
account, the railway company have no right to deliver tho
goods themselves to the ultimate consignee, and so obtain
((} Xkinncr v. Upshaw, 2 Ld. Eaym. 752.
(/) Exeter < MM, cit. )'//,< v. firman;/?!, iliftl. 807.
(</) I: v. /An///,/,/, Ea.st, 519; 7 East, 221; HuMcrncss
v. 7 B. & C. 212.
(/<) <;. .\. 137; and soo 7.
v. llobiwon, 1 K-p. 11!'; Xhip)>iH<j Co. v. Somes,
; ; s II. vV 0, 338.
(i) JM/V ' . . I'iv. 484.
(/,-) Crouch v. a. i; . 27 L. J. Ex. 345; Scarfe v. Morgan,
4M. A W. 270,
(/) Wallace v. Wvod, Ey. M. 1!U.
(m) Ex p. C >, 11 Ch. Div. GS.
A RAILWAY COMPANY'S LIEN FOR UNPAID RATES AND TOLLS. 99
payment for the carriage of the goods : their strict, and
indeed their only right is to stand upon their lien, and to
refuse to deliver the goods at all, and to keep them until
the charges are paid (H) .
It is, therefore, not unusual for railway companies to General lien
create by agreement a general lien on goods carried by
them by stipulating, in the consignment note, that all
goods consigned to the company will be received and
held by them subject to a general lien for money due to
them, whether for carriage or other charges, and also that
they shall have power to sell the goods in case the lien be
not satisfied. This lien continues as long as the company
hold the goods, and is not affected by the refusal of the
consignee to receive them after their arrival at their
destination (o) .
It has been held that, where such a general lien has been
created by agreement between the railway company and a
limited company, the railway company cannot retain
goods of the limited company consigned after the limited
company has been ordered to be wound up in respect of
balances due before the winding-up order (p) . But al-
though this case was confirmed on appeal (q), it is difficult
to find any adequate reason for altogether ignoring the
agreement, and Chitty, J.,in a recent case(r), has declined
to follow the principle there laid down, and held that such
an agreement made with a limited company is good and
valid after the winding-up.
In any case, the lien can only attach after the goods
have been carried and are ready for delivery. The com-
pany can claim no lien immediately on receipt of the goods
from the consignor (s) .
(n) Ford v. L. & S. W. Ry. Co., 7 B. & Mac. Ill, p. 117.
(o) WestJMd v. G. W. Ry. Co., 52 L. J. Q. B. 276.
(p) Wiltshire Iron Co. v. G. W. Ry. Co., L. E. 6 Q. B. 101.
(3) Hid. 776.
(r) In re Llangennech Coal Co., 56 L. T. 475 ; W. N. (87), 22.
() Wilts! tire Iron Co. v. S. W. Ry. Co., L. E. 6 Q. B. 776.
H2
100 CARRIAGE OF MERCHANDISE BY RAILWAY.
Where, however, the consignee is not the owner of the
goods the railway company cannot, under a general lien,
retain the goods, as against the true owner, to answer a
balance due from the consignee upon other consignments (t) .
At the same time, the consignor cannot recover the goods
from the railway company without paying any charges
the railway company may be entitled to in respect of the
carriage of the goods (u).
(t) Wright v. Snell, 5 B. & Aid. 350 ; In re BusMl, Ex p. G. W.
n>j. Co., 22 Ch. Div. 470; North Central Wagon Co. v. M. S. <fc L.
By. Co., 35 Ch. Div. 226; 13 App. Cas. 262.
(u) WcslfivU v. O. IV. By. Co., 52 L. J. Q. B. 276.
CHAPTEE VIII.
RAILWAY COMPANIES AND THEIR LIABILITY AS COMMON
CARRIERS.
Liability of Common Carriers.
EAILWAY companies may be, but are not necessarily
common carriers and liable as such. Section 86 of the
Eailways Clauses Act of 1845 authorizes companies to
carry and convey on their railway all such passengers and
goods as shall be offered to them for that purpose. And
the 89th section of the same Act specially provides that
the liabilities of railway companies are not to exceed those
of common carriers, and that railway companies are to be
entitled to the same protection and privilege as common
carriers are entitled to. At the same time this section is
permissive, and, apart from the Eailway and Canal Traffic
Act of 1888, railway companies may relinquish the business
of carrying (a) if they desire, but if they carry for some
they must do so for all (b) .
The common law liability of railway companies as
carriers has been varied by statute by two enactments,
viz.: the Carriers Act of 1830 (c), and sect. 7 of the
Traffic Act of 1854 (d) 9 and these are each so important
as to require separate notice.
(a) Johnson v. Mid. Ry. Co., 4 Exch. 367.
(6) Hare v. L. & N. W. Ry. Co., 2 J. & H. 80; 30 L. J. Ch. 817.
(c) 1 Will. IY. c. 68, post, p. 118.
(d) 17 & 18 Viet. c. 31, post, p. 132.
CARRIAGE OF MERCHA:N 7 DISE BY RAILWAY.
It will be well first to see what are the liabilities of
carriers at common law
There are two important liabilities of common carriers
at common law (1) they are liable as insurers of the
goods entrusted to their care ; (2) they are under the
obligation to carry.
(1) As insurers of the goods or animals committed to
them for carriage, railway companies are liable for every
loss happening to the goods or animals carried and not
occasioned by the act of God or the King's enemies (e) .
Thus, they are liable for loss by fire (/), or by the felony
of their servants (g), or by theft or the wrongful acts of
strangers, while they have a remedy against the wrong-
doer for the damages they may sustain by his wrongful
act(/<).
[nhercnt If ? however, in course of transit, injury happens to the
?cr vice." goods or to an animal, owing to the inherent nature of the
goods themselves or of the animal, the carrier is not liable
as an insurer (i). This exception occurs, of course, much
more frequently in the case of animals, when the injury
has sometimes been said to have been caused by the
" proper vice " of the animal. But the deterioration of
perishable articles, and evaporation and leakage of liquids,
would seem to come under the same head as proper
vice (/).
And so where a railway company had contracted to
() Forward v. Pittard, 1 T. E. 27 ; Nugent v. Smith, 1 C. P. Div.
423.
(/) Hyde v. Ti-i )>l .I- Mi rs> u Co., 5 T. B. 389; Gatcli/e v. Bourne,
7M. &G. 850; 11 Cl. & F. 45.
(;/} (i. W. By. Co. v. fifameB, 18 C. B. 574.
(A) Trent & Mersey Co. v. Wood, 4 Doug. 287 ; and cf. 2 Wms.
S'unnd. (.jtli oil.), -IT'-.
(/) Mower v. G. II'. /,'.//. Co., L. R. 7 C. P. 655; Kendall v. L. &
N. 1C. /,'//. Co., L. B. 7 Ex. 373.
(./ ) Hudson v. Baxcndale, 2 H. & N. 575 ; Ohrlo/ v. Briscall,
L. B. 1 P. C. 231.
'.' : '
103
send an engine on its own wheels to Wigan, Lut the
engine broke down on the way, it was held by the
majority of the Court of Appeal that even assuming that
the company were common carriers of engines (of which
there was no evidence), and though the railway company's
manager had inspected the engine before it started, they
were not liable for non-delivery of the engine, seeing
that it had occurred owing to the inherent defect of the
thing carried (7i) . Lord Esher in that case expressed his
opinion that the company were bound by their contract to
deliver the engine at all events ; but to all contracts of
carnage there was an implied exception where it was
clearly reasonable and right, and where it must seem so to
all fair-minded persons that there should be such an excep-
tion. If, for instance, the engine had blown up, it could
not have been intended that the railway were liable to
deliver it nevertheless.
In order to show that the injury occurred owing to the
" proper vice " of an animal, it is not necessary to prove
that the animal was vicious, but merely that there was no
negligence on the part of the railway company, and,
nothing extraordinary having happened, that the injury
must have been caused by the struggles of the animal (/).
And if the accident occurs owing to the negligence of Negligence of
the owner of the animal, the company are not liable. So
where a dog had been handed to a railway company for
carnage, secured by collar and chain, apparently sufficient
for the purpose, and the dog slipped the collar and, escap-
ing on to the line, was injured, the railway company were
held not liable (m), though it might have been otherwise
had the collar and chain been obviously insufficient to
(A-) JuJtnson v. N. E. Ry. Co., 5 Times L. E. 68. This case was
affirmed on appeal to the House of Lords (Times, 19th March, 1891),
but, as it is not reported, it is impossible to say on what grounds.
(?) Slower v. G. W. Ry. Co., L. E. 7 0. P. 655 ; Kendall v. L. &
S. W. Ry. Co., 7 Ex. 373 ; Nugent v. Smith, 1 C. P. D. 423.
(m} Richardson v. N. E. Ry. Co., L. E, 7 C. P. 75.
104
CARRIAGE OF MERCHANDISE BY RAILWAY.
Goods imi
Act of God.
secure the dog (n). It is, however, to be observed that in
the case of Richardson v. N. E. Ry. Co., above mentioned,
it was expressly found that the company were not common
carriers of animals.
And on the other hand, if goods are delivered to a
ed " carrier improperly packed, and they suffer damage, the
carrier may still be liable if the damage be shown to have
been caused by the carrier's negligence, although it be also
partly due to the bad packing (o). But if the damage
arise solely from the improper packing the carrier will not
be liable (p).
To make the cause of injury the act of God, the injury
must be due to an accident which arises from natural
causes wholly and exclusively, without human interven-
tion, and could not have been prevented by any amount
of foresight, and pains, and care reasonably to be ex-
pected (q) .
Subject to sect. 7 of the Traffic Act of 1854 (r), there is
nothing to prevent the railway company from exempting
themselves from liability for accidental injuries to goods
carried by them (s), and in practice special rates for goods
carried at "owner's risk" are of frequent occurrence.
These, however, in most cases fall within legislative en-
actments, and for their validity special precautions are
required by the legislature, which will be hereafter dis-
cussed (t).
(n) Stuart v. Crawley, 2 Stark. 323.
(o) Hiyginbotham v. O. N. Ry. Co., 2 F. & F. 796; 10 W. E.
358.
(p) Harbour v. S. E. Ry. Co., 34 L. T. G7.
(q) Nugent v. Smith, 1 C. P. D. 423 ; Nitrophosphute, &c. Co. v.
London & St. Katherine'a Dock Co., 9 Ch. Div. 503.
(r) Seepost, p. 132; and as to what amounts to a special contract,
pp. 125, 126.
() Harrison v. L. B. & S. C. Ry. Co., 2 B. & S. 152; and cf. an
elaborate judgment of Cockburn, C. J., in Peek v. N. Staff. Ry. Co.,
10 H. L. C. 473.
(0 P. 137.
Special
contract.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. 105
Returned empties are, in the absence of an express Returned
contract to the contrary, earned by a carrier subject to the emp 1(
ordinary carrier's liability, even though no extra payment
be made in respect of them, the charges made on the
outward journey being presumed to cover the return
journey (it).
(2) The obligation to carry must not be unreasonable ; The ohliga-
and a common carrier may refuse to carry on reasonable
grounds, as that his coach is full (v), or that the goods
were brought at unreasonable times (#); but it seems that
an action would lie for an unreasonable refusal on the part
of a common carrier to carry (y) .
A company, however, are only bound to carry according
to their profession (z) , and accordingly may refuse to carry
animals or, it would seem, any other class of goods as
common carriers (a) . It seems that if a company alwaj^s
require the consignors of goods of a particular class to
enter into a special agreement for the carriage of such
goods, they are not common carriers of that class of
goods (b). This, however, has no reference to a railway
company's liability to carry the goods or other traffic
offered to them, not as common carriers, but under the
Traffic Act, 1854 (c).
Special statutory provision has been made respecting the Animals,
carriage and treatment of animals. Under the Contagious
Diseases (Animals) Act, 1878 (d) 9 every railway company
(u) Aldridge v. G. W. By. Co., 15 C. B. N. S. 582.
(v) Lowett v. Holts, 2 Show. 127.
(03) Lane v. Cotton, I Ld. Eaym. 652; and see Edwards v.
Sherratt, I East, 604.
(y] Ex p. Robins, 7 Dowl. P. C. 566; and cf. 1 Wms. Saund. 312.
(a) Johnson v. Mid. Rij. Co., 4 Exch. 367.
(a) Richardson v. N. E. Ry. Co., L. E. 7 C. P. 80; Dickson v.
G. N. Ry. Co., 18 Q. B. Div. 176.
(6) Liver Alkali Co. v. Johnson, L. E. 9 Ex. 338; Scaife v.
Farrant, L. E. 10 Ex. 358.
(c) As to this, see pp. 16, 81, 126.
(d) 41 & 42 Yict. c. 74.
106 CARRIAGE OF MERCHANDISE BY RAILWAY.
must provide water and food or either of them on the
request of the consignor or person in charge, to the satis-
faction of the Privy Council, at such stations as the Privy
Council from time to time direct for animals carried, or
ahout to be, or having been carried on the railway (y).
And the company may charge for such food or water in
addition to their rates for the carriage of the animal, and
have a lien for such charge on the animal (2). The
animals in this Act include sheep and goats and other
ruminating animals, and swine (a).
The Privy Council may by order prohibit the removal
of animals ; and where such order was made, and under
the regulations of a local authority the animals were not
to be moved without a declaration being first made and
signed by the owner, the railway company, who carried
them before the declaration was made, were held liable to
a penalty (b)', and where such a declaration is required,, a
railway company may refuse to carry without it (c).
Right to Sue.
sue.
Who may If there be a special contract that the carrier is to be
liable to the consignor, the consignor may sue for injury
to the goods carried (d). But if there be no special con-
tract the owner of the goods is the proper person to sue.
If, therefore, the goods have been sold and are being
carried for delivery to the purchaser, the consignee is the
proper person to sue (e) ; but if there is no binding contract
O/) 41 & 42 Viet. c. 74,s.3.
(z) Ibid, sub-
(</) ////'/. s. .'>'>.
(b) Mf<t. /.'//. Co.v. Freeman, 1_' <>. I!. ]>. <;-j:.
(c) FPtBioflMY, 0. II'. H\h Co., H-L. T. 260.
(<!} Moore y. Wilson, 1 t. 11. GOl); <!. IT. Rij. Co. V. Itayyc, 10
Q. B. D. 625.
(c) Dutton v. Solomonson, 3 B. & P. 082.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. 107
of sale (/), or if the goods are merely being sent on ap-
proval (g) the consignor must sue. A bailee, however,
1 laving a special property in goods committed to him, and
who has entrusted the goods to a carrier, may sue (Ii) .
This question of the right to sue is of importance, for if
the railway company have paid compensation to the wrong
party, that is no defence to an action by the person en-
titled to the compensation (i) . So where a railway com-
pany had paid compensation to the consignor on a claim
made by him without notice that he was not the true
owner, it was held no answer to an action by the owner.
If there be no special contract as to the railway company's
liability the fact that one party may have nominated or
selected the particular carrier to whom the goods were
entrusted appears to be immaterial (k).
Prima facie, if a railway company receive goods for Through
conveyance to a place beyond the limits of their line, they
undertake the responsibility for the complete transit, and
are liable for loss or injury to the goods, though it take
place on the line of another company (/). But the com-
pany may stipulate that they will not be liable for loss or
damage to goods after they have been delivered to an-
other company (m), but in such a case delivery to another
company must be clearly proved if relied on by the
company (n).
But if the damage occurs on the line, not of the re-
(/) Coats v. Chaplin, 3 Q. B. 483; Coombs v. Bristol & Exeter
Ry. Co., 3 H. & N. 510.
(</) Swain v. Shepperd, 1 M. & Eob. 223.
(h) Freeman v. Birch, 1 N. & Man. 420 ; 3 Q. B. 492, n.
(t) Coomls v. Bristol & Exeter Ry. Co., 3 H. & N. 1.
(k) Ibid. 3 H. & N. 510 ; Dutton v. Solomomon, 3 B. & P. 582.
(?) Muschamp v. Lane. & Preston Ry. Co., 8 M. & W. 421 ;
Shepherd v. Bristol & Exeter Ry. Co., L. E. 3 Ex. 189.
(r,i) Aldridge v. O. W. Ry. Co., 15 C. B. N. S. 582; Fowles v.
G. W. Ry. Co., 7 Exch. 699 ; 22 L. J. Ex. 76.
(n} Kent v. Mid. Ry. Co., L. E. 10 Q. B. 1.
108 CARRIAGE OF MERCHANDISE BY RAILWAY.
ceiving, but the forwarding or delivering company, the
company on whose line the damage was caused may be
sued(o).
Stoppage in Transitu.
Stoppage in
transitu.
The vendor of goods who has handed them to a carrier,
so long as the purchase-money remains unpaid, has, upon
the insolvency of the purchaser, the right to stop the goods
in tmnsitu, or so long as they are in the possession of the
earner as such (p), or while they are being warehoused by
the carrier; provided there is nothing to show that the
carrier is acting as agent for the purchaser (q) . And if
part only of the goods have been delivered the right of
stoppage in transitu applies to the other part (r).
When gone. The right of stoppage is gone when the carrier has
delivered the goods to the purchaser or his agent,
whether or not the goods have reached their ultimate
destination (s) ; but the right of stoppage remains if the
purchaser have refused the goocis when proffered to him
for delivery (t). So, too, it is gone if the purchaser have
transferred his interest to a sub-purchaser for valuable
consideration (u) ; but if a genuine notice to stop has been
given by the vendor, the latter will be entitled to be paid
(o) Hooper v. L. & N. W. Ry. Co., 50 L. J. C. P. 103 ; Foidkes v.
Met. Dist. Co., 5 C. P. D. 157.
(p) Ex p. Itosevear Co., In re Cock, 11 Ch. Div. 560; Ex p.
Cooper, In re Madarcn, 11 Ch. Div. 68; Bethell v. Clark, 19 Q. B. D.
553; 20 Q. B. Div. 615.
(7) Ex j>. Harrow, In re Worsddl, 6 Ch. D. 783.
(r) In re Mn'-f,n-m, 7> /-. <'./.;*, 11 Ch. Div. 68; Bolton v. Lane.
..L. B. 10. P. 431.
(/) In re W/u'fx-i.rth, Ex p. Gibbcs, 1 Ch. D. 101; Kendalv. M<n-
f},,ilt, M< vns & Co., 11 Q. B. Div. 350 ; In re Isaacs, Ex p. Miles,
15 Q. B. D. 39.
(*) Bolton v. Lane. & York. Ii>/. Co., L. B. 1 C. P. 431.
(M) Leask v. Scott, 2 Q. B. D. 376.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. 109
out of any unpaid purchase-money in the hands of the
sub-purchaser (r).
The mere fact that the purchaser has nominated the
carrier would seem not to be sufficient to make delivery
to him delivery to the agent of the purchaser (#), but
delivery on board a ship of the purchaser is delivery to
him (//).
If the consignor exercise his right of stoppage in tran- Action
situ, and the carrier, after receiving notice, deliver the ^J. '
goods to the consignee, an action against the carrier for
damages for so doing appears to be founded in tort (z).
Delivery.
The carrier must provide a proper place for delivery ; Delivery,
and if he neglect to do so, and loss arises owing to his
neglect to do so, he may be made liable (a). He is also
liable for misdelivery on the ground that he is liable as
insurer until his contract as carrier is at an end (b) . But
if goods are consigned to a fictitious consignee at a
particular address, and the goods are delivered in the
ordinary course upon the signature of the fictitious con-
signee fraudulently made by a third person, the carrier
will not be liable (c), unless there are circumstances to
excite his suspicion (d).
And an ordinary contract (and although not as common
carriers) to carry from station to station, involves an
(y) In re Knight, Ex p. Davis, 13 Ch. Div. 629; Kemp v. Falk,
7 App. Gas. 573.
(x) In re Cock, Ex p. Rosevear Co., 11 Ch. Div. 560; In re Mac-
laren, Ex p. Cooper, 11 Ch. Div. 68; Bethell v. Clark, 19 Q. B. D.
553.
(y] Schotsmans v. Lane. & York. By. Co., L. E. 2 Ch. 332.
(z) Pontifex v. Mid. By. Co., 3 Q. B. Div. 23.
(a) Booth v. N. E. By. Co., L. E. 2 Ex. 173.
(&) Heugh v. L. & N. W. By. Co., L. E. 5 Ex. 51.
(c) M'Kean v. M'lvor, L. E. 6 Ex. 36.
(d) Stephenson v. Hart, 4 Bing. 476.
110
CARRIAGE OF MERCHANDISE BY RAILWAY.
Consignee to
examine
goods.
Place of
delivery.
Reasonable
time.
obligation to unload and deliver at the receiving station,
or at least to provide proper appliances for that pur-
pose (e).
When goods are delivered by a carrier at the proper
place and proper time, the consignee is bound to examine
them, and see whether they are in good order ; and if he
does not intimate objection, it will be presumed that they
were delivered in good order (/). So, in a Scotch case,
where on delivery of a number of batteries properly made,
the consignee, acting on the report of the railway com-
pany's servants, wrote to the company complaining that
nine had been damaged, but a fortnight later discovered
twelve more to be broken, it was held that the twelve must
be presumed to have been delivered sound (g) .
Where goods are handed to a carrier for carriage with a
direction to deliver to a specific consignee at a particular
place, the consignee may agree with the earner to deliver
the goods at any other place (/*) .
The carrier is also bound to deliver within a reasonable
time, though he is not liable if the delay occur owing to
circumstances beyond his own control (/). But if injury is
caused to the goods by the delay, which would not have
arisen if the goods had been properly packed, the owner
may only be entitled to nominal damages (/.).
The question whether there has been unreasonable delay
is a question of fact, but if the ordinary course of convey-
ance has been departed from this may be evidence of
unreasonable delay (/), and the fact that a train arrives
(') Jit>!/nl National I.i/>t>nat Imt. v. L. & N. W. Ry. Co., 3 Times
L. R. 601 ; and see </. II'. /ty. Co. v. Swansea, 4 E. & B. 184.
(/) Meivart v. .V. II. 7ty. Co., 5 Ct. Soss. Cas. 4th series, 426.
(h) L. A \. II'. By. <'-. v. BoHfetf, 7 II. ^ X. 400; Cork Distil-
leries Co. v. (i. 8. . M '. /,'//. Ob., L I!. 7 H. L. 269.
(/) '/'</>//"> v. 0. X. /,'//. Co., L. R. 1 C. P. 385.
(*) li.il.hrin v. /.. < '. ,; I). II, j. C . t 9 Q. B. P. 5S2.
(I) Wren v. / < Ify. Co., 1 L. T. (X. 8.) o.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. Ill
several hours late is prim a facie evidence of unreasonable
delay and requires to be accounted for by the company (m) .
If the ordinary route be adopted it is immaterial that it is
not the shortest possible (;/). And the fact that a company
has altered its time tables without informing the consignor,
and consequently the goods have not arrived as usual, is no
evidence of unreasonable delay (o). And if a company
undertakes to forward goods by a particular train, they
do not thereby wan-ant that the train will arrive at its
usual time (p).
When goods consigned at station to station rates arrive Notice of
at the delivery station, it is usual for the delivering com- a
pany to send to the consignee notice of their arrival.
Whether a company issuing such notice by mistake are
bound by its contents, so as to be estopped from denying
that they hold the goods described therein, depends upon
whether or not they have caused injury by their culpable
negligence. Where a company has by mistake advised a
person that goods have come for him when they have not
done so in fact, they are not prevented from explaining
their mistake (q) ; but where a company issued two different
delivery orders in respect of the same consignment of goods,
as against a holder for value of those delivery orders, they
were estopped (>).
The carrier's liability extends until the contract of Termination
carriage has been performed. But if the carrier is to
deliver goods to a consignee at a particular address and
they are refused there, the carrier's liability ceases (.s), and
he is not bound to give notice to the consignor of the
(TW) Roberts y. Mid. Ry. Co., 25 W. E. 323.
() Hales v. L. & N. W. Ry. Co., 4 B. & S. 66.
(o) Bollands v. M. S. & L. Rij. Co., 15 Ir. C. L. 560.
(p) Lord v. Mid. Rij. Co., L. E. 2 C. P. 339.
(3) Carr v. L. & N. W. Rij. Co., L. E. 10 C. P. 307.
(r) Coventry v. G. E. Ry. Co., 11 Q. B. Div. 776; Seion v. La/one,
19 Q. B. Div. 68 ; Lislnnan v. Christie, ibid. 333.
(s} IlemjJt y. L. ct JV. IF. Ry. Co., L. E. 5 Ex. 51.
112 CARRIAGE OF MERCHANDISE BY RAILWAY.
refusal to accept the goods if lie does what is reasonable
under the circumstances of the case (t) .
If goods are consigned at station to station rates to be
taken away from the delivery station by the consignee, the
carrier's liability does not cease until the goods have reached
the delivery station, and a reasonable time has been allowed
for their removal after notice of their arrival (u). But if
the carrier is unable to give notice of their arrival to the
consignee, his liability as carrier is exchanged for that of
warehouseman (?).
If the consignee does not remove the goods within a
reasonable time after notice of their arrival the railway
company's liability as carrier terminates, and they become
liable as warehousemen (x). And it has been held that
where a consignee refused to take delivery of a horse, the
carriers could recover from him proper expenses incurred
by them in putting the horse out to livery (//).
A notice delivered to a consignee by the railway com-
pany to the effect that goods have arrived at their station,
and after a reasonable time will be held by the company
not as carriers, but as warehousemen, and subject to a
charge for demurrage, is binding on the consignee, al-
though he have signed the consignment note under
protest (z). And if after such a notice the consignee
takes part of the goods away and leaves the rest, he must
be taken to have agreed to the terms imposed (a). But a
notice that the goods have arrived and will be held by the
company not as carriers, but at the owners' sole risk, will
(<) Hudson V. llt.nn<lnl,; 2 II. & N. ,":,.
(u) Mit'-lfll v. /M,,r. a- Y;rk. /,'//. Co., L. K. 10 Q. B. 256, 2G3 ;
Patscheifler v. (J. II". /.'//. Co., a Ex. D. 153.
(r) OJtapmtm \. </. ir. < . B. D. 278.
(x) If"';//, v. I., a- -V. IT. //v. Ob., I., i:. r, I-:. x . 51 ; MiMull v.
//.v. <'o., L. R. 10 Q. I'.. 1.'..
(//) (*. N. Ry. Co. v. N"v, ///,/,/, I,. l>. 9 ].; x . 132.
(z) .v. /:. By, ' . v. CWnw, :;_> W. i;.
(a) Mitel,, u \. L. E. 10 Q. T. LY,(J.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. 113
not absolve the company from taking reasonable care of
the goods (b).
And if goods are detained because the consignee refused Refusal to
to pay for their carriage, they must be kept a reasonable pay cama & e -
time at the place of delivery (c).
The liability of warehousemen or bailees in respect of Liability of
goods entrusted to them is essentially different from that (
of carriers ; they are not liable as insurers of the goods, and
are only bound (1) to take reasonable and proper care of
the goods (d) ; (2) to deliver them up to the owner or
person entitled to receive them within a reasonable time
after a reasonable demand (e).
(1) It is, of course, open to the parties to make a Care of the
special contract of bailment by the terms of which they go 8>
would be bound (/) ; but in the absence of any such
special contract, a warehouseman is bound to take reason-
able and proper precautions for the safety of goods
entrusted to him (g) ; but there is no warranty to keep
them absolutely safe; and so, if the warehouseman has
employed a competent contractor to erect a building, but
the goods are injured owing to a defect, of which the
warehouseman had no notice, caused by the negligence of
the contractor, the warehouseman will not be held liable (//).
Though if the warehouseman undertake to warehouse the
goods at a particular place, and send them to another, he
(6) Ibid.
(c) Crouch v. O. W. Ry. Co., 3 H. & N. 183.
(d) Coggs v. Bernard, 2 Ld. Raym. 909 ; 1 Sm. L. C. 188.
(e} Stallard v. G. W. Ry. Co., 2 B. & S. 419.
(/) See Harris v. 0. W. Ry. Co., I Q. B. D. 515, a case relating
to luggage deposited in a cloak-room.
(g} Coggs v. Bernard, 2 Ld. Raym. 909 ; 1 Sm. L. C. 188.
(li] Starle v. Laverick, L. R. 9 Q. B. 122.
D. I
114
CARRIAGE OF MERCHANDISE BY RAILWAY.
Obligation to
deliver.
Damages for
conversion.
may become liable for injury resulting to the goods in
consequence of his so doing (/).
(2) The warehouseman is bound to deliver the goods
to the owner within a reasonable time after a reasonable
demand (//), and if delivery be refused, the Statute of
Limitations does not begin to run, so as to bar the right to
sue for the goods, until such demand and refusal (/). The
warehouseman is not liable, strictly speaking, for mis-
delivery, though he may be so if it has resulted from want
of reasonable care (w) ; but he may be liable in an action
for conversion if he parts with the goods to a person who
is not entitled to them, and that even though he acts bond
fide, and the person to whom he delivers the goods be
subsequently authorised by the true owner to receive
them (), though in the latter case the plaintiff could only
recover nominal damages (0).
The measure of damages in an action for conversion
where goods have been unlawfully converted, \aprimd facie
the full value of the goods. And that is the measure
whenever the plaintiff could have resumed the property if
he could have laid hands on it and held it as his own, as
when the conversion is by a stranger (p). But where
tli at is not the case, as where an unpaid vendor converts
the goods, only the loss actually sustained by the plaintiff
is recoverable, as in such a case the plaintiff would no
longer be liable to the vendor for the contract price (<?).
(l) LHlnj V. Itnnll,,!,,;!, 7 Q. B. D. 510.
(k} SktOard \. <;. ir. /,'//. Oo. t i> B. & S. 419.
(/) I! I.. H. 6C. P. 206.
(m) //"'.<//< v. /.. .1 A". II'. ////. Co., L. R. 5 Ex. 51 ; Stfphemon v.
F6j ZtowviMB v. />'<///<///, -2 P.. & A. Toii.
(//) Hiort v. L. <( N. W. Ry. Co., 4 Ex. D. 188; Eiort v. Bolt,
L. EL '.< i:\.86.
(o) ///..// v. I., a .V. jr. /;,,. Ob., 4 Ex. D. 188.
(p) Johnson v. Lane. <fc ) Co., 3 0. P. D. 499, and cases
there cit< d.
( 7 ) OftfcaryY. nw/. 5 II. & N. 288.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. 115
Damages.
The measure of damages recoverable against a carrier Damages for
for the loss of goods is, as a rule, the market value of the '
goods at the time and place where they ought to have been
delivered, and the fact that the consignee has sold them
for less than the market price is not material (r) . If the
market price cannot be ascertained, the measure of damages
will be the cost price, phis the cost of carriage, and a
reasonable importer's profit (*), or, if this fail, the price at
which they have been sold by the owner (t), or their value
to him (), or the price at which the best substitute for
them can be obtained (v).
But where a carrier contracts with a railway company Costs of
to carry goods, which are lost, the railway company are actlon -
not liable for the costs of an action brought by the owner
of the goods against the carrier to recover the goods,
and unreasonably defended by the carrier (w). If, how-
ever, the action have been reasonably defended, it seems
the costs may be recovered. But the fact that the defence,
though unreasonable in itself, has been useful in ascer-
taining the damages, does not make the defence reason-
able (a?).
In an action against a carrier for breach of contract to Breach of
cany, damages can only be given in respect of such conse-
quences of the breach as might reasonably be supposed to
have been in the contemplation of the parties at the time
(r) Rodocanaclii v. Mitturn, 18 Q. B. D. 67.
(a) Eice v. Baxendale, 7 H. & N. 986; O'Hanlan v. G. W. Ey. Co.,
6 B. & S. 484.
(t) France v. Gaudet, L. E. 6 Q. B. 199.
() Schuhe v. G. E. Ey. Co., 19 Q. B. D. 80.
(v) Hinde v. LiddeU, L. E. 10 Q. B. 265.
(w) Baxendale v. L. C. & D. Ey. Co., L. E. 10 Ex. 35.
(x) Hammond v. Bussey, 20 Q. B. Div. 79, distinguishing the case
last cited.
l2
116 CARRIAGE OF MERCHANDISE BY RAILWAY.
they entered into the contract (//) . Thus, if the goods
after their arrival are to be applied to a particular object,
which is not disclosed to the carrier, damages resulting
from failure of the object are not recoverable (z). On the
other hand, if the object for which the goods are to be
applied is expressly brought to the notice of the carrier, or
might reasonably have been inferred by him, damages
resulting from failure of the object may be recovered (a).
Notice given. So, in the latter case, damages for loss of profit may
be recovered (), or damages caused by a sub-purchaser
having succeeded in an action for breach of contract (c) .
But the notice to the carrier must be clear and unmistake-
able ; thus, notice that if the goods do not arrive in time
they will be thrown on the owner's hands (tf), or a general
knowledge on the part of the carrier that the goods were
bought for resale (e), or the fact that the goods have been
labelled " Travellers' goods deliver immediately" (/), is
not such notice to the carrier of the object to which the
goods are to be applied as to render him liable for failure
of the object.
Delay. It appears that, in the case of carriage by land, damage
resulting from depreciation of market price owing to delay
in delivery may be recovered (#), but the authorities on
(y) Horne. v. Mid. /'//. Co., L. E. 8 0. P. 131.
(z) Hadky v. Baxcndah, 9 Ex. 341; Halts v. L. ct N. TT". 7?.?/. Co.,
4 B. & S. 66.
(</) Niinjwm v. L. <(' N. W. Ry. Co., 1 Q. B. D. 27-1.
(1} Kllinyrr Act it-it (test-Undid ft v. Ar/nxfrnmj, L. E. 9 Q. B. 473 ;
// //.IH////X v. Xiiyent, 15 Q. B. Div. 85; Hamilton v. Mayill,
12 L. E. IT. 186.
(c) Hid.
(d} Home v. Mid. Ry. Co., L. E. 8 C. P. 131.
(e) Th<>! v. //'/"/ rson, 46 L. T. 483; 8 Q. B. D. 457.
(/) Candy v. Mid. ////. <;,., 38 L. T. (N, S.) 226; Jameson v.
. ////. ''., ;,<> I.. T. 128,
(</) \Vil*:,, v. Lemc. .1 }//.. Ry. Co., 9 C. B. N. S. 632; Collard
V. /*>'. /-'. //.'/. Cb.| ~ II. A: N. T!; but see contra, Le Peintur v. S. E.
. Co., 2 L. T. (N. S.) 170; Haives v. 8. E. X>, L. T. 514.
RAILWAY COMPANIES' LIABILITY AS COMMON CARRIERS. 117
this point are not satisfactory. In the case of carriage by
sea such damages are not recoverable (//).
Where notice of the object for which the goods are Notice not
required is not brought to the notice of the carrier, the fi^ven.
plaintiff cannot recover damages resulting to him from the
failure of a contract with a third person (i), nor profits
which would have been made by his traveller (&), nor
hotel expenses incurred while waiting for the goods (/) ;
but he may recover personal expenses reasonably incurred
in inquiring for the goods (m) .
"Where horses, which a railway company had contracted, Failure to
but failed, to carry, were sent by road and injured, the
measure of damages was held to be the deterioration which
the horses would have suffered if in ordinary condition,
and the time and labour expended on the road (n) . But
where a company had failed to provide proper trucks for
goods as they had contracted to do, and the goods were
sold, damages were not recoverable, as the goods might
have been sent another way (o).
An action to recover goods damaged by the negligence
of the carrier is founded in contract (p).
(/<) The Parana, 1 P. D. 452; 2 P. Div. 118; The Nottiny Ili/l,
9 P. D. 105 ; approved in Victorian Railway Commissioners v.
Coultas, 13 App. Gas. 222.
(i) Home v. Mid. Ry. Co., L. E. 8 C. P. 131 ; Thol v. Henderson,
8 Q. B. D. 457.
(A-) G. W. Ry. Co. v. Redmayne, L. E. 1 C. P. 329.
(1} Woodger v. G. W. Ry. Co., L. E. 2 C. P. 318.
(m} Hales v. L. & N. W. Ry. Co., 4 B. & S. 66.
(n) Waller v. M. G. W. Ry. Co., 4 L. E. Ir. 376.
(o) Irvine v. M. G. W. Ry. Co., 6 L. E. Ir. 55.
(p) Baylis v. Lintott, L. E. 8 C. P. 345 ; Fleming v. M. S. & L.
Ry. Co., 4 Q. B. D. 81.
118 CARRIAGE OF MERCHANDISE BY RAILWAY.
CHAPTEE IX.
THE CARRIERS ACT AND THE LIMITATION OF THE LIABILITY
OF CARRIERS PROVIDED THEREBY.
Origin of WITH the increase of personal property, the frequency
with which articles of great value in small bulk were trans-
mitted about the country largely increased and began to
render the liability of a common carrier very dangerous. To
meet this, carriers posted up and distributed notices to the
effect that they would not be liable for property of more
than a specified value, unless the owner had paid an
additional premium to insure his property. If this notice
could be brought home to the carrier's employer, it was
considered as part of the contract of carriage, and he was
bound by it (a) ; but if the carrier could not show that it
had been communicated to him it was of no effect to bind
the employer (b). But notwithstanding that he was pro-
tected by such a notice, the carrier was still liable in case
the property was lost by gross negligence on his part (c),
unless the employer had lulled the carrier's vigilance by
failing to inform him of the nature of the trust reposed in
him (d).
(<i) MnyJteiu v. Kamea, 3 B. & C. 601 ; Nicll*>,i \. Wilhin, 5
(I) EbrY. FFtHtm, <; M. & S. ir>o.
(c) Smith v. Home, 8 Taunt. Ml ; in/A/ v. rirkford, 8 M. & W.
(it) n<tt*on v. A'/OWH, 4 B. & A. lM : Miles V. Catt?e, 6 Bing.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS. 119
To settle several difficulties that had arisen in conse-
quence, the Carriers Act, 1830 (e), was passed, which applies
to carriers by land only.
This Act was passed for the purpose of limiting the
liability of common carriers for hire in respect of certain
valuable articles.
Sect. 1 provides that after the passing of the Act " no Carriers not
mail contractor, stage-coach proprietor, or other common O f certain
carrier by land for hire shall be liable for the loss of or g oda >
injury to any article, or articles, or property of the
descriptions following " (/) . . . . " contained in any
parcel or package which shall have been delivered either
to be carried for hire or to accompany the person of any
passenger in any mail or stage-coach, or other public convey-
ance, when the value of such article or articles, or property
aforesaid, contained in such parcel or package shall exceed
the sum of ten pounds, unless at the time of the delivery unless value
thereof at the office, warehouse, or receiving house of such
mail contractor, stage-coach proprietor, or other common
carrier, or to his, her, or their book-keeper, coachman, or
other servant, for the purpose of being carried, or of
accompanying the person of any passenger as aforesaid,
the value and nature of such article or articles, or property,
shall have been declared by the person or persons sending
(e) 1 Will. IV. c. 68.
(/) These articles, with notes to them, will be found in alpha-
betical order below, p. 120. The words of the Act are as
follows: "(that is to say) gold or silver coin of this realm, or
any foreign State ; or any gold or silver in a manufactured or un-
manufactured state ; or any precious stones, jewellery, watches,
clocks, or timepieces of any description, trinkets, bills, notes of the
Governor and Company of the Banks of England, Scotland, and Ire-
land respectively, or of any other bank in Great Britain or Ireland,
orders, notes, or securities for payment of money, English or foreign
stamps, maps, writings, title-deeds, paintings, engravings, pictures,
gold or silver plate or plated articles, glass, china, silks in a manu-
factured or unmanufactured state, and whether wrought up or not
wrought up with other materials, furs, or lace, or any of them,"
120
CARRIAGE OF MERCHANDISE BY RAILWAY.
Increased
Articles to
applies.
or delivering the same, and such, increased charge as
hereinafter mentioned, or an engagement to pay the
same, be accepted by the person receiving such parcel or
package."
And when any parcel shall be so delivered, and its
va ^ ue (exceeding 107.) and contents declared, the carrier
may demand an increased charge, notice of which must be
affixed in a conspicuous part of the office, warehouse, or
other receiving house, stating the increased rate of charge ;
and by this notice all persons sending or delivering parcels
are bound (g). This notice is not a notice that the carrier
means to avail himself of the Act, but only a notice of
the extra charge which he cannot demand without the
notice (h).
^Q articles to which the Carriers Act applies are as
follows, and are for convenience arranged alphabetically.
The text of the Act will be found on p. 119 in the note.
(1.) Bank notes, whether English, Scotch, or Irish.
(2.) Bills.
A document framed like a bill of exchange, pro-
perly stamped as such, and accepted by the person to
whom it was directed, but without a drawer's name,
was held not to be a " bill, order, security for payment
of money, or writing of any value," the jury having
found that at the time of delivery to the carrier the
incomplete bill was of no value (/). Possibly if the
jury had found that it was of value, being a writing,
it might have come within the Act (k) .
(3.) China.
(4.) Clocks.
(5.) Coins (gold or silver) of this realm or of any
foreign State.
(g) Carriers Act (1 Will. IV. c. 68), s. 2, and see p. 131.
(h) Hart v. Baxendale, 6 Ex. 769.
(i) ,S7i***/>T v. ,S. /:. liy. Co., 3 E. & B. 549.
(*) Ibid, per Erie, J.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS. 121
(6.) Engravings.
This includes prints and coloured prints (/).
(7.) Furs.
Hat bodies made partly of fur and partly of wool
are not within the description " furs "(w).
(8.) Glass.
This includes glass of any kind or size, and looking-
glasses (n) or smelling-bottles (o).
(9.) Gold coin.
(10.) Gold or silver in a manufactured or unmanufactured
state.
(11.) Gold or silver plate or plated articles.
(12.) Jewellery. (Sec Trinkets (No. 27, post).)
(13.) Lace.
This does not include machine-made lace (p).
Where a lace corporal in a gilt frame covered with-
glass was enclosed in a packing case and sent without
any declaration under the Carriers Act, it was held
that the gilt frame was distinct from and not acces-
sory to the lace, and the packing case accessory to
both or the frame only, and that therefore the carrier
was not protected from liability as respected either
the gilt frame or the packing case (q).
(14.) Maps.
The cases of maps have been held accessory to the
maps themselves, and not separable (r) .
(15.) Money. (See Coin.)
(16.) Orders, notes, or securities for the payment of
money. (See under Bills (2).)
This would include cheques, promissory notes, &c.
(/) Soys v. Pink, 8 Car. & P. 361.
(m) Mayheio v. Nelson, 6 Car. & P. 58.
(n) Owen v. Burnett, 2 Or. & M. 353.
(o) Bernstein v. Baxendale, 6 C. B. N. S. 251.
(p) The Carriers Amendment Act, 1865 (28 & 29 Yict. c. 24).
(q} Treadwin v. O. E. By. Co., L. E. 3 C. P. 308.
(r) Wyld v. Pickford, 8 M. & W. 443.
122
CARRIAGE OF MERCHANDISE BY RAILWAY.
(17.) Paintings.
This only includes works of art and of artistic
value ; not mere patterns or designs. So it does not
include coloured imitations of rugs and carpets and
coloured designs, though they may be valuable, being
designfft by skilled persons and painted by hand, if
they have no value as works of art (s) . The word,
however, includes artists' pencil sketches (t).
(18.) Pictures.
A picture and its frame are to be considered as one
article ; and if a package containing framed pictures
exceeding 10/. in value be delivered to a carrier with-
out a declaration, the carrier is protected from liability
in respect of damage done to the frame as well as to
the picture (w).
(19.) Plate or plated articles, whether gold or silver.
(20.) Precious stones.
(21.) Securities. (See Orders (16).)
(22.) Silks in a manufactured or unmanufactured state,
and whether wrought up or not wrought up with
other materials.
This has been held to include silk tights and
hose (?), silk watch guards (#), elastic silk webbing,
composed of silk, indiarubber, and cotton (//), a truss
of silk (s), and a silk dress (a). In a case decided in
1841 (b), silk dresses made up for wearing were held
not to come within this description ; but this case must
be considered as overruled. But see post, p. 131.
(23.) Silver. (See Gold.)
() Woodward v. L. & N. IT. ////. Oo. t :J MX. I>. liM.
(*) Mf/ff,,,, y. .!//,/. //,/. Co., 28 L. J. 36
(u) Hendm \. /.. A \. ir. /.'//. <., L. R. 5 Ex. 90.
(r) Ilnrl v. ftUMftdofe, MX. 769.
(x) Btr, ,*>>; v. ll. r ,,,,h,h., 6 C. B. N. S. 251.
(?/) Hruntv. Mi<l. /,'//. Oo. t '2 II. & C. 889.
(::} /;//// v. <;. jr. ////. Cb., n c. P.. no.
lower* v. ,s f . /:. /.'//. 6b.y 10 L. T. (N. S.) 329, decided 1867.
(6) Ditvey v. Afason, Car. & Marsh. 445.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS. 123
(24.) Stamps, English or foreign.
(25.) Timepieces of any description.
This includes a ship's chronometer (c) .
(26.) Title deeds.
(27.) Trinkets.
It has been held under this head that ivory, and
agate bracelets, shirt pins, common gilt rings, brooches,
tortoiseshell and pearl portmonnaies, and glass smell-
ing bottles were trinkets, but not German silver fusee
boxes (d). An eyeglass and gold chain have been
held not to be trinkets, but this must be considered to
have been overruled by the case last referred to (e).
It seems that to be "trinkets" articles must be
used merely as ornaments, and if ornament and utility
be combined the ornamental purpose must predomi-
nate (/).
(28.) Watches. (See Timepieces (25).)
(29.) "Writings. (See under Bills (2).)
It is observable that the Carriers Act applies only to a Extent of the
common carrier by land for hire, but if the contract be to Acfc *
carry partly by land and partly by sea, the contract is
divisible, and the protection of the Act applies to the land
journey (g). Formal notice by the consignor of the nature
of the goods is not necessary, if the nature of the goods is
actually brought to the notice of the carrier, so as to
enable him to fix the extra charge which he is authorized
to make (h). When the Act has been complied with, and
the nature and value of the articles has been declared, the
common law liability of the carrier revives, even though
he demand no extra charge (i).
(c) Le Conteur v. L. & S. W. Ry. Co., L. R. 1 Q. B. 54.
(d) Bernstein v. Baxendcde, 6 C. B. N. S. 251.
(e) Davey v. Mason, Car. & Marsh. 45.
(/) Bernstein v. Baxendah, ubi supra.
(g} Le Conteur v. L. & S. W. Ry. Co., L. R. 1 Q. B. 54 ; 6 B. &
S. 961 ; Mitten v. Brasch, 8 Q. B. D. 35 ; 10 Q. B. Div. 142.
(h) Bradbury v. tiutton, 19 W. E, 800 ; 21 W. R. 128.
(i) Behrens v. G. N. Ry. Co., 6 H. & N. 366 ; 7 H. & N. 950.
124 CARRIAGE OF MERCHANDISE BY RAILWAY.
Non-compli- Where the goods are within the description of those
A^ ^ mentioned in the Act, and the nature and value is not
declared, the protection afforded to the carrier in case of
loss or injury to the goods seems absolute. It extends
either to a temporary or permanent loss of the goods, and
damages cannot be recovered in either case () . Nor is the
carrier liable even if the loss is caused by gross negligence
on the part of his servants (/). He is not liable if the
goods are put out of the train short of their destination,
or carried beyond it, or sent on a wrong journey alto-
gether (w), or even if the goods are by mistake delivered to
the wrong person altogether (ti).
When no Where, however, there is no loss or injury to the goods,
protection. ^e carr i er [ 3 no ^ protected against the consequences of
delay in delivering the goods (0), nor is he protected if he
deliver them to a person whom he knows not to be the
consignee (p).
If the goods come within the description contained in
the Act, the declaration as to their nature and value must
be made, whether they are delivered to Hie carrier at his
office or elsewhere. The result of such a declaration is
that if the extra charge be paid, and the goods lost, the
carrier will be liable ; or, on the other hand, if he refuses
to give a receipt, he will lose the benefit of the statute.
But in no case can the sender recover until he has taken
the initial step and made the declaration (q) .
"Parcel or The preamble to the Act recites, "Whereas by reason of
the frequent practice of bankers and others of sending by
(k) Millen v. Brasch, 10 Q. B. Div. 142 ; Wallace v. Dublin &
Belf>t*i //,/. Co., 8 IT. E. C. L. 3-11.
(1) Hinton v. DiUnn, '2 (I B. G46.
(7/7) Morritt v. N. E. Ry. Co., I Q. B. D. 302.
() Ibid. p. 308.
(o) Hearn v. L. & S. W. Ry. Co., 10 Ex. 793; and cf. Piancwni
V. L. & ,S. If. /,'.//. Co., 18 C. B. 226.
(p) Morritt v. N. E. Ry. Co., 1 Q. B. D. 308; and see below,
pp. 141, 143.
(q) Hart v. Baxendale, 6 Ex. 769 ; Pianciani v. L. & S. W. Ry.
Co., 18 C. B. 226.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS. 125
the public mails, stage coaches, waggons, vans, and other
public conveyances by land for hire, parcels and packages
containing money, bills, notes, jewellery, and other articles
of great value in small compass," &c. ; but these words do
not limit the application of the Act to articles of small
size, if they come within the description mentioned in the
Act (r). And a waggon containing articles of the kind
mentioned, but open at the top so that the carrier could
see the articles, has been held to be a parcel or package
within the Act (s) . The question whether the articles in
question are or are not within the description contained in
the Act is a question of fact (t).
On the increased charge being paid, or an agreement to Receipt,
pay the same accepted, the carrier must, if required, give a
receipt for the parcel, acknowledging it to have been insured,
and this receipt is not liable to stamp duty. Should the Penalty,
carrier fail to give such receipt when required, or to affix the
notice above mentioned in his office, he is to lose all ad-
vantage under the Carriers Act, and be liable as at common
law (u).
The publication of any notice or declaration by a Notice not to
carrier, however, since the passing of the Carriers Act, is
not to limit the liability of the carrier in respect of any
goods, except those to which the Act applies (c) ; but the Special
Act does not affect special contracts entered into between '
the carrier and other parties (x) ; while, at the same time,
the existence of a special contract does not prevent the
carrier from taking the benefit of the Carriers Act, unless
there is something in the special contract inconsistent with
the goods having been received by the carrier as a common
(r] Owen v. Burnett, 2 Or. & M. 353.
(s} Whaite v. Lane. & York. Ry. Co., L. E. 9 Ex. 67.
(t] Woodward v. L. & N. W. Ry. Co., 3 Ex. D. 121 ; Brunt v.
Mid. Ry. Co., 2 II. & C. 889.
(M) Carriers Act (1 Will. IV. c. 68), s. 3.
(v) Ibid. s. 4.
(x) Ibid. B. 6.
126 CARRIAGE OF MERCHANDISE BY RAILWAY.
carrier (y] . Apart from sect. 7 of the Traffic Act of 1854 (z) ,
in order to constitute a special contract, it need not neces-
sarily be signed by the parties : thus, a ticket with printed
conditions which have been brought to the notice of the
consignor has been held to be a special contract and not a
public notice (a).
Thus, a contract may be inferred from notice by the
carrier to his customer, and the customer having subse-
quently sent goods to be carried without objecting to the
terms of the notice (b).
Special A great number of contracts are made by the delivery
ccmtrac , c r ^ one ^ ^ e con t ra cting parties to the other of a docu-
ment in a common form stating the terms upon which the
person delivering it will enter into the proposed contract.
Such a form constitutes the offer of the person tendering
it, and if it be accepted without objection by the person to
whom it is tendered, this person is, as a general rule, bound
by its contents, and his act amounts to an acceptance of
the offer, whether he reads the document or otherwise
informs himself of its contents or not (c).
To this general rule there are several exceptions which
have been grouped under the following heads :
(1.) From the nature of the transaction the person
accepting the document may reasonably suppose
that the document contains no terms at all (d).
(2.) In the case of fraud, as if the conditions were
printed in such a manner as to mislead the person
accepting the document.
(3.) If, without being fraudulent, the document is mis-
(?/) linwlih v. O. E. By. Co., L. R. 2 Q. B. 244.
(z) Seopost, p. 182,
(a) O. N. Ry. Co. v. Morriltr, til L. J. Q. B. 319; Wnlh-r v.
York. & N. M. Ry. Co., 2 E. & B. 750 ; York. N. & B. Ry. Co. v.
Crisp, 14 C. B. 527,
(!>} Walker v. York. & N. M. Ry. Co., 2 E. & B. 750.
(c) W,ttki,,* \. ////,/,///, 10 Q. B. D. 178, 188, per Stephen, J.
(<T) Parker v. .S. /;. Ry. Co., 2 C. P. D. 416.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS. 127
leading and actually misleads the person to whom
it is presented (r) .
(4.) The conditions may be unreasonable in themselves or
irrelevant to the main purpose of the contract. As
if a ticket given to a person depositing luggage in
a cloak room provided that the luggage, if not
removed within two days, should become the
absolute property of the company (/).
Further, any office used by the carrier is to be deemed Office,
to be his receiving house, warehouse, or office (g). So an
inn, where the carrier was in the habit of receiving parcels,
has been held to be his office, warehouse, or receiving
house within the meaning of the Act (A). And any one
mail contractor, stage coach proprietor, or carrier, is to be
liable to be sued for injury or damage to the goods, and
the action not to abate for want of parties (i) .
Where the Act has been complied with, and the in- Damages for
creased charges paid in respect of any parcel, and loss or
damage ensues, the party entitled to recover damages in
respect of such loss or damage may also recover back the
increased charge so paid in addition to the value of the
parcel (k).
In case of loss or injury to a parcel containing goods
which come within the Act, the declared value is not con-
clusive as to the value of the parcel, but the carrier is
entitled to require from the party suing proof of the
actual value of its contents by ordinary legal evidence, and
is liable to such damages only as may be proved, not
(e} Henderson v. Stevenson, L. E. 2 H. L. So. 470.
(/) See Parker v. S. E. Ry. Co., 2 C. P. D. 416 ; but there seems
to be no absolute decision on this point. Watkins v. Rymill, 10
Q. B. D. 189.
(g) Carriers Act (1 Will. IV. c. 68), s. 5.
(h) Syms v. Chaplin, 5 A. & E. 634 ; Stephens v. L. & S. W.Ry.
Co., 18 Q. B. Div. 121.
(0 Carriers Act (1 Will. IV. c. 68), s. 5.
(A-) Ibid. s. 7.
128 CARRIAGE OF MERCHANDISE BY RAILWAY.
exceeding the declared value, together with the increased
charges as above stated (I). It seems that the " value " of
the goods for the purpose of the Act is that which the
consignee has agreed to pay, and not that at which they
were bought by the consignor (m) . In such actions the
carrier may pay money into Court in the same manner
and with the same effect as in other actions (n). And
where the Carriers Act is relied on it need not be specially
pleaded (o) .
Wilful mis- The protection afforded by the Carriers Act does not
felony cover acts of wilful misconduct on the part of the carrier
or his servants, and sect. 8 provides that " Nothing in this
Act shall be deemed to protect any mail contractor, stage
coach proprietor, or other common carrier for hire, from
liability to answer for loss or injury to any goods or
articles whatsoever arising from the felonious acts of any
coachman, guard, book-keeper, porter, or other servant in
his or their employ, nor to protect any such coachman,
guard, book-keeper or other servant from liability for any
loss or injury occasioned by his or their own personal
neglect or misconduct." So if, in reply to a defence
under the Carriers Act, felony is set up, the question of
negligence is immaterial (p). And the plaintiff need not
show such evidence of felony as would be necessary to
convict a particular servant, provided he makes out a
jn-inid fade case that the goods were stolen by the servants
of the carrier (q) . And a statement by a station-master to
a policeman that the parcel is missing, and that a servant,
to whom it would in the ordinary course have been
(/) Carriers Act (1 Will. IV. c. 68), s. 9.
(m) Blankensee v. L. & N. W. Ry. Co., 45 L. T. 761.
(n) Carriers Act (1 Will. IV. c. 68), s. 10.
(o) Ibid. s. 11.
(p) (1. 1C. ////. Co. v. Rimell, 18 C. B. 575 ; Metcalfe v. L. & B.
Ry. Co., 4 C. B. N. S. 307.
(q) Vaughton v. L. & N. W. Ry. Co., L. E. 9 Ex. 93; M' Queen v.
O. W. Ry. Co., L. E. 10 Q. B. 569.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS.
delivered, has absconded, with a request to the police to
make inquiries for him, has been admitted as evidence to
prove the felony (r). So it was considered that a ^r/w<2
facie case had been made where the goods had been traced
to the possession of a servant, who had dealt with them as
his own, and his possession of them was not accounted
for().
On the other hand, it is not sufficient, in order to make Evidence held
out B,pt'i ma facie case of felony by the carrier's servants, to n
show merely that the goods have been lost or tampered
with (#), or that the goods were last seen in the possession
of the carrier's servant in the ordinary performance of his
duty (u) 9 or that the carrier's servants had greater facilities
of access to the goods than other persons (v) .
A servant of the earner's agent for delivery is a servant Who is a
of the carrier within the meaning of the section (x) ; but if
a person fraudulently represents himself to a clerk of the
carrier to be the servant of the carrier, the carrier is not
estopped from showing that he is not in fact his servant (y) .
The provisions of the Carriers Act are now somewhat
out of date, and have from time to time caused dissatisfac-
tion. In particular, it will be observed that there is no
restriction whatever placed upon the additional charge
which the carrier may make for insuring goods which
come within the Act.
The subject of the Carriers Act was considered by a
House of Commons' committee which was appointed in
(r) Kirkstall Brewery Co. v. Furness By. Co., L. E. 9 Q. B. 468.
(s) Boyce v. Chapman, 2 Bing. N. C. 222 ; and see Vaughton v,
L. & N. W. Ey. Co., L. E. 9 Ex. 93.
(0 Metcalfe v. L. & B. Ry. Co., 4 C. B. N. S. 307 ; G. W. By. Co.
v. Bimell, 18 C. B. 575.
(u) Gogarty v. G. S. & W. Ey. Co., I. E. 9 C. L. 233.
(v) M ( Queen v. G. W. Ey. Co., L. E. 10 Q, B. 569; Turner v.
O. W. Ey. Co., 34 L. T. (N. S.) 22.
(a;) Machu v. L. & S. W. Ey. Co., 2 Ex. 415; Stephens v. L. & S.
W. Ey. Co., 18 Q. B. Div. 121.
(y} Way v. G. E. Ey. Co., 1 Q. B. D. 693.
D. K
130 CARRIAGE OF MERCHANDISE BY RAILWAY.
1875, and reported in 1877, recommending that the
maximum rate of insurance ought to be fixed by law, and
the eighth section of the Carriers Act repealed. But
several railway companies (z) proposed to the committee
to bind themselves for a period of five years to insure all
goods within the Act upon the terms set out in the
schedule to the report, and not to alter those terms or
conditions without giving to the President of the Board of
Trade, and, as far as might be, to the public, notice of
their intention to make such a change.
The schedule to the report is substantially as follows :
Bates for the Insurance of valuable Parcels and Goods forwarded ly
Passenger or Goods Train.
Until further notice, all the railway companies will charge the
following reduced rates for insurance over and above the common
and ordinary rate of charge for carriage for parcels and packages
of any of the goods enumerated in the under-mentioned classifica-
tion of articles included in an Act of Parliament commonly called
the Carriers Act.
10. Jewellery from or to manu-
Class 1. facturers or factors.
1. Stamps. 11. Watches.
2. Maps. 12. Gold and silver plate.
3. Silks, or goods mixed with 13. Hand-made lace,
silk, where silk is more than 14. Engravings.
30 per cent, of the value. 15. Trinkets.
4. Furs. 16. Bank notes.
5. Clocks. 17. Title deeds.
6. Timepieces. 18. Writings.
7. Plated articles. 19. Bills of exchange.
8. Coins, gold and silver. 20. Orders, notes, or securities
9. Gold and silver, manufac- for payment of money,
turcd or unmanufactured. English or foreign.
(2) TheL. & N. W. By. Co., Mid. By. Oo., & W. By. Co.,
G. N. By. Co., G. I-:, By. <'..., N. E. By. Co., S. E. By. Co.,
L. B. & S. C. By. Co., L. & S. W. By. Co., M. S. & L. By. Co.,
Lane. & York. By. Co., Furness By. Co., Caledonian By. Co.,
N. B. By. Co., North IJritish By. Co., N. S. By. Co., L. C. & D.
By. Co., S. Devon & Cormvi.ll 1,'y. Oo., B. & K. By. Co., Taff Valo
By. Co., Glasgow K S. W. By. Co.
THE CARRIERS ACT LIMITATION OF LIABILITY OF CARRIERS.
131
1. Glass of all kinds, except as
named in Class 4.
2. China from manufacturers
or factors.
3. Precious stones, set or unset.
4. Jewellery not from or to
manufacturers or factors.
Class 3.
1. Pictures and paintings.
Class 4.
1. Plate glass in plates exceed-
ing 36 ft. superficial in size
cut.
2. Glass (stained).
3. Glass (silvered).
4. Glass (bent).
5. China, other than from
manufacturers or factors.
[N.B. In mixed silk goods, where there is less than 30 per cent,
of silk, the exemption of the Carriers Act is not to be pleaded at
all, but all such goods are to be carried at the carrier's risk.]
MAXIMUM
CHARGE
for
Between Stations in Great
Britain.
Between Stations in
Great Britain and Ports in Ireland
and the British Isles.
Cl. I.
ci. n.
a.m.
Cl. IV.
Cl. I.
Cl. H.
ci.m.
ci. rv.
Lbs.
8. d.
s. d.
s. d.
s. d.
s. d.
s. d.
s. d.
s. d.
25 or less . .
3
6
1 3
2 6
9
1 6
3 9
7 6
26 to 50
6
1
2 6
5
1 6
3
7 6
15
51 75 ....
9
1 6
3 9
7 6
2 3
4 6
11 3
22 6
76100 ....
1
2
5
10
3
6
15
30
101125
1 3
2 6
6 3
12 6
3 9
7 6
18 9
37 6
126150 ....
1 6
3
7 6
15
4 6
9
22 6
45
151175 ....
1 9
3 6
8 9
17 6
5 3
10 6
26 3
52 6
176200 ....
2
4
10
20
6
12
30
60
201225 ....
2 3
4 6
11 3
22 6
6 9
13 6
33 9
67 6
226250 ....
2 6
5
12 6
25
7 6
15
37 6
75
25127o ....
2 9
5 6
13 9
27 6
8 3
16 6
41 3
82 6
276300 ....
3
6
15
30
9
18
45
90
301325 ....
3 3
6 6
16 3
32 6
9 9
19 6
48 9
97 6
326350 ....
3 6
7
17 6
35
10 6
21
52 6
105
351375
3 9
7 6
18 9
37 6
11 3
22 6
56 3
112 6
376400 ....
4
8
20
40
12
24
60
120
401425 ....
4 3
8 6
21 3
42 6
12 9
25 6
63 9
127 6
426450 ....
4 6
9
22 6
45
13 6
27
67 6
135
451475 ....
4 9
9 6
23 9
47 6
14 3
28 6
71 3
142 6
476500 ....
5
10
25
50
15
30
75
150
The above charges apply irrespective of distance.
The above classification scale of charges and following conditions
apply whether the articles be conveyed by goods or passenger train,
but parcels up to and including 28 Ibs. in weight are to be insured
only when sent by passenger train.
K2
132 CARRIAGE OF MERCHANDISE BY RAILWAY.
CHAPTEE X.
SPECIAL CONTRACTS AND SECTION 7 OF THE RAILWAY AND
CANAL TRAFFIC ACT, 1854.
WE have seen that under the Carriers Act, while the
carrier was precluded from limiting his liability in regard
to goods which did not come within that Act by general
notices, his power to enter with the consignor into a special
contract with regard to the carriage of the goods was
expressly retained (a). After the establishment of railway
companies it was soon found that they possessed a practical
monopoly on their respective lines, and were able to insist
upon special contracts, not merely limiting their liability,
but freeing themselves from responsibility, even for gross
negligence. This conduct gave rise to general dissatisfac-
tion, and also caused much litigation (b). To meet this,
sect. 7 of the Railway and Canal Traffic Act was passed.
The section provides :
" Every such company as aforesaid shall be liable for the
loss of or for any injury done to any horses, cattle, or other
animals, or to any articles, goods, or things in the receiving,
forwarding, or delivering thereof, occasioned by the neglect
or default of such company or its servants, notwithstanding
any notice, condition, or declaration made and given by
such company contrary thereto, or in anywise limiting
(a) See ante, p. 1L'.").
(6) Soo Carr v. Lane. <fc York. Ry. Co., 7 Ex. 707 ; Walker v.
Y. & N. M. Ry. Co., 2 E. & B. 750; Pardimjtvn v. tf. Wales Ry. Co.,
1 H. & N. 392.
SPECIAL CONTRACTS. 133
such liability ; every such imtico, condition, or declaration
being hereby declared to be null and void : provided (!) Condition
always, that nothing herein contained shall be construed a bi e .
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 be just and
reasonable : provided always, that no greater damages (2) Liability
shall be recovered for the loss of, or for any injury done certain cases
to any of such animals, beyond the sums hereinafter men-
tioned ; (that is to say) for any horse, fifty pounds ; for
any neat cattle, per head, fifteen pounds ; for any sheep,
or pigs, per head, two pounds ; unless the person 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 percentage upon the excess of
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 percentage 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 in the manner therein mentioned : pro- (3) Proof of
vided also, that the proof of the value of such animals, ^^^
articles, goods, and things, and the amount of the injury
done thereto, shall in all cases lie upon the person claiming
compensation for such loss or injury : provided also, that (4) Contract
no special contract between such company and any other
parties respecting the receiving, forwarding, or delivering
of any animals, articles, goods, or things as aforesaid shall
be binding upon or affect any such party unless the same
be signed by him or by the person delivering such animals,
articles, goods, or things respectively for carriage : pro-
134
CARRIAGE OF MERCHANDISE BY RAILWAY.
(5) Saving- of
Carriers Act.
Extent of
section.
Warehousing.
Traffic by sea.
"Loss or
injury."
vided also, that nothing herein contained shall alter or
affect the rights, privileges, or liabilities of any such com-
pany under the said Act of the eleventh G-eorge Fourth
and first William Fourth, chapter sixty-eight, with respect
to articles of the descriptions mentioned in the said Act."
This section only applies to the receiving, forwarding,
or delivering of traffic by a railway company ; conse-
quently, it does not apply to a condition exempting the
company from liability on a railway not belonging to or
worked by the company, and if a company issue a ticket
containing such a condition and amounting to a special
contract, they will be protected in the case of loss not
occurring on their own line(c); but in such a case the onus
of proof is on the railway company to show that they have
delivered the traffic out of their own custody (d). We have
already discussed what, apart from this section, constitutes
a special contract (e).
Nor does the section apply where the railway company
are acting in a different capacity, for instance, as ware-
housemen (/).
Since the passing of the Eailways Clauses Act of 1863 (#),
where a railway company are authorized to use or employ
steam vessels, the Eailway and Canal Traffic Act, 1854, is
made applicable to such steam vessels and to the traffic
carried thereby (//). Consequently this section is incor-
porated, and to protect themselves in such a case by
special conditions, a railway company must comply with
the requirements of this section (/).
The words "loss or injury" are the same as in the
(r) Zitnz v. S. E. %. Co., L. E. 4 Q. B. 539.
((/} K.-,,t v. Mi<L /.'//. Co., L. E. 10 Q. 13. 1.
(e) Sou ante, j.j.. 125, l -';.
(/) Van Toll v. 8, /:. /,'//. Co., 31 L. J. C. P. 241.
2 \- '21 Viet. c. 92.
(/) ]k,i,l,,,i v. Mitt. Ry. Co., 2 App. Can. 702.
SPECIAL CONTRACTS. 135
Carriers Act, and would probably be held to have the
same meaning (ante, p. 124). They have, however, in
one case, been assumed to apply to injury caused by loss
of market arising from delay (./).
It is important to notice, however, that the words of " Neglect or
the Act are "loss or injury" occasioned by the " neglect
or default" of the company, and on one occasion the
majority of the Court of Exchequer Chamber, differing
thereon from the Court below, seem to have considered
that where there was no misconduct on the part of the
company, and the loss or injury arose from pure accident,
the section had no application (/). If that be so, it would
seem that where the loss or injury was due to pure acci-
dent, the railway company might be protected by special
contract, though not reasonable, or in writing, or signed
by the owner or consignor ; but the point is still un-
decided.
The fact that horses, cattle, sheep, and pigs are specifi-
cally mentioned in the second proviso does not prevent the
section applying to other animals. Thus it extends to
dogs (/). Also it applies to passengers' luggage, whether
carried in the van or taken with the passenger (m).
This section has caused considerable difference of judicial
opinion, and given rise to much litigation. The section
appears in the Traffic Act of 1854 (n) t but (except that it
relates to the carriage of goods) has no reference to the
other sections of that Act, which deal with the jurisdiction
of the Court of Common Pleas over cases of undue pre-
(/) Finlay v. N. Brit. Ry. Co., 8 Ct. Sess. Cas. 959, a decision in
favour of the railway company.
(k] Harrison v. L. B. & S. C. Ey. Co., 2 B. & S. 122.
(Q Dickson v. G. N. Ry. Co., 18 Q. B. Div. 176 ; Ashendon v.
L. B. & S. C. Ry. Co., 5 Ex. D. 190; Harrison v. L. B. & S. C.
Ry. Co., 2 B. & S. 122.
(m) Bunch v. G. W. Ry. Co., 13 App. Cas. 31 ; 17 Q. B. Div. 215;
Cohen v. S. E. Ry. Co., 2 Ex. Div. 253, overruling Stewart v. L. &
N. W. Ry. Co., 3 H. & C. 135.
(>0 17 & 18 Viet. c. 31.
136 CARRIAGE OF MERCHANDISE BY RAILWAY.
ference shown by railway companies, the affording of
reasonable facilities, and the like. It will be observed
that the section consists of an enactment followed by five
provisoes, and it was not until the question had been
raised in the Exchequer Chamber no less than four
times (n) that it was finally decided that all parts of the
section were to be read together, and that the conditions
which a railway company can impose must not only be
just and reasonable, but must be embodied in a special
contract in writing, signed by the owner or sender of the
goods.
Peek v. 2T. This was decided in Peek v. N. Staffordshire Ry. Co. (o),
Ry.Co.* which may be considered the leading case on this section.
The facts were as follows: The owner of some marble
chimney-pieces desired to send them to London. Messages
and notes passed between him and the agent of the railway
company as to the terms on which they were to be carried.
The agent stated that the company would not be responsible
for damage to the goods, unless their value were declared,
and they were insured ; the rate of insurance being 10 per
cent, on the declared value. Ultimately the agent received
a note signed by the plaintiff's agent, requesting that the
marbles might be sent "not insured"; they were sent and
suffered damage. The House of Lords held, after hearing
an elaborate argument by the judges, that there was no
contract signed by the parties within the meaning of the
section ; that the note could not be so connected with the
other communications as to constitute the required contract ;
and that, the parties being left to their rights and liabilities
at common law, the plaintiff was entitled to recover.
In order, therefore, that a railway company may limit
its liability in case of loss of or injury to goods carried by
(/) itcMamu v. Lane, t- }*., //,-. Ry. Co., 4 H. & N. 327; Peek v.
N. 8. Ry. Co., Kll. 1J1. & Ell. 958 ; ll-n-r^on v. L. <fe B. Ry. Co., 2
B. & S. 122, 152 ; Deal v. 8. D. Ry. Co., 5 H. & N. 875 ; 3 H. & C.
337.
(o) 10 H. L. 0. 473.
SPECIAL CONTRACTS. 137
it by means of a special contract, the contract must comply
with, three conditions:
(1.) It must be reasonable.
(2.) It must be in writing.
(3.) It must be signed by the party to be bound by the
contract, or the person delivering the goods to the
company.
If a railway company set up a condition in a special 0) Reason-
contract to qualify or restrict their common law liability,
the onus of showing that it is a reasonable condition rests
upon the railway company who allege it (p) . The question
of what is a reasonable condition is, generally, a question
of mixed law and fact (q) 9 and must be decided upon the
circumstances of each case (r). But, generally speaking, a
condition limiting the railway company's liability is reason-
able if it is accompanied by compensating advantages to
the customer, such as cheapness and the like, and the
customer has the alternative of getting rid of the con-
dition on reasonable terms (s) .
The 7th section of the Traffic Act of 1854, however, Alternative
does not authorize a company to charge more than their r<
maximum, except in the cases specifically mentioned.
Where, therefore, two rates are offered, a higher one at
company's risk, and a lower one at owner's risk, the higher
rate must be within the maximum (t) .
In the case, however, of the animals specifically mentioned,
that is, horses declared to be of greater value than 50/.,
(p} Peek v. N. Staff. Ry. Co., 10 H. L. C. 473 ; Dickson v. O. N.
By. Co., 18 Q. B. Div. llQ,per Lord Esher ; and see M. S. & L.
Ry. Co. v. Broivn, 8 App. Gas. 473, per Lord Watson.
(q) Dickson v. G. N. Ry. Co., 18 Q. B. Div. 176, per Esher,
M. E.
(r} Gregory v. West Mid. Ry. Co., 2 H. & 0. 944 ; M. S. & L.
Ry. Co. v. Brown, 8 App. Gas. 473.
() M. S. & L. Ry. Co. v. Brown, 8 App. Gas. 703.
(*) Peek v. N. Staff. Ry. Co., 10 H. L. Gas. 473, per Cockburn,
C. J.
138
CARRIAGE OF MERCHANDISE BY RAILWAY.
Declaration
as to value.
Reasonable.
cattle of greater value than 15/., and sheep or pigs of greater
value than 2/., the company may charge a reasonable
percentage upon the excess of the value so declared above
the respective sums so limited, which may be in addition
to the maximum (it). In the case of such animals,
however, below the value mentioned, and all other kinds
of animals, the company's risk rate must be below the
maximum.
In order to entitle the company to a charge in excess of
their maximum, the declaration that the animal is worth
more than stated in the Act must have been actually made,
and the knowledge of the company as to the value of an
animal, not derived from a declaration to that effect, will
not enable them to charge an increased rate under the
section (r), and the declaration must have been made by
the sender that it should operate so as to enable the
company to charge the higher rate (ic).
But if a consignor of horses make a declaration that his
horses are not worth more than 107. each, and they are
injured on the way, he is estopped from denying the truth
of his declaration (x).
The following conditions have been held to be just and
reasonable :
That the company should carry traffic at " owners' risk
for a rate lower than the ordinary rate, a reasonable
alternative rate being offered at which they would carry
as insurers" (y}.
That the company should not be responsible under any
circumstances for loss of market or other loss or injury
arising from delayer detention of train, exposure to weather,
(/) Peek v N. Staff. Ry. Co., 10 H. L. Gas. 473.
(v) Bobinton v. L. & S. II'. 7ty. Co., 34 L. J. C. P. 234.
(w) ll.i.f.
() McCi',,.. v. /. ,t- \. II". A'//. Ob., 3 II. & 0, 343.
(/) Lewit v. 0. II . . 1'.. l>iv. 1 1;>; M. ,s. L. Ry.
Co. v. 7.Vo//-//, s App. Cas. 703.
SPECIAL CONTRACTS. 139
stowage, or from any cause whatever other than gross
neglect or fraud (z) .
That claims for damage should be made within seven
days (a) ; but whether this would be held reasonable in the
case of animals has been doubted in an Irish case (b) .
"Where the company carry luggage for ordinary passen-
gers free of charge, a condition that luggage carried for
passengers who are charged less than the ordinary rate is
reasonable (c).
On the other hand, the following have been held to be Unreasonable
unreasonable conditions, and therefore void :
That the company would not be responsible for damage
to marbles sent by railway unless their value were declared
and an insurance premium of 10 per cent, on the declared
value paid (d).
That the company would not receive dogs for convey-
ance except upon the terms that they should not be respon-
sible for loss or damage to the dogs beyond 2/., unless a
percentage of 5 per cent, were paid on the declared excess
of value beyond 21. ; the rate for insurance being con-
sidered too high (e) .
" That the company would not in any case be liable for
loss or damage to a horse or other animal above the value
of 4U/., or any dog above the value of 51., unless a declara-
tion of its value, signed by the owner or his agent at the
time of booking, shall have been given to them " (/) ; but
(z) Beal v. South Devon Ry. Co., 3 H. & C. 337 ; Lord v. Mid.
By. Co., L. E. 2 C. P. 339.
(a) Lewis v. G. W. Ry. Co., 5 H. & N. 867.
(6) Moore v. G. N. Ry. Co., 10 L. E. Ir. 95.
(c) Rumsey v. N. E. Ry. Co., 14 C. B. N. S. 641.
(d) Peek v. N. Staff. Ry. Co., 10 H. L. C. 574.
(e} DicJcson v. G. N. Ry. Co., 18 Q. B. Div. 176. Note. It is
obvious that in both this case and the one last mentioned the rate
required by the railway company might easily have exceeded their
maximum, which this section gives the companies no power to do.
(/) Ashendon v. L. B. & S. C. Ry. Co., 5 Ex. D. 190. So far as
140 CARRIAGE OF MERCHANDISE BY RAILWAY.
Unreasonable it appears that if the company had merely limited their
common law liability by stipulating that they should not
be liable for loss resulting from mere accident, without
neglect or default on their part, the condition would have
been reasonable and valid (y).
That the "company would not be amenable for any
consequences arising from detention or delay in or relative
to the conveying or delivery of the said animals however
caused" (//).
That the owner should " undertake all risk of loading,
unloading, and carriage, whether arising from the negli-
gence or default of the company or their servants, or from
defect or imperfection of the station, platform, or other
places of loading or unloading, or of the carriage in which
the cattle may be loaded or conveyed, or from any other
cause whatever," although the company gave a free pass to
the persons in charge of the cattle (i).
" That with respect to any animals booked through by
the company or their agents for conveyance partly by
railway and partly by sea, or partly by canal and partly
by sea, such animals will only be conveyed on the condi-
tion that the company shall be exempt from any liability
for any loss or damage which may arise during the
carriage of such animals by sea, from the act of God,
accidents from machinery, and all and every other damages
and accidents of the seas, rivers, and navigation of what
nature and kind soever, in the same manner as if the
company had signed and delivered to the consignor a bill
of lading containing such condition. Nor will the com-
* Sic. pany be responsible for loss of or damage to animals*
HbrriMN v. L. /:. <fc S. C. Ry. Co. (2 B. & S. 122) is in antagonism
to this case, it must be considered to have been overruled by Peek
v. A T . . Co., 10 H. L. Gas. 474.
(fj] Athmdon \. L. /:. d . Co., 5 Ex. D. 194, per Haw-
kins, J.
(/j) All<lu v. C. IT. //.//. Co., 5 B. & S. 903.
(i) Booth v. N. E. By. Co., L. E. 2 Ex. 173.
SPECIAL i \)N TRACTS. 141
arising from the dangers or accidents of the sea, or of steam Unreasonable
navigation, the act of Gfod, jettison, barratry, collision,
improper, careless, or unskilful navigation, accidents con-
nected with machinery, or boilers, or any default or
negligence of the master or any of the officers or crews of
the company's vessels " (k). It was also held that the words
company's vessels applied to vessels employed by the
company as well as to those owned by them.
That the company would not be liable to loss of animals
occasioned by overcrowding (/).
That the company would not be responsible for the
owner obtaining his own cattle (HI) .
That the company should not be liable for damage
unless pointed out at the time of unloading (n).
That the company will not be accountable for the loss,
detention, or damage of any package insufficiently or
improperly packed, marked, directed, or described, or
containing a variety of articles liable by breakage to
damage each other (o).
That the company will not be responsible for a passen-
ger's luggage unless fully and properly addressed with the
name of the owner (/?).
The condition relied on must be in writing ; and although (2) In writing,
it appears that it is not essential for the document con-
taining the condition to be on the same piece of paper
with the signature of the person delivering the goods or
against whom it is to be used, yet, having regard to the
strict wording of the Act, it is advisable that it should be
so, and in any case the document containing the condition
must be so incorporated by reference in the document con-
(k) Doolan v. Mid. Ry. Co., 2 App. Gas. 792.
p) Corrigan v. O. N. Ry. Co., 6 L. E. Ir. 91.
(m) McNaUy v. Lane. & York. Ry. Co., 8 L. E. Ir. 81.
() Lloyd v. Waterford & Limerick Ry. Co., 15 Ir. C. L. 37.
(o) Simons v. G. W. Ry. Co., 26 L. J. C. P. 25; Garton v. Bristol
& Exeter Ry. Co., 1 B. & S. 112.
(p) Cutler v. N. London Ry. Co., 19 Q. B. D. 64.
142
CARRIAGE OF MERCHANDISE BY RAILWAY.
taining the signature as to leave no room for doubt as to
what is the document referred to, and to make the two
pieces of paper virtually one document (r) .
(3) Signature. The owner is bound by reasonable conditions, if signed
by a servant on his behalf, even though the servant cannot
read () ; and it has been held sufficient where the condi-
tions were signed by a railway agent employed by the
consignor to deliver the goods to the company (t) . The
section, however, must be complied with, and the conditions
signed either by the person against whom they are used or
by the person delivering them to the company. And so,
although a consignor might make one of the company's
servants his agent for signing the conditions, a railway
company permitting its servants to sign such conditions
would be acting unwisely. The question would imme-
diately arise whether delivery to the servant was not con-
structive delivery to the company.
The section only requires the conditions to be signed by
the owner of the traffic if they are to be used against him,
and so, though not signed by the owner, the railway com-
pany may set them up as a special contract under sect. 6
of the Carriers Act (u).
A contract to carry at "owner's risk" only absolves the
company from liability owing to accident in the ordinary
course of transit, but does not protect the company from
liability owing to delay (r), or owing to the goods being
carried in an unusual manner (/r).
A V here there are special conditions of carriage exone-
rating the company from liability, and an exception is
inserted for wilful misconduct on the part of the company,
this means wilful misconduct with a knowledge that it
(r) See Peek v. N. Staff. Ry. Co., 10 H. L. C. 473.
(*) Kirly v. (L M". By. Co., 18 L. T. (N. S/
(t} J /'///</</' v. ft. II". /.'.//. Co., 15 C. B. N. S. 582.
(i/) /;.,-, ,.,l,ite v. G. E. Ry. Co., L. E. 4 Q. B. 244, 254.
(r) Jlnbinson v. O. W. Ry. Co., L. E. 1 C. P. 329; D'Arc y. L.
. /;,/. Cb., L. II. 9C. P.
(/r) I'onlifejc v. Jl'irtlri/, S Times L. B. 1^7.
Owner's risk.
"Wilful mis-
conduct.
SPECIAL CONTRACT. 143
will lead to injury (.r). There is no necessity that a
criminal intention should be made out. So where a railway
company having carried goods from one station to another,
the station master at the place to which they were carried,
without making any inquiries of the consignor, after the
delay of a week delivered the goods not to the consignee,
but to a person of a name very similar, the delivery was
held wilful misconduct (y) .
"Where under a special contract for the carriage of Loss, deten-
cattle, duly signed, the company were not to be liable for
any loss, detention, or injury to the animals, except it
arose from wilful misconduct on the part of the company
or its servants, and the cattle were detained at the delivery
terminus in consequence of the clerk of the company
having omitted to enter them as carriage paid, it was held
that the withholding of the cattle upon a groundless claim
was not " detention " of them within the conditions, and
that the company were liable (s) .
And, although a railway company may have contracted Negligence,
themselves out of their liability as common carriers or
insurers of the goods they carry, they may still be liable
if the damage to the goods arises from the negligence of
the company or their servants (a). So, where the owner
of a cow had agreed that the company should not be
liable for " any loss or injury to cattle in the receiving,
forwarding, or delivering, if such damage be occasioned
by the kicking, plunging, or restiveness of the animal," it
was held that the damage to the cow being caused by the
negligence of the company's servant in delivering, the
company were liable (6).
(x) Q. W. By. Co. v. Glenister, 29 L. T. 422 ; Webb v. G. W. Ry.
Co., 26 W. B. Ill ; Lewis v. G. W. Ry. Co., 3 Q. B. D. 206.
(y] Hoare v. G. W. Ry. Co., 37 L. T. (N. S.) 186.
(z) Gordon v. G. W. Ry. Co., 8 Q. B. D. 44.
(a) Gill v. M. S. & L. Ry. Co., L. B. 8 Q. B. 186; Martin v.
Great Indian Ptn. Ry. Co., L. E. 3 Ex. 9.
(ft) Gill v. M. S. & L. Ry. Co., L. B. 8 Q. B. 186.
144 CARRIAGE OF MERCHANDISE BY RAILWAY.
Gross negli- Where a contract provided that a company should not
be liable " except in the case of gross negligence or fraud,"
the Court, holding the contract to be reasonable, said, "In
the case of a carrier or other agent holding himself out for the
careful and skilful performance of a particular duty, gross
negligence includes the want of that reasonable care, skill,
and expedition, which may properly be expected from
persons so holding themselves out and their servants."
" The company, therefore, properly speaking, exclude
their liability as insurers, and not their liability for
reasonable care, skill, and expedition" (c).
(c) Seal v. South Devon Ry. Co., 3 H. & 0. 337; and cf. Carr v.
Lane. & York. Ry. Co., 7 Exch. 707.
CHAPTER XI.
EXPLOSIVES AND DANGEROUS GOODS.
THE carriage of explosives and dangerous goods forms the
subject of special legislation. And, so far as rates are con-
cerned, they are placed in the exceptional class, and it will
be observed that the rates chargeable for their carriage are
not limited as in the case of other traffic, but are " such
reasonable sum as the company may think fit in each
case" (a).
The Railways Clauses Act, sect. 105, provides :
"No person shall be entitled -to carry, or to require the
company to carry, upon the railway any aquafortis, oil of
vitriol, gunpowder, lucifer matches, or any other goods
which, in the judgment of the company may be of a
dangerous nature ; and if any person send by the railway
any such goods without distinctly marking their nature
on the outside of the package containing the same, or
otherwise giving notice in writing to the book-keeper or
other servant of the company with whom the same are left
at the time of so sending, he shall forfeit to the company
twenty pounds for every such offence, and it shall be law-
ful for the company to refuse to take any parcel that they
may suspect to contain goods of a dangerous nature, or
require the same to be opened to ascertain the fact."
It will be noticed that this section gives the railway
company a very large discretion as to what are goods of a
dangerous nature. Probably railway companies could not
() See/w*#, p. 210.
D. I,
116 CARRIAGE OF MERCHANDISE BY RAILWAY.
be compelled by the Railway Commissioners under their
power to order reasonable facilities to carry goods coming
within this section (b).
In order to convict a person of the offence of sending
dangerous goods under this section, a guilty knowledge on
the part of the sender must be shown (c) .
A person employing a carrier to convey an article of so
dangerous a nature as to require extraordinary care in the
conveyance, must communicate the fact to the carrier, or
he may be responsible for any injury which may result
from his omission to do so (cl).
By the Explosives Act, 1875 (e\ every railway company
carrying gunpowder, nitre-glycerine, dynamite, or "any
other substance, whether similar to those above mentioned
or not, used or manufactured with a view to produce a
practical effect by explosion or a pyrotechnic effect," must
make bye-laws regulating such conveyance, which have to
be confirmed by the Board of Trade.
Shortly after the passing of the Act, a model code of
bye-laws was agreed to by the Board of Trade and the
fifty-two railway companies who are members of the
Clearing House, which is believed to be noAv generally
adopted.
(70 ]>icl;*on v. (L N. P,/. Co., 19 Q. B. Div. lS6,per Liudley, L. J.
((} Jit-firm' v. (iiirton, 2 Kll. & Ell. GG.
(d) Kin-nut v. Harms, 11 C. B. N. S. 553.
('} 3$ Viet. c. 17, repealing the Gunpowder Acts, the Carriage of
Dangerou-; KxplosivesAct, 18G6, and the Nitro-Glycerine Act, 1869.
( 147 )
CHAPTEE XII.
ARBITRATIONS UNDER THE BOARD OF TRADE ARBITRATIONS
ACT, 1874, AND THE ARBITRATION ACT, 1889.
IT will be found that the General Conditions contained in
the Schedules to the several Eailway Companies' Pro-
visional Orders, which are the subject of the second part of
this "Work, contain many provisions referring differences
arising between the railway companies and their traders to
the decision of the Board of Trade, or of an arbitrator to
be appointed by them(fl). And by clause 25 (ft) it is pro-
vided that the Board of Trade Arbitrations, &c. Act,
1874 (c), is to apply, so far as applicable, to every deter-
mination of a difference or question by arbitration under
the provisions therein contained. It may be useful, there-
fore, to consider this Act and the more general Arbitration
Act of 1889, so far as they are likely to bear on the
determination of these and similar differences.
The Board of Trade Arbitrations, &c. Act, 1874,
consists of two parts, the first dealing with Board of Trade
inquiries, and the second with the power of referring
questions to the decision of the Eailway and Canal Com-
mission.
" "Where, under the provisions of any special Act (d) Power of
passed either before or after the passing of this Act, the Trade as to
inquiry.
() E.g., clauses 2 (b), 4, 5, 6, 7, 8, of the General Conditions,
and clause 4 of the Special Provisions as to Perishables in Part Y.
(6) Clause 24 in the Scotch and North Eastern schedules.
(c) 37 & 38 Viet. c. 40.
(d) This includes a provisional order confirmed by Parliament
(s. 4). Sic post, p. 140.
L2
148 CARRIAGE OF MERCHANDISE BY RAILWAY.
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 think necessary for
the purpose of enabling them to comply with such requisi-
tion or to 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 " (e).
Expenses of " Where application is made in pursuance of any special
& c . 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 rela-
tion 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 the provisions con-
tained 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 ;m order of the Board of Trade, shall be
paid as costs of the arbitration or referenco " (/).
The Board of Trade may, if they think fit, on or at any
time aft or the making of tlio application, by order require
the parties to the application, or any of them, to pay to the
(e) Board of Tra<V Arbitrations Act (37 & 38 Viet. c. 40), s. 2.
( /) Ibid s. 3.
ARBITRATIONS. 149
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 pay-
ment 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 Recovery 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 (y) .
In this part of this Act the term " Special Act " means Meaning of
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 Rail-
ways Construction Facilities Act, 1864(//).
An order of the Board of Trade for the purposes of this Order of
part of this Act, or of any such special Act as is referred in
to in this part of this Act, may be made in writing under
the hand of the President, or of one of the Secretaries of the
Board (A).
Section 5 of the Act is now repealed (/ ) .
Poiccr to appoint Railway Commissioners as Arbitrators.
The second part of the Act provided (A 1 ) , "Where any Reference to
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
(</) Hid. s. 3.
(h) Ibid, s, 4.
(i) 46 & 47 Viet. c. 39.
(k) Board of Trade Arbitrations Act (37 & 38 Viet, c. 40), s. G.
150 CARRIAGE OF MERCHANDISE BY RAILWAY.
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 Commis-
sioners 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 28th section
of the Lands Clauses Consolidation Act, 1845."
Powers of " Where any difference is referred for the decision of the
Commission. Commissioners in pursuance of the Regulation of Railways
Act, 1873, as amended by this part of this Act, the Com-
missioners 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 to
the same subject-matter as any arbitrator or arbitrators
would have had if the difference had been referred to him
or them" (0-
It is also provided that this part of this Act shall be
construed as one with the Regulation of Railways Act,
IN?-'), whirh contains (HI) a definition of the term "Special
Act " similar to that given above as applicable to Part I.
of the Board of Trade Arbitrations, &c. Act, 1874 (;/).
A reference to the Railway Commissioners as arbitrators
(0 Board of Tni<U> Arl.it rations Act (37 & 38 Viet. c. 40), s. 7.
(m) 36 & 37 Viet. c. 48, s. 3.
(n) Ante, p. 1 1!'.
ARBITRATION-. 151
under this Act will be materially different from a hearing
before an ordinary arbitrator, as, in addition to the powers
of an arbitrator, they are to have the same powers as if the
matter had been referred to their decision under the Traffic
Act of 1873. By sect. 18 of the Traffic Act of 1888, they
are to have, " for the attendance and examination of wit-
nesses, the production and inspection of documents, the
enforcement of their orders, the entry on and inspection
of property, and other matters necessary or proper for the
due exercise of their jurisdiction under this Act, or other-
wise for carrying this Act into effect," " all such powers,
rights, and privileges as are vested in a superior Court."
And under sect. 17 of the same Act an appeal on any
question of law lies from their decision straight to the
Court of Appeal.
The Arbitration Act, 1889.
By sect. 24 of the Arbitration Act, 1889 (o), it is Application of
enacted, " This Act shall apply to every arbitration under
any Act passed before or after the commencement of this
Act, as if the arbitration were pursuant to a submission,
except in so far as this Act is inconsistent with the Act
regulating the arbitration or with any rules or procedure
authorised or recognised by that Act." And it has been
held that to oust the operation of the Arbitration Act,
1889, the inconsistency must be an inconsistency of this
kind, viz., that the obligation imposed by the Arbitration
Act, 1889, must be so at variance with the machinery and
mode of procedure indicated by the Act providing for the
arbitration that, if the obligation imposed by the Act of
1889 were added, the machinery of the other Act would
not work (p) .
Under the Arbitration Act, 1889, a submission is, unless
(o) 52 & 53 Viet. c. 49.
(l>) In re Kniylit and Tabernacle Pi-rnuintut Dn illnxj ,b'w/' /_//,
(1891) 2 Q. B. 63 ; affirmed by House of Lords, 8 Times L. E. GIG.
152 CARRIAGE OF MERCHANDISE BY RAILWAY.
the contrary is expressed, to be irrevocable except by leave
of the Court or a judge, and is to have the same effect as
if it had been made an order of Court (r). This does not,
however, make the arbitration a " proceeding in the Court"
within the meaning of sect. 100 of the Judicature Act,
1873 (s). Nor does it give the Court any greater power
over the arbitration than it had before the Act after the
agreement to refer had been made a rule of Court (f).
Before the passing of this Act it was held that the
Court had power to give leave to revoke a submission
where it appeared that the arbitrator was going wrong on
a point of law, even in a matter within his jurisdiction,
and would exercise the power unless the parties agreed to
allow the arbitrator to state a special case (it). This power
was, however, discretionary, and the Court would be re-
luctant to exercise it after a final award was made (v).
In a similar case at the present time the Court would
probably order the arbitrator to state a case under sect. 19
of the Act (x).
Appointment of Arbitrator.
Where the arbitration takes place under the Board of
Trade Arbitrations, &c. Act, 1874, the appointment of the
arbitrator or arbitrators will be made by the Board of
Trade.
If, however, the arbitration take place under an agree-
ment between the parties to submit the matter in dispute
to arbitration, the general law will apply.
Official By sect. 3 of the Arbitration Act, 1889, " Where a
roe.
(r) ,VJ \ 59 VlCt, 0, -19, >. 1.
() In rr ,S7,a- and /!<,,,'il>t$",>, (1892) 1 Q. B. 91.
(t) In n- ,S'////7// ><>! Service wl \> . -~> <j. !'.. I>iv. 545.
(w) K'tat tnul ]\'f ///<//</ !)"</, (',,. \. Kirk, 12 App. Cas. 738.
(v)Jamet r, /a -. _:; < >. 1'.. Div. 12.
(.'-) See In re Kniyld >ul Talernadc Permanent Buildiuy Society,
(1891) 2 Q. 13. 63 (C. A.).
ARBITRATIONS. 153
submission provides that the reference shall be to an
official referee, any official referee to whom application is
made shall, subject to any order of the Court or a judge
as to transfer or otherwise, hear and determine the matters
agreed to be referred." This seems to give the parties
power to select whatever official referee they choose. The
Lord Chancellor, however, and the Lord Chief Justice, or
either of them, has power to order the transfer of any
causes or matters from any one or more of the official
referees to any other or others of them whenever, in his
opinion, it is expedient so to do, having regard to the state
of the business pending before the referees (//),
Under the Arbitration Act, 1889 (2), unless the contrary Implied pro-
is expressed, a submission is to be deemed to include the
following provisions as to the appointment of arbitrators,
so far as they are applicable to the reference :
" (a) If no other mode of reference is provided, the
reference shall be to a single arbitrator."
In an arbitration under the Board of Trade Arbi-
trations Act, 1874, however, the arbitrator or arbitrators
would be specified in the order of the Board of Trade.
" (b) If the reference is to two arbitrators, the two arbi-
trators may appoint an umpire at any time within
the period during which they have power to make
an award."
When two arbitrators have to appoint an umpire, such Umpire,
an appointment is a judicial act (a), and must in no case
be decided by chance or lot (b), unless the parties to the
(y) Rules of the Supreme Court, Ord. XXXVI. r. 47 b.
(z) 52 & 53 Viet. c. 49, s. 2, and first schedule to the Act.
((/) Lord v. Lord, 5 Ell. & B. 404.
(6) Pescod v. Pescod, 58 L. T. 76 ; Ford v. Jones, 3 B. & A. 248 ;
In re Cassell, 9 B. & C. 624; European and American S.S. Co. v.
Crosltey, 8 C. B. N. S. 397.
151
CARRIAGE OF MERCHANDISE BY RAILWAY.
Court may-
appoint
arbitrator or
umpire.
reference consent to such method of appointment (c). An
appointment by lot, however, between two persons, each of
whom was acknowledged by both arbitrators to be a fit
person, was upheld (d).
In certain cases the Court has power to appoint an
arbitrator. Sect. 5 provides,
" In any of the following cases :
(a) Where the submission provides that the reference
shall be to a single arbitrator, and all the parties
do not, after differences have arisen, concur in the
appointment of an arbitrator :
(b) If an appointed arbitrator refuses to act, or is in-
capable of acting, or dies, and the submission does
not show that it was intended that the vacancy
should not be supplied, and the parties do not
supply the vacancy :
(c) "Where the parties, or two arbitrators, are at liberty
to appoint an umpire or third arbitrator, and do
not appoint him :
(d) Where an appointed umpire, or third arbitrator,
refuses to act, or is incapable of acting, or dies,
and the submission does not show that it was in-
tended that the vacancy should not be supplied,
and the parties, or arbitrators, do not supply the
vacancy :
any party may serve the other parties, or the arbitrators,
as the case may be, with a written notice to appoint an
arbitrator, umpire, or third arbitrator.
" If the appointment is not made within seven clear days
after the service of the notice, the Court or a judge may,
on application by the party who gave the notice, appoint
an arbitrator, umpire, or third arbitrator, who shall have
(<) 7/t re Tunno, 5 B. & Ad. 48S ; / n ftrecnwood, 1 P. & D.
463 ; In )' ,/>ii,,if8on t 4 A. A: K. !M'>.
(<!} Inr< Hopper, L. E. 2 Q. B. 307.
ARBITRATIONS. 155
the like powers to act iii the reference and makr an award
as if he had been appointed by consent of all parties."
Where a submission provided for the reference of matters When Court
in difference, "to an arbitrator or umpire," it was held that ^
this was a reference to a single arbitrator within sect. 5 of
the Act, and that in such a case a written notice by one
of the parties to the other requiring him " to concur in
appointing an arbitrator " was a sufficient notice to appoint
an arbitrator within the same section ; the Act not having
intended that the party to whom notice was given should
have the power of appointing the sole arbitrator by him-
self (<?).
It has been held by the majority of the Court of Ap-
peal (/), that when once the Court is satisfied that a
dispute has arisen between the parties within the submis-
sion, and that the conditions precedent (as to notice, &c.)
required by the section have been complied with, that it
has no discretion as to making the appointment, and that
the words " the Court may appoint " are to be read as
" the Court must appoint."
The Court has, however, no power to appoint an umpire When Court
in cases not provided for by the Act, and so in a case where appoint
the reference was to three arbitrators, one to be appointed
by each party, and the third by the two arbitrators, but one
of the parties refused to appoint an arbitrator at all, the
Court had no power to compel him to do so, or to appoint
an arbitrator instead of him (#) .
And where the parties have, by their contract, appointed
an arbitrator, and provided a method for the appointment
of a fresh arbitrator on the failure of the one originally
appointed, by naming a person to appoint the fresh arbi-
trator, it was held that, on the original arbitrator failing,
the Arbitration Act did not so override the contract between
(e) In re Eyre and Corporation of Leicester, (1892) 1 Q. 13. 13G.
(/) Ibid. p. 143.
(.7) In re Smith ami Service and Nelson, 25 Q. B. Div. 545.
156
CARRIAGE OF MERCHANDISE BY RAILWAY.
Parties may
supply
vacancy in
certain cases.
the parties as to empower the Court to appoint the fresh
arbitrator. The original arbitrator was absent in America.
It was held that he had " failed " within the meaning of
the contract (7^).
By sect. 6 of the Act :
" Where a submission provides that the reference shall
be to tw r o arbitrators, one to be appointed by each part}',
then, unless the submission expresses a contrary intention :
(a) If either of the appointed arbitrators refuses to act,
or is incapable of acting, or dies, the party who
appointed him may appoint a new arbitrator in
his place :
(b) If, on such reference, one party fails to appoint an
arbitrator, either originally, or by way of substitu-
tion as aforesaid, for seven clear days after the
other party, having appointed his arbitrator, has
served the party making default with notice to
make the appointment, the party who has appointed
an arbitrator may appoint that arbitrator to act as
sole arbitrator in the reference, and his award shall
be binding on both parties as if he had been ap-
pointed by consent :
Provided that the Court or a judge may set aside any
appointment made in pursuance of this section."
Staying Legal Proceedings.
" If any party to a submission, or any person claiming 1
through or under him, commences any legal proceedings
in any Court against any other party to the submission, or
any person claiming through or under him in respect of
any matter agreed to be referred, any party to such legal
proceedings may at any time after appearance, and before
delivering any pleadings, or taking any other steps in the
(/<) Wl1*i>n v. Eastern Counties N<iri'ja!in /// Transport Co.,
(1892) 1 Q. B. 81.
ARBITRATIONS. 157
proceedings, apply to that Court to stay the proceedings,
and that Court, or a judge thereof, if satisfied that there is
no sufficient reason why the matter should not be referred
in accordance with the submission, and that the applicant
was, at the time when the proceedings were commenced,
and still remains ready and willing to do all things neces-
sary to the proper conduct of the arbitration, may make an
order staying the proceedings" (/).
As a general rule, on an application to stay proceedings General rui-.
in an action on the ground that there is a submission to
arbitration, the question to be decided is, whether the
subject-matter of the action comes within the terms of the
submission (/) . Under this provision, however, the Court
has a discretion to refuse to stay the proceedings in the
action, which it will exercise, even though the subject-
matter of the action be covered by the submission (/).
And if the action be brought in respect of matters some
only of which are covered by the submission, the Court
will, in the exercise of its discretion, refuse to stay the
action so far as relates to the matters included in the sub-
mission (m); and so in a case where the chief question
arose on a point of law, which would have had to be raised
before the Court by the arbitrator stating a special case,
the Court refused to stay the action in the High Court,
but directed the summons to stand over until the question
of law had been determined in the action (n) . As a rule,
however, it is not a sufficient reason for taking the case
(i) Arbitration Act, 1889 (52 & 53 Yict. c. 49), s. 4.
(A-) WiUesford v. Watson, L. E. 8 Ch. 473.
(I) Lyon v. Johnson, 40 Ch. D. 579; In re Carlisle, 44 Ch. D.
200; and cf. In re Eyre and Corporation of Leicester, (1892) 1 Q.
B. 136.
(m)Turnocli v. Sartoris, 43 Ch. Diy. 150; W<rtfor<l v.
Steam Shipping Co., 90 L. T. Jo. 407.
(>0 In re Carlisle, 44 Ch. D. 200.
158
CARRIAGE OF MERCHANDISE BY RAILWAY.
What suffi-
cient reason.
Where fraud
charged.
away from the arbitrator that the decision will involve
questions of law(o).
The fact that the person named as arbitrator has an
interest in the subject-matter of the arbitration is a suffi-
cient reason why the matter should not be referred in
accordance with the submission ( p) . And it may be
sufficient reason that the person objecting to the arbi-
tration has disregarded the agreement to refer and taken
the law into his own hands (q) ; or that he merely wants to
waste time and delay the other party (r) ; or that the
agreement to refer has been properly revoked and has no
longer any effect (s). And so the Court will refuse to stay
the proceedings in an action where it appears that the
agreement to refer is incomplete, and the parties had never
arrived ad idem with regard to it(tf). If, however, the
agreement be in writing, and represent the contract between
the parties, it is not material that it is not signed by both
parties (i*).
As a rule where charges of fraud are brought forward)
and the person charged with fraud objects to arbitration,
it will be sufficient reason for the Court to refuse to compel
the parties to go to arbitration (v). But if it is the person
bringing the charge of fraud who objects to the reference,
(o) Will, tfi.nl v. Watson, L. E. 8 Ch. 472 ; Randjf]er v. 7f,>I,ni*,
L. E. 1 C. P. 679.
(;.) Nvttatl v. Mayor of Manchester, 8 Times L. E, 513; and sco
Pn-L-thnll v. :)/<//////> Local li.xmt, 2 Times L. E. 805.
(7) Davis v. Starr, 41 Ch. D. 242.
(r) Luru v. /Won, 1 C. B. N. S. 639.
(/) Df-nf.tr/,>- Spring -*eJlschaft v. Zfrfaoe, 20 Q. B.
177; 7.WA//V. Thompson* 1 <i. 1'.. Div. 748.
(/) Oaertion TinplaU Oo. v. ///////*, OOL. J. Q. B. 610.
(/) 7A//,-'/-v. Torks) Co., (1892) 1 Q.
B. 111.
(?) WalUs v. JfiwJi, 1 0. B.N. 8.816; W;il<fif<>rd v. Watson,
L. E, M T:<I. 572; Note v. /'. Stewart f- Co., <; Tinu-s I,. R. 378.
ARBITRATIONS. 159
the Court will not necessarily allow him to proceed by
action (.>) . And if the parties have agreed that the award
of an arbitrator shall be a condition precedent to an action
by the plaintiff, the Court will not allow him to proceed
by action, even though the defendant has charged him
with fraud (y), and refused to go to arbitration ; the plain-
tiff being able to force an arbitration upon him (z).
The jurisdiction of the Court is not ousted by a sub- Waiver,
mission to arbitration, and the parties may waive their
right to a reference, and proceed with their action, but if
they do so, one of them cannot afterwards insist on arbi-
tration (a) .
The obtaining from the other party of a consent to the Step in the
extension of time for delivering a pleading is not a step in pr
the proceedings which would prevent the party obtaining
it from asking for a stay of the action, but the taking out
of a summons for particulars of the pleading of the other
party is a step in the proceedings, notwithstanding that
the pleading was amended subsequently to the taking out
of the summons, and so is an application for leave to ad-
minister interrogatories which is granted (b) .
^
Proceedings on the Arbitration.
The arbitrator may decide on the place and time of Meeting,
meeting for the arbitration (<?), and may revoke the appoint-
ment, and appoint some other time and place (d). He
should, however, see that both parties have proper notice
of such appointments, even though one party has im-
(z) Russell v. Russell, 14 Ch. Div. 471.
(y] Trainor v. Phoenix Fire Insurance Co., 8 Times L. E. 37.
(z) Ktnwortluj v. Queen Insurance Co., 8 Times L. R. 211.
(a) London, Chatham & Dover Ry. Co. v. South Eastern Ry. Co.,
40 Ch. Div. 100.
(1)} Chappell v. North, (1891) 2 Q. B. 252.
(c) Fetherstone v. Cooper, 9 Yes. 67.
('/) Eastham v. Tyler, 2 Bail Ct. Eep. 136.
160
CARRIAGE OF MERCHANDISE BY RAILWAY.
Conduct of
Counsel.
properly revoked the submission (e) . It is desirable that
the notice should inform the party that if he do not attend
the arbitrator will proceed in his absence (/) . And if this
be not done, and one of the parties fail to attend, it will
be advisable for the arbitrator to adjourn the meeting (#).
If, however, after proper notice has been given him, one of
the parties fails to attend the meetings, the arbitrator will
be justified in proceeding in his absence (//).
The arbitrator has a general discretion as to the method
in which the case shall be conducted (?'), and may decide
whether or not he will take a view of any premises forming
the subject of the inquiry (). He must be careful, how-
ever, not to exclude any one from the inquiry whose
presence or assistance either of the parties may desire,
without good reason for so doing. In Ilaigh v. IIaff/h(l),
Lord Justice Turner said : " I certainly do not mean to
lay it down that an arbitrator is bound to submit to insults
from those who attend him, but I think that before he
excludes any one from attending on behalf of any of the
parties interested, he is bound to ascertain that there is
good reason for the exclusion, and to take the best care he
can that the party who is affected by the exclusion is not
prejudiced by it."
If either party intend to appear by counsel before the
(<'} ] re A'//A-, 2 ,Tur. 760.
(/) (il'i'l'i'in V. C/nti-nff, 9 D. P. C. 550.
(.'/) Amjn8 V. Fin if /i i'*, 2 F. & F. .'JSl ; //, >v Jfi>r],J,tif, 2 D. &
L. 967.
(//) >v.// v. I'"// frnnltni, (i. I'. 2:>7 ; YVf/tr v. Nmu' t 27 L. J.
Ex. 320.
(/) Tillnmv. <""/</' "' ( ' 1; - - 11 : ^' ?Y M<tf'i>nnt t 9 C. B. N. S.
(A-) Mm.tlii)/ \. /:/<i</.-, 1) ( '. 1',. X. S. .";.' 7. "\VluTO the sulnnis-
sion requires the ail.itiatcr to view the premises, and he does so,
he need not recite it in the award: >>>/< v. ]\<i*tim Cimff>'s /'//.
' . 7D.P. C.(J97.
(/) 3DeG. F. & J. 157, 168.
ARBITRATIONS. 161
arbitrator, it will be well to give notice of such intention
to the other side, or an adjournment may be asked for (in).
It is enacted by the Arbitration Act, 1889(w), that
unless the contrary is stated the following provision shall
be implied in the submission so far as applicable to the
reference.
" The parties to the reference, and all persons claiming
through them respectively, shall, subject to any legal
objection, submit to be examined by the arbitrators or
umpire, on oath or affirmation, in relation to the matters
in dispute, and shall, subject as aforesaid, produce before
the arbitrators or umpire, all books, deeds, papers, accounts,
writings, and documents within their possession or power
respectively, which may be required or called for, and do
all other things which during the proceedings on the
reference the arbitrators or umpire may require. And "Witnesses,
also(o), that the witnesses^ on the reference shall, if the
arbitrators or umpire think fit, be examined on oath or
affirmation.
And it is provided by the same Act(p), that any party
to a submission may sue out a writ of subpoena ad testifican-
dum or of subpoena duces tecum, but no person shall be com-
pelled under any such writ to produce any document which he
could not be compelled to produce on the trial of an action.
If a document is material to the matter in question it Document,
may be protected from production on any of the following tected.
grounds :
1. That it would tend to incriminate the party or expose
him to the risk of any kind of punishment, whether
it be by way of penalties, forfeiture, or ecclesias-
tical censure (q) .
(m) Whatley v. Norland, 2 C. & M. 347.
(n) 52 & 53 Yict. c. 49, s. 2, and first schedule, clause (f).
(o) Hid. first schedule, clause (g).
(p) Ibid. B. 8.
(q) Redfern v. Bedfern, (1891) P. 139.
M
162
Affidavit of
documents.
Bankers'
books.
CARRIAGE OF MERCHANDISE BY RAILWAY.
2. On the ground of legal professional privilege.
(a) Professional communications between the client
and his legal adviser (r) .
(b) When there is litigation anticipated documents
made for the purpose of furnishing to the
solicitor evidence to enable him to conduct
the litigation. But this does not include
communications from the client's agent (s) .
3. That it discloses the party's evidence or the names of
his witnesses (t) . As to title-deeds, where they
form part of the plaintiff's case he must discover
them (tt) ; but the defendant in an ejectment action
cannot be made to do so (v) .
4. That they are public official documents and that
their disclosure would be injurious to the public
interest (w).
It is, however, for the arbitrators and not one of the
parties to decide whether or not particular documents are
material (#).
The High Court has no jurisdiction to grant an order
for an affidavit of documents even when the arbitration
takes place under an order of the Court, the whole
jurisdiction as to discovery being in the hands of the
arbitrator (//).
Under the Bankers' Books Evidence Act(s) copies of
bankers' books are evidence of the books before arbitrators,
and may be verified by oral evidence or by affidavit.
(r) Mi net v. Morgan, L. E. 8 Ch. 361.
(j) Anderson v. Sank of Columbia, 2 Ch. D. 644.
(t) lliddcr v. JirMyes, 29 Ch. D. 29; Cayley v. Sandycroft, 33
W. E. 577,
(u) ('<>!/!'>/ v. Sandycroft Co., 33 W. E. 577.
(v) Lyell \. 1\> ,,,,uti/, 8 App. Cas. 217.
(w) Henessy v. \Vri<jht, 21 Q. B. D. 509.
(x) Arbudck v. 7V/v s P. C., 4 Dowl. 174.
(y) Penrice v. Will inn,*, 23 Ch. D. 353.
(z) 42 & 43 Viet. c. 11.
ARBITRATIONS. 163
The Arbitration Act, 1889 (a), also provides that (1) "the Subpoena
n . , , ,, 'i. i , within United
Court or a judge may order that a writ of subpoena ad Kingdom.
or of Kidtjuvuti (tiiccx tccinn, shall issue to compel
the attendance before an official or special referee, or before
any arbitrator or umpire, of a witness, wherever he may be
within the United Kingdom ; and (2) the Court or a judge
may also order that a writ of habeas corpus ad testificandiun
shall issue to bring up a prisoner for examination before
an official or special referee, or before any arbitrator or
umpire." Thus providing for securing, on an English
arbitration, the attendance of witnesses in Scotland and
Ireland. There is, however, no jurisdiction to issue a
commission for the examination of persons abroad, under
a submission to arbitration by agreement between the
parties (b) ; but it is otherwise when the arbitration takes
place under a statute, as where a dissentient shareholder's
interest is being ascertained under the Companies Act,
1862, and in such a case a commission may issue (<?).
The arbitrators or umpire have power, unless the sub- Administer-
mission express a contrary intention, to administer oaths mg oaths > &c -
to, and take the affirmations of, the parties and witnesses
appearing (d) ; and any person wilfully and corruptly Perjury.
giving false evidence before any referee, arbitrator, or
umpire is guilty of perjury as if the evidence had been
given in open Court, and may be dealt with, prosecuted,
and punished accordingly (e). And the manufacturing of
false evidence before an arbitrator, not amounting to
perjury, has been held a criminal offence (/).
The parties appearing before an arbitrator and the wit- Arrest.
nesses being compellable to attend are protected from
(a) 52 & 53 Viet. c. 49, s. 18.
(6) In re Shaw and Ronaldson, (1892) 1 Q. B. 91 (C. A.),
(c) In re Mysore West Gold Mining Co., 42 Ch. D. 535.
(d} Arbitration Act, 1889 (52 & 53 Viet. c. 49), s. 7.
(e} Ibid. s. 22.
(/) Reg. v. Vreones, (1891) 1 Q. B. 360.
M2
164 CARRIAGE OF MERCHANDISE BY RAILWAY.
arrest, even though no action be pending, in the same
manner as in the case of a trial at law (g). And this
protection extends during the adjournment of the arbitra-
tion, whether on the same day (h) or from day to day, but
not if many days elapse before the next meeting (?').
Evidence. Arbitrators are bound by those rules of evidence which
govern courts of law (/>) .
Admissibility. It has long been considered that the arbitrator's decision
as to the admissibility of evidence was final, and that his
award could not be impeached on the ground that he had
decided wrongly as to the admissibility of certain evi-
dence (/) ; and probably when the award was once made
the Court would now, in the exercise of its discretion,
refuse to disturb it on that ground (m). If, however, the
evidence were of sufficient importance, the question of its
admissibility would be one on which the arbitrator might
fairly be asked to state a case under sect. 7 of the Act, or
on which the Court would direct him to do so under
sect. 19 ().
Taking The arbitrator, however, must be careful to see that each
party has an opportunity of being heard before him (0),
even though he be a mercantile arbitrator, and must take
any evidence adduced by the parties, which is admissible,
even though he may think he has already sufficient evidence
before him (p) 9 or the award will be liable to be set aside,
(g) Webb v. Taylor, 1 Dowl. & L. 676.
(A) Exparte Temple, 2 Ves. & B. 395.
(i) Spencer v. Newton, 6 A. & E. 623.
(*) A.-G. v. Davison, M'Clel. & Y. 160.
(I) Hagger v. Baker, 14 M. & W. 9; Eastern Counties Ry. Co. v.
Robertson, 6 M. & G. 38 ; Ferryman v. Steggall, 2 D. P. C. 726 ;
Armstrong v. Marshall, 4 D. P. C. 593 ; Symes v. Goodfellow, 4
D. P. C. 642.
(m) James v. James, 23 Q. B. Div. 12.
(n) East and West India Dock Co. v. Kirk, 12 App. Gas. 738.
(o) Thorburn v. Barnes, L. E. 2 C. P. 384 ; In re Brook, 15 C. B.
N. S. 403; Anon., 2 Chit. 44.
(p) In re Brook, Dekomyn and Badart, 33 L. J. C. P. 246.
ARBITRATIONS. 165
though, perhaps, he has some discretion as to the quantity
of evidence he will receive (q) . It is, however, a matter
entirely in the discretion of the arbitrator whether he will
or will not postpone the reference in order to give one of
the parties an opportunity of bringing a witness from
abroad (r) , and he may refuse to hear fresh evidence from
a party who has definitely closed his case, if no evidence
has been called on the other side (s).
The witnesses should be examined in the presence of both Evidence,
parties, as if the arbitrator receive evidence in the absence
of either party the award may be set aside (t), or at least
remitted to the arbitrator (ti). Nor can the examination
of witnesses in the absence of both parties be justified (w).
Lord Cran worth stated his opinion, in the House of Lords,
that " an arbitrator misconceives his duty if he, in any the
minutest respect, takes upon himself to listen to evidence
behind the back of a party who is interested in contro-
verting, or is entitled to controvert it " (a?). If, however,
the evidence be taken in the absence of one party by his
consent, he cannot afterwards object to the award on that
ground (y) .
Where the arbitrators fail to agree and call in the umpire, Proceedings
the umpire must, if requested to do so by either of the
parties, rehear the evidence that was given before the
(//) Xfckuils v. Warren, 6 Q. B. 615, 618.
(r) Ginder v. Curtis, 14 C. B. N. S. 732 ; and cf. Larchin v.
Ellis, 11 W. E. 281.
(s} Hemming v. Parker, 13 L. T. 795.
(0 In re Hick, 8 Taunton, 694 ; Walker v. Frobisher, 6 Ves. 70 ;
Fetherstone v. Cooper, 9 Yes. 67. A contrary view was at one time
taken in the Common Pleas : see Atkinson v. Abraham, 1 B. & P.
175 ; Signally. Gale, 2 M. & Gr. 830 ; but these cases must be taken
as overruled : Dobson v. Groves, 6 Q. B. 637.
(u) Anning v. Hartley, 27 L. J. Ex. 145.
(w) Plews v. Middleton, 6 Q. B. 845.
(x) Drew v. Drew, 2 Macqueen, 1, 8.
(y) Ibid. ; Hamilton v. Bankin, 3 De G. & S. 782.
166
CARRIAGE OF MERCHANDISE BY RAILWAY.
arbitrators (2) . It is, however, competent for the parties
to waive their right to have the matter re-heard if they
think fit, and to allow the umpire to decide on reading the
notes of evidence taken down by the arbitrators (a) ; or a
shorthand writer's notes of evidence signed by the arbi-
trators (b). It is, therefore, desirable that proper notice
should be given to the parties by the umpire to enable them
to lay before him anything they may desire (c) .
Time for
making 1
award.
"When umpire
to enter on
reference.
Award of
umpire.
The Award.
Unless the contrary is expressed, the following provisions
contained in the First Schedule to the Act are to apply so
far as applicable (d) :
" c. The arbitrators shall make their award in writing
within three months after entering on the reference, or
after having been called upon to act by notice in writing
from any party to the submission, or on or before any
later day to which the arbitrators by any writing signed
by them may from time to time enlarge the time for
making the award.
" d. If the arbitrators have allowed their time or extended
time to expire without making an award, or have delivered
to any party to the submission or to the umpire a notice
in writing stating that they cannot agree, the umpire may
forthwith enter on the reference in lieu of the arbitrators.
"e. The umpire shall make his award within one month
after the original or extended time appointed for making
the award of the arbitrators has expired, or on or before
any later day to which the umpire by any writing signed
(z) Jenkins V. Leggo, 1 D. N. S. 277 ; /// re
732 ; In re Ten,; D. P. C. 962.
() In re&rffett, -1 1'. &D. 732.
(/;) In re James, 5 B. & Ad. 488.
(c) See Potter v. Newman, 2 C. M. & E. 742 ; and In re
man, D. P. C. w;i>.
('/) Arbitration Act, 1889 (52 & 53 Viet. c. 49), s. '_>.
4 P. & D.
ARBITRATIONS. 167
by him may from time to time enlarge the time for making
his award."
If the time expire without any enlargement being made,
or if an invalid enlargement be made, and the parties sub-
sequently attend before the arbitrator without taking any
objection, they cannot afterwards object to the award on
the ground that the arbitrator's authority had deter-
mined (c) ; but such attendance will not empower the arbi-
trator to make further enlargements by himself alone (/).
And after the case is closed and the time expired a request
to the arbitrator to consider new matter has been held to
imply a consent to extend the time(^).
And by sect. 9 of the Act the time for making an award Enlargement
may from time to time be enlarged by order of the Court Court. 6 7 *
or a judge, whether the time for making the award has
expired or not : this order being usually obtained on
summons. If the arbitrator make his award after the time
has expired, and the Court subsequently enlarge the time,
the effect is to ratify what has been done by the arbi-
trator without authority, and to render valid any step
taken down to the time limited by the order of the
Court (/O.
Where the time for making an award is enlarged, the
enlargement shall be deemed to be for one month, unless
a different time be specified in the order (?) .
Unless the submission expresses a contrary intention, it Award to be
is provided (/) that the award to be made by the arbitrators
or umpire shall be final and binding on the parties and
the persons claiming under them respectively.
(e) In re Hick, 8 Taunt. 694 ; Eallett v. Hallett, 7 Dowl. 389 ;
Palmer v. Met. By. Co., 31 L. J. Q. B. 259.
(/) Mason v. Wallis, 10 B. & C. 107.
(g) Rex v. Hill, 7 Price, 636.
(A) Lord v. Lee, L. E. 3 Q. B. 404 ; Warner v. Powell, L. E. 3
Eq. 261.
(/) Eules of the Supreme Court, Ord. LXIY. r. 14 a.
(*) Arbitration Act, 1889 (52 & 53 Viet. c. 49), s. 2, and first
schedule, clause (h).
CARRIAGE OF MERCHANDISE BY RAILWAY.
Award in
form of case.
Stamp.
The arbitrator, however, may (/) , unless the contrary be
expressed, (1) state an award as to the whole or part
thereof in the form of a special case for the opinion of the
Court (m), or (2) correct in an award any clerical mistake
or error arising from any accidental slip or omission.
No precise form of words is necessary to constitute an
award ; it is sufficient if the arbitrator expresses by it a
decision on the matter submitted to him (n) , and it may be
in the form of an opinion (o) , and even a request to one
party to pay a sum of money has been held sufficient (p) .
By the Stamp Act, 1891(0), an award in England or
Ireland, and an award or decreet arbitral in Scotland, must
be stamped as follows :
(1) In any case in which an amount or value is the matter
in dispute (r) :
Where no amount is awarded or the amount s. d.
or value awarded does not exceed 5 .003
Where the amount or value awarded
Exceeds 5 and does not exceed 10 ,
10
20
30
40
50
100
200
500
1,000 .
(2) In any other case
20
30
40
50
100
200
500
750
1,000
1
1
2
2
5
10
15
5
15
15
(Z) Arbitration Act, 1889 (52 & 53 Viet. c. 49), s. 7.
(m) As to stating a case, see post, p. 169.
(n) Lock v. Vulliamy, 5 B. & Ad. 600; Wykes v. Shipton, 3 N. &
Man. 240.
(o) Matson v. Trower, E. & M. 17.
(;>) Smith v. I/.irf!,*/, 10 C. B. 800.
(f) 54 & 55 Viet. c. 39, sched. 1.
(r) Formerly the stamp was payable on the amount of the matter
in dispute.
ARBITRATIONS. 169
The appointment of an umpire in writing by the arbi-
trators, however, requires no stamp (.v) .
Stating a CW.
There is no appeal from the award of an arbitrator, even Court may
though his decision involves matters of law, provided he
has acted honestly (^), but provision is made for the state-
ment of a case on any point of law. " Any referee, arbi-
trator, or umpire, may, at any stage of proceedings under
a reference, and shall, if so directed by the Court or a
judge, state in the form of a special case, for the opinion
of the Court, any question of law arising in the course of
the reference " ().
This power to order a case to be stated by the arbitrator
applies to arbitrations under the Building Societies Act,
1874 (ic). In a case where at an early stage of the pro-
ceedings the arbitrators refused to state a case on a
question as to the construction of an agreement, the Court
declined to order a case, holding that the mere fact of
there being a question of law to be decided was not a
sufficient ground for a case to be ordered, unless there was
some evidence that the arbitrators were going beyond their
jurisdiction, or were about to act contrary to the law (x).
We have seen that the arbitrator may state his award as Award in
to the whole or part thereof, in the form of a special case, orm
for the opinion of the Court (y).
In stating a case on a point of law, the arbitrators Case, how to
should set forth such facts as are necessary to enable the be 8tated -
() Routledge v. Thornton, 4 Taunt. 704.
(t] Darlington Waggon Co. v. Harding, 7 Times L. R. 106. The
report in the Law Reports does not touch this point.
(a) Arbitration Act, 1889 (52 & 53 Yict. c. 49), s. 19.
(w) In re Knight and Tabernacle Permanent Building Society, (1891)
2 Q. B. 63 ; an 3 , by H. L., (1892) W. N. 98.
(x) In re Gray & Co. and Boustead & Co., 8 Times L. R. 703.
(y) Arbitration Act, 1889, s. 7.
170 CARRIAGE OF MERCHANDISE BY RAILWAY.
Court to determine the question of law (z). He should
not, however, set out the evidence, leaving the Court to
draw inferences of fact, but should state what facts he
finds (a). And he must find the facts definitely (b).
"Where important questions were involved in the arbi-
trator's decision, the Court ordered the arbitrator to state
a case after he had made his award, showing his reasons
for the decision given by him (c). In another case, where
the reference was ordered by the Court, the order of refer-
ence contained a direction to the referee to state a case on
any question of law that might arise (d).
If the Court disapprove the decision of an arbitrator, it
has no power to alter it, and can only send it back to the
arbitrator or set it aside (e) .
Appeal. There is no appeal from the decision of the High Court
on a case stated during the reference under sect. 20 of the
Arbitration Act, 1889 (/) ; but if the award be stated in
the form of a special case under sect. 7 an appeal will lie
from the decision of the High Court thereon (</).
"Where a case was stated under the Common Law Pro-
cedure Act, 1854, an appeal lay from the decision of the
Judgment, High Court (h) ; and for the purposes of such appeal, if the
whether final. r i_ j ^ ^ * *
case had to go back to the arbitrator after the decision of
the Court, the decision was interlocutory (i) ; but if the
matter were concluded by the decision of the Court, and did
not need to be sent back to the arbitrator, it was final (J) .
(z) Sheridan v. Nagle, 6 Ir. R. C. L. 110.
(a) Jephsonv. //o///.Y//x, 'J Man. & Q-. 366.
(ft) Ferguson v. Norman, 4 Bing. N. C. 52.
(c) In re Oough and Mayor of Liverpool, 6 Times L. R. 453.
(<l) YWr.s v. Earn*, (1890) W. N. 143.
(e) G <>!//< v. MH i/or of Lirn-jtool, 7 Times L. R; 581.
(/) In r< Ktiitjlitnml Tiihtriiurf, /Im'f.linf/ Society, STimesL.R. 783.
(</) Ibid. ; Oough v. Mayor of Liverpool, 7 Times L. R. 581.
(A) Hidder v. N< rlh */,//. /,'//. Co., 4 Q. B. Div. 4TJ.
(i) Coffin ^ v. 7Vf//////v'"N rrtry, ,'j Q. B. D. 368.
(/) Shubrook v. Tn/ndl (C. A.), 46 L. T. 749.
ARBITRATIONS. 171
Remitting to Arbitrators.
Section 10 of the Arbitration Act, 1889, gives power to
the Court to remit the reference to the arbitrators. It
provides
" (1) In all cases of reference to arbitration, the Court Power to
or a judge may from time to time remit the matters re- remit -
f erred, or any of them, to the reconsideration of the arbi-
trators or umpire.
" (2) Where an award is remitted, the arbitrators or
umpire shall, unless the order otherwise directs, make their
award within three months after the date of the order."
If the arbitrators go outside the subject-matters of the
reference it will be a ground for remitting the reference to
them (k) ; but if they have kept themselves substantially
to the matter referred to them the Court will not interfere,
especially if the objection was not taken before the arbi-
trators (/).
As to whether an arbitrator is bound to receive fresh Fresh
evidence when a case is remitted to him, the cases are not evldence -
very satisfactory. The general conclusion to be gathered
from them is that when the award is remitted for some
specific alteration or addition (w), or because it is in some
respect uncertain (ri), the arbitrator need not hear further
evidence. But that if it be remitted on any question of
substance he should do so if the parties are desirous of
bringing anything further before him (0).
(&) Hooper v. Balfour, 62 L. T. 646 ; In re Green and Balfour,
63 L. T. 97, 325.
(?) In re McLean and Marcus, 6 Times L. E. 355 ; In re Brandt
and Boutcher, 7 Times L. E. 140.
(m) In re Huntley, 1 Ell. & B. 787 ; Johnson v. Latham, 20 L. J.
Q. B. 236 ; Baker v. Hunter, 16 M. & W. 672.
(n) In re Morns, 6 Ell. & B. 383.
(o) Nickalls v. Warren, 6 Q. B. 615.
172 CARRIAGE OF MERCHANDISE BY RAILWAY.
Setting aside Award.
Misconduct of By sect. 11 of the Arbitration Act, 1889 :
arbitrator. .. ., ^r-, , .. . ,,-,
1. Where an arbitrator or umpire has misconducted
himself, the Court may remove him.
"2. Where an arbitrator or umpire has misconducted
himself, or an arbitration or award has been improperly
procured, the Court may set the award aside."
Time. An application to set aside an award may be made at
any time before the last day of the sittings next after such
award has been made and published to the parties (p).
The application is by motion, notice of motion to state the
grounds of the application. Notice of motion given
before the last day of the sittings is the beginning of an
application (q) . The time may be extended by an order
of the Court or a judge (r), but not by consent of the
parties (s). Vice-Chancellor Malins (t) thought that the
arbitrators need not be served with the notice of motion to
set aside the award.
It is, however, competent for the parties to agree that
an award shall not be set aside on the ground of fraud on
the part of the arbitrator, such an agreement not being
against public policy, provided there is no fraud on the
part of either of the parties (u) .
Misconduct. The award will be set aside if it appears that the arbi-
trator was interested in the subject-matter (?r). And so
where the two arbitrators differed and called in and sat
(p) Rules of Supreme Court, Ord. LXIV. r. 14.
( 7 ) Find. Ord. LH. r. 4.
(r) In re Gallop and Central (h,., /# Co., 25 Q. B. D. 230.
() Under Ord. LXIV. r. 7 : see In re Oliver and Scott's Arli-
tration, 43 Ch. D. 310.
(t} Mosel<>/ \. ,SY//I/WO, L. R. 16 Eq. 226.
(t*) Tullis v. Jacson, (1892) W. N. 160.
(w) Earl v. Stacker, 2 Vern. 251 ; Kemp v. Rose, I Giff . 258 ;
Kimber/o/ \. />/>/,-, L. R. 13 Eq. 1 ; and cf. Nuttall v. Mayor of Man-
chester, 8 Times L. R. 513.
ARBITRATIONS. 173
with the umpire, who afterwards made the award, and it
appeared that one of the arbitrators was interested in it,
the award was set aside, although made by the umpire,
who was not so interested^). And if the parties, after
discovering the arbitrator's interest in the subject-matter,
allow the arbitration to proceed without objection, they
may be held to have waived their right to object on that
ground (y).
And where there are three arbitrators, the exclusion of
one by the other two is misconduct for which the award
would be set aside (s).
Infamy, i.e., perjury or fraud on the part of the arbi- Infamy,
trator is also a ground on which he will be removed or the
award set aside ().
The award may be set aside if the arbitrator delegate Delegating
his authority (&), but this does not prevent him from
receiving as evidence the opinions of skilled persons (c).
Such misconduct, however, must be clearly proved, mere
suspicion is not enough (d). And evidence of an admis-
sion out of Court by an arbitrator, before witnesses, that he
made his award improperly as, for example, by collusion
or in consequence of a bribe is not admissible in support
of an application to set aside the award. Such an admis-
sion must be made to the Court itself (e) .
(a;) Blanchard v. Sun Fire Office, 6 Times L. E. 365.
(y] Clout v. Met. Ey. Co., 46 L. T. 141.
(2) Chicot v. Leqiiesne, 2 Yes. 315 ; Barton v. Knight, 2 Yern.
514.
(a) Beddow v. Beddow, 9 Ch. D. 89.
(&) Linyood v. Eade, 2 Atk. 502; Haigh v. Haigh, 31 L. J.
Ch. 420.
(c) Cal. Ry. Co. v. Lockhart, 3 Macq. H. L. 808 ; Emery v. Wase,
5 Yes. 848 ; Anderson v. Wallace, 3 01. & F. 26 ; Hopcraft v. Hick-
man, 2 S. & S. 130.
(d} Moseley v. Simpson, L. E. 16 Eq. 226.
(e) In re Whiteley and Hoberts' Arbitration, (1891) 1 Ch. 558.
174
CARRIAGE OF MERCHANDISE BY RAILWAY.
Enforcing
award.
Evidence of
arbitrator.
It is not proposed to go into all the cases in which awards
were set aside prior to the Arbitration Act, 1889. The
powers now possessed by the Court are so much greater
since that Act, that in many cases where the Court
would formerly have been compelled to set aside the award
it might now find some other means of doing justice to
the parties, as by directing the arbitrator to state a case
for its opinion.
Enforcing Award.
Under the Arbitration Act, 1889 (/), an award on a
submission may, by leave of the Court or a judge, be en-
forced in the same manner as a judgment or order to the
same effect. And the Rules of the Supreme Court pro-
vide (g) that an award may, with the leave of the Court or
a judge, and on such terms as may be just, be enforced at
any time, though the time for moving to set it aside has
not yet elapsed.
It has been decided by the House of Lords (h) that an
arbitrator can be called as a witness in a legal proceeding
to enforce his award ; he may be asked questions as to what
passed before him, and as to what matters were presented
to him for consideration ; but no questions can be put to
him as to what passed in his own mind when exercising
his discretionary power on the matters submitted to him.
Also the Court will admit the evidence of an arbitrator
in explanation of his award where it appears there has been
some mistake on his part(/).
If, however, an arbitrator's award has not been taken up
he is privileged from producing, as a witness, either the
;i\s;ml, the submission, or papers obtained by him from
(/) Sect. 12.
(<g) Ord. XLII. r. 31 a.
(A) 7>'mv/,m//, v. Met. Soar.t <>f U orfo, L. E. 5 H. L. 418. Soe
also Anon., 3 Atk. Oil ; /'n*ford v. Swaine, John. & H. 433.
(i) In re Dare Valley Rij. Co., L. E. 6 Eq. 429.
ARBITRATION^. 175
experts for his guidance, and from disclosing the contents
of the award ; but arbitrators are bound to produce docu-
ments handed to them during the investigation by the
party who calls them (k) .
Costs.
Unless the contrary is expressed in the submission it is Costs,
provided (/), that " the costs of the reference and the award
shall be in the discretion of the arbitrators or umpire, who
may direct to and by whom and in what manner those costs,
or any part thereof, shall be paid, and may tax or settle the
amount of costs to be so paid, or any part thereof, and may
award costs to be paid as between solicitor and client."
And this applies tinder a submission dated prior to the
Act where the arbitration took place after the Act (m) .
And with regard to orders made under the Arbitration Costs under
Act, 1889, it is provided (n) 9 that " any order made under Act! r '
this Act may be made on such terms as to costs or other-
wise as the authority making the order thinks just."
But the decision of the Court on a special case stated by
the arbitrator in the course of the reference is not an " order"
so as to enable the Court to order payment of the costs of
the special case. Such costs are costs of the reference, and
therefore the arbitrator may direct by whom they are to be
paid, unless the contrary be provided in the submission (o) .
Miscellaneous Provisions.
The Arbitration Act, 1889, is to apply to any arbitra- Crown to be
tion to which the crown is a party, but is not to compel bound.
(&) Ponsford v. Swaine, John. & H. 433.
(Z) Arbitration Act, 1889 (52 & 53 Viet. c. 49), s. 2, and first
schedule, clause (i).
(TO) In re Williams and Stepney's Contract, (1891) 2 Q. B. 257.
(n) Sect. 20.
(o) In re Knight and Tabernacle Building Society, 8 Times L. E. 783.
176 CARRIAGE OF MERCHANDISE BY RAILWAY.
the crown to submit to a reference without its consent,
nor is the Act to affect the law as to costs payable by the
crown (o) .
The Act is not to affect any arbitration pending at the
commencement of the Act p. e. 9 1st of January, 1890 (/>)],
but applies to any arbitration commenced after the com-
mencement of the Act under any agreement or order made
before the commencement of the Act (q) ; and so it applies
to an arbitration held since 1st January, 1890, under a
submission made before that date (r).
The Act also contains the following definitions (s) :
" Submission " means a written agreement to submit
present or future differences to arbitration, whether
an arbitrator is named therein or not.
" Court " means her Majesty's High Court of Justice.
" Judge " means a judge of her Majesty's High Court
of Justice.
" Kules of Court " mean the Rules of the Supreme Court
made by the proper authority under the Judicature
Acts.
Rules of Court may be made conferring on a Master the
powers of a judge (t).
The Act repeals the prior enactments relating to arbitra-
tions (t^), and does not extend to Scotland or Ireland (r).
It may be cited as the Arbitration Act, 1889 (ic).
(o) 52 & 53 Viet. c. 49, s. 23.
(p) Ibid. B. 29.
(q) Ibid. s. 25.
(r) In re Williams and Stepney, (1891) 2 Q. B. 257.
(a) 52 & 33 Viet. c. 49, s. 27.
(*) Ibid. B. 21.
(w) Ibid. B. 26.
(v) Ibid. B. 28.
(w) Ibid. B. 30.
ARBITRATIONS UNDER ACTS OF 1874 AND 1889. 177
Inferences under Order of Court.
The following provisions of the Arbitration Act, 1889,
to references under order of Court :
Sect. 13 " (1). Subject to Rules of Court (;), and to any right to
have particular cases tried by a jury, the Court or a judge may
refer any question arising in any cause or matter, other than a
criminal proceeding by the Crown, for inquiry or report to any
official or special referee.
" (2) The report of an official or special referee may be adopted
wholly or partially by the Court or a judge, and if so adopted may
be enforced as a judgment or order to the same effect."
Sect. 14. " In any cause or matter (other than a criminal pro-
ceeding by the Crown)
(a) If all the parties interested who are not under any disability
consent ; or
(b) If the cause or matter requires any prolonged examination of
documents, or any scientific or local investigation, which
cannot, in the opinion of the Court or a judge, conveniently
be made before a jury or conducted by the Court through
its ordinary officers ; or
(c) If the question in dispute consists wholly or in part of matters
of account ;
the Court or a judge may at any time order the whole cause or
matter, or any issue of fact arising therein, to be tried before a
special referee or arbitrator respectively agreed on by the parties,
or before an official referee or officer of the Court.
" A reference of ' all matters in difference ' between the parties is
not within this section, and can only be made by consent " (x}.
Sect. 15 " (1). In all cases of reference to an official or special Powers and
referee or arbitrator under an order of the Court or a judge in any remuneration
cause or matter, the official or special referee or arbitrator shall be of arbitrator8 -
deemed to be an officer of the Court, and shall have such authority,
and shall conduct the reference in such manner as may be pre-
scribed by rules of Court (y), and subject thereto as the Court or
judge may direct.
(w) See Rules of Supreme Court, Ord. XXXYI. rr. 6, 52 a,
and 55 c.
(.r) Darlington Waggon Co. v. Harding, (1891) 1 Q. B. 245.
(y) See Ord. XXXYI. r. 45 et seq.
D. N
178 CARRIAGE OF MERCHANDISE BY RAILWAY.
"(2) The report or award of any official or special referee or
arbitrator on any such reference shall, unless set aside by the Court
or a judge, be equivalent to the verdict of a jury.
" (3) The remuneration to be paid to any special referee or arbi-
trator, to whom any matter is referred under order of the Court or
a judge, shall be determined by the Court or a judge."
Where an award had not been taken up and the arbitrator taxed
his costs under this section he was held entitled to recover them
from the parties (z).
Sect. 16. " The Court or a judge shall, as to references under order
of the Court or a judge, have all the powers which are by this Act
conferred on the Court or a judge as to references by consent out
of Court."
Sect. 17. " Her Majesty's Court of Appeal shall have all the
powers conferred by this Act on the Court or a judge thereof under
the provisions relating to references under order of the Court.''
(z) Willit v. WaMey, 7 Times L. E. 604.
( 17!) )
PART THE SECOND,
PROVISIONAL ORDERS OF THE BOARD OF
TRADE, AS SANCTIONED BY PARLIAMENT,
CONTAINING
THE CLASSIFICATION OF MEECHANDISE TEAFFIC
AND
THE SCHEDULE OF MAXIMUM EATES AND CHARGES
APPLICABLE THEEETO.
An Act to confirm a Provisional Order made l)y the
Board of Trade under the Railivay and Canal
Traffic Act, 1888, containing the Classification
of Merchandise Traffic, and the Schedule of
Maximum Rates and Charges applicable thereto,
of the [London and North Western (#)] Rail-
iv ay Company, and certain other Railway Com-
panies connected thereivith.
WHEREAS under the Railway and Canal Traffic 5i&52Vict.
Act, 1888, the Board of Trade embodied in a
provisional order the classification of merchandise
traffic and schedule of maximum rates and charges,
(a) Instead of the words "London and North Western," there may be
here substituted the name of any company to which a provisional order
applies.
180
PROVISIONAL ORDERS OF THE ROARD OF TRADE.
Short title.
Confirmation
of Order in
schedule.
including all terminal charges which, in the
opinion of the Board of Trade, ought to be
adopted by the [London and North Western] Rail-
way Company, and the railway companies con-
nected therewith, which are mentioned in the
schedule to the said provisional order :
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 as-
sembled, and by the authority of the same, as
follows :
1. This Act may be cited as the [London and
North Western] Railway Company (Rates and
Charges) Order Confirmation Act, 1891(&).
2. 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.
(b) The short title to each railway company's Act will be found under
the heading of that company in that part of this work dealing with
special conditions and rates for goods and minerals, post, pp. 21G ct fey.
S( I1EDULE. 181
SCHEDULE.
[LONDON AND NORTH WESTERN]
RAILWAY COMPANY.
Order of the Board of Trade under the Railway and
Canal Traffic Act, 1888, embodying the classifi-
cation of merchandise traffic and the authorised
schedule of maximum rates and charges, including
all terminal charges applicable to the said classifi-
cation of the [London and North Western] Raihvay
Company, and certain oilier railway companies
connected therewith.
1 . This order may be cited as the \_London and short title.
North Western"] Railway Company (Rates and
Charges) Order, 1891.
The short titles of the Orders confirmed in 1892 vary slightly in
form from those confirmed in 1891, so in the case of each company
the short title of the provisional order will be found in the part
dealing with special conditions and rates, pp. 216 et seq.
2. This order shall come into force and have Commence-
effect [on the 1st of August, 1892,] or such later meDt
date as the Board of Trade may by order direct,
which date is in this order referred to as the
commencement of this order.
The date is 1st August, 1892, as printed, for the nine companies
having a terminus in London, and for the other companies the
1st January, 1893. But as in the case of those nine companies the
Board of Trade have extended the commencement to the 1st of
January, 1893, all the provisional orders will come into force on
the same day, viz., 1st January, 1893.
3. This order is to be read and construed sub-
ject in all respects to the provisions of the Railway
and Canal Traffic Acts, 1873 and 1888, and of
maximum
182 PROVISIONAL ORDERS GENERAL CONDITIONS.
any other Acts or parts of Acts incorporated
therewith.
Schedule of From and after the commencement of this
order the maximum rates and charges which the
[London and North Western'] Railway Company,
and the railway companies connected therewith
mentioned in the appendix to the schedule to
this order in respect of railways mentioned 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.
The appendix to each company's schedule is printed immediately
before the maximum rates applicable to the company, post, pp. 216
ct seq.
ENGLISH RAILWAYS (c).
GENERAL CONDITIONS.
Schedule of Maximum Rates and Charges, and
Classification of Merchandise Traffic applicable
to the [London and North Western (^7)] Rail-
way Company and certain other Companies con-
nee ted thereivith.
I. MAXIMUM IV.MT.S AND ( 'IIAKCKS.
1. Tin's schedule of maximum rate- and charges
shall be divided into six parts: Tart I., contain-
ing the maximum rates and charges authorised
in respect of the merchandise comprised in the
(c) The North Eastern Railway has general conditions similar to the
Scotch railways, post, p. 336.
(d) Or insert any railway to which a provisional order applio.
SCHEDULE OF MAXIMUM KAI B8 AM) CHARGES, KM . 183
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 men-
tioned. Part IV., specifying the exceptional
charges mentioned in such part, and the circum-
stances 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 autho-
rised in respect of small parcels by merchandise
train, with the provisions and regulations which
are to apply to such parcels.
Part I. will be found for the various railway companies on pp.
216 to 327.
Parts II., III., IV., V., and VI., are identical for all the English
railway companies, and will be found on pp. 208 to 215.
The following clauses (1 to 28 inclusive) are, except where spe- General
dally mentioned, common to the schedules of all the English com- conditions,
panics, and are hereafter referred to as the ' ' general conditions," and
may conveniently be divided as follows : clauses 2 to 9 inclusive,
and clause 22 (returned empties), specify what charges the company
may make, and what services are covered by such charges in each
case.
Clauses 10 to 18 inclusive deal with the manner in which the rate
is to be calculated.
Clauses 19 to 21 inclusive, and 23 to 28, are of a miscellaneous
character.
It will be noticed that in these clauses a curious distinction is Carriage and
drawn between the expressions " carriage" and " conveyance." conveyance.
To understand this and the following sections, it will be necessary
to consider the charging powers of the majority of railway com-
panies prior to the commencement of these provisional orders. As
is well known, the contract of carnage usually entered into by
railway companies is either for carriage of the goods from ono
station to another at a statioii-to-station rate, or for the carriage of
the goods from the point of departure to the ultimate consignee at
184 PROVISIONAL ORDERS GENERAL CONDITIONS.
a collection and delivery rate, and in practice a single gross charge
is made in both cases.
But, in the first case, the services of the company are confined to
acts performed on their own line, while in the second they act as
earners by road as well as by rail. The rate clauses of most com-
panies' special Acts provided a maximum rate for conveyance
which was to include the provision of trucks and locomotive power,
and every other expense incidental to such conveyance, except
a reasonable sum for loading and unloading, covering collection
and delivery, and every other service incidental to the duty or
Terminal business of a carrier. Clauses similar to this occasioned much liti-
question. gation, and raised what was called the terminal question. On the
Traders' view, part of the traders, it was contended that fche distinction in such
clauses was virtually that above mentioned between station to
station traffic, which was intended to be covered by the conveyance
rate, and collection and delivery traffic, or traffic in which the
company performed duties or services other than carriage by rail-
way, and that the carrier for whose services the company might
charge when performed by them in addition to their conveyance
rate, meant a earner to and from the railway as distinguished from
a carrier on the line, and that, in this view, accommodation provided
at the terminal station was not to be the subject of a separate
charge (e}.
Companies' On the other hand, the railway companies maintained that a
view. distinction of a much less simple character was intended. They
said that in the early days of railway traffic the great carriers,
such as Pickford, or Chaplin & Home, had been in the habit of
undertaking the carriage of goods, either owning the goods stations,
or renting them from the railway companies, and bringing the
goods to their stations and there sorting, loading, and labelling
them, and receiving them again at the end of their transit by rail-
way, sorting them in their goods sheds, and delivering them to the
ultimate consignees, the railway company doing nothing but the
haulage from point to point on the railway, while the carrier in-
cluded in his charge sufficient to recoup himself for the provision
of the goods stations and all the work of sorting, weighing, check-
ing, labelling, (!] -kage, and other work necessary to pivparo the
goods for transit by railway. The railway companies contended
that, having succeeded to the business of these large carriers and
acquired their stations and goods sheds, they were entitled to
charge their maximum rate for conveyance, for the haulage from
point to point, and in addition thereto a reasonable sum for the
(c) See an excellent statement of this view by Sir F. Petl in Hall v.
1. 11. S. C. ity. Co., 15 Q. B. D. 514 ; 4 B. & Mac. 3<J8.
SCHEDULE OF MAXIMUM RATES AND CHARGES, 1 185
provision of station accommodation, and the services ivudrrrd by
them at tlu-ir terminal stations, which had formerly been per-
formed by Pickford or Chaplin & Home, or the other carriers.
This view has finally been upheld by the Court of Appeal (/), and
there can be no doubt that it is the basis on which these provisional
orders have been framed. Thus, under these provisional orders,
when a railway company undertakes the carriage of goods at
station-to-station rates, they are entitled to make :
(1.) A charge for conveyance or haulage from point to point, Conveyance.
limited by the maximum conveyance rate (clause 2) ;
(l2.) A charge for station terminals, limited by the maximum Station
station terminal for the particular class of goods (clause 3) ; terminal.
(3.) A charge for services when rendered by the company at the Service
terminal stations, limited in respect of each service by the terminal,
appropriate maximum service terminal (clause 4) ;
(4.) A charge for certain special services, if required by the Special
trader, " by way of addition to the tonnage rate," which in- service ^
elude collection and delivery when the traffic is consigned at
collection and delivery rates (clause 5) ;
(5.) In the case of merchandise in Class A., when the traffic is Trucks,
conveyed in the company's trucks, they may make a charge
for the provision of trucks, limited by the maximum truck
rate (clause 9).
2 (g). The maximum rate for conveyance is the Maximum
maximum raje which the company may charge
for the conveyance of merchandise by merchan-
dise train ; and, subject to the exceptions and
provisions specified in this schedule, includes the
provision of locomotive power and trucks by the
company, and every other expense incidental to
such conveyance not hereinafter provided for.
Provided that
(a) The provision of trucks is not included in
the maximum rates applicable to merchan-
(/) Soicerby v. G. JV. RIJ, Co., 1 B. & Mac. 156 ; affirming Hall v.
L. . $ S. C. Ry. Co., 5 B. & Mac. 28 ; 15 Q. B. D. 5H. For an elabo-
rate and careful statement of this view of the law, see the judgment of
Wills, J., in that case, 5 B. & Mac. 30 ; 15 Q. B. D. 536.
(g] Clause 2 of the provisional order of the North Eastern Railway
Company differs from this, and is similar to that of the Scotch companies.
See post, p. 336.
186 PROVISIONAL ORDERS GENERAL CONDITIONS.
disc specified in Class A. of the classifi-
cation, and the company shall not be
required to provide trucks for the con-
veyance of such merchandise, or for the
conveyance of lime in bulk or salt in
bulk, or of the following articles when
carried in such a manner as to injure the
trucks of the company ; that is to say,
ammoniacal liquor, creosote, coal tar, gas
tar, gas water, or gravel tarred for paving,
(b) Where, for the conveyance of merchan-
dise, other than merchandise specified in
Class A. of the classification, the company
do not provide trucks, the rate authorised
for conveyance shall be reduced by a sum
which for distances not exceeding 50 miles,
shall, in case of difference between the
company and the person liable to pay the
charge, be determined by an arbitrator to
be appointed by the Board of Trade, and
for distances exceeding 50 miles shall be
the charge authorised to be made by the
company for the provision of trucks when
not included in the maximum rate for con-
veyance.
For the maximum rate which the company may make for tho
provision of trucks for meivhandi-e, when not included in the
maximum rate for OODTejanoe, 986 rlaiis.- ! hereof. The maximum
rates for conveyance for difl'eivnt companies vary in each OM&
They will !" found under the In-idin^ of each particular company,
together with any special conditions applicable to the company.
To ascertain l>y what schedule a part iciilar railway is governed,
reference must be made 1 to the Index of Railways, p. ">-!'.
A synopsis of the different rates will l>e found p. -1.").'}.
For short distances, less than six miles, see clause 11.
S( ILKDULE OF MAXIMUM UATKS AM) ( IIMU-F.S, 1 |r. 187
Iii estimating the distance i'<>r the purpose ot' li.xin^ the maximum
conveyance rate, no part oi' the railway is to be included which is
subject to a charire for station terminal (clause 10).
For fractions of a mile, see clause 14.
3. The maximum station terminal is the niaxi- Maximum
mum charge which the company may make to a terminal.
trader for the use of the accommodation (exclusive
of coal drops) provided, and for the duties under-
taken by the company for which no other provision
is made in this schedule, at the terminal station
for or in dealing with merchandise, as carriers
thereof, before or after conveyance.
The maximum station terminals for each class of traffic will be
found after the maximum rate for that class (see note to clause 2,
aide],
"Where a charge is made for station terminal, no portion of the
railway which is subject to the charge for station terminal is to be
included in estimating the conveyance rate (clause 10).
For the definition of a " terminal station," see clause 20.
The use of coal drops is a special service for which the company
may make a reasonable charge (see clause 5).
4. The maximum service terminals are the Maximum
maximum charge^ which the company may make terminals.
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
188 PROVISIONAL ORDERS GENERAL CONDITIONS.
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.
The maximum service terminals for traffic in classes C. to 5 of
the classification will be found after the maximum rate for each
class of traffic : see note to clause 2, ante.
Service It will be observed that maximum service terminals are only
terminals for nxe d by these schedules in the case of traffic comprised in classes
A. aud B. ; . . . ..
C. to 5 inclusive. When loading or unloading, covering or un-
covering, merchandise is performed by the company for traffic in
classes A. or B., such sendee becomes the subject of a special
charge, for which a reasonable sum by way of addition to the
tonnage rate may be exacted : see clause 5.
There is an important distinction between charges for service
terminals made under this clause, and those made under clause 5
for special services. Except in the case of merchandise conveyed in
a separate truck, and loaded or unloaded elsewhere than in a shed or
building of the company, the trader has no option of performing the
service himself, nor is there any provision made to enable the trader
to dispense with any of these services which he may not require.
Under clause 5, however, it is open to the trader to give notice to
the company that ho does not require any of the special services
there mentioned, in which case no charge can be made by the
company for their performance.
It is curious that under this clause any dispute with regard to a
waggon loaded elsewhere than in a slu-d or building of the company
is to be determined by the Board of Trad**, whilst other disputes
referred to in the provisional orders arc to be determined by an
arbitrator to be appointed by the Board of Trade. Having regard,
however, to tli<> Hoard of Trade Arbitrations Act, 1874 (see clause
25), the Board of Trade will be able to appoint any person to hold
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 189
an inquiry on their behalf, and tlio result will not be very
dissimilar.
This clause makes no provision for the reduction of the
maximum where the terminal services are performed partly by
the company and partly by the trader; and it has been held
under the old law that a carrier, whoso men gave assistance to a
railway company in the loading, unloading, and weighing of goods,
voluntarily or for the carrier's own convenience, was not entitled
to recover any allowance from the railway company in respect of
such assistance (#). With regard to merchandise loaded or unloaded
in the company's sheds, this would probably still be the law. But
it is submitted that if the merchandise was loaded or unloaded
elsewhere, and the trader had applied to be allowed to perform the
service himself, the fact that he had been allowed partially to do so
might fairly be taken into consideration by any arbitrator to whom
a dispute under this section had been referred.
service?.
5. The company may charge for the services Special
here under mentioned, or any of them, when
rendered to a trader at his request or for his
convenience, a reasonable sum, by way of addi-
tion 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 :
(i.) Services rendered by the company at or in
connexion with sidings not belonging to
the company.
(ii.) The collection or delivery of merchandise
outside the terminal station.
(g) Edicards v. G. W. Ry. Co., 11 C. B. 588.
190 PROVISIONAL ORDERS GENERAL CONDITIONS.
(iii.) Weighing merchandise.
(iv.) 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 en-
abling 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 ad-
dress 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 connexion with such
use and occupation.
(v.) Loading or unloading, covering or uncover-
ing merchandise comprised in Class A. or
Class B. of the classification.
(vi.) The use of coal drops.
(vii.) The provision by the company of accom-
modation at a waterside wharf, and special
services rendered thereat by the company
in respect of loading or unloading mer-
chandise 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 sec-
tion 33 of the Railway and Canal Traffic
Act, 1888, be deemed to be dock charges.
SCHEDULE OF M\XIMTM K VI IS AM) U I A1K; KS. ETC. 101
8 note to clause 4, ante.
The law relating to private sidings has boon discussed ante, (i.) Sidings.
pp. L'l to L'S.
Under this clause a railway company would probably bo justified
in making a rharg' 1 in ivspoct of their engine proceeding for any
distance along the siding to collect trucks, and also for any mar-
shalling or shunting which they performed for the trader on his
private siding ; but if the trader had arranged his trucks properl y,
and as near to the entrance of the siding as was reasonably safe,
the company would probably be unable to charge for going on to
the line merely to attach the trader's trucks to their engine as a
special service (A), such service being a reasonable facility.
Sect. 7G of the Railways Clauses Act, 1845, provides that, in the
f sidings made under that section, " the company shall take
no rate, toll, or other moneys for the passing of passengers' goods
or things along any branch" made under that section.
A private siding would not come within the definition of a
terminal station (clause 26), but sidings made under agreement
with a railway company would be subject to the terms of that
agreement, and sidings provided by the company would be subject
to the charges authorized by clause 7, post (i}.
As to collection and delivery, see p. 50. (ii.) Collection
Hitherto a railway company have been allowed to make a charge an< ^ delivery,
to a trader for weighing his merchandise if they could prove an ("*) Weigh-
agreement with him that they should do so, either expressly or by
implication (k) ; but in the absence of some agreement they could
make no such charge (/). The fact of a railway company being
now specifically empowered to make such a charge would seem to
relieve the company of the onus of proving an agreement to pay
the charge ; but at the same time it is submitted that the company
could be called upon to show that the weighing was done for the
convenience or at the request of the trader, and not simply for the
purpose of checking for the benefit of the company.
Sub-sect. 4 seems to authorize two separate charges : (1) a charge (iv.) Deten-
for demurrage for detention of trucks; (2) a charge for wharfage tionof
or warehousing.
The charge for wharfage or warehousing only arises after
(h) Watkinson v. Wrexham, Mold $ Connah's Quay Ry. Co., 3 N. &
Mac. 5 ; Tharsis Sulphur $ Copper Co. v. Z. $ N. W. Ey. Co., 3 N. & Mac.
455.
(0 See ante, p. 27.
(k) L. $ X. Jf. It>/. Co. v. Price, 11 Q. B. D. 485.
(?) Lane. York. Jly. Co. v. Gidfou', 42 L. J. Ex. 129.
PROVISIONAL ORDERS GENERAL CONDITIONS.
(v.) Classes
A. and B.
(vi.) Coal
drops.
(vii.) Wharves
the expiration of the time reasonably necessary for the company
to deal with the merchandise or the consignee to take delivery
thereof.
It is not clear from the wording of the sub-section whether the
charge for demurrage is subject to the same limitation, or whether
any detention of trucks can be charged for.
It is believed that in practice charges for demurrage are not
made until the expiration of a reasonable time after the arrival of
the truck at its destination, and the fact of these two charges being
grouped together in the same sub-section would seem to point to
their being both subject to the limitation following them.
But even if this view be adopted, it is probable that the company
might be entitled to make a charge if they allowed their trucks to
be used on a trader's siding off their own line ; and in a case before
the old Railway Commissioners, where a railway company were in
the habit of supplying waggons to traders who loaded and un-
loaded them on their own premises, and hauled them to and from
the railway company's stations at their own expense, the company
were held entitled to a reasonable charge in respect of the waggons
having been used on places off their own line, and \ d. was thought
to be a reasonable remuneration (m).
Where trucks belonging to a trader are detained by the company
for an unreasonable length of time, he can now recover demurrage
against the company. (See clause 6.)
For loading, unloading, covering, and uncovering merchandise
comprised in classes C. to 5, see clause 4, ante.
The fact of charges for loading and unloading, &c., merchandise
in classes A. and B. being placed in this clause instead of clause -J,
will have the effect of enabling the trader always to perform the
service for himself if he desire to do so.
The Railway Commissioners have held 2>f. per ton to bo a
iv:t.n;iblo charge for the use of coal drops, a small rent also Iving
charged for the exclusive use of a particular coal drop (//) ; but
where the company charged the consignee for the use of coal drops,
and also tried to charge the consignor for the same, they were
restrained from doing so (o).
. 33 of the Traffic Act of 1888 provides for the division of
rates, and sub-sect. 3 requires a railway company, on application
bi'in.i: mad", to distinguish tln> < li a rges for conveyance for terminals
and for dock charges : see p. 02, nntt.
(m) Aberdeen Commercial Co. v. Gt. North. Sc. Ry. Co., 3 N. & Mac. 205.
(M) Dunkirk Colly. Co. v. M. S. $ L. J!y. ('., 2 X. ,<c Mac. 402.
(o) Iln.l.
SCHEDULE OF MAXIMUM KAU-s \ M) ( 1 1 \R(i l-s, KTC. \" :> >
6. Where merchandise is conveyed in trucks
not belong-in,!; 1 to the company, the trader sliall ho
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.
For the converse case of detention of trucks by the trader, see
clause 5, sub-s. (iv.), and note thereto.
A trader is entitled to have his empty trucks returned to him
free of charge (clause 23).
7. Nothing herein contained shall prevent the Siding rent.
company from making and receiving, in addition
to the charges specified in the schedule, charges
and payments, by way of rent or otherwise, for
sidings or other structural accommodation pro-
vided 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 convey-
ance, 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.
It is presumed that the word " conveyance " used in this section
is to be understood in the technical sense in which it is used in
clause 2 (see note to clause 1), and as distinguished from carriage.
D. O
PROVISIONAL ORDERS GENERAL CONDITIONS.
Tranship-
ment.
Use of trucks.
Variation in
Midland
schedule.
For distances not exceeding
20 miles -
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.
9 (/). The company may charge for the use of
the trucks provided by them for the conveyance of
merchandise, when the provision of trucks is not
included in the maximum rates for conveyance,
any sums not exceeding the following :
s. d.
4^ per ton
For distances exceeding 20
miles, but not exceeding
50 miles - -06,,,,
For distances exceeding 50
miles, but not exceeding
75 miles 09,,,,
For distances exceeding 75
miles, but not exceeding
150 miles- -10,,,,
For distances exceeding 150
miles -13,,,,
( ! ) TL' charge of I.VZ. for distances not exceeding 20 miles does
not occur in the Midland Company's srhfdulo, where the charges
lor waggon hire commence
" For distances not exceeding 50 miles - - 6d."
and continue as above.
(/) NOTE. This clause (No. 9), as to the charge for the use of trucks, does
not occur iii the North Eastern order, ^ hich is in this respect similar to
the Scotch railways.
SCHEDULE OF MAXIMUM RATES AND CHARGES, 1. 1 . 1 '.">
On the North Wales Narrow Gauge Railway the charge i'<>r
trucks is %d. per ton per mile (seopost, p. 238).
The provision of trucks is not included in the conveyance rate
for class A. (clause 2, ///).
When the company do not provide trucks for the conveyance of
goods other than those in class A., the conveyance rate is to be
reduced by an amount which, when the distance is under fifty inil< s
is to be determined by arbitration, and when over fifty miles, by the
amounts specified in this clause (see clause 2 (b) ).
II. PROVISIONS AS TO FIXING RATES AND CHARGES.
10. In calculating the distance along the rail- Distance not
way for the purpose of the maximum charge for terminal
conveyance of any merchandise, the company 8
shall not include any portion of their railway
which may, in respect of that merchandise, be the
subject of a charge for station terminal.
In calculating the mileage for the purpose of ascertaining the
conveyance rate, the usual plan will be to take the actual mileage
from the point just outside the terminal station, or the point of
junction with a private siding, as the case may be, where convey-
ance in the technical sense (explained in the note to clause 1)
commences, to the point at the terminus of the railway transit
where the conveyance ceases. To this, however, there are three
exceptions: (1) If the distance is so short as to come within the
short distance clause (clause 11) the mileage there allowed may
be charged for ; (2) where at the point of junction of two lines
there is no station at which traffic can be transferred from one line
to the other, and a railway company's usual custom is to carry the
traffic past the junction to a neighbouring station in order to effect
the transference, and then back along the line and through the
junction, the company will be justified in adding the double mileage
from the junction to such station to the actual distance from point
to point, in order to calculate the conveyance rate (ra) ; (3) in
respect of certain portions of the line on account of the cost of con-
struction or working that portion having been or being peculiarly
heavy, or for some similar reason. Certain companies are specially
authorised to charge as for a greater distance than that actually
(0 Myers v. L. S. W. Ey. Co., L. .R. 5 C. P. 1. And see p. 82.
02
196 PROVISIONAL ORDERS GENERAL CONDITIONS.
carried. The cases in which this exception is authorised will be
found in the table on p. 461.
The question as to what portion of the line of railway travelled
over is the subject of a charge for station terminal is likely to be
one of some difficulty. In clause 2 the maximum conveyance rate
is defined as the maximum rate which the company may charge
for the conveyance of merchandise "by merchandise train, including,
except as otherwise provided, the provision of locomotive power
and trucks ; and in clause 3 the maximum station terminal is called
the maximum charge which the company may make to a trader
for the accommodation (exclusive of coal drops) provided, and for
the duties undertaken by the company for which no other provision
is made in this schedule, at the terminal station, for or in dealing
with merchandise, as carriers thereof, before or after conveyance
(the technical sense in which the word conveyance, as distinguished
from carriage, must be understood, is explained in the note to
clause 1); and in clause 26 a "terminal station" is defined as a
station or place upon the railway at which merchandise is loaded
or unloaded before or after conveyance on the railway. But little
help, therefore, as to what is included in the words "terminal
station" is to be found in the schedule itself. From the foregoing
extracts, however, it may be gathered that a sharp distinction is
drawn between the service of conveyance in its technical sense, i. e. ,
haulage, and other services which the company render in dealing
with the merchandise, and that the services covered by the charge
for station terminal end as soon as conveyance (?'. e., haulage
simply) begins. To make this distinction clear, the following
extracts from the evidence of Mr. Findlay (r/), taken before the Board
of Trade, have been given, but, except so far as they embody the
views of one of our greatest railway managers, they are not to be
taken as authoritative.
Mr. Findlay, in his evidence before the Board of Trade at the
inquiry at Westminster Town Hall in 1889-90, explained his view
as to what was part of the terminal station, and what was not, as
follows (p. 136, question 176): "There is a place just outside all
the large terminal stations, and not the largest only, but others
which are not so large, where the formation of the trucks into train-
loads takes place, that is, what may be called the shunting and
marshalling of the trains; where the journey of the train com-
mences, and also where it terminates ; and the business in connec-
tion with the working of the station is carried on from that point
in^i'lf tin- limiN of the station." Q. 180. "The conveying com-
mences at the sidings and terminates at the sidings close to the
station? A. Quite so."
() Now Sir George Findlay, General Manager of the L. & N. W. Ry.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 197
And at pai^o 215, in answor to question Slo, "You must dis-
tinguish, it you please, marshalling from shunting. We includi-
something for shunting within the station, whether that shunting
is done by engines, by horses, or by hydraulic power. Marshalling
is a service, as we understand it, incidental to conveyance : that ia
to say, putting the waggons into train and station order ; therefore,
anything that is performed outside the station in the way of
marshalling in train and station order is not included in the cost of
terminal service."
Mr. Courtenay Boyle asked (question 823): " Did I gather from
you, Mr. Findlay, that, technically speaking, marshalling is diffe-
rent from shunting, and that marshalling is done outside the goods
station, and shunting inside the goods station ? "
Mr. Findlay replied, ' ' What I understand, speaking as a railway
manager, by the term ' marshalling,' means that when a train is
formed for a given destination the waggons are marshalled, put in
such order that they can be taken off at the stations ; where the
waggons have to be left at any given destination they are put
together and marshalled in station order. While shunting the
waggons inside the station would mean taking them from separate
sidings, either by means of an engine, or by horse, or by hydraulic
power, and placing them alongside to load, and taking them back
again into the reception sidings."
Question 824, by Mr. Balfour Browne : "Would this be a correct
description of the services : ' Shunting and placing the waggons into
position for loading at the station and haulage thence to the place
where they are picked up by the train, including the use of junctions
and expenses of working the same ? ' '
Answer (Mr. Findlay) : " That is not an unfair description."
11. Where merchandise is conveyed for an short distance
entire distance which does not exceed, in the c
case of merchandise in respect of which a station
terminal is chargeable at each end of the transit,
three miles, or in the case of merchandise in
respect of which a station terminal is chargeable
at one end of the transit four and a half miles, or
in the case of merchandise in respect of which no
station terminal is chargeable six miles, the com-
pany may, except as hereinafter specially pro-
vided, make the charges for conveyance authorised
LOS
PROVISIONAL ORDERS GENERAL CONDITIONS.
by tins schedule as for three miles, four and a
half miles, and six miles respectively. Provided
that where merchandise is conveyed by the com-
pany partly on the railway and partly on the
railway of any other company the railway and
the railway of such other company shall, for the
purpose of reckoning such short distance, be con-
sidered as one railway.
It will be seen hereafter that for portions of certain railways
this short distance clause, under which the company is entitled to
charge as for a minimum distance, is varied.
These exceptions are as follows:
Alexandra (Newport and South Wales) Docks } , ,
and Railway Co. (see p. 325) - - - ) :
Barry Railway (see p. 325)- - - - -
Aberdare Railway (see p. 325) -
Taff Vale Railway (see p. 325) - - - -
Rhymney Railway (see p. 325) -
Brecon and Merthyr Railway and Pontypridd,
Caerphilly, and Newport Railway (see p. 22,3)
Llanelly and Mynidd Manor Railway - -
Buckley Railway (seep. 228), 5 miles substituted for 6 in above
clause.
Ely Valley Railway, 4 miles substituted for 6 in above clause.
Great Northern J.'ni /</// (see p. 252)
Railways to which Scale 2 (for classes A. and B.) is applicable,
vix. :
Nottingham, Leicestershire, Derby shire Lines
Stafford & Uttoxeter Railway - 4 miles,
Yorkshire Lines - - - - - - instead of 6.
Louth & Bardney Railway -
Great Western Unit >/>/ (son p. 261)
Iways to which Scale 3 (for classes A. and B.) is applicable,
vix. :
Hereford to Mountain Ash - - - - -j
NM nt ymoel to Brynmenyn - - - -
Blackmill to Gelly Rhaidd - - - - I 4 miles,
Littl<- 0-1110 ,-,. I 1 ,, -jinch ----- | instead of 6.
Pontypool l!<>a<l ID Main }<< Junction - - |
I'.lackmill Junction to Llanhanan Junction J
mile.
for classes
A. and B.,
4 miles.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. l!'.)
loit <l- \urfh II 'i-xfi'i'it Ii'ilfii'di/ (sco p. 272)
AYhitehaven Junction Railway - - - ( lor classes
Cockermouth and Workington Railway - - '
( 4 miles.
Sirhmvy Railway (for class A. traffic conveyed for less than
lour miles on the Sirhowy Railway, irrespective of origin
and destination), the company may charge as for four
miles.
London & North Western & Furness joint
railway (see pp. 243, 2-1 1)
A. and B.,
4 miles.
[For traffic over the joint railways for a less distance than
3 miles to Whitehaven or the Lonsdale Works, see p. 243.]
Midland Railway (see p. 303)
Swansea Vale Railway (Swansea to Brynamman) - 3 miles.
Neath <fc Brecon Railway (see p. 305), 4 miles substituted for 6 in
the above clause.
12. For any quantity of merchandise less than when
a truck load which the company either receive or
deliver in one truck, on or at a siding 1 not belon^- .
truck load.
ing to the company, or which, from the circum-
stances in which the merchandise is tendered, or
the nature of the merchandise, the company are
obliged or required to carry in one truck, the
company may charge as for a reasonable mini-
mum load, having regard to the nature of the
merchandise.
" As for a reasonable minimum load." This would probably be
in the case of merchandise in classes A. and B. four tons, and
class C. two tons (n). It will also be found that certain articles are
() This suggestion is made for the following 1 reason. In the year 1852
traffic in the Mineral Class of the Clearing House Classification had to be
in " full loads." This, however, gave rise to difficulty in determining
what was a full load, and consequently in 1861 "full loads" were
changed to "four ton loads " (see the evidence before the Parliamentary
Committee on Railway Rates, 1891, of Mr. Findlay, Q. 3172, and Mr.
Lambert, Q. 3272) ; and a similar scheme seems to have been adopted in the
present classification (see post, 365, 366). The southern companies adopted
a five-ton minimum, but the four-ton minimum for rl.-ts-p* A. and B,
now applies to both northern and southern companies,
200
PROVISIONAL ORDERS GENERAL CONDITIONS.
Fractions of
a ton.
Fraction of
mile.
Fraction of
penny.
Weight.
Stone.
put into a particular class in the classification when consigned in
quantities of not less than so many hundredweight, which might
be adduced as evidence of what made a reasonable truck load.
"With regard to classes 1 to 5, however, the quantity which would
form a reasonable minimum load would vary with each article, and
the ordinary custom of railway traffic.
13. Where a consignment by merchandise train
is over three hundredweight and under 5 tons in
weight, a fraction of a quarter of a hundredweight
may be charged for as a quarter of a hundred-
weight ; and where a consignment by merchan-
dise train is over five tons in weight, a fraction
of a quarter of a ton may be charged for as a
quarter of a ton.
14. For a fraction of a mile the company may
charge according to the number of quarters of a
mile in that fraction, and a fraction of a quarter
of a mile may be charged for as a quarter of a mile.
15. For a fraction of a penny in the gross
amount of rates and charges for any consignment
for the entire distance carried, the company may
demand a penny.
As to siding to siding traffic on the North Staffordshire, see
post, p. 316.
16. Weight (except as to stone and timber
when charged by measurement) shall be deter-
mined according to the imperial avoirdupois
weight.
17. All stone shall be charged at actual weight,
when the weight can be conveniently ascertained.
When the actual weight of stone in blocks cannot
be conveniently ascertained, fourteen cubic feet of
btone in blocks may be charged for as one ton,
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 201
and smaller quantities may be charged for in tlio
like proportion.
18. Wlirn timber is consigned by measurement Timber,
weight, forty cubic feet of oak, mahogany, teak,
beech, greenheart, ash, elm, hickory, iron wood,
baywood, or other heavy timber, and fifty cubic
feet of poplar, larch, fir, or other light timber
other than deals, battens, and boards, and sixty-six
cubic feet of deals, battens, and boards, may be
charged for as one ton, and smaller quantities may
be charged for in the like proportion. The cubic
contents of timber consigned by measurement
weight shall be ascertained by the most accurate
mode of measurement in use for the time being.
Timber, when consigned by actual machine weight, is placed in
class C. of the classification, and when consigned by measurement
weight, in class 1.
19. Articles sent in large aggregate quantities, Separate
although made up of separate parcels, such as
bags of sugar, coffee, and the like, shall not be
deemed to be small parcels.
III. MISCELLANEOUS.
20. In respect of any merchandise or article of Articles not
. . i i r> i included in
any description which is not specified in the classification,
classification, the company may, unless and until
such merchandise or article is duly added to this
classification and schedule pursuant to sub-section
eleven of section twenty-four of the Railway and
Canal Traffic Act, 1888, make the charges which
are by this schedule authorised in respect of
merchandise and things in class 3.
Under sect, 24 of the Traffic Act of 1888, sub-sect. 11, "Any Addition to
railway company may, and any person upon giving not less than classification.
202
PROVISIONAL ORDERS GENERAL CONDITIONS.
Saving- for
dor-k and
accommoda-
tion.
Returned
empties.
twenty-one days' notice to the railway company, may apply in the pre-
scribed manner to the Board of Trade to amend any classification and
schedule by adding thereto any articles, matters, or things, and the
Board of Trade may hear and determine such application, and classify
and deal with the articles, matters, or things referred to therein,
in such manner as the Board of Trade may think right. Every
determination of the Board of Trade under this sub-section shall
forthwith be published in the ' London Gazette,' and shall take
effect as from the date of the publication thereof." It is to be
observed that this power conferred on the Board of Trade is only
to add to the classification and not to alter or subtract from it.
Any alteration except by way of addition can only be made by
Parliament.
21. Nothing herein contained shall affect the
right of the company to make any charges which
they are authorised by any Act of Parliament to
make in respect of any accommodation or services
provided or rendered by the company at or in
connection with docks or shipping places.
22. In respect of returned empties, if from the
same station and consignee to which and to whom
they were carried full to the same station and
consignor from which and from whom they were
carried full, the company may charge the following
rates inclusive of station and service terminals :
For any distance not exceeding
25 miles ...
3d. per cwt.
4d.
Sd.
minimum weight In b< .">() Ibs., with a
For any distance exceeding 25
miles but not exceeding 50
miles
For any distance exceeding 50
miles but not exceeding 100
milrs
For each additional 50 miles or
part of 50 miles
The
minimum charge of
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 203
Provided that
(1.) Returned empty sacks and bags shall not
be charged more than half the above rates,
with a minimum charge of 4J.
(2.) Returned empty carboys or crates (other
than glass manufacturers' crates and crates
taken to pieces and so packed) may be
charged double the above rates.
(3.) Returned empty fish packages shall not be
charged more than the following rates :
For any distance not ex-
ceeding 50 miles - 4e?. per cwt.
For any distance exceed-
ing 50 miles, but not
exceeding 100 miles 5J. ,,
For any distance exceed-
ing 100 miles, but not
exceeding 150 miles - 7d. ,,
For any distance exceed-
ing 150 miles, but not
exceeding 200 miles - Sd. ,,
For any distance exceed-
ing 200 miles, but not
exceeding 250 miles - 9d. ,,
For any distance exceed-
ing 250 miles, but not
exceeding 300 miles - IQd.
For any distance exceed-
ing 300 miles - - lid. ,,
The minimum weight to be 56 Ibs., with a
minimum charge of 4J.
Empty cases, casks, crates, hampers, and other empties not
included in the above appear in class 5 of the classification.
In the case of the Irish railways there is a fourth sub-section to
the proviso in this section, dealing with brewers' returned empties :
it will be found post, p. 331.
PROVISIONAL ORDERS GENERAL CONDITIONS.
Traders'
empty trucks.
Companies
exercising
running
powers.
23. AVI icre merchandise is conveyed in a
trader's truck, the company shall not make any
charge in respect of the return of the truck
empty, provided that the truck is returned empty
from the consignee and station or siding to whom
and to which it was consigned loaded, direct to
the consignor and station or siding from whom
and whence it was so consigned, and where a
trader forwards an empty truck to any station or
siding for the purpose of being loaded with mer-
chandise the company shall make no charge in
respect of the forwarding of such empty truck,
provided the truck is returned to them loaded for
conveyance direct to the consignor and station
or siding from whom and whence it was so
forwarded.
Under clause 6 a trader can recover a reasonable sum by way of
demurrage for any detention of his trucks beyond a reasonable
period.
24. Any railway company (other than the com-
pany) conveying merchandise on the railway, or
performing any of the services for which rates or
charges are authorised by this schedule, shall be
entitled to charge and make the same rates and
charges as the company are by this schedule
authorised to make.
Arbitrations. 25. The Board of Trade Arbitrations, &c., Act,
1874, shall, so far as applicable, apply to every
determination of a difference or question by arbi-
tration under the provisions herein contained.
The r.oaid (!' Tni'lf Arbitrations Act, 1874 (n}, is divided into
two parts; the first part <l-:ils with inquiries by the Board of Trade
Board of
Trade
inquiries.
() 37 & 38 Viet. c. 40.
scnr.nn.K OF MAXIMUM K \TKS AND rii\Kf;i;s, ETC. 205
and provides (sect. 2) that where the Board of Trade are required
to determine any matter or thing they may hold an inquiry, and
may make orders as to the costs of the inquiry and of arbitrations.
The second part of the Act gives power to the Board of Trade to Reference to
ivt'T to the decision of the Railway Commissioners any difference R'^way
J . Oommia-
to which a railway company is a party (except where application is 8 i ouer8 .
made for the appointment of an umpire under sect. 28 of the Lands
Clauses Act, 1845).
The provisions of this Act and of the Arbitration Act, 18S9, will
be found more fully discussed in the chapter on Arbitrations, ante,
p. 147.
26. In this schedule, unless the context otherwise Definitions,
requires :
The term "the company" means a railway
company to which this schedule applies ;
The term u the railway" means any railway or
steam tramway over which the company
conveys merchandise, and in respect of
which no maximum rates and charges other
than those authorised in this schedule are
for the time being authorised by Parlia-
ment ;
The term " merchandise" includes goods, cattle,
live stock, and animals of all descriptions ;
The term " the classification " means the classi-
fication of goods annexed to this schedule ;
The term " trader" includes any person send-
ing, or receiving, or desiring to send mer-
chandise by the railway ;
The term "terminal station" means a station
or place upon the railway at which a con-
signment of merchandise is loaded or un-
loaded before or after conveyance on the
railway, but does not include any station or
PROVISIONAL ORDERS GENERAL CONDITIONS.
junction at which the merchandise in respect
of which any terminal is charged has been
exchanged with, handed over to, or received
from any other railway company, or a junction
between thn railway and a siding let by or not
belonging to the company, or in respect of
merchandise passing to or from such siding,
any station with which such siding may be
connected, or any dock or shipping place the
charges for the use of which are regulated
by 'Act of Parliament ;
The term "siding" includes branch railways
not belonging to a railway company ;
The term "person" includes a company or
body corporate.
27. The foregoing provisions shall, so far as
applicable, apply to merchandise when conveyed
by passenger train under Part V. ; but, save as
aforesaid and so far as is provided by Part V.,
nothing herein contained shall apply to the con-
veyance of merchandise by passenger trains, or
to the charges which the company may make
therefor.
In the schedule of the East London Railway Company the fol-
lowing proviso is appended to this clause:
11 Provided that nothing herein contained shall compel the Metro-
politan I>i>trict Kaihvay Company to become common carriers of
iii.-rehan<li>'' other than such merchandise as is specified in Tart VI.
of the srln-dule hereto."
Part VI. relates to the carriage of small parcels by merchandise
train.
Application. 28. This schedule shall iipply to the [London
and Sin-Ik ]\\st>rii~] Railway Company, and the
Merchandise
in ]> is.senger
trains.
Met. Dist.
Co.
M 1IKWLE OF MAMMl M K VIES AND CHARGES, ETC.
other companies mentioned in the Appendix
hereto so far as relates to the railways therein
specified.
This clause (28) does not occur in the schedules of the following
railway companies, to whose schedules there is no appendix.
207
Abbot-bury Rail. Co.
AthiMiry and Ennis Junction
Rail. Co. (Irish Lines).
Brecon and Merthyr Bail. Co.
Cambrian Rail. Co.
Clou tor and Workington Rail.
Co.
East London Rail. Co.
Festiniog Rail. Co.
Furness Rail. Co.
Hull, Barnsley, &c. Rail. Co.
Isle of Wight Rail. Co.
London, Tilbury, and South-
end Rail. Co.
Midland and South Western
Rail. Co.
North Eastern Rail. Co.
North London Rail. Co.
Tuff Vale Rail. Co.
MAXIMUM RATES AND CHARGES.
PART I. GOODS AND MINERALS.
[The maximum rates for goods and minerals vary in the case of
nearly every company. They will be found in the following
pages 216 to 326, together with a list of the railways to which (in
addition to the railway from which it is named) each schedule is
applicable, and any special conditions applicable to particular rail-
ways. To ascertain by what schedule a particular rail way is governed
reference must be made to the Index of Railways, p. 529.]
208
'ART II. ANIMAL CLASS (o).
DESCRIPTION.
RATES FOR CONVEYANCE PKR MILE.
Station Terminal at
each End.
SERVICE
TKHMINAI.S.
Minimum Total
Charge per
Consignment.
For the first
2> Miles, or
any pm-t of
such Di-tanoe.
Fur 1tir mxt
80 Kites,!*
iiny part of
such Distance.
V ** ^ C
l||j
J; T3 0) O
sill
*1 B
Loading.
Unloading.
*
*t
*t
1. For every horse, mule, or
( j
d.
d.
d.
s (I
S. (I.
s. d.
s d
other beast of draught or
burden
3
3
1-65
1-65
6
4
4
2 6
2. For every ox, cow, bull,
or head of neat cattle
2
2
1-30
1-30
4
3
3
2 6
3. For every calf not exceed-
ing 12 months old, pig. sheep,
lamb, or other small animal . .
0-75
75
0-40
0-35
2
1-50
1-50
2 6
4. For every animal of the
several classes above enume-
rated conveyed in a separate
carriage, by direction of the
coii-ignor, or from necessity . .
6
6
6
6
1 6
1
1
5
5. For each truck containing
any consignment by the same
person of such number of oxen,
cows, neat cattle, calves, sheep,
iroats. or piys as may reason-
ably be carried in a truck of
13 feet 6 inches in length inside
6
5
4-90
4-20
I
6
6
5
r>. For each truck containing
any consignment by the same
person of such number of oxen,
cows, neat cattle, calves, sheep,
goats, or pigs as may reason-
ably be carried in a truck <1
15 feet 6 inches in length inside
measurement
7
6
5-20
4-50
1
9
9
5
7. For each truck containing
any consignment by the sam<
person of such number of oxen,
*
cows, neat cattle, calves, sheep
goat8,orpigs,asmayrea>onall\
be carried in a truck of is feet
in length inside measurement
8
7
6-20
6-50
1
1
1
5
'I'll*- terminal charges other than those payable under paragraph 4 on animals
sent by tin- >amo per-mi at a rat.- calculated per head, and carried in the same
truck, shall in no case e\c ..... I the terminal charges per truck.
When- th'- company is required to cleanso and does cleanse trucks under the
provision of any < >rder in Council, or duly authori-od regulation of any Depart-
ment of Stat'\ tln-y may make a charge not exceeding one shilling per truck in
addition to the ohargtt herein
* The columns headed thus* do not appear in the schedules of the following companies,
the conveyance rate in tin- tiist column appl\ ing t'..r nil distances on these lines: East
London :*!'>( ininir : I>h- of Wiyht : Ninth Lmulon.
t The ciilmnns In aded thus t do not occur in the schedule of theCleator & Workington
Railway Company.
(o) Applicable to all English railways, including the North Eastern.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC.
209
PART III. CARRIAGES (j>).
DESCRIPTION".
RATE FOR CONVEYANCE.
Station Terminal at each
End.
SERVICE TERMINALS.
For the first 20 Miles,
or any part of such
Distance.
For the next 30 Miles,
or any part of such
Distance.
For the next 50 Miles,
or any part of such
Distance.
For the remainder of
the Distance.
to
Covering.
Uncovering.
For every carriage of whatever
description not included in
the classification, and not
being a carriage adapted and
used for travelling on the
railway, and not weighing
more than one ton, carried
or conveyed on a truck or
platform ....
Per
Mile.
d.
6
2
An adc
of t
*
Per
Mile.
d.
6
2
itional
n shillii
t
Per
Mile.
d.
3-30
1-35
charge
igs.
*t
Per
Mile.
d.
3-20
1-25
S. d.
1
d.
6
d.
6
d.
d.
For every additional quarter
of a ton which such carriage
may weigh .
For the use of a covered
carriage truck for the con-
veyance of any such carriage.
* The columns headed thus* do not occur in the schedules of the following companies :
East London ; Festiniog ; Isle of Wight ; North London ; and the Scotch railway City
of Glasgow Union. The rate for conveyance in the first column applying for all
distances on those lines.
t The columns headed thus f do not occur in the Cleator & "Workington Railway
Company's schedule.
(p) Applicable to English, Irish, and Scotch Railways.
D.
PROVISIONAL ORDERS GENERAL CONDITIONS.
PART IV. EXCEPTIONAL CLASS (q).
Description.
Charge.
For articles of unusual length, bulk, or
weight, or of exceptional bulk in pro-
portion to -weight ,
For articles requiring an exceptional
truck, or more than one truck, or a
special train
For locomotive engines and tenders, and
railway vehicles running on their own
wheels
For any wild beast, or any large animal
not otherwise provided for
For dangerous goods
For specie, bullion, or precious stones . .
For any accommodation or services pro-
vided or rendered by the company
within the scope of their undertaking
by the desire of a trader, and in respect
of which no provisions are made by this
schedule .
Such reasonable sum
)> as the company
may think fit in each case.
The above provisions shall not apply to pieces of
timber weighing less than four tons each, but for
all such timber when requiring two or more wag-
gons for conveyance a minimum charge may be
made as for one ton for each waggon used, whether
carrying part of the load or used as a safety
waggon only.
An increased charge of 50 per cent, above the ordinary rate for
the carriage of a cask of spirits was held an unreasonable charge,
though the cask of spirits was found to bo dangerous goods (/).
(?) Applicable to English, Irish, and Scotch companies.
(r) Gar ton v. Bristol $ \ '. Co., 4 II, & N. 33.
SCHEDULE OF MAXIM I'M RATES AND CHARGES, ETC. 211
PART V. PERISHABLE MERCHANDISE BY
PASSENGER TRAIN (*).
The following provisions and regulations shall
be applicable to the conveyance of perishable
merchandise by passenger train :
1. The company shall afford reasonable faci-
lities for the expeditious conveyance of the articles
enumerated in the three divisions set out here-
under (which articles are hereinafter called " per-
ishables "), either by passenger train or by other
similar service.
2. Such facilities shall be subject to the reason-
able regulations of the company for the conve-
nient and punctual working of their passenger
train service, and shall not include any obligation
to convey perishables by any particular train.
3. The company shall not be under obligation
to convey by passenger train, or other similar
service, any merchandise other than perishables.
4. Any question as to the facilities afforded by
the company under these provisions and regula-
tions shall be determined by the Board of Trade.
5. Where a consignment of milk is less than
twelve gallons, the company shall be entitled to
charge as for twelve gallons, and where a con-
signment of perishable merchandise comprised in
Divisions II. or III. is less than one hundred-
(s) Applicable to English, Irish, and Scotch companies.
p2
212
PROVISIONAL ORDERS GENERAL CONDITIONS.
weight, the company shall be entitled to charge
as for one hundredweight, with a minimum charge
oils.
DIVISION I. Milk.
DIVISION II. Butter (fresh). Cheese (soft). Cream. Eggs.
Fish Char. Grayling. Lobsters. Mullet (Eed).
Oysters. Prawns. Salmon. Soles. Trout. Turbot.
Whitebait. Fruit Hothouse fruit. Game (dead).
Meat (fresh). Poultry (dead). Eabbits (dead). Vege-
tables (hothouse).
DIVISION III. Fish (except as provided in Division II.).
Fruit (except as provided in Division II.). Ice.
Maximum rates and charges for the three divisions
DIVISION I.
RATE FOB CONVEYANCE.
SERVICE TERMINALS.
For any
Distance
not ex-
ceeding
20 Miles.
For any
Distance
exceeding
20, but not
exceeding
60 Miles.
For any
Distance
exceeding
50, but not
exceeding
75 Miles.
For any
Distance
exceeding
75, but not
exceeding
100 Miles.
For any
Distance
exceeding
100 Miles,
but not
exceeding
150 Miles.
For any
Distance
rxeri'dmir
150 Miles.
Station
Terminal
at each
End.
Loading.
Unloading.
*
t
*t
t
*t
Per
Per
Per
Per
Per
Per
i
Imperial
Gallon.
Imperial
Gallon.
Imperial
Gallon.
Imperial
Gallon.
Imperial
Gallon.
Imperial
Gallon.
Per Can.
Per Can.
Per Can.
d.
d.
d.
d.
d.
d.
d.
<?.
d.
0-50
0-60
70
0-90
1-00
1-20
1-50
1-00
1-00
RETURNED EMPTY CANS.
Per Can.
Per Can.
Per Can.
Per Can.
Per Can.
Per Can.
d.
d.
d.
d.
<1.
d.
1-50
2-00
2-25
2-50
3-00
3-00
0-50
0-50
* The columns headed thus * do not appear in the schedules of the following com-
panies : East London; Festiniog ; Isle of Wight; North London; and the Scotch
railway City of Glasgow Union. The rate for conveyance in the first column apply ii
for all distances on those lines.
t The columns headed thus t do not occur in the Cleator & Workington Railwt
Company's schedule.
PERISHABLES.
213
Maximum rates and charges continued.
EATB FOR CONVEYANCE.
Station
Terminal at
each End.
SERVICE TERMINALS.
For the first
20 Moles,
or any
part of such
Distance.
For the next
30 Miles,
or any
part of such
Distance.
For the next
50 Miles,
or any
part of such
Distance.
For the
remainder
of the
Distance.
Loading.
Un-
loading.
Per Cwt.
per Mile.
*
Per Cwt.
per Mile.
*t
Per Cwt.
per Mile.
*t
Per Cwt.
per Mile.
Per Cwt.
Per
Cwt.
Per
Cwt.
DIVISION II.
d.
0-60
d.
0.45
0-24
d.
0-10
d.
0-75
d.
0-75
d.
0-75
DIVISION III.
d.
0-40
d.
0-30
d.
0-13
d.
0-12
d.
0-75
d.
0-50
d.
0-50
* The columns headed thus * do not appear in the schedules of the following com-
panies : East London ; Festiniog ; Isle of Wight ; North London ; and the Scotch
railway City of Glasgow Union. The rate for conveyance in the first column applying
for all distances on those lines.
t The columns headed thus f do not occur in the Cleator & Workington Railway
Company's schedule.
214
PROVISIONAL ORDERS GENERAL CONDITIONS.
PART VI. SMALL PARCELS BY MER-
CHANDISE TRAIN (^.
1. For small parcels by merchandise trains,
not exceeding in weight three hundredweight,
the company may charge, in addition to the
maximum rates for conveyance, and the maximum
station and service terminals, authorised by this
schedule, which rates and charges are in this part
together referred to by the expression u the
maximum tonnage charge," the following :
Authorised
additional
ch.'trge per
Parcel.
K. d.
s. d.
s. d.
5
When the maximum tonnage
charge does not exceed
20
G
20
\
30
7
30
40
8
40
50
9
10
When the maximum tonnage,
charge exceeds 'I
50
60
but does not
' exceed \
GO
70
1
70
80
1 2
80
90
1 4
90
100
1 G
100
'
2. Where, for a parcel exceeding in weight
three hundredweight, the maximum tonnage
charge comes to less than the company are
authorised, according to the above table, to
charge for a parcel of three hundredweight in
wriirht, the company may charge for such parcel
as if its wi'iirht was three hundredweight.
(/) Applicable to English, Irish, and Scotch companies.
SMALL PARCELS.
215
3. A small parcel under tin's part of the sche-
dule may consist of one consignment of two or
more packages of merchandise comprised in the
same class of the classification of not less than
fourteen pounds each in weight.
4. For a small parcel of less than twenty-eight
pounds in weight the company may charge as for
a parcel of twenty-eight pounds in weight.
5. For a fraction of fourteen pounds in weight
the company may charge as for fourteen pounds
weight.
6. Any small parcel (other than a parcel of
mixed groceries) containing articles belonging to
different classes of the classification shall be
chargeable with the maximum tonnage charge
applicable to the highest of such classes.
7. If the consignor of a small parcel declines
on demand by the company to declare to the
company the nature of the contents of the small
parcel before or at the time when the same is
delivered to the company for conveyance, the
company may charge for the parcel as if it was
wholly composed of articles comprised in Class 5
of the classification.
8. Nothing in this part of this schedule shall
apply to returned empties.
PROVISIONAL ORDERS SPECIAL PROVISIONS.
SPECIAL PROVISIONS.
THE foregoing provisions are (with the few exceptions noticed
above) common to the schedules of all the English railway com-
panies. The classification of traffic which is also common to all the
schedules is, for convenience, placed later in the volume. It remains
to consider those matters in which the schedules of the different
companies differ one from the other.
These are as follows :
(1) The railways and railway companies to which the particular
schedule applies.
(2) The special conditions (if any) applicable to the traffic on
particular railways or particular parts of railways.
(3) The maximum rates and charges for goods and minerals
forming Part I. of Maximum Rates, the consideration of
which was omitted above.
The following is a list of the railway companies having schedules
of their own:
ENGLISH COMPANIES.
Abbotsbury Eail. Co.
Brecon and Merthyr Tydfil
Junction.
Cambrian.
Cleator and Workington.
East London.
Festiniog.
Furness.
Great Eastern.
( Jrrat Northern.
Groat Western.
Hull, biirnslcy, and West Riding
Junction.
Isle of Wight.
Lancashire and Yorkshire.
London and North Western.
London and South Western.
London, Brighton, and South
Coast.
London, Chatham and Dover.
London, Tilbury and South-
end.
Manchester, Sheffield, and
Lincolnshire.
Metropolitan.
Midland.
Midland and South Western
Junction.
North Eastern.
North London.
North Staffordshire.
South Eastern.
Taff Vale.
ABBOTSBURY RAILWAY. 217
Tho other railways are included in one of the railway company's
srhnlulrs ;tl><>ve-mentioned, sometimes by being expressly men-
tioned in the Confirmation Act, sometimes by being included in an
appendix to the Order. Probably the result will be the same in
either case. The distinction, however, has been preserved. In
order to ascertain in what schedule a particular railway is included,
reference must be made to the Index of Eailways, p. 529.
[55 & 56 Viet. cap. xxxix.]
ABBOTSBURY RAILWAY.
[NOTE. The Provisional Order applicable to the Abbotsbury Short title.
Eailway Company may be cited as " The Eailway Eates and
Charges, No. 1 (Abbotsbury Eailway, &c.) Order, 1892;" and the
Act confirming it as " The Eailway Eates and Charges, No. 1
(Abbotsbury Eailway, &c.) Order Confirmation Act, 1892."
Commencement of Order 1st January, 1893, unless Board of Commence-
Trade otherwise direct.] ment '
Order of the Board of Trade under the Railway and
Canal Traffic Act, 1888, embodying the Classifi-
cation of Merchandise Traffic and the Schedule of
Maximum Rates and Charges, including all Ter-
minal Charges applicable to the said Classification
of
(1.) The Railways belonging to the following
Railway Companies whose lines are leased or
worked by the Great Western Railway Company,
viz., the Abbotsbury Railway Company; Abing-
don Railway Company ; Bala and Festiniog Rail-
way Company ; Banbury and Cheltenham Direct
Railway Company ; Bridport Railway Company ;
Buckfastleigh, Totnes, and South Devon Railway
Company; Calne Railway Company; Cornwall
Minerals Railway Company ; Corwen and Bala
218 PROVISIONAL ORDERS SPECIAL PROVISIONS.
Railway Company ; Devon and Somerset Railway
Company; Didcot, Newbury, and Southampton
Railway Company ; Ely Valley Railway Com-
pany ; Great Marlow Railway Company ; Helston
Railway Company ; Kington and Eardisley Rail-
way Company; Leominster and Kington Railway
Company ; Llaiigollen and Corwen Railway Com-
pany; Marlborough Railway Company; Milford
Railway Company; Minehead Railway Company;
Much Wenlock and Severn Junction Railway Com-
pany; Nantwich and Market Dray ton Railway
Company ; Newent Railway Company ; Oldbury
Railway Company ; Princetown Railway Com-
pany ; Ross and Ledbury Railway Company ; Ross
and Monmouth Railway Company; Staines and
West Drayton Railway Company ; Teign Valley
Railway Company; Tiverton and North Devon
Railway Company; Vale of Llangolleii Railway
Company ; Wellington and Severn Junction Rail-
way Company ; Wenlock Railway Company ; West
Somerset Railway Company ; Woodstock Railway
Company ; Wye Valley Railway Company.
(2.) The Railways belonging to the following
Railway Companies whose lines are leased or
worked by the London and North-Western and
Great Western Railway Companies, viz., the
Ludlow and Glee Hill Railway Company; Vale
of Towy Railway Company.
(3.) The following Railways which are owned,
leased, or worked by the London and North-
Western and Great Western Railway Companies,
viz., the Shrewsbury and Hereford Railway;
ABBOTSBURY RAILWAY.
219
Shrewsbury and Wellington Railway ; Shrewsbury and
Welshpool Railway; Tenbury Railway.
(4.) The following Railway which is owned, leased,
or worked by the Midland Railway Company and the
Great Western Railway Company, viz., the Clifton Ex-
tension Railway.
MAXIMUM EATES AND CHARGES.
With regard to merchandise conveyed on the Ludlow
and Glee Hill Railway, in addition to the maximum rates
and terminals herein authorised, the company shall have
power to charge for the use of each of the two inclined
planes, being respectively of gradients steeper than 1 in 28
on the railway, a sum not exceeding one penny per ton.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
SCALE I. Applicable to the Newcnt Raihvay Company ; Ross and Ledlury Rail-
way Company \ Shrewsbury and Hereford Railway ; Shrewsbury and
Wellington Railway ; Shrewsbury and Welshpool Railway ; and Ten-
bury Railway.
MAXIMUM RATES FOE CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
"
Service Terminals.
.3^
For the first
For the next
|1
&
fcb
20 Miles
30 Miles For the
H-g
ti
q
fcb
or any part of
such
or any part of remainder of
such the Distance.
gg
1
I
1
Distance.
Distance.
1
2
1
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
s. d.
.-?. d.
s. d.
d.
d.
A.
1-15
0-90
0-45
3
A.
B.
1-25
1-00
0-80
6
B.
220
PROVISIONAL ORDERS SPECIAL PROVISIONS.
SCALE II. Applicable to the Ely Valley Eailway Company.
^ 2
MAXIMUM RATES
FOR CONVEYANCE.
MAXIMUM TERMINALS.
o S"S
Hill
P.PO
For Consignments,
except as other-
wise piovided in
the Schedule.
Station
Terminal at
each End.
Service Terminals.
Loading.
Unloading.
Covering.
Uncovering.
Per Ton per
Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
s. d.
d.
ft.
A.
0-875
3
A.
B.
1-25
6
B.
Provided that in respect of the railway to which Scale II.
is applicable, the power of the Company to charge for a
distance less than six miles shall have effect as if four miles
were substituted for six.
SCALE III. Applicable to the Cornwall Minerals Railway Company and the
Princetown Railway Company.
MAXIMUM RATES FOB
CONVEYANCE.
For Consignments, except as
otherwise provided in
the Schedule.
MAXIMUM TERMINALS.
Service Terminals.
For the
remainder of
the Distance.
AH HOTS BURY RAILWAY.
221
SCALE IV. Applicable to all the Uniln'.iys and Railway Companies not mention' <l
in Scales /., II. , and III.
Ik
MAXIMUM BATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
SIS
For Consignments, except as otherwise
provided in tlie Schedule.
|
Service Terminals.
I'd
w
For the
For the
For the
H,4
first
next
next
For the
_. w
to
.
q
JOMllrsor
30 Miles or
50 Miles or
remainder
j3
S
any part
of such
any part
of such
any part
of such
of the
Distance.
I*
02
^3
1
f
f
I
c
H
Distance.
Distance.
Distance.
3
p
3
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
;.
d.
d.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-50
0-90
0-40
0-35
3
A.
B.
1-60
1-20
0-80
0-50
6
B.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C., 1, 2, 3, 4, and 5.
SCALE I. Applicable to the Cornwall Minerals Railway Company and the
Princetown Railway Company.
II
MAXIMUM RATES FOR
CONVEYANCE.
MAXIMUM TERMINALS.
III
111
For Consignments, except
as otherwise provided
in the Schedule.
Station
Service Terminals.
o "^ 'o
Terminal
< $ (3
For the first
at each
20 Miles
For the
End.
Un-
Un-
or any part
of such
remainder
of the
Loading.
loading.
Covering.
covering.
Distance.
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
d.
s. d.
*. d.
s. d.
d.
d.
C.
2-25
1-75
1
3
3
1
\
C.
1.
2-50
2-00
1 6
5
5
1-50
1-50
1.
2.
2-75
2-35
1 G
8
8
2
2
2.
3.
3-10
2-80
1 6
1
1
2
2
3.
4.
3-75
3-35
1 6
1 4
1 4
3
3
4.
5.
4-30
3-90
1 6
1 8
1 8
4
4
5.
222
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Abbotsbury Railway continued.
SCALE II. Applicable to all the Railways and Railway Companies not mentioned
in Scale I.
If
MAXIMUM RATES FOE CONVEYANCE.
MAXIMUM TERMINALS.
||
For Consignments, except as otherwise provided
in the Schedule.
2
Service Terminals.
ii
li
3l
Jr
For the first
20 Miles
or any part
of such
Distance.
For the next
3D Miles
or any part
of such
Distance.
For the next
50 Miles
or any part
of such
Distance.
For the
remainder
of the
Distance.
Station Ten
each e
Load-
ing.
Un-
load-
ing.
Cover-
ing.
Un-
cover-
ing.
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
*. d.
*. d.
d.
d.
c.
1-80
1-50
1-20
0-70
3
3
I
1
C.
1.
2-20
1-85
1-40
1-00
6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
6
1 8
1 8
4
4
5.
BRECON AND MERTHYR TYDFIL JUNCTION RAILWAY. 223
[55 & 56 Viet. cap. xl.]
BRECON AND MERTHYR TYDFIL
JUNCTION RAILWAY.
[NOTE. The Provisional Order applicable to the Brecon and Short title.
Morthyr Tydfil Junction Railway Company, and the other railways
next mentioned, may be cited as " The Railway Rates and Charges,
No. 2 (Brecon and Merthyr Tydfil Junction Railway, &c.) Order,
1892," and the Act confirming it as " The Railway Rates and Charges,
No. 2 (Brecon and Merthyr Tydfil Junction Railway, &c.) Order
Confirmation Act, 1892."
Commencement of Order, 1st January, 1893, unless Board of Commence-
Trade otherwise direct.] ment
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Brecon and Merthyr Tydfil Railway Company.
Garstang and Knott End Railway Company.
Lanelly and Mynydd Mawr Railway Company.
Pontypridd, Caerphilly and Newport Railway
Company.
Ravenglass and Eskdale Railway Company.
West Lancashire Railway Company.
Wrexham, Mold and Connali's Quay Railway
Company.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part to a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each portion of the entire distance shall be
calculated at the maximum rate which, according
to the scale applicable to such portion, would be
chargeable for the entire distance.
224 PROVISIONAL ORDERS SPECIAL PROVISIONS.
Nothing contained in this Order shall alter,
vary, or affect the tolls, rates, or charges which
the Pontypridd, Caerphilly and Newport Railway
Company are, at the commencement of this Order,
authorised to demand and take in respect of mer-
chandise traffic on any line of railway on Lord
Tredegar's Park Mile in occupation of the company.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the following parts of the
Brecon and Merthyr Tydfil Junction are to be
calculated at the distances stated below, and any
part of such distances is to be calculated pro-
portionately.
Miles. Chains.
Between Pennarth and Torpantau . .17 60
,, Torpantau and Dolygaer . . 2 70
,, Pantywaen and Deri Junction 7 40
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
SCALE I. Ain>liciilil<- / tin' ///""///// )><>rti<>n* of the Brecon and
Mcri/it/r 7 '//<//// 'function J}<u'/ti;<ti/, //;:., /t/i////in< // in Bassaleg,
i/n'liul<//!/ Iranch tn junction irit/t tlic Jl liymimj Jlnilirtty at or
near Barffoedand i/ic (\'r/>/tif/// and M<tcln n Brancli.
Maximum Rate for Conveyance.
Maximum Station Terminal at each End.
Per Ton i-< r Mile. Per Ton.
CLASS A.
d. I d.
875 | 3
CLASS B.
The Maximum Charges set out in Scale IV.
BRECON AND MERTHYR TYDFIL JUNCTION RAILWAY. 225
SCALE II. Applicable to the portions of the Brecon and Mertltyr
Tydfil Junction Railway other than those to which Scale I.
applies, and to thePontypridd, Caerphilly, and Newport Railway.
Maximum Rate for Conveyance.
Maximum Station Terminal at each End.
Per Ton per Mile. Per Ton.
CLASS A.
d.
Coal -875
All other Articles in Class A. the
Maximum Rates and Charges set
out in Scale IV.
CLASS B.
The Maximum Rates and Charges set out in Scale IV.
Provided that in respect of the railways to
which Scales I. and II. are applicable, and in
respect of the Llanelly and Mynydd Mawr Eail-
way, sect. 11 of this Order shall not apply to
merchandise comprised in Classes A. and B., but
instead thereof, the companies shall, with respect
to merchandise comprised in Classes A. and B.,
conveyed for a less distance than four miles,
have power to charge as for four miles and
no more, irrespective of the place of origin or
destination of the traffic.
SCALE III. Applicable to the West Lancashire Railway.
Maximum Rate for Conveyance.
Maximum Station Terminal at each End.
Per Ton per Mile. Per Ton.
CLASS A.
d. I d.
1-50 | 3
CLASS B.
1-60 | 6
D.
226
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Brecon and Merthyr Tydfil Railway continued.
(b) Eates and Terminals in respect of Merchandise
comprised in Classes A. ? B., C., 1, 2, 3, 4, 5.
SCALE IY. Applicable save as hereinbefore specially mention' (L
i!
MAXIMOI RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
.81
11
For Consignments except as otherwise provided
in the Schedule.
Service Terminals.
1!
Station
Termi-
H|
For the
For the
For the
nal at
il*
K'lJ
first
20 Miles,
or any part
of such
next
30 Miles,
or any part
of such
next
50 Miles,
or any part
of such
For the
remainder
of the
Distance.
each
End.
Load-
ing.
Un-
load-
ing.
Cover-
ing.
Un-
cover-
ing.
*"
Dhtance.
Distance.
Distance.
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s. d.
d.
d.
A.
I'M
0-90
0-45
0-40
3
A.
B.
1-25
1-00
0-80
0-50
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
o.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2 65
2-30
1-80
1-50
1 6
8
8
2
2
*
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3
4.
3 60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 G
1 8
1 8
4
4
CAMBRIAN RAILWAY COMPANY. 227
[55 & 56 Viet, cap. xli.]
CAMBRIAN RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Cambrian Eail- Short title,
way Company and the Companies next mentioned may be cited as
" The Eailway Eates and Charges, No. 3 (Cambrian Railway, &c.)
Order, 1892," and the Act confirming the same as "The Eailway
Eates and Charges, No. 3 (Cambrian Eailway, &c.) Order Confir-
mation Act, 1892."
Commencement of Order 1st January, 1893, unless Board of Commence-
Trade otherwise direct.] ment -
MAXIMUM EATES AND CHAEGES
APPLICABLE TO THE
Cambrian Railway Company,
Bishop's Castle Railway Company,
Buckley Railway Company,
Exmouth Docks and Railway Company,
Mawddwy Railway Company,
Mid- Wales Railway Company,
South Wales Mineral Railway Company,
Van Railway Company,
and
West Somerset Mineral Railway Company.
In calculating the distance over which any mer- Allowances.
chandise is conveyed, and for all purposes of rates
and charges, the Barmouth viaduct on the Cam-
brian Railway is to be calculated as three miles,
and the distance between Carno and Llanbrynmair
on the same railway at eleven miles.
Q2
223
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Cambrian Railway continued.
PART I. GOODS AND MINERALS.
il
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
I]
For Consignments, except as otherwise provided
in the Schedule.
Q4-a4-i/iY-
Sendee Terminals.
JH 3
ot&tion
Termi-
J3
For the
For the
For the
nal at
w ^
first
20 Miles,
or any part
of such
next
30 Miles,
or any part
of such
next
50 miles,
or any part
of such
For the
remainder
of the
Distance.
each
End.
Load-
ing.
Un-
load-
ing.
Cover-
ing.
Un-
cover-
ing.
^0
Distance.
Distance.
Distance.
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
*. d.
*. d.
s. d.
d.
d.
A.
1-50
0-95
0-75
0-60
3
A.
B.
1-60
1-10
0-85
0-70
G
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-25
1-90
1-65
1-35
1 6
5
5
1-50
1-50
1.
2.
2-75
2-35
2-05
1-65
1 G
8
8
2
2
2.
3.
3-10
2-80
2-50
2-10
1 G
1
1
2
2
4.
3-75
3-35
3-15
2-50
1 G
1 4
1 4
3
3
5.
4-30
3-90
3-80
3-00
1 G
1 8
1 8
4
4
-
Provided that in respect of the Buckley Railway, sect. 1
of this Order shall have effect so far as regards merchandi
comprised in Classes A. and B. of the classification as ii
five miles were substituted for six.
CLEATOR AND AVORKINGTON JUNCTION RAILWAY. 229
[55 & 56 Viet. cap. xlii.]
CLEATOR AND WORKINGTON JUNCTION
RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Cleator and Short title.
"Workington Junction Railway Company and the other Companies
next mentioned may be cited as " The Railway Eates and Charges,
No. 4 (Cleator and Workington Junction Railway, &c.) Order,
1892," and the Act confirming it as "The Railway Rates and
Charges, No. 4 (Cleator and Workington Junction Railway, &c.)
Order Confirmation Act."
Commencement of Order 1st January, 1893, unless Board of Commence-
Trade otherwise direct.] ment -
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Cleator and Workington Junction Railway
Company,
Cockermouth, Keswick and Penritli Railway
Company,
Corris Railway Company,
Maryport and Carlisle Railway Company,
Pembroke and Tenby Railway Company,
Rowrah and Kelton Fell Railway Company,
Severn and Wye and Severn Bridge Railway
Company,
and
Southwold Railway Company.
230
PROVISIONAL ORDERS SPECIAL PROVISIONS.
PAET I. GOODS AND MINERALS.
SCALE I. Applicable to the Cleator and Wurkinyton Junction Railway Company,
the Mart/port and Carlisle Railway Company, the Pembroke and Tenby
Railway Company, and the Rowrah and Kelton Fell Railway Company.
II
MAXIMUM RATES FOE
CONVEYANCE.
MAXIMUM TERMINALS.
III
For Consignments, except
as otherwise provided
Service Terminals.
S C O
in the Schedule.
<PH
Station
c ^ ^
Terminal
"o-l
For the fir^t
at each
^~
% % '
20 Miles
For the
End.
Un-
Un-
o a
or any part
remainder
Loading.
loading.
Covering.
covering.
^ s a
of such
of the
M
Distance.
Distance.
Per Ton
Per Ton
per Mile.
Per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
d.
s. d.
*. d.
s. d.
d.
d.
A.
1-25
1-00
3
A.
B.
1-40
1-05
6
B.
C.
1-80
1-50
1
3
3
1
1
C.
1.
2-20
1-85
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1 G
8
8
2
2
2.
3.
3-10
2-65
1 G
1
1
2
2
3.
4.
3-60
3-15
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
1 6
1 8
1 8
4
4
5.
SCALE II. Applicable to the Cocker mouth, Keswick, and Penrith Rail way Company.
II
MAXIMUM RATES FOR
CONVEYANCE.
MAXIMUM TERMINALS.
C fl
.0
For Consignments, except
as otherwise provided
in the Schedule.
Station
Service Terminals.
o ^ 13
Terminal
g X fl
For the first
at each
&,&'
I iles
For the
End.
Un-
Un-
fcfl
or any part
of such
remainder
of the
Loading.
loading.
Covering.
covering.
a 01
Distance.
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
d.
s. d.
*. d.
*. d.
d.
d.
A.
1-50
1-00
3
A.
B.
1-60
1-10
6
_
B.
C.
1-80
1-50
3
3
1
1
C.
1.
2-25
1-1)0
G
5
5
1-50
1-50
1.
2.
2-75
2-35
6
8
8
2
2
2.
3.
3-10
2-80
G
1
1
2
2
3.
4.
3-75
3-3;5
G
1 4
1 4
3
3
4.
5.
4-30
3-90
G
1 8
1 8
4
4
6.
CLEATOR AND WORKINGTON JUNCTION RAILWAY.
231
SCALE III. Applicable to the Corris Railway Company.
11 f.
MAXIMUM RATES FOR
CONVEYANCE.
MAXIMUM TERMINALS.
fill
a v '**
For Consignments except as
otherwise provided in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
Loading.
Unload-
ing.
Cover-
ing.
Uncover-
ing.
Per Ton per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
*. d.
d.
d.
A.
3-50
3
-
A.
B.
3-75
6
B.
C.
4-00
3
3
1
1
C.
1.
4-15
6
5
5
1-50
1-50
1.
2.
4-30
6
8
8
2
2
2.
3.
4-45
6
1
1
2
2
3.
4.
4-60
6
1 4
1 4
3
3
4.
5.
5-00
6
1 8
1 8
4
4
5.
SCALE IV. Applicable to the Severn and Wye and Severn Bridge Railway
Company.
In calculating the distance over which any Merchandise is conveyed, and for
all purposes of rates and charges, the Severn Bridge is to be calculated as
3 miles, 1,196 yards.
(a) Rates and Terminals in respect of Merchandise comprised in Classes A. and B.
ii
if
B
A.
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments except as otherwise provided
in the Schedule.
Station
Termi-
nal at
each
End.
Service Terminals.
A.
For the
first
8 miles,
or any part
of such
Distance.
For the
next
10 Miles,
or any part
of such
Distance.
For the
next
15 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
Load-
ing.
Un-
load-
ing.
Cover-
ing.
Un-
cover-
ing.
Per Ton
per Mile.
d.
1-75
Per Ton
per Mile.
d.
1-00
Per Ton
per Mile.
d.
0-90
Per Ton
per Mile.
d.
0-75
Per
Ton.
s. d.
3
Per
Ton.
8. d.
Per
Ton.
s. d.
Per
Ton.
8. d.
Per
Ton.
d.
B.
1-90
1-00
0-90
0-75
6
B.
232
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Cleator and Working-ton Junction Railway continued.
SCALE IV. continued.
(b) Rates and Terminals in respect of Merchandise comprised in Classes C.,
1, 2, 3, 4, and 5.
In respect of Merchandise
comprised in the under-
mentioned Classes.
MAXIMUM RATES FOB
CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except
as otherwise provided
in the Schedule.
Station
Terminal
at each
End.
Service Terminals.
-
For the first
20 Miles
or any part
of such
Distance.
For the
remainder
of the
Distance.
Loading.
Un-
loading.
Covering.
Un-
loading.
C.
1.
2.
3.
4.
5.
Per Ton
per Mile.
d.
1-95
2-20
2-65
3-10
3-60
4-30
Per Ton
per mile.
d.
1-50
1-85
2-30
2-65
3-15
3-70
Per Ton.
d.
6
6
6
6
6
Per Ton.
s. d.
3
5
8
1
1 4
1 8
Per Ton.
s. d.
3
5
8
1
1 4
1 8
Per Ton.
*,
1
1-50
2
2
3
4
Per Ton.
d.
I
1-50
2
2
3
4
C.
1.
2.
3.
4.
5.
SCALE V. Applicable to the Southwold Railway Company.
it a
MAXIMUM
:|ji
RATES FOB
CONVEYANCE.
MAXIMUM TERMINALS.
||ii
For Consign-
ments, except
aaotherwiM
provided in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
-
Loading.
Un-
loading.
. Covering.
Un-
Covering.
Per Ton
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
8. d.
*,
d.
A.
1-60
3
A.
B.
2-00
6
B.
C.
2-50
3
3
1
1
C.
1.
3-00
6
5
5
1-50
1-60
1.
2.
3-25
6
8
8
2
2
2.
3.
3-50
6
1
1
2
2
3.
4.
4-00
6
1 4
1 4
3
3
4.
ft.
5-00
1 6
18 18
4
4
6.
EAST LONDON RAILWAY. 233
[oo & oG Viet. cap. xliii.]
EAST LONDON RAILWAY.
[NOTE. Tho Provisional Order applicable to the East London Short title.
Railway Company, and the companies next mentioned, may be cited
as " The Railway Eates and Charges, No. 5 (East London Railway,
Scc.) Order, 1892," and the Act confirming it as " The Railway Rates
and Charges, No. 5 (East London Railway, &c.) Order Confirmation
Act, 1892."
Commencement of the Order, 1st January, 1893, unless the Board Commence-
of Trade otherwise direct.] ment -
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
East London Railway Company,
Hounslow and Metropolitan Railway Company,
Metropolitan District Railway Company,
North and South Western Junction Railway
Company,
West London Railway Company,
West London Extension Railway Company,
And the following railway company appearing in the Appendix to the
Schedule of the foregoing companies, viz. :
The Metropolitan Railway Company, and the
Metropolitan District Railway Company, or
either of these companies, as the case may
be, in respect of the City Lines and Exten-
sions Railways.
In calculating the distance over which any East London
merchandise comprised in Classes A. and B. is
conveyed, the East London Railway is to be
234 PROVISIONAL ORDERS SPECIAL PROVISIONS.
calculated as seven miles ; and in calculating the
distance over which any other merchandise is
conveyed, and for purposes of rates and charges
relating thereto, the East London Eailway is to
be calculated as eight miles.
With respect to the following portions of the
Metropolitan District Eailway :
City Lines and Extensions :
(a) From junction with the Metropolitan
Eailway at Aldgate to junction with the
Metropolitan District Eailway at Mansion
House Station :
(b) From Minorics Junction with the above
to the Whitechapel Junction with the
East London Eailway, and from junc-
tion near St. Mary's Station to Metro-
politan District Eailway Company's
Whitechapel Mile End Station :
Inner Circle main line from junction with the
City lines and extensions at the Mansion
House Station to end of railway at High
Street Kensington Station including junction
with the Metropolitan Eailway at the latter
station :
Hammersmith Junction from Hammersmith
Station to junction witli the London and
South-Western Eailway at Studland Eoad
near Rayenscourt Park Station:
The Metropolitan District Eailway Company shall
with respect to all merchandise conveyed thereon
EAST LONDON RAILWAY. 235
for any distance greater than two miles have power
to charge for every mile or fraction of a mile as
for three miles, and with respect to merchandise
conveyed for any distance not exceeding two miles
the company shall have power to charge as for six
miles, irrespective in either case of the place of
origin or destination of the traffic.
With regard to the following portions of the
Metropolitan District Railway :
Junction lines between
" A" Box Junction near High Street Kensing-
ton to junction with West London Extension
Railway near Addison Road Station :
" B" Box Junction near Gloucester Road Station
to junction with Fulham Extension Railway
at West Brompton Station :
Hammersmith Extension Railway from junction
near Earl's Court Station to Hammersmith
Station :
Fulham Extension from West Brompton Station
to junction with the London and South-
Western Railway near Putney Bridge
Station.
The Metropolitan District Railway Company
shall with respect to all merchandise conveyed
thereon for any distance greater than three miles
have power to charge for every mile or fraction
of a mile as for two miles, and with respect to
merchandise conveyed for any distance not ex-
236
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Sect. 11 not
to apply.
ceeding three miles the Metropolitan District
Kailway Company shall have power to charge as
for six miles, irrespective in either case of the
place of origin or destination of the traffic.
Provided always, that sect. 1 1 of this Schedule
shall not apply to the above-mentioned railways
of the Metropolitan District Eailway Company.
PART I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., C., and 1.
SCALE I. Applicable except as otherwise herein provided.
A-S&
MAXIMUM RATES
WH .2 **
FOB
MAXIMUM TERMINALS.
O. 1 09
CONVEYANCE.
*- 2 S i
5 i.sl
For Consignments,
except as
otherwise provided
in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
Loading.
Unloading.
Covering.
Uncovering.
Per Ton per
Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
*. d.
s. d.
s. d.
d.
d.
A.
1-90
3
A.
B.
2-00
6
B.
C.
2-20
1
3
3
1
1
C.
1
2-50
1 G
5
5
1-50
1-50
1
EAST LONDON RAILWAY.
237
SCALE II. Applicable to the Ilounslow and Metropolitan Railway Company,
61*
MAXIMUM RATES
S-ES .
FOB
CONVEYANCE.
MAXIMUM TERMINALS.
*ll
88 3 o
till
="=-
For Consignments,
except as
otherwise provided
in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
Loading.
Unloading.
Covering.
Uncovering.
Per Ton per
Mile.
Per Ton,
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-50
3
A
B.
1-60
6
B
C.
1-80
1
3
3
1
I
C
1
2-25
1 6
5
5
1-50
1-50
1
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 2, 3, 4, and 5.
,- 1
MAXIMUM RATKS
FOB
CONVEYANCE.
MAXIMUM TERMINALS.
ll %t
lflj
1 1
For Consignments,
except as
otherwise provided
in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
Loi(linr*
Unloading.
Covering.
Uncovering.
Per Ton per
Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
*. d.
*. d.
. d.
d.
d.
2
2-75
1 6
8
8
2
2
2
3
3-10
1 6
1
1
2
2
3
4
3-75
1 4
1 4
3
3
4
5
4-30
1618
1 8
4
4
5
1
238
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[55 & 56 Viet. cap. xliv.]
FESTINIOG RAILWAY COMPANY.
[NOTE. The Provisonal Order applicable to the Festiniog Rail-
way Company and the other Companies next mentioned may be cited
as "The Railway Rates and Charges, No. 6 (Festiniog Railway, &c.)
Order, 1892," and the Act confirming it as " The Railway Rates and
Charges, No. 6 (Festiniog Railway, &c.) Order Confirmation Act,
1892."
Commencement of this Order, 1st January, 1893, unless Board
of Trade otherwise direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Festiniog Railway Company,
Gorsedda Junction and Portmadoc Railway
Company,
North Wales Narrow Gauge Railway Company,
and the
Portmadoc, Croesor and Beddgelert Tram-
Railway Company.
Special Provisions as to tlic North Wales Narrow
Gauge Raihvay.
North Wales Notwithstanding anything in this Order the
Gauge following provisions with respect to merchandise
passing over the North Wales Narrow Gauge
Railway, or any portion of sucli railway, shall
apply and have effect:
Trucks.
(a) In respect of trucks provided by the com-
FEST1NIOG RAILWAY. 239
pany for the conveyance of merchandise
specified in Class A., to and from slate
quarries, the company shall be entitled to
demand and receive a charge of one half-
penny per ton per mile ;
(b) In respect of all merchandise conveyed in Bryn^wyn
trucks provided by the company on the c ' &c *
Bryngwyii Branch of the said railway, to
and from the slate quarries, a distance of
5|- miles, the company shall be entitled to
charge as for 6 miles, and such charge
shall cover the use by the quarry owners
of the company's trucks from the Drum-
head over the quarry owners' sidings and
inclines, into and out of the quarries, and
all services rendered by the company at
or in connection with the Drumhead and
incline ;
(c) In respect of all merchandise conveyed in Gianrafon
owners' waggons on the main line of the and Dinas '
said railway, to and from the Gianrafon
siding from and to Dinas, a distance of 8|-
miles, the company shall be entitled to
charge as and for 9 miles, but such charge
shall cover the use of any siding belonging
to the company at that point, and any
charges for taking merchandise on, to, or
off such siding ;
(d) Where quarry owners provide their own Traders'
1 / 4.1, V trucks '
trucks ior the conveyance oi merchandise
other than merchandise specified in Class A.
240 PROVISIONAL ORDERS SPECIAL PROVISIONS.
of the classification, the rate authorised for
conveyance shall be reduced as follows :
Between Bryngwyn Branch, Drumhead
and Dinas . . . Threepence per ton
Between Glanraf on Siding and Dinas . . .
Fourpence per ton
( e ) No cnar g e sna U be made by the company
to the owners of quarries situated on the
branches referred to in the above clauses
(b) and (c), for the delivery of trucks into
and upon a siding belonging to, or not
belonging to the company, or over a junc-
tion between the railway and such siding, or
for the haulage of trucks to, from, or off such
siding to the railway of the company ;
Accommoda- (f) I n the event of arrangements being made
tion to save
unloading. by any quarry owner or quarry owners by
which merchandise specified in Classes A.
and B. can be conveyed from or to Carn-
arvon without the necessity of unloading
and re-loading at Dinas, then any necessary
structural accommodation that may be re-
quired by the quarry owner or owners for
that purpose shall be provided by the rail-
way company at the cost of the quarry
owner or owners requiring the same,
and the amount to be paid to the rail-
way company in respect of any service
they may be required by the quarry owner
or owners to render in connexion with -the
working of such arrangements shall be
fixed by an agreement in writing between
FEST1NIOG KM I. WAY.
241
the Company and the quarry owner or owners or
some person duly authorised on his or their behalf
or determined in case of difference by an arbitrator
to be appointed by the Board of Trade.
MAXIMUM BATES AND CHAKGES.
PAET I. GOODS AND MINERALS.
fe'Sel
MAXIMUM
r^'C S
RATES FOB
MAXIMUM TERMINALS.
* i S
CONVEYANCE.
c C d
till
JlaJ
For Consign-
ments, except
as otherwise
provided in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
-
Loading.
Un-
loading.
Covering.
Un-
covering.
Per Ton
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-75
3
A.
B.
2-00
6
B.
C.
2-25
1
3
3
1
I
C.
1.
2-40
1 6
5
5
1-50
1-50
1.
2.
2-75
1 6
8
8
2
2
2.
3.
3-10
1 6
1
1
2
2
3.
4.
3-10
1 6
1 4
1 4
3
3
4.
5.
3-10
1 6
1 8
1 8
4
4
5.
D.
242
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
Provisions as
[55 & 56 Viet. cap. xlv.]
FURNESS RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Furness Railway
Company may be cited as " The Railway Rates and Charges, No. 7
(Furness Railway, &c.) Order, 1892, and the Act confirming it as
" The Railway Rates and Charges, No. 7 (Furness Railway, &c.)
Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, unless Board of
Trade otherwise direct.]
MAXIMUM RATES AND CHARGES.
Notwithstanding anything in this Order, in cal-
culating the distance over which any merchandise
destined for or coming from the docks and shipping
places at Whitehaven, via the Preston Street Sta-
tion is conveyed upon the railway, and for all
purposes of rates and charges the railway between
Mirehouse Junction and the docks and shipping
places at Whitehaven, via the Preston Street Sta-
tion, and any part of such railway, shall be calcu-
lated as four miles, and the railway between
Mirehouse Junction and the Bransty Station at
Whitehaven, including the Lonsdale Works, shall
in calculating the distance for the purposes of
rates and charges in respect of merchandise traffic
in Classes A. and B. conveyed to or from the joint
railways from or to Bransty Station at White-
haven, including the Lonsdale Works, be calcu-
lated as two and a half miles.
Notwithstanding anything in this Order, the
following provisions with respect to merchandise
comprised in Classes A. and B. conveyed upon the
FURNESS RAILWAY. 243
London and North- Western and Furness Railway
Companies' Joint Railways, hereinafter called the
joint railways, or any portion of such railways,
shall apply and have effect :
(a) In respect of merchandise traffic comprised
in Classes A. and B. of the classification
arising upon the joint railways destined
for places beyond such railways (except
Whitehaven and the Lonsdale Works), and
passing over the joint railways for any
distance not exceeding four miles, the
company may charge for conveyance any
sum not exceeding 5d. per ton exclusive
of waggons, or 6cl. per ton inclusive of
waggons, and when such merchandise
traffic passes over the joint railways for
any distance exceeding four miles, then
the company may charge for conveyance
any sum not exceeding l'25d. per ton per
mile exclusive of waggons, or 1*5(M. per
ton per mile inclusive of waggons, and
any fraction of half a mile beyond four
miles may be charged for as for half a
mile.
(b) In respect of merchandise traffic comprised
in Classes A. and B. arising upon the joint
railways destined for Whitehaven or the
Lonsdale Works and passing over the
joint railways for any distance not ex-
ceeding three miles the company may
charge for conveyance any sum not ex-
ceeding 5 '25d. per ton exclusive of wag-
R2
244 PROVISIONAL ORDERS SPECIAL PROVISIONS.
gons, or 6d. per ton inclusive of waggons,
and when such merchandise traffic passes
over the joint railways for any distance
exceeding three miles then the company
may charge for conveyance any sum not
exceeding 1*75^. per ton per mile exclu-
sive of waggons, or 2d. per ton per mile
inclusive of waggons, and any fraction of
half a mile beyond three miles may be
charged for as for half a mile.
(c) In respect of merchandise traffic comprised
in Classes A. and B. arising and terminating
upon the joint railways the company may
charge for conveyance any sum not ex-
ceeding 1 '75d. per ton per mile exclusive
of waggons, or 2d. per ton per mile inclu-
sive of waggons, and if conveyed a less
distance than four miles the company shall
be entitled to demand and receive rates
and charges as for four miles, and any
fraction of half a mile beyond four miles
may be charged for as for half a mile.
(d) In addition to the charges for conveyance
by this section authorised, the company
shall be entitled to charge and receive in
respect of merchandise traffic comprised
in Classes A. and B. conveyed on the joint
railways, the terminals and other charges
by this Order authorised in respect of the
merchandise trallic comprised in Class A.
(e) The provisions of sect. 1 1 of this Order
shall not be applicable to the joint rail-
ways in respect of the merchandise traffic
FURNESS RAILWAY.
to which this section applies, provided
always that where such traffic is con-
veyed by the company partly on the
joint railways and partly on any other
railway, the joint railways and such
other railways shall, for the purposes of
reckoning any short distance on such
other railways, be considered as one
railway.
(f ) No charge shall be made by the company
for the mere delivery of trucks into and
upon a siding not belonging to the com-
pany over the junction between the rail-
way and such siding, or for the haulage
of trucks from and off such siding over
the junction on to the railway of the
company.
PAET I. GOODS AND MINERALS.
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
Jj? *
For Consignments, except as otherwise
provided in the Schedule.
Service Terminals.
For the first
For the next
Station
Tei minal
fcb
i
10 miles
30 Miles
For the
at each
$
.5
cP
*E
0:1
or any part
of such
or any part
of such
remainder
of the
End.
Q
1
Q
1
S
A
Distance.
Distance.
Distance.
&
p
a
S
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
*. d.
s. d.
*. d.
d.
d.
A.
1-75
1-15
0-50
3
A.
B.
1-90
1-25
0-75
6
B.
C.
2-10
1-50
1-00
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-70
1 6
8
8
2
2
2.
3.
3-10
2-65
1-75
1 6
1
I
2
2
3.
4.
3-60
3-15
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
1 6
1 8
1 8
4
4
5.
PROVISIONAL ORDERS SPECIAL PROVISIONS.
[54 & 55 Yict. cap. ccxiv.]
GREAT EASTERN RAILWAY.
[NOTE. The Provisional Order applicable to the Great Eastern
Railway Company may be cited as " The Great Eastern Eailway
Company (Rates and Charges) Order, 1891," and the Act confirm-
ing it as " The Great Eastern Railway Company (Rates and Charges)
Order Confirmation Act, 1891."
Commencement of Order, 1st August, 1892, or such later date as
the Board of Trade direct. Now postponed to 1st January, 1893.]
Companies to which the Great Eastern Rates apply,
leing the Appendix to the Great Eastern Schedule.
The Northern and Eastern Railway Company,
in respect of the Northern and Eastern Railway.
The Colchester, Stour Valley, Sudbury, and
Halstead Railway Company, in respect of the
Colchester, Stour Valley, Sudbury, and Halstead
Railway.
The Thetford and Watton Railway Company,
in respect of the Thetford and Watton Railway.
The Watton and Swaffham Railway Company,
in respect of the Watton and Swaffham Railway.
The Ely and St. Ives Railway Company, in
respect of the Ely and St. Ives Railway.
The Ely and Newmarket Railway Company,
in respect of the Ely and Newmarket Railway.
GREAT EASTERN RAILWAY. 247
The London and Blackwall Railway Company,
in respect of the London and Blackwall Railway,
and the London, Blackwall, and Millwall Exten-
sion Railway.
The Millwall Dock Company, in respect of
the London, Blackwall, and Millwall Extension
Railway.
The East and West India Dock Company, in
respect of the London, Blackwall, and Millwall
Extension Railway.
The Downham and Stoke Ferry Railway Com-
pany, in respect of the Downham and Stoke
Ferry Railway.
The Gaslight and Coke Company, in respect
of the Beckton Branch Railway.
The Great Northern and Great Eastern Joint
Committee, in respect of the Great Northern and
Great Eastern Joint Railway.
248 PROVISIONAL ORDERS SPECIAL PROVISIONS.
Great Eastern Railway con tinned.
MAXIMUM EATES AND CHAEGES.
PAET I. GOODS AND MINERALS.
Eates and Terminals in respect of Merchandise comprised
in Classes A., B., C., 1, 2, 3, 4, and 5.
a
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
.a
||
For Consignments, except as otherwise
provided in the Schedule.
Service Terminals.
8^3
Station
SI'S
For the
For the
For the
Termi-
1.1
first
20 Miles,
or any
part of
such
next
30 Miles,
or any
part of
such
next
50 Miles,
or any
part of
such
For the
remainder
of the
Distance.
nal at
each
End.
1
*
ti
|
!
21
Distance.
Distance.
Distance.
P
P
|
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
a
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-15
0-90
0-45
0-40
3
A.
B.
1-40
1-05
0-80
0-55
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 G
1 8
1 8
4
4
5.
GREAT NORTHERN RAILWAY. 249
[54 & 55 Viet. cap. ccxv.]
GREAT NORTHERN RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Great Northern Short title.
Railway Company may bo cited as "The Great Northern Railway
Company (Hates and Charges) Order, 1891," and the Act confirming
it as " The Great Northern Railway Company (Rates and Charges)
Order Confirmation Act, 1891."
Commencement of Order, 1st August, 1892, or such later date as Commence-
the Board of Trade direct. Now postponed to 1st January, 1893.] ment -
Companies to which the Great Northern rates apply,
being the Appendix to the Great Northern Schedule.
The Nottingham and Grantham Railway and
Canal Company in respect of the Nottingham and
Grantham Railway.
The East Lincolnshire Railway Company in
respect of the East Lincolnshire Railway.
The Muswell Hill and Palace Railway Com-
pany in respect of the Muswell Hill and Palace
Railway.
The Stamford and Essendine Railway Com-
pany in respect of the Stamford and Essendine
Railway.
The Horncastle Railway Company in respect
of the Horncastle Railway.
The Spilsby and Firsby Railway Company in
respect of the Spilsby and Firsby Railway.
The Wainfleet and Firsby Railway Company
in respect of the Wainfleet and Firsby Railway.
250 PROVISIONAL ORDERS SPECIAL PROVISIONS.
The Wainfleet and Skegness Railway Com-
pany in respect of the Wainfleet and Skegness
Railway.
The Sutton and Willoughby Railway Com-
pany in respect of the Sutton and Willoughby
Railway.
The Louth and East Coast Railway Company
in respect of the Louth and East Coast Railway.
The Nottingham Suburban Railway Company
in respect of the Nottingham Suburban Railway.
The Halifax High Level and North and South
Junction Railway Company in respect of the
Halifax High Level and North and South Junc-
tion Railway.
The Great Northern Railway Company, the
Lancashire and Yorkshire Railway Company, and
the North Eastern Railway Company, in respect
of the Lofthouse and Methley Joint Line.
The Great Northern Railway Company and
the Lancashire and Yorkshire Railway Company
in respect of the joint railways from Halifax to
Holmfield, and from Holbeck to Leeds.
The Great Northern Railway Company and
the London and North Western Railway Com-
pany in respect of the Nottinghamshire and
Leicestershire Joint Lines.
GREAT NORTHERN RAILWAY.
251
MAXIMUM EATES AND CHAEGES.
Where the distance over which merchandise is conveyed
consists in part of a line or lines of the company to which
one scale, and in part of a line or lines to which another
or more than one other scale of rates is applicable, the
maximum charge for each portion of the entire distance
shall be calculated at the maximum rate which, according
to the scale applicable to such portion, would be chargeable
for the entire distance.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise com-
prised in Classes A. and B.
SCALE I. Applicable to such portions of the Railway as are not hereinafter
specially mentioned.
MAXIMUM RATE FOR CONVEYANCE.
MAXIMUM TERMINALS.
1
1 -
For Consignments, except as otherwise provided
in the Schedule.
Service Terminals.
Station
gr-
Termi-
For the first
20 Miles, or
any part
of such
Distance.
For the next
30 Miles, or
any part
of such
Distance.
For the next
50 Miles, or
any part
of such
Distance.
For the
remainder
of the
Distance.
nal at
each
End.
a
*
f
f
f
p
i
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
*. d.
d.
d.
A.
0-95
0-85
0-50
0-40
3
B.
1-25
1-0
0-80
0-50
6
252 PROVISIONAL ORDERS SPECIAL PROVISIONS.
SCALE II. Applicable to the Railways herein specially mentioned.
CLASS A.
CLASS B.
Maximum
Rate for
Convey-
ance.
Maximum
Station
Terminal
at each
end.
Maximum
Rate for
Convey-
ance.
Maximum
Station
Terminal
at each
end.
NOTTINQHAMSHIEE, LEICESTEESHIEE, AND DEEBY-
SHIEE LINES:
]
P
J
D er Ton
er Mile.
1-50
d.
3
Per Ton
per Mile.
*,
1-70
d.
6
Woolsthorpe Branch and Extension
Nottingham Suburban Railway , . . .
Colwich to Derby
Pinxton Branch, with short lines therefrom . .
Heanor Branch ,
STAFFOED AND UTTOXETEE RAILWAY
YOEKSHIEE LINES :
"Wakefield to Wortley Junction
"Wrenthorpe to Batley
Holbeck to Bradford and Bowling Junction . .
St Dunstan's Junction at Bradford
Queensbury to Holmfield
Dewsbury to Batley, and Dewsbury to Thorn-
hill ,
Dudley Hill to Low Moor . .
Halifax High Level, and North and South
Halifax to Holmfield and Holbeck to Leeds
Provided that, in rospect of the railways to which
Scale 2 is applicable, the power of the company to charge
for a distance less tlmn six miles shall have effect as if four
miles were substituted for six.
This proviso does not seem to affect the power of the company to charge as
for four and a half miles when the carriage is from station to private siding, or
vice versa.
(Jill-: AT NORTHERN RAILWAY.
253
It is not quite easy to see whether this short distance clause
applies to all classes of traffic, or only to classes A. and B. The
tart of the proviso occurring immediately after the rates applicable
to classes A. and B. , and forming a part of the Act headed ' ' in
respect of merchandise comprised in classes A. and B.," would seem
to point to the more restricted construction. On the other hand,
the proviso is in terms general, and it might well be considered
that the Legislature, in giving the railway company the larger rate
for classes A. and B., had thought that some concession ought to
be made to the public in return. And this view is strengthened by
the fact that in the London & North Western Eailway Company's
provisional order there occur two provisoes of a similar nature, the
ono (p. 272) relating to the Whitehaven Junction Eailway, specifi-
cally limited to classes A. and B., and the other (p. 274), though
occurring in a heading applicable to class A., specifically limited
to class A.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C. 1, 2, 3, 4, and 5.
jl
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
IJJ
For Consignments, except as otherwise
provided in the Schedule.
-3
Service Terminals.
For the
For the
For the
8 &
first
P. - -z 20 Miles or
next
30 Miles or
next
50 Miles or
For the
remainder
o
*
60
S
fcb
1
~~ ~ ~ any part
of such
any part
of such
any part
of such
of the
Distance.
1
.9
1
1
I
A
Distance.
Distance.
Distance.
A
s
6
6
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d
d.
s. d
s. d
*. d.
d.
d.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1
2
2 65
2-30
1-80
1-50
1 6
8
8
2
2
2
3
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3
4
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4
5
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5
254
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
Severn
Tunnel.
Different
scales.
Lime, in>n,
and steel.
[54 & 55 Yict. cap. ccxxii.]
GREAT WESTERN RAILWAY.
[NOTE. The Provisional Order applicable to the Great Western
Railway Company may be cited as ' ' The Great "Western Railway
Company (Bates and Charges) Order, 1891," and the Act confirming
it as "The Great Western Railway Company (Rates and Charges)
Order Confirmation Act, 1891."
Commencement of Order 1st August, 1892, or such later date as
Board of Trade direct. Now postponed to 1st January, 1893.
The Great Western schedule of rates applies to no other railway
company.]
MAXIMUM RATES AND CHARGES.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the Severn Tunnel is to be
calculated as twelve miles.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another or more than one other
scale of rates is applicable, the maximum charge
for each portion of the entire distance shall be
calculated at the maximum rate which, according
to the scale applicable to such portion, would be
chargeable for the entire distance.
The maximum rates for conveyance for lime
and f<>r iron nnd steel articles in classes B. and
C. of the classification shall not exceed, upon the
portions of the railway respectively governed by
the ( in-iit Western Railway Act, 1847 (10 & 11
Viet. c. ccxxvi.), the Oxford, Worcester, & Wol-
vrrliimiptoii Railway Acts, 1845 (8 & 9 Viet.
GREAT WKSTKRN RAILWAY.
c. clxxxiv.) and 1846 (9 & 10 Viet. c. cclxxviii.),
the rates by those Acts respectively authorised.
The conveyance rates authorised by the Great Western Eailway
Act, 1847 (10 & 11 Viet. c. ccxxvi.), for lime, iron, and steel, are as
follows :
DESCRIPTION.
If conveyed
for a
distance
exceeding
50 Maes.
If conveyed
for a
distance not
exceeding
50 Miles.
Pig iron, bar iron, rod iron, sheet iron, hoop
iron, plates of iron, slabs, billets, and rolled
iron and lime
Per Ton
per Mile.
d.
{
Per Ton
per Mile.
d.
U
Wrought iron, not otherwise specifically classed,
and heavy iron castings, including railway
11
H
Mrials (except iron), nails, anvils, vices, and
2
2}
This Act refers to the following railways of the Great Western
Eailway Company : London to Bristol, and branch to Henley ;
Didcot to Priestfield via Leamington ; Swindon to Gloucester and
Cheltenham, and branches to Cirencester and Tetbury.
The rates for conveyance authorised by the Oxford, Worcester,
and Wolverhampton Eailway Acts, 1845 and 1846, for the convey-
ance of lime, iron, and steel, are as follows :
DESCRIPTION.
If conveyed
for not
less than
50 Miles.
If conveyed
for less than
50 Miles.
Pig iron, bar iron, rod iron, sheet iron, hoop
iron, plates of iron, slabs, billets, and rolled
iron and lime
Heavy iron castings, including railway chairs . .
Metals (except iron), nails, anvils, vices, and
chains and light iron castings
Per Ton
per Mile.
d.
Per Ton
per Mile.
256 PROVISIONAL ORDERS SPECIAL PROVISIONS.
The railways governed by these Acts are : Wolvercote Junction
to Bushbury via Worcester and branches to Chipping Norton,
Stratford-on-Avon, Stoke Works, Kingswinford, Halesowen, and
from Kidderminster to Bewdley.
Monmouth- Nothing contained in this Order shall alter,
andTredegar vary, or affect the tolls, rates, or charges which
the company are, at the commencement of this
Order, authorised to demand and take in respect
of merchandise traffic on the Monmouthshire rail-
ways of the company amalgamated with the
undertaking of the company by the Great Western
and Monmouthshire Railway Companies Amalga-
mation Act, 1880, or in respect of merchandise
traffic on any line of railway on Lord Tredegar's
Park Mile in the occupation of the company.
Saving. Nothing contained in this Act shall repeal,
affect, or prejudice the enactments contained in
the provisoes to sect. 22 of the Great Western
Railway (Various Powers) Act, 1867, or the pro-
visions with regard to tolls and charges contained
in sect. 30 of the Great Western Railway Act,
1872, or sect. 47 of the Great Western Railway
Act, 1873.
The proviso to sect. 22 of the Great Western Railway Company's
Various Powers Act of 1867 (30 & 31 Viet. cap. cl.) is as follows :
Provided always that the maximum charge for the conveyance
(exclusive of waggons) of coal and coke from any part of the said
railways, including Dowlais to Cardiff or other stations in South
AN'; ties on the railways of the company or of the Ehyniney Company,
may be, but shall not exceed, as regards coal seven-eighths of a penny
per ton per mile, and as regards coke one penny per ton per mile.
Provided also that for articles and persons conveyed on the railways
Nos. 1, 2, and 3 for a less distance than four miles tolls, rates, and
charges may be demanded as for four miles.
Railway No. 1 commences with a junction with the Taff Vale
extension of the Newport, Abergavenny, and Hereford Railway
GKKAT WISTKRN RAILWAY. 257
near the mile post denoting 3o miles from Swansea, and terminates
with a junction with the Colley lino of the Dowlais Iron Company.
Hallway No. 2 (3 miles 1 furlong) from termination of railway
No. 1 to siding of the Dowlais Iron Company.
Railway No. 3 (5 furlongs) from a junction with railway No. 2,
about 500 yards from the termination thereof to Cwm Canol Street,
Dowlais.
The Great Western Bailway Acts of 1872 and 1873 authorise the
construction of certain railways, and sects. 30 and 47 of those Acts
respectively provide for the charging of the same tolls as contained
in the Company's Act of 1867.
The railways are
Act of 1872 :
No. 1 . A railway in Merthyr Tydfil, Dowlais Ironworks
to Ffoes-y-fran Ironstone Mine Pit.
No. 2. From railway No. 1 to the old works railway of
the Dowlais Iron Co.
No. 3. From railway No. 2 to private railway of the
Plymouth Iron Co.
No. 4. A deviation railway from railway No. 2 of the
Act of 1867 to railway No. 2 authorized by this Act of
1872.
Act of 1873.
No. 1. A railway or siding 3 furlongs 5 chains in Bristol.
No. 2. A railway from the Wrexham and Minera railway
to the Ffrwyd branch railway.
No. 3. A branch railway from No. 2 last-mentioned
towards Brynmally branch railway.
Xo. 4. A branch of the Lwynennion branch railway
towards Wrexham.
No. 5. A deviation railway in Dudley from near Netherton
station to railway No. 1 of the West Midland Act of
1862.
No. 6. A deviation railway in Rowley Regis from the
last-mentioned railway No. 5 to railway No. 1 of the
West Midland Act of 1862.
D.
258
PROVISIONAL ORDERS SPECIAL PROVISIONS.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
SCALE I. Applicable to the following portions of the Railway.
MAXIMUM RATES FOE
CONVEYANCE.
MAXIMUM TERMINALS.
t
^
.
5
1
Service Terminals.
si
si
si
-i
*
ll
ii
w c
11
o
3
*
go
s
SH
1
1
1
1
s|
|
li
c
II
g|
O OS
1
t"
f
60
It
II
II
5"^
|
-0
1
1
g
i
1
1
1
1
5
1
1
S
Per
Per
Per
Per
Ton
Ton
Ton
Ton
Per
Per
Per
Per
Per
1. Railways governed by the Great Western
Act, 1847, viz. :
London to Bristol, and branch to Henley
Didcot to 1'rii >ttii Id, via Leamington ...
' MHe.
d.
per
Mile.
d.
JSL
d.
MUe.
d.
Ton
s. d.
Ton.
s. d.
Ton
s. d.
Ton.
d.
Ton.
,/.
Swindon to Gloucester and Cheltenham,
and branches to Cirencester and Tet-
bury
2. Railways governed by the Shrewsbury and
Birmingham Act, 1846, viz. :
Shrewsbury to Bushbury, and branch to
Coalbrookdale
3. Railways governed by the Oxford, Wor-
. , and Wolverhampton Acts, 1845
and 184fi, vi/. :
Wolvercote Junction to Bushbury, vi&
Worcester, and branches to Chipping
Norton, StiM tonl-on-Avon, Stoke
A 0'05
0-85
0-50
0-40
3
A.
Works, Kinirswinford, Jlalesowen, and
from Kiddi minister to ]!r\\dley
'Bl'25
1-0
0'80
0-60
6
B.
4. Railways governed by the Severn Valley
Act, 1856, viz. :
Shrewsbury toHartlebury
6. Railways governed 1-v tin- Vulr of Neath
RafiwayAct
Mi-rthyr Tydtil and Aln.lare to Neath,
with brunch's to I).u. :i!id Aniiin
6. Railways governed hv the Ab. rdaix- Valley
K.iiiv. . vi/. : -
Alxi-dan- to Middle Doflryn
7. Railways governed by the Swansea and
Neath llaihsav \ . :
Neath to Swansea (Wind Street Junc-
tion), via N
8. Raih\ Ler and
Dean For. -s HailwMy A.C*, 1^;.:. vi/.:
Gloucester to Grange Court Junction . . .
)
GREAT WESTERN RAILWAY.
259
SCALE I.
MAXIMUM RATES FOR
C.iN-VEYANCE.
MAXIMUM TERMINALS.
I*
K
li
1
1
Service Terminals.
||
11
|j
i|
si
g|
1
1
1*8
\*
8*8
EJ
H
,
to
.
.fl
II
||
||
||
|1
1
i
1
1
1
Pq
1
1
m
3
t3
1
&
9. Railways troverned by the Llynvi Valley
Railway Act, 1&55, viz. :
\ Per
Ton
Per
Ton
Per
Ton
Per
Ton
Per
Per
Per
Per
Per
rortheawl and Bridgend to Blaenavon,
nor
per
per
per
Ton.
Ton.
Ton.
Ton.
Ton.
with branches to Blaen Garw and Ty
Mile.
Mile.
Mile.
Mile.
Hirwain
d.
d.
d.
d.
s. d.
s. d.
.9. d.
d.
d.
10. Railways governed by the Coleford Rail-
way Act, 1S7-J. viz. :
"\Vvcsham Junction to Coleford
11. Railways goverjied by the Severn Tunnel
Railway Act, 1872. viz. :
Severn Tunnel Junction to Pilning 1
!_'. Railways governed by the Shrewsbury
and Chester Railway Act. isn>, viz.:
Shrewsbury to Saltnev Junction, with
AO'96
0-85
1-0
0'50
0-80
0-40
0-50
3
6
-
-
-
-
A.
B.
branches to Oswestry and to Brynyr
Owen and Legacy Collierj T , and from '
Whefttrimi Junction to Gwersyllt,
from Croes-newydd to Brynmally and
Firwd, and from Brymbb to Minera
and Vron
13. Railways governed by the Worcester and
Hereford Act, 1853, viz. :
Shel wick Junction to Worcester
14. Railways governed by the Bala and Dol-
gelly Act, 1862
SCALE II. Applicable to all portions of the Railway not herein
specially mentioned.
In respect
MAXIMUM RATES FOR CONVEYANCE.
Merchandise
comprised
in the under-
mentioned
Classes.
For the
first 20 Miles,
or any part
of t-uch
Distance.
For the
next 30 Miles,
or any part
of such
Distance.
For the
next50Mile<.
or any part
of such
Distance.
For the
remainder
of the
Distance.
Maximum
Station
Terminal
at
each End.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton.
d.
d.
d.
d.
*. d.
A.
1-50
0-90
0-40
0-35
3
A.
B.
1-60
1-20
0-80
0-50
6
B.
Provided that if at any time after the commence-
s2
260
PROVISIONAL ORDERS SPECIAL PROVISIONS.
ment of this Order the clear annual profits
divisible upon the whole subscribed and paid-up
capital ordinary stock of the Great Western Rail-
way Company upon an average for three consecu-
tive years shall equal or exceed the rate of six
pounds for every 100/. of such paid-up capital
stock, Scale I. shall become and shall continue to
be applicable to the railways governed by the
South Wales Railway Act, 1845, as amended by
the South Wales Railway Consolidation Act,
1855.
SCALE III. Applicable to the following portions of the Railway.
1. Railways governed by the Newport,
Abergavenny, and Hereford Rail-
way Act, 1846, viz. :
Hereford (Barton) to Mountain
Ash (Middle Duffryn)
2. Railways governed by the Ogmore
Valley Railway Act, 1863, viz. :
Nantymael to Brynmenyn, Black
Mill to Gelly Rhaidd, and Little
Ogmore Branch
3. Railways governed by the Pontypool,
Caerleon, and Newport Railway
Act, 1866, viz.:
Pontypool Road to Maindce Junc-
tion (Newport), via Caerleon . .
4 . Railways governed by the Cardiff and
Ogmore Railway Act, 1873, viz.:
Blackmill Junction to Llanharran
Junction
Maximum Rate
for
Conveyance.
Per Ton
per Mile.
Class A.
Maximum Station
Terminal
at each End.
Class A.
M.
Class B.
The maximum rates set out in
Scale I.
Provided that in respect of the railways to
GREAT WESTERN RAILWAY.
which Scale III. is applicable the power of the company
to charge for a distance less than six miles shall have
effect as if four miles were substituted for six (d).
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C., 1, 2, 3, 4, and 5.
1!
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
~ '=.
c
* a
For Consignments, except as otherwise provided
in the Schedule.
Service Terminals.
SB
Station
Termi-
o|
For the
For the
For the
nal at
first
20 Miles,
or any part
of such
next
30 Miles,
or any part
of such
next
50 Miles,
or any part
of such
For the
remainder
of the
Distance.
each
End.
Load-
ing.
Un-
load-
ing.
Cover-
ing.
Un-
cover-
ing.
ju
Distance.
Distance.
Distance.
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
<L
d.
d.
d.
s. d.
s. d.
s. d
d.
d.
c.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
i.
2-20
1-85
1-40
1-00
I 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
(d) See note to similar proviso in Great Northern Schedule, ante, pp. 252, 253.
162
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[55 & 56 Viet. cap. xlvi.]
HULL, BARNSLEY, AND WEST RIDING
JUNCTION.
[NOTE. The Provisional Order applicable to the Hull, Barnsley,
and West Biding Junction Railway Company may be cited as " The
Railway Eates and Charges, No. 8 (Hull, Barnsley, and West
Eiding Junction Railway) Order, 1892," and the Act confirming
it as " The Railway Rates and Charges, No. 8 (Hull, Barnsley, and
West Eiding Junction Railway) Order Confirmation Act, 1892."
Commencement of the Order, 1st January, 1893, unless the Board
of Trade otherwise direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Hull, Barnsley, and West Riding Junction
Railway Company.
PART I. GOODS AND MINERALS.
II
MAXIMUM RATES FOB COXVKYAXCK.
MAXIMUM TERMINALS.
'3%
For Consignments, except as otherwise
provided in the Schedule.
tl
Service Terminals.
For t)i
Miles
or any part
of such
Distance.
For the next
30 Miles
or any part
of such
Distance.
For the next
;,'i .Mil, s
or any part
(it Midi
Distance.
Fnr the
remainder
of the
Distance.
Station Termii
each En<
1
p
j
Uncovering.
Per Ton
Per Ton
Per Ton
Ter Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
8. d.
s. d.
*. d.
d.
d.
A.
I 1 6
0-90
0-45
0-40
3
A.
B.
1-25
1-00
0-80
0-60
6
B.
C.
1-80
l :,()
I '20
0-70
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
G
6
6
1-50
1-50
1.
2.
2-65
2*80
1-80
1-50
6
8
8
2
2
2.
3.
3-10
2-00
1-80
6
1
1
2
2
3.
4.
3-GO
3-1')
2*60
2-20
6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
6
1 8
1 8
4
4
6.
ISLE OF WIGHT RAILWAY.
2G3
ment.
[55 & 56 Viet. cap. xlvii.]
ISLE OF WIGHT RAILWAY.
[NOTE. The Provisional Order applicable to the Isle of Wight Short title.
Kailway Company, and the Companies next mentioned, may bo cited
as " The Railway Rates and Charges, No. 9 (Isle of Wight Railway,
&c.) Order, 1892," and the Act confirming it as " The Railway Rates
and Charges, No. 9 (Isle of Wight Railway, &c.) Order Confirmation
Act, 1892."
Commencement of the Order, 1st January, 1893, unless the Board Commence-
of Trade otherwise direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Isle of Wight Kailway Company,
Isle of Wight Central Railway Company,
Brading Harbour Improvement Railway and
Works Company,
and.
Freshwater, Yarmouth, and Newport Railway
Company.
PART I. GOODS ASTD MINERALS.
gll
MAXIMUM
rt fl
RATES FOB
MAXIMUM TERMINALS.
l^-l
CONVEYANCE.
For
Service Terminals.
"S ^ i oo
Consignments,
Station
GJ ^ ^ ^
except as
Terminal
Jill
otherwise pro-
vided in
the Schedule.
at each
End.
Loading.
Un-
loading.
Covering.
Un-
covering.
Per Ton
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-75
3
A.
B.
1-90
6
__
B.
C.
2-00
3
3
1
1
C.
1.
2-25
6
5
5
1-50
1-50
1.
2.
2-75
6
8
8
2
2
2.
3.
3-10
6
1
1
2
2
3.
4.
3-75
6
1 4
1 4
3
3
4.
5.
4-30
6
1 8
1 8
4
4
5.
PROVISIONAL ORDERS SPECIAL PROVISIONS.
[55 & 56 Viet. cap. xlviii.]
LANCASHIRE AND YORKSHIRE RAIL-
WAY COMPANY.
[NOTE. The Provisional Order applicable to the Lancashire and
Yorkshire Eailway may be cited as ' ' The Eailway Eates and Charges,
No. 10 (Lancashire and Yorkshire Eailway, &c.) Order, 1892," and
the Act confirming it as "The Eailway Eates and Charges, No. 10
(Lancashire and Yorkshire Eailway, &c.) Order Confirmation Act,
1892."
Commencement of the Order, 1st January, 1893, unless the Board
of Trade otherwise direct.]
Companies to which the Lancashire and Yorkshire
Eailway Company's Schedule applies, leing the
Appendix to the Schedule of the Lancashire and
Yorkshire Railway Company.
The London and North Western Railway Com-
pany, and the Lancashire and Yorkshire Railway
Company in respect of the Lancashire Union
Railway from Cherry Tree to Chorley and from
Adlington to Boars Head ; the North Union Rail-
way from Euxton Junction to Preston ; the Preston
and Longridge Railway; and the Preston and
Wyre Railway.
The London and North Western Railway Com-
pany ; the Lancashire and Yorkshire Railway
Company ; and the Corporation of Preston in
respect of the Kibble Branch Joint Railway
Company.
LANCASHIRE AND YORKSHIRE RAILWAY.
265
MAXIMUM BATES AND CHARGES.
In calculating the distance over which any Allowances,
merchandise is conveyed, and for all purposes of
rates and charges, the extended line of railway
authorised by the Manchester and Leeds Railway
Act, 1839, and the line of railway connecting the
same with the Lancashire and Yorkshire Railway
Company's main line of railway, or any part thereof,
is to be calculated as two and a half miles.
PAET I. GOODS AND MINERALS.
SCALE I. Applicable to such railways as are not hereinafter specially mentioned.
Merchandise
the under-
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each Fjid.
Service Terminals.
For the
first
20 Mile* <>r
any part
of such
Distance.
For the
next
30 Miles or
any part
of such
Distance.
For the
next
5< i Mil. 'sin-
any part
of such
Distance.
For the
remainder
of the
Distance.
I
|
Covering.
{
A.
Per Ton
per Mile.
d.
1-00
Per Ton
per Mile.
d.
0-85
Per Ton
per Mile.
d.
0-50
Per Ton
per Mile.
d.
0-40
Per
Ton.
s. d.
Per
Ton.
*. d.
Per
Ton.
s d
Per
Ton.
d.
Per
Ton.
d.
A.
3
B.
1-40
1-00
0-80
0-50
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2 -Go
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
266 PROVISIONAL ORDERS SPECIAL PROVISIONS.
Lancashire & Yorkshire Railway continued.
SCALE II. Applicable to the Preston and Longridge Railway.
In respect of Mer-
chandise comprised
in the uuder-men-
; ..
MAXIMUM RATES
FOE
CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments,
except as other-
wise provided in
the Schedule.
Station
Terminal
at each
End.
Service Terminals.
Loading.
Unloading.
Covering.
Uncovering.
Per Ton per
Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
A.
d.
1-25
s. d.
3
s. d.
s. d.
d.
d.
A.
B.
1-40
6
B.
C.
1-80
1
3
3
1
1
C.
1
2-20
1 6
5
5
1-50
1-50
1
2
2-65
1 6
8
8
2
2
2
3
3-10
1 6
1
1
2
2
3
4
3-60
1 6
1 4
1 4
3
3
4
5
4-30
1 6
1 8
1 8
4
4
5
Provided always, that with respect to merchandise in
Class A, conveyed between Dock Street, Preston, and
Deepdale, the maximum rate for conveyance shall not
exceed 2d. per ton.
LONDON AND NORTH WESTERN RAILWAY. 267
[54 & 55 Viet. cap. ccxxi.]
LONDON & NORTH WESTERN RAILWAY.
[NOTE. The Provisional Order applicable to the London and Short title.
North Western Railway Company may be cited as ' ' The London
and North Western Railway Company (Rates and Charges) Order,
1891," and the Act confirming it as "The London and North Western
Railway Company (Rates and Charges) Order Confirmation Act,
1891."
Commencement of Order 1st August, 1892, or such later date as Commence-
the Board of Trade direct. Now postponed to 1st January, 1893.] nient.
Companies to which the London and North Western
Rates apply, being the Appendix to the London
and North Western Schedule.
The Great Western Railway Company in respect
of the Birkenhead Railway (including the West
Kirby lines) and the Wrexham & Minera Railway.
The Brecon and Merthyr Tydfil Junction Rail-
way Company in respect of the Dowlais and
Merthyr Railway.
The Rhymney Railway Company in respect of
the Nantybwch and Rhymney Railway.
The Charnwood Forest Railway Company in
respect of the Charnwood Forest Railway.
The Harborne Railway Company in respect of
the Harborne Railway.
The Mold and Denbigh Junction Railway Com-
pany in respect of the Mold and Denbigh Junction
Railway.
MAXIMUM RATES AND CHARGES.
In calculating the distance over which any Runcom
merchandise is conveyed, and for all purposes of n
rates and charges, the Runcorn Bridge is to be Railwa 5 r -
268 PROVISIONAL ORDERS - SPECIAL PROVISIONS.
calculated as nine miles, and the junction railway
authorized by the Stockport, Disley, & Whaley
Bridge Railway Act, 1855, is to be calculated as
three quarters of a mile.
Different Where the distance over which merchandise is
conveyed consists in part of a line or lines of rail-
way to which one scale, and in part of a line or lines
to which another, or more than one other scale of
rates is applicable, the maximum charge for each
such portion of the entire distance shall be calcu-
lated at the maximum rate which, according to
the scale applicable to such portion, would be
chargeable for the entire distance.
Saving of Nothing in this Order shall affect the tolls,
St. Helens
.
Transfer Act, rates, dues, and charges prescribed by the St.
L. &N n w. Helens Canal and Railway Transfer Act, 1864
( sects - !2, 13, and 14), the London & North
i867 er8) Act> Western Railway (Additional Powers, England)
Act, 1865 (sect. 72), and the London & North
Western Railway (New Works and Additional
Powers) Act, 1867 (sect. 48), but the company
rnay, in respect of the traffic there referred to,
demand or take the tolls, rates, dues, or charges
prescribed by those enactments, and shall not
demand or take any tolls, rates, dues, or charges
in excess thereof. Provided further that nothing
herein contained shall prejudice or affect any
maximum rates or charges in respect of any new
dock for the construction of which the company
may seek powers from Parliament.
The St. Helens Canal & Railway Transfer Act, 1864, sect. 12,
provides in effect that, except as expressly provided, the charges
LONDON AM) NOHTII WKSTKRN II \1MVAY. 2G9
shall be the same as on the rest of the London & North Western
Bail way. Sect. 13 provides that the London & North Western
Railway Company shall not demand and receive any greater toll,
rate, or charge than the following :
For stone, sand, clay, bricks, and limestone, conveyed to and
from PER TON
St. Helens and Widnes Dock - Is. 2d.
St. Helens and Garston Dock - - Is. 6d.
For pyrites, manganese, copper ore, emery stone, plaster stone,
salt, timber, and merchandise conveyed to and from
PER TON
St. Helens and Widnes Dock - Is. 8d.
St. Helens and Garston Dock - 2s. 2d.
For all traffic between
Widnes Dock or ^ f the sidings of any >j
Sankey Canal be- works in the township
tween West Bank I ^ J of Widnes directly I PER TON
Locks and the first f a i communicating with f Os. Sd.
bridge across the I I the line thereby trans- I
canal ^ ferred
Garston Dock and such sidings - - Is. 3d.
And in all the above cases the charges are respectively to include
dock dues, receiving from the ship and loading on the waggons, or
the unloading from the waggons and delivery to the ship, and also
the use of waggons.
For all traffic conveyed from
Such sidings in Widnes | ( works in the town- } PER TON
as above mentioned j ( ship of Widnes j Os. Qd.
For all traffic other than coal or refuse conveyed from
Works having a
siding communi-
cating with the St.
Helens Eailway
to
works having sidings com- \
municating with the same / PER TON
lines not more than three ( Os. 9d.
miles distant
This last-mentioned charge to include use of waggons, but not
porterage.
All the above charges for traffic to and from St. Helens are to
include the taking waggons with goods to and from the sidings
directly communicating with the lines of the St. Helens Railway,
not being more than two and a quarter miles northward of Sutton
Oak Junction.
For any of the foregoing articles when placed at the desire or by
the default of the consignee on the wharves of the Widnes or
Garston Dock, the company may charge a wharfage rate not
270
PROVISIONAL ORDERS SPECIAL PROVISIONS.
exceeding 4%d. per ton, and if they remain longer than one month
Id. per ton per month or part of a month.
For all coal from any colliery on the St. Helens Eailway, not
more than sixteen miles from Garston Dock to that
dock - - Is. 3d. per ton
including the charge for the use of the dock, and if the owner
supplies the locomotive power there is to be a reduction of 4d.
per ton.
For alkaline waste, slag, and other refuse conveyed exclusively
by the railways transferred by the Act, the rates authorised to be
charged for slack.
And by sect. 14 no charge is to be made for delivery to or taking
from sidings communicating with the railway.
The London and North Western Eailway Company (Additional
Powers) Act, 1867, authorised, amongst other things, the construc-
tion of new docks at Garston, and sect. 48, after incorporating
sect. 13 and certain other sections of the St. Helens Canal and
Eailway Transfer Act of 1864, provided that the expression " Gars-
ton Dock," used in sect. 13 of the Act of 1864, should comprise the
new docks authorised by the Act of 1867 ; that the expression "dock
dues" and " charges for the use of the dock " should comprise the
charges imposed in the schedule ; and that the expression ' ' the
railways hereby transferred " should mean the then existing lines
of the St. Helens Eailway, and all other railways, tramways, and
sidings in connection with the docks authorised by the Act of 1867 ;
and nothing in the Act was to authorise the railway company to
receive any further toll, rate, or charge in respect of any matters
mentioned in the incorporated sections so far as regards the docks
thereby authorised, than the maximum toll, rate, or charge by the
said sections and by Schedule B. to the Act of 1867 authorised.
The section then goes on to provide a maximum dock tonnage
rate of 2</. per ton register on entry to the docks, receivable from
the owners of vessels carrying cargo for any traders or persons
entitled to the privileges in the said sections accorded ; and also that
no dock tonnage rate should be payable by persons on lighters
carrying cargo from or to any other part of the port of Liverpool
for the service of vessels loading or unloading in the said docks.
Srhnlulr B. contains a dock tonnage rate of 2d. per ton on vessels
to and from all places.
Saving of Tlie maximum rates for conveyance for iron
and steel :m<l steel articles in classes P>. jnid C. of the
classification shall not exceed upon the portions
LONDON AND NORTH WESTERN RAILWAY.
271
of the railway respectively governed by the
London and North Western Railway Amalgama-
tion Act, 1846 (9 & 10 Viet, c. 204), and the
Stour Valley Railway Act, 1846 (9 & 10 Viet,
c. 328), the rates by those Acts respectively
authorised.
The rates for conveyance of iron and steel authorised by the
London and North Western Railway Co. Amalgamation Act, 1846
(9 & 10 Viet. c. 204), are as follows :
DESCRIPTION.
If Conveyed for a
Distance of 50 Miles
or upwards.
If for any less
Distance than
60 Miles.
For iron not damageable % .
Per Ton per Mile.
1
Per Ton per Mile.
d.
U
For damageable iron, sheet iron,
hoop iron, and all other similar
descriptions of -wrought iron ....
For metals, nails, anvils, vices, and
H
2
2
24
This Act amalgamated the London and Birmingham, Grand
Junction, and Manchester and Birmingham Eailway Companies
and applied to their railways.
The rates for conveyance of iron and steel authorised by the
Stour Valley Act, 1846 (9 & 10 Viet. c. 328), are as follows :
DESCRIPTION.
Hoop iron, sheet iron, wire iron, and heavy iron cast-
ings, including railway chairs
Per Ton per Mile.
d.
2
li
3
Pig iron, bar iron, rod iron, plates of iron, slabs,
Metals (except iron nails), anvils, vices, and chains
and light castings
The Stour Valley Act, 1847, applies to a railway commencing by
a junction with the London and Birmingham Eailway in the
parish of Aston, and terminating by a junction with the Grand
Junction (Birmingham to Warrington) Eailway in the parish of
272
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Bushbmy, and a railway commencing with a junction with the
last-mentioned (Aston to Bushbury) railway in the parish of
Halesowen, and terminating at or near to the town of Dudley.
Whitehaven Notwithstanding anything in this Order, the
Junction and t p > f
Cockermouth following provisions with respect to the traffic
and Working- . F *
ton Railways, specified in Classes A. and r>. passing over the
Whitehaven Junction (Whitehaven and Mary-
port) and Cockermouth and Workington Rail-
ways or any portion of such railways shall apply
and have effect :
(a) In respect of waggons provided by the
company for the conveyance of traffic
specified in Class A., the company shall
be entitled to demand and receive a charge
of one farthing per ton per mile.
(b) In respect of the traffic specified in Classes
A. and B., and of waggons provided by
the company for the carriage thereof which
shall be conveyed for a less distance than
four miles, the company may demand and
receive rates and charges as for four miles
at the least irrespective of the place of
origin or destination of such traffic.
(c) No charge shall be made by the company
for the mere delivery of trucks into and
upon a siding not belonging to the com-
pany over the junction between the rail-
way and such siding, or for the haulage
of trucks from and off such a siding over
the junction on to the railway of the
company.
Hardware. With respect to the articles and things set forth
under the headings Hardware and Hollow ware
LONDON AND NORTH WESTERN RAILWAY.
273
in Class 3 of the classification, the maximum rates
for conveyance over the railways governed by the
London and North Western Railway Amalgama-
tion Act, 1846 (9 & 10 Viet. c. 204), and the
Birmingham, Wolverhampton, and Stour Valley
Railway Act, 1846 (9 & 10 Viet. c. 328), shall be
twopence halfpenny per ton per mile if conveyed
for any less distance than 50 miles, and twopence
per ton per mile if conveyed for a distance of
50 miles or upwards, provided always that where
such articles and things are conveyed for any
distance exceeding 49 miles the company may
charge as for 49 miles at the least.
See note, ante, p. 271.
PART I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Class A.
SCALE I. Applicable to such portions of the Railway as are not hereinafter specially
mentioned.
A
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For the first
20 Miles,
or any part
of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the next
50 Miles,
or any part
i>f MICh
Distance.
For
the re-
iiiuiii Irr
of the
Distance.
Station
Terminal
at each
End.
Service Terminals.
Loading.
Unload-
ing.
Covering.
Uncover-
ing.
Per Ton
per Mile.
d.
0-95
Per Ton
per Mile.
d.
0-85
Per Ton
per Mile.
d.
0-50
Per Ton
per Mile.
d.
0-40
Per Ton.
*. d.
3
PerTon.
s. d.
Per Ton.
s. d.
PerTon.
d.
PerTon.
d.
D.
274
PROVISIONAL ORDERS SPECIAL PROVISIONS.
SCALE II. Applicable to the Railways herein specially mentioned.
Maximum Rate
for Conveyance
Per Ton per
Mile.
Maximum
Station
Terminal at
d.
Sirhowy -875
South Staffordshire :
Dudley to Wichnor, and branches to Bes-
cot, Dudley Port, Cannock, and Leigh-
wood
Wednesbury to Tipton and James Bridge.
Norton Branch and Extension
Littleworth Extension
Merthyr, Tredegar, and Abergavenny:
Abergavenny to Nantybwch, Merthyr Ex-
tension, and Cwm Bargoed Branch ....
Nantyglo and Blaina
Brynmawr and Blaenavon :
Brynmawr to Blaenavon and Abersychan
Extension
Whitehaven Junction :
Whitehaven to Maryport
Cockermouth and Workington
The Dowlais and Merthyr Railway, jointly . 9 -
owned by the Company and the Brecon j
and Merthyr Tydfil Junction Railway
Company
The Nantybwch and Rhymney Railway,
jointly owned by the Company and the
Rhymney Railway Company
The Charnwood Forest Railway, worked by
the Company
South Leicestershire :
Nuneaton to Wigston
Mold Junction to Mold and Coed Talon ....
Carnarvon to Llanberis
The Mold and Denbigh Junction Railway,
worked by the Company
Carnarvon Junction to Afonwen Junction . .
Nantlle Branch
Chester and Holyhead
Bangor and Bethesda
Stockport Junction to Buxton
Cromford and High Peak
Buxton and High Peak Junctions
Ashbourne and Buxton
Lancaster and Carlisle, including Ingleton,
Morecambe, and Glasson Dock Branches . .
Provided lliat with iv^rnl to the Sirhowy
Ivail wiiy, the company shall with respect to
merchandise in Class A. conveyed for a less
LONDON AND NORTH WESTERN RAT LAV AY.
275
distance than four miles, liuvr power to charge
as for four miles at the least, irrespective of the
place of origin or destination of the traffic.
SCALE LTI. Applicable, to the Cannock Chase Railway.
For the whole or any portion of the Cannock Cannock
Chase Railway, the company may charge a maxi-
mum rate of 9^7. per ton, except with regard to
merchandise passing along and from the railway
secondly described in and authorised by the
Cannock Chase Railway Act, 1860, on to the
Littleworth Tramway, and not having passed
along any part of the railway firstly described in
the said Act, for which merchandise they may
charge a maximum rate of 4'50c/. per ton.
(b) Rates and Terminals in respect of Merchandise comprised
in Classes B., C., 1, 2, 3, 4, and 5.
SCALE I. Applicable to such portions of the Railway as are not hereinafter specially
mentioned.
J
MAXIMUM TERMINALS.
MAXIMUM RATES FOR CONVEYANCE.
2
Service Terminals.
Vl
ll
If
udraoo
For the first
I'M Miles, or
any part
of >uch
Distance.
For the next
30 Miles, or
any part
of such
Distance.
For the next
50 .Miles, or
any part
of such
Distance.
For the
re-iir under
of the
Distance.
Station To
each
ti
1
1
f
a
p
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s, d.
d.
d.
B.
1-25
1-0
0-80
0-50
6
__
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1
2
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2
3
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3
4
3-60
3-15
2-50
2-20
1 6
1414
3
3
4
5
4-30
3-70
3-25
2-50
1 6
1818
4
4
5
276
PROVISIONAL ORDERS SPECIAL PROVISIONS.
L.
Ry. contd.
Whitehaven
Junction.
( c )
Terminals in respect of Merchandise
comprised in Class B.
SCALE LT. Applicable to the Railways herein specially mentioned.
Maximum Rate
per Ton per
Mile
Station
Terminal
at each End.
Whitehaven Junction :
Whitehaven to Maryport, Cockermouth,
and Workington
d.
1-50
s. d.
6
Provided always that with regard to mer-
chandise in Class B. conveyed upon the White-
haven Junction or Cockermouth and Working-ton
Railways or any portion thereof for which the
company do not provide waggons, the maximum
rate for conveyance before mentioned shall be
reduced by the sum of ^d. per ton per mile.
LONDON AND SOUTH WESTERN RAILWAY. 277
[54 & 55 Viet. cap. ccxvi.]
LONDON AND SOUTH WESTERN
RAILWAY.
[NOTE. The Provisional Order applicable to the London and Short title.
South Western Railway Company may be cited as "The London
and South Western Railway Company (Bates and Charges) Order,
1891," and the Act confirming it as "The London and Southwestern
Railway Company (Rates and Charges) Order Confirmation Act,
1891."
Commencement of the Order 1st August, 1892, or such later date Commence-
as the Board of Trade direct. Now postponed to 1st Jan. 1893.] men t.
Companies to which the London and South Western
Railway Rates apply, being the Appendix to the
London and South Western Railway Company' } s
Schedule.
The Weymouth and Portland Railway Company ,
in respect of the Weyinouth and Portland Railway.
The Plymouth and Dartmoor Railway Company,
in respect of the Plymouth and Dartmoor Railway.
The Stonehouse Port Improvement Company,
in respect of the Stonehouse Port Railway.
The Somerset and Dorset Railway Company,
in respect of the Somerset and Dorset Railway.
The North Cornwall Railway Company, in
respect of the North Cornwall Railway.
The Salisbury Railway and Market House
Company, in respect of the Salisbury Market
Branch Railway.
PROVISIONAL ORDERS SPECIAL PROVISIONS.
The Bridgwater Railway Company, in respect
of the Bridgwater Railway.
The Plymouth, Devonport, and South Western
Junction Railway Company, in respect of the
Plymouth, Devonport, and South Western Junc-
tion Railway.
The Sidmouth Railway Company, in respect of
the Sidmouth Railway.
The Midland Railway Company, in respect of
the Midland and London and South Western
Joint Corfe Mullen Junction Railway.
The London, Brighton, and South Coast Railway
Company, in respect of the following joint lines:
Joint Portsmouth Railway.
Isle of Wight and Ryde Pier Railway.
Southsca Railway.
Tooting, Merton, and Wimbledon Railway.
Epsom and Leatherhead Railway.
MAXIMUM BATES AND CHAEGES.
Where the distance over which merchandise
is conveyed consists in part of a line or lines of
UK; company to which one scale, and in part of
a line or lines to which another, or more than one
other scale of rules is applicable, the maximum
char ire, for cadi portion of the entire distance
si in 11 he calculated at the maximum rate which,
according to the scale applicable to such portion,
would be chargeable for the entire distance.
LONDON AND SOUTH WESTERN RAILWAY.
279
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., C.
SCALE I. Applicable to such portions of the Railway as are not hereinafter
specially mentioned.
rjj
8 J
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
rhandis
dermen
For Consignments, except as otherwise
provided in the Schedule.
Service Terminals.
** S
Station
Tn rrspoct of M
prised in the i
The first
JO Miles, or
any part
of such
Distance.
For the
ne\.t
30 Miles, or
any part
of such
Distance.
For the
next
50 Miles, or
any part
of such
Distance,
For the
remainder
of the
Distance.
Termi-
nal at
each
End.
1
P
Covering.
I
p
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-50
0-95
0-75
0-60
3
A.
B.
1-60
MO
0-85
0-70
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
SCALE II. Applicable to the portions of the Railway herein specially mentioned.
MAXIMUM
RATES FOB
MAXIMUM TERMINALS.
CONVEYANCE.
In respect
of Mer-
Service Terminals.
chandise
comprised in
the under-
mentioned
CliiSS6S
For Consign-
ments, except
as otherwise
Station
Termi-
nal at
&i>
j
provided in
the Schedule.
each
End.
|
Q
1
o
a
P
1
Per Ton
Per
Per
Per
Per
Per
Nine Elms to Surbiton . .
1
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
Wimbledon to Putney . .
d.
8. d.
d.
d.
d.
d.
Clapham Junction to Felt-
A.
1-90
3
ham Junction
Barnes to Felth am Junction
[ B.
2-00
6
__
flooo line)
C.
2-20
1
3
3
i
1
Hammersmith Junction to
Richmond Junction ....
Twickenham to Maiden . .
J
280
PROVISIONAL ORDERS SPECIAL PROVISIONS.
L. & S. "W. Railway continued.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
Iln respect of Merchandise com-
prised in the under-mentioned
Cl :
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
1.
For Consignments, except as otherwise provided
in the Schedule.
Station
Termi-
nal at
each
End.
Service Terminals.
For the
first
20 Miles,
or any
part
of such
Distance.
For the
next
30 Miles,
or any
part
of such
Distance.
For the
next
60 Miles,
or any
part
of such
Distance.
For the
remainder
of the
Distance.
j
Unloading.
Covering.
Uncovering.
1.
Per Ton
per Mile.
d.
2-25
Per Ton
per Mile.
d.
1-90
Per Ton
per Mile.
d.
1-65
Per Ton
per Mile.
d.
1-35
Per
Ton.
s. d.
Per
Ton.
s. d.
Per
Ton.
s d.
Per
Ton.
d.
1-50
Per
Ton.
d.
1-60
1 6
5
5
2.
2-75
2-35
2-05
1-65
1 6
8
8
2
2
2.
3.
3-10
2-80
2-50
2-10
1 6
1
1
2
2
3.
4.
3-75
3-35
3-15
2-50
1 6
1 4
1 4
3
3
4.
6.
4-30
3-90
3-80
3-00
1 6
1 8
1 8
4
4
5.
LONDON, BRIGHTON, AND SOUTH COAST RAILWAY. 281
[54 & 55 Viet. cap. ccxvii.]
LONDON, BRIGHTON, AND SOUTH COAST
RAILWAY.
[NOTE. The Provisional Order applicable to the London, Short title.
Brighton, and South Coast Bailway Company may be cited as
" The London, Brighton, and South Coast Eailway Company (Eates
and Charges) Order, 1891," and the Act confirming it as " The Lon-
don, Brighton, and South Coast Bailway Company (Eates and
Charges) Order Confirmation Act, 1891."
Commencement of Order 1st August, 1892, or such later date as Comtnence-
the Board of Trade direct. Now postponed to 1st Jan. 1893.] ment -
Companies to which the London, Brighton, and South
Coast Railway Rates apply, being the Appendix
to the London, Brighton, and South Coast Rail-
way Company' } s Schedule.
The South Eastern Railway Company in re-
spect of the following joint railways:
The Croydon and Oxted Railway.
The Woodside and South Croydon Railway.
The Bricklayers' Arms Railway.
The railway between London Bridge and
Corbett Lane Junction.
The railway between Coulsdon and Redhill.
The railway between Bo-peep Junction and
Hastings.
The London, Chatham, and Dover Railway
Company in respect of the railway between
Wandsworth Road and Loughborough Park.
The London and South Western Railway Com-
pany in respect of the railway between Pease-
marsh Junction and Guildford.
282
PROVISIONAL ORDERS SPECIAL PROVISIONS.
The Hayling Railway Company in respect of the
Hayling Railway.
The Brighton and Dyke Railway Company in respect of
the Brighton and Dyke Railway.
MAXIMUM EATES AND CHAEGES.
Where the distance over which merchandise is conveyed
consists in part of a line or lines of the company to which
one scale, and in part of a line or lines to which another
or more than one other scale, of rates is applicable, the
maximum charge for each portion of the entire distance
shall be calculated at the maximum rate which, according
to the scale applicable to such portion, would be chargeable
for the entire distance.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
SCALE I. Applicable to such portions of the Railway as are not hereinafter speck
mentioned.
iii tho undermentioned Classes.
MAXIMUM RATES FOE CONVEYANCE.
Station
Termi-
nal at
each
End.
MA:
CIMUM Tl
Se
-RMINALS
rvice Tei
>
I
Uncovering.
For Consignments except as otherwise
provided in the Schedule.
For the
first
20 Miles,
or any
part of
such
Distance.
For the
next
30 Miles,
or any
part of
such
Distance.
For the
oert
60 Miles,
or any
part of
such
Distance.
For the
remainder
of the
DiM.-miv.
Per Ton
per Mile.
Per Ton
per Mile.
d.
Per Ton
pet Mile.
d.
Per Ton
per Mile.
d.
Per
Ton.
*. d.
Per
Ton.
d.
Per
Ton.
d.
Per
Ton.
d.
Per
Ton.
d.
A.
1-60
0-95
0-75
0-60
3
A.
B.
1-60
1-10
0-85
0-70
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
LONDON, BRIGHTON, AND SOUTH COAST RAILWAY.
283
:.E II. Applicant- 1o tin- 2>i-fi<)8 of the Rniltctty herein specially u ntioned.
() London Bridge to Croydon (in-
cluding junction with Brick-
layers' Arms Railway and junc-
tions with South London Rail-
way at Old Kent Road)
(b) South London Line
(c ) Bricklayers' Arms Railway ....
(rf) Thames Junction Railway (Dept-
ford Wharf Branch), including
junction with main line at New
Cross, and with South London
Line at Old Kent Road
(e) Victoria to Croydon, including
branch to Battersea Wharf,
branch from Balham to Norwood
Junction and Selhurst, Norwood
Spur, branch from Streatham
Junction to Tooting Junction,
Crystal Palace, and Sydenham
Spur, Streatham Spurs, Tulse
Hill Spurs
(/) The Tooting, Morton, and
Wimbledon Railway (Tooting
Junction via Wimbledon, to
Tooting Junction)
(g] Wimbledon and Croydon Rail-
way (Wimbledon to Croydon) . .
(h) The railway from Peckham Rye
to Mitcham Junction, via Tulse
Hill .,
MAXIMUM
RATES FOB
MAXIMUM TERMINALS.
CON vi
"3 .
Service Terminals.
For Consign-
J3fi
ments except
as otherwise
EH|
6i
I
i
1
pvovidrd in
the Schedule.
11
1
1
1
02
$
^
1
*
Per Ton per
Per
Per
Per
Per
Per
Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
s. d.
d.
d.
d.
d.
1-90
3
2-00
6
2-20
1
3
3
1
1
284
PROVISIONAL ORDERS SPECIAL PROVISIONS.
L. B. & S. C. Railway continued.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
In respect of Merchandise com-
jiri-i'd in the under-mentioned
ClasM's.
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
1
Service Terminals.
-
For the first
SOMflee,
or any part
of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the next
on Mil-s,
or any part
of such
Distance.
For the
remainder
of the
Distance.
I
1
tc
Uncovering.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
I.
d.
2-25
d.
1-90
d.
1-65
d.
1-35
s. d.
1 6
s. d.
5
s. d.
5
d.
1-50
d.
1-50
2.
2-75
2-35
2-05
1-65
1 6
8
8
2
2
3.
3-10
2-80
2-50
2-10
1 6
1
1
2
2
4.
3-75
3-35
3-15
2-50
1 6
1 4
1 4
3
3
5.
4-30
3-90
3-80
2'90
1 6
1 8
1 8
4
4
285
[54 & 55 Viet. cap. ccxviii.]
LONDON, CHATHAM AND DOVER
RAILWAY.
[NOTE. The Provisional Order applicable to the London, Chat- Short title,
ham and Dover Bail way Company may be cited as " The London,
Chatham and Dover Railway Company (Rates and Charges) Order,
1891," and the Act confirming it as " The London, Chatham and
Dover Railway Company (Rates and Charges) Order Confirmation
Act, 1891."
Commencement of the Order 1st August, 1892, or such later date Commence-
as the Board of Trade direct. Now postponed to 1st Jan. 1893.] mfcnt -
Companies to which the London, Chatham and Dover
Railway rates apply, being the Appendix to the
London, Chatham and Dover Railway Company* s
Schedule.
The Victoria Station and Pimlico Railway
Company, in respect of the Victoria Station and
Pinilico Railway.
The London, Brighton, and South Coast Rail-
way Company, in respect of the line between
Barrington Road Junction, Brixton, and Cow
Lane Junction, Peckham.
The London, Brighton, and South Coast Rail-
way Company, in respect of the line between the
Norwood Spur Junction and the Norwood Junc-
tion Station, and between the Crystal Palace
Line Junction and the Crystal Palace Station.
The Mid Kent (Bromley to St. Mary Cray)
286
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Allowances.
Different
Railway Company, in respect of the Mid Kent
(Bromley to St. Mary Cray) Railway.
The South Eastern Railway Company, in
respect of the Dover and Deal Joint Railway.
MAXIMUM BATES AND CHAEGES.
In calculating the distance over which any mer-
chandise is conveyed, and for all purposes of rates
and charges, the City Lines Undertaking from
West Street Junction to Earl Street, authorised
by the London, Chatham and Dover Railway
(City Undertaking) Act, 1864, is to be calculated
as two and a half miles ; the Victoria Station
and Pimlico Railway, authorised by the Victoria
Station and Pimlico Railway Act, 1858, is to be
calculated as six miles ; the Metropolitan Exten-
sion Line, between Earl Street and Walworth
Road, is to be calculated as six miles ; and the
railway between Wandsworth Road and the junc-
tion with the Victoria Station and Pimlico Rail-
way is to be calculated as six miles.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of
railway to which one scale, and in part of a line
or lines to which another, or more than one other
scale of rates is applicable, the maximum diaruv
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
LONDON, CHATHAM AND DOVER RAILWAY. 287
FAHT I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of the Merchandise
comprised in Classes A., B., and C.
SCALE I. Applicable to such portions of the Railway as are not hereinafter specially
mentioned.
li
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the (Schedule.
Service Terminals.
Station
For the
For the
For the
Termi-
t hr lllnli-1
first
or any
part of
such
next
30 Miles,
or any
part of
such
next
50 Miles,
or any
part of
such
For the
remainder
of the
Distance,
nal at
each
End.
fcb
a
*3
I
t
I
1
- c
'~
Distance.
Distance.
Distance.
I
d
P
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
*. d.
s. d.
d.
d.
A.
1-50
0-95
0-75
0-60
3
A.
B.
1-60
1-10
0-85
0-70
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
SCALE H. Applicable to the portions of the Railway herein specially mentioned.
1 8
MAXIMUM TERMINALS.
MAXIMUM RATES FOR
Jj J
CONVEYANCE.
Swl
Service Terminals.
P
For other Consign-
Station
Termi-
nal at
fcb
P< o F
ments, except as
each
to
rrt
H
rt C
otherwise provided
in the Schedule.
End.
1
1
|
A *
3
g
a
P
Per Ton per Mile.
Per
Per
Per
Per
Per
Ton.
Ton.
Ton.
Ton.
Ton.
The City Lines
]
d.
s. d.
d.
d.
d.
d.
From West Street Junc-
A.
1-90
3
tion with the Metro-
IB.
2-00
6
politan Rail way to Earl
Street, Blackfriars
re.
J
2-20
1
3
3
1
1
PROVISIONAL ORDERS SPECIAL PROVISIONS.
SCALE TL continued.
%
MAXIMUM TERMINALS.
; 1
MAXIMUM EATES FOR
* Ja-2
CONVEYANCE.
1=2
Service Terminals.
"11
Station
Termi-
In respect
compi
undermeii
For other Consign-
ments except as
otherwise provided
in the Schedule.
nal at
each
End.
A
fcc
p
Covering.
Uncovering
The Metropolitan Exten-
Per Ton
Per
Per
Per
Per
Per
sion Lines
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
From Earl Street to
Penge Junction ; to
Victoria Bridge Junc-
tion ; to Lavender Hill
Junction; toTulseHill
Junction ; from Herne
Hill to Brixton ; from
Shepherd' s Lane Junc-
tion to Barringtou
Road Junction, Brix-
ton ; and from Nun-
d.
s. d.
d.
d.
d.
d
head Junction to
1 -QA
00
The Victoria Station and
.
i yu
9
~
Pimlico Line of the
Victoria Station and
Pimlico Railway Com-
From Victoria Station to
the junctions with the
B.
2-00
6
-
Metropolitan Exten-
sion Lines of the Lon-
don, Chatham, and
Dover Company on the
south side of the Vic-
toria Railway Bridge
over the River Thames
C.
2-20
1
3
3
1
1
The Crystal Palace and
South London Junc-
tion Line
From Cow Lane Junction
to the Crystal Palace. .
The railway from the Cry-
stal Palace Line Junction
to Shortlands Junction. .
The railway of the Mid
Kent (Bromley to St.
Mary Cray) Railway
-
LONDON, CHATHAM, AND DOVER RAILWAY.
289
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
1
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
il
11
Merchan
under-i
For Consignments, except as otherwise
provided in the Schedule.
Is
Service Terminals.
respect of
prised in th
Classes.
For the first
20 Miles,
or any part
of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the next
50 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
w
B
fcC
p
1
to
1
!
02
5
P
a
P
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d
d
d
d.
s. d.
s. d.
s. d.
d.
d.
1.
2-25
1-90
1-65
1-35
1 6
5
5
1-50
1-50
i.
2.
2-75
2-35
2-05
1-65
1 6
8
8
2
2
2.
3.
3-10
2-80
2-50
2-10
1 6
1
1
2
2
3.
4.
3-75
3-35
3-15
2-50
1 6
1 4
1 4
3
3
4.
5.
4-30
3-90
3-80
2-90
1 6
1 8
1 8
4
4
5.
D.
U
PROVISIONAL ORDERS SPECIAL PROVISIONS.
[55 & 56 Viet. cap. xlix.]
LONDON, TILBURY, AND SOUTHEND
RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the London, Tilbury,
and Southend Railway Company, and the other Companies next
mentioned, may be cited as ' ' The Eailway Eates and Charges, No. 1 1
(London, Tilbury, and Southend Eailway, &c.) Order, 1892," and
the Act confirming it as " The Eailway Eates and Charges, No, 11
(London, Tilbury, and Southend Eailway, &c.) Order Confirmation
Act, 1892."
Commencement of the Order 1st January, 1893, or such later date
as the Board of Trade direct.]
MAXIMUM EATES AND CHAEGES
APPLICABLE TO THE
London, Tilbury and Southend Railway Com-
pany,
Burry Port and Gwendraeth Valley Railway
Company,
Colne Valley and Halstead Railway Company,
East and West Junction Railway Company,
Eastern and Midlands Railway Company,
Evesliam, Redditch and Stratford-on-Avon
Railway Company,
Felixstowe Railway and Dock Company,
Gwendraeth Valley Railway Company,
King's Lynn Docks and Railway Company,
Mellis and Eye Railway Company,
Northampton and Banbiuy Junction Railway
Company,
LONDON, TILBURY, AND SOUTHEND RAILWAY.
291
Ramsey and Somersliam Junction Railway Company,
Tottenham and Hampstead Junction Railway Company,
and the
Wivenhoe and Brightlingsea Railway Company.
PABT I. GOODS AND MINERALS.
In respect of Merchandise
comprised in the under-
mentioned Cl 11.- SCS.
MAXIMUM BATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
For the
first
20 Miles,
or any part
of such
Distance.
For the
next
30 Miles,
or any part
of such
Distance.
For the
[next
50 Miles,
or any part
of such
Distance.
For ,the
remainder
of the
Distance.
A
to
Covering.
Uncovering.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
A.
1-15
d.
0-90
d.
0-45
d.
0-40
s. d.
3
s. d.
s. d.
d.
d.
A.
B.
1-40
1-05
0-80
0-55
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
u.2
292
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[55 & 56 Viet. cap. 1.]
MANCHESTER, SHEFFIELD, AND LIN-
COLNSHIRE RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Manchester,
Sheffield, and Lincolnshire Railway Company, and the other Com-
panies next mentioned, may be cited as ' ' The Railway Rates and
Charges, No. 12 (Manchester, Sheffield, and Lincolnshire Railway,
&c.) Order, 1892," and the Act confirming it as " The Railway Rates
and Charges, No. 12 (Manchester, Sheffield, and Lincolnshire Rail-
way, &c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Manchester, Sheffield, and Lincolnshire Railway
Company,
Liverpool, Southport, and Preston Junction
Railway Company,
Macclesfield Committee,
And also to the following Companies comprised in the
Appendix to the Manchester, Sheffield, and Lin-
colnshire Railway Company* s Schedule.
The Wigan Junction Railways Company, in re-
spect of the Wigan Junction Railways ;
The Great Northern Kail way Company, the Man-
chester, Sheffield, and Lincolnshire Railway
Company, and the Midland Railway Com-
pany, in respect of the Cheshire Lines Rail-
ways ;
The Great Northern Railway Company, the Man-
chester, Sheffield, and Lincolnshire Railway
MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE RAILWAY. 293
Company, the Midland Railway Company,
and the Southport and Cheshire Lines Exten-
sion Railway Company, in respect of the
Southport and Cheshire Lines Extension
Railway ;
The London and North Western Railway Coin-
Einy, and the Manchester, Sheffield, and
incolnshire Railway Company, in respect of
the Manchester South Junction and Altrin-
cham Railway and the Oldham, Ashton, and
Guide Bridge Junction Railway;
The Manchester, Sheffield, and Lincolnshire Rail-
way Company and the Midland Railway
Company in respect of the Sheffield and
Midland Committee Lines ;
The Great Northern Railway Company and the
Manchester, Sheffield, and Lincolnshire Rail-
way Company, in respect of the West Riding
and Grimsby Railway.
Where the distance over which merchandise is
scales.
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall be
calculated at the maximum rate which, according
to the scale applicable to such portion, would be
chargeable for the entire distance.
In calculating the distance for the purpose of the Allowances,
maximum charge for conveyance of any merchan-
dise, mineral, animal, or other traffic hereafter men-
tioned, the bridge which carries the railway over
the River Trent, as constructed under the South
294
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Yorkshire Railway Amendment Act, 1861, shall be
calculated at a distance of one mile in respect of
Classes A. and B., and in respect of all the other de-
scriptions of traffic, whatsoever the distance, shall
be calculated as half a mile, and the portion of the
Manchester South Junction and Altrincham Rail-
way between Ordsall Lane and London Road, or
any part thereof, shall be calculated as three miles.
PAET I. GOODS AND MINERALS.
SCALE I. Applicable to the Oldham, Ashton and Guide Bridge
Junction Railway, in respect of Merchandise in Class A.
MAXIMUM RATE FOB CONVEYANCE.
MAXIMUM STATION TERMINAL AT EACH EXD.
Per Ton per Mile.
i-2W.
Per Ton.
3d.
SCALE II. Applicable to the Macclesfield Committee in respect of Merchandise
comprised in Classes A. and B.
II
8
I' 9 8
1 '*
o - *
^ c
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TEBMINALS.
For Consignments, except as otherwise
provided in the Schedule.
1
?l
|i
Service Terminals,
For the first
20 Miles,
or any
part of such
Distance.
For the next
:i<>Mil.-s
or any part
of such
Distance.
For the next
60 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
!
be
p
s
a
P
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
A.
d.
1-15
d.
0-90
d.
0-45
d.
0-40
d.
3
d.
t.
*
d.
A.
B.
1-25
1-00
0-80
0-50
6
B.
MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE RAILWAY.
295
SCALE III. Applicable, save as hereinbefore specially mention^!.
In respect of Merchandise com-
prised in the under-mentioned
Classes.
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
-
For the first
20 Miles,
or any
part of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the next
50 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
!
P
Covering.
Uncovering.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Pei-
Ton.
Per
Ton.
Per
Ton.
A.
d.
1-00
d.
0-85
d.
0-50
d.
0-40
s. d.
3
s. d.
*. d.
d.
d.
A.
B.
1-40
1-00
0-80
0-50
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
o
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
. 2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
296
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
Different
scales.
[55 & 56 Yict. cap. li.]
METROPOLITAN RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Metropolitan
Railway Company may be cited as "The Railway Rates and Charges,
No. 13 (Metropolitan Railway, &c.) Order, 1892," and the Act con-
firming it as "The Railway Rates and Charges, No. 13 (Metropolitan
Railway, &c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later date
as the Board of Trade direct.]
Companies to which the Metropolitan Railway Com-
pany's Schedule applies, Icing the Appendix to
the Metropolitan Raihvay Company's Schedule.
The Great Western Railway Company and the
Metropolitan Railway, in respect of the Hammer-
smith and City Joint Railway ;
The Metropolitan Railway Company and the
Metropolitan District Railway Company, or either
of these companies as the case may be, in respect
of the City Lines and Extensions Railways.
MAXIMUM RATES AND CHARGES.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rafcMvhich, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
MKTKOroLlTAN RAILWAY. 297
With regard to the following portions of the
railway :
The Metropolitan Inner Circle Railway from
junction with the District Railway at Man-
sion House Station to junction with the Dis-
trict Railway at South Kensington, including
junction with the Great Western Railway at
Bishop's Road ;
From Minories Junction with Inner Circle Line
to Whitechapel Junction with East London
Line, and junction with District Railway
Company's Whitechapel Spur Line ;
The North Curve Junction Line from the Inner
Circle Line, near Aldgate Station, to the
junction with the Extension Line at Aldgate
East Station ;
The junction line with Great Eastern Railway
at Bishopsgate ;
The Metropolitan Railway widened lines from
Moorgate Street Station to junction with
Great Northern and Midland Railways at
King's Cross, and junctions with London,
Chatham, and Dover Railway at West Street
and Snow Hill ;
The junction line with St. John's Wood Line at
Baker Street ;
The company shall, with respect to all merchan-
dise conveyed thereon for any distance greater
than two miles, have power to charge for every
mile or fraction of a mile as for three miles, and
with respect to all merchandise conveyed thereon
for any distance not exceeding two miles, the
company shall have power to charge as for six
298 PROVISIONAL ORDERS SPECIAL PROVISIONS.
miles, irrespective in either case of the place of
origin or destination of the traffic.
With regard to the following portions of the
railway :
The railway from Baker Street Station to
Kingsbury-Neasden Station, including the
junction line with Midland Railway at
Finchley Road ;
The Hammersmith and City Railway ;
The company shall with respect to all merchan-
dise conveyed thereon for any distance greater
than three miles have power to charge for every
mile or fraction of a mile as for two miles, and
with respect to all merchandise conveyed thereon
for any distance not exceeding three miles the
company shall have power to charge as for six
miles, irrespective in either case of the place of
origin or destination of the traffic.
Provided always, that section 11 of this Schedule
shall not apply to the portions of the railway
hereinbefore mentioned.
PAET I. GOODS AND MINERALS.
SCALE I. Applicable to the following portions of the Railway :
The Metropolitan Inner Circle Railway from
junction with the District Railway at Mansion
House Station to junction with the District Rail-
way at South Kensington, including junction with
the Great Western Railway at Bishop's Road.
From Minories Junction with Inner Circle Line
to Whitechapel Junction with East London Line,
METROPOLITAN RAILWAY.
299
and junction with District Railway Company's
Whitechapel Spur Line.
The North Curve Junction Line from the Inner
Circle Line, near Aldgate Station, to the junction
with the Extension Line at Aldgate East Station.
The junction line with Great Eastern Eailway
at Bishopsgate.
The Metropolitan Railway widened lines from
Moorgate Street Station to junction with Great
Northern and Midland Railways at King's Cross,
and junctions with London, Chatham, and Dover
Railway at West Street and Snow Hill.
The junction line with St. John's Wood Line at
Baker Street.
The railway from Baker Street Station to
Kingsbury-Neasden Station, including the junc-
tion line with Midland Railway at Finchley Road.
The Hammersmith and City Railway.
SCALE I.
MAXIMUM RATES FOB
CONVEYANCE.
MAXIMUM TERMINALS.
^
For Consignments,
except as otherwise
provided in the
Schedule.
Station
Terminal
at each
End.
Service Terminals.
Loading.
Unload-
ing.
Covering.
Uncover-
ing.
Per Ton per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
*. d.
*. d.
*. d.
d.
d.
A.
1-90
3
__
A.
B.
2-00
G
B.
C.
2-20
3
3
1
1
C.
1.
2-50
6
5
5
1-50
1-50
1.
2.
2-75
6
8
8
2
2
2.
3.
3-10
6
1
1
2
2
3.
4.
3-75
G
1 4
1 4
3
3
4.
5.
4-30
G
1 8
1 8
4
4
5.
300 PROVISIONAL ORDERS SPECIAL PROVISIONS.
Metropolitan Railway con tin ued.
SCALE II. Applicable to all portions of the Railway not herein specially
mentioned.
Iln respect of Merchandise com-
prised in the under-mentioned
Classes.
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station
Termi-
nal at
each
End.
Service Terminals.
For the
first
20 Miles,
or any
part
of such
Distance.
Per Ton
per Mile.
For the
next
30 Miles,
or any
part
of such
Distance.
Per Ton
per Mile.
For the
next
50 Miles,
or any
part
of such'
Distance.
Per Ton
per Mile.
For the
remainder
of the
Distance.
Per Ton
per Mile.
1
Unloading.
Covering.
p
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton,
Per
Ton.
A.
d.
1-15
d.
0-90
d.
0-45
d.
0-40
s. d.
3
s. d.
s. d.
d.
d.
A.
B.
1-40
1-05
0-80
0-55
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
<>
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 G
8
8
2
2
>
3.
3'10
2-65
2-00
1-80
1 6
1
1
2
2
'
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
'
5.
4-30
3-70
3-25
2-60
1 6
1 8
1 8
4
4
>
MIDLAND RAILWAY. 301
[o4 & oo Viet. cap. ccxix.]
MIDLAND RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Midland Rail- short title.
way Company may be cited as " The Midland Railway Company
(Rates and Charges) Order, 1891," and the Act confirming it as
" The Midland Railway Company (Rates and Charges) Order Con-
firmation Act, 1891."
Commencement of Order 1st August, 1892, or such later date as Commence-
Board of Trade direct. Now postponed to 1st January, 1893.] raent -
Companies to which the Midland Schedule of Rates
applies, being the Appendix to the Midland
Schedule.
The Great Northern Railway Company in
respect of the following joint railways, viz. :
Bourn and Lynn Railway and Spalding
Junctions,
Peterborough, Wisbech, and Sutton Bridge
Railway,
Newark Curve,
Railway from Little Bytham to Bourn.
The North Eastern Railway Company in respect
of the Otley and Ilkley and the Swintoii and
Knottingley Joint Railways.
The London and North Western Railway Com-
pany in respect of the Ashby and Nuneaton Joint
Railways.
302 PROVISIONAL ORDERS SPECIAL PROVISIONS.
The Great Western Railway Company in respect
of the Bristol Port .Railway and the Halesowen
Railway.
The Halesowen Railway Company in respect
of the Halesowen Railway.
The Furness Railway Company in respect of
the Furness and Midland Joint Railways.
The Kettering, Thrapstone, and Huntingdon
Railway Company in respect of the Kettering,
Thrapstone, and Huntingdon Railway.
The Barnoldswick Railway Company in respect
of the Barnoldswick Railway.
The Cannock Chase and Wolverhampton Rail-
way Company in respect of the Cannock Chase
and Wolverhampton Railway.
The Sutton Bridge Dock Company in respect
of the railways forming part of the undertaking.
MIDLAND RAILWAY.
303
MAXIMUM EATES AND CHAKGES.
PART I. GOODS AND MINERALS.
Kates and Terminals in respect of Merchandise comprised
in Classes A., B., C., 1, 2, 3, 4, and />.
.!*
RATE FOR CONVEYANCE.
"S
SERVICE TERMINALS.
rc| .
t
j|J|
For the first
20 Miles,
or any part
of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the next
50 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
Station Ter
each Er
I
Unloading.
Covering.
P
"
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
(L
d.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-15
0-90
0-45
0-40
3
A.
B.
1-25
1-00
0-80
0-50
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
Provided that, in respect of the under-mentioned
railway, the power of the company to charge for
a distance of less than six miles shall have effect
as if the number of miles mentioned hereunder
were substituted for six miles (/) :
Swansea Vale Railway, from Swansea to Bryn-
amrnan, three miles.
(/) This does not seem to affect the power of the Midland Railway
Company to charge as for four and a-half miles, where the carriage
takes place between station and private siding, or vice versa.
304
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[55 & 56 Yict. cap. lii.]
MIDLAND AND SOUTH WESTERN JUNC-
TION RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Midland and
South Western Junction Railway Company and the Companies
next mentioned may be cited as ' ' The Railway Rates and Charges,
No. 14 (Midland and South Western Junction Railway, &c.) Order,
1892," and the Act confirming it as "The Railway Rates and
Charges, No. 14 (Midland and South Western Junction Railway,
&c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Midland and South Western Junction Railway
Company,
Golden Valley Railway Company,
Liskeard and Caradon Railway Company,
Liskeard and Looe Union Canal Company,
Manchester and Milford Railway Company,
Neath and Brecon Railway Company,
Redruth and Chasewater Railway Company,
Snailbeach District Railway Company,
Tal-y-llyn Railway Company,
and the
Wirral Railway Company.
MIDLAND AND SOI Til Wl-STKRN JUNCTION IJMLWAY.
PART I. GOODS AND MINERALS.
SCALE I. Applicable to the Liskeard and Caradon Railway Company, CD, I t/f
Ltskeard and Looe '///// ( \inal Compaui/.
In respect of Merchandise comprised in Class A.
Maximum Rate for Conveyance.
Maximum Station Terminal at each end.
Per Ton per Mile.
Per Ton.
3rf.
SCALE II. Applicable wiili the above exception.
In respect of ]U> <>m-
1 in the under-mentioned
ClAMM.
MAXIMTM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
For the first
20 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
For the next
30 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
For the next
50 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
fcb
Unloading.
Covering.
tb
u
Per Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
A.
d.
1-50
d.
0-90
d.
0-40
d.
0-35
s. d.
3
s. d.
s. d.
d.
d.
A.
B.
1-60
1-20
0-80
0-50
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
Provided that in respect of the Neath and Brecon Kail-
way, the power of the company to charge for a distance
less than six miles shall have effect as if four miles were
substituted for six.
306
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
Different
scales.
[55 & 56 Viet. cap. liii.]
NORTH EASTERN RAILWAY COMPANY(a).
[NOTE. The Provisional Order applicable to the North Eastern
Railway Company and the Companies next mentioned may be cited
as " The Railway Eates and Charges, No. 15 (North Eastern Rail-
way, &c.) Order, 1892," and the Act confirming it as "The Railway
Rates and Charges, No. 15 (North Eastern Railway, &c.) Order
Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
North Eastern Railway Company,
Forcett Railway Company,
Great North of England, Clarence and Hartle-
pool Junction Railway Company,
Scarborough, Bridlington, and West Riding
Junction Railway Company,
Scarborough and Whitby Railway Company,
and the
Marquis of Londonderry in respect of the Lon-
donderry (Seaham to Sunderland) Railway.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
(a) The General Conditions applicable to the North Eastern Railway are
similar not to the English but to the Scotch Railways, rind these will be
found, post, p. 33G. The maximum rates for animals, however, are the
n:\iw as the English companies, see p. 208.
NORTH EASTERN RAILWAY. 307
company to which one scale, and in part of a line
or lines to which another or more than one other
scale, of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
1. In respect of the railways in Middlesbrough ^ i( ^ d1 ^ 8 "
in the county of York, formerly known as the Owners'
Middlesbrough Owners' Railways, and referred
to in section 18 of the North Eastern Railway
Act, 1884, the North Eastern Railway Company
shall, in substitution for the rates and charges
authorised by this schedule, only be authorised to
demand and receive amounts not exceeding the
rates and charges which they are authorised to
charge under the provisions of the said last-
mentioned Act.
Sect. 18 of the North Eastern Railway Act, 1884, empowers the
company to acquire the Middlesbrough Owners' Railways, and
proceeds " The company may demand, receive, and take for or in
respect of the said railways, when acquired by them, and for or in
respect of all services rendered upon or in connexion therewith,
such reasonable tolls, rates, and charges, as they may from time to
time appoint, not exceeding the tolls, rates, and charges levied or
charged for the use of the said railways, or for any such services
respectively by the owners of the said railways at the time of the
acquisition thereof by the company.
" Notwithstanding anything in this Act contained, all corpora-
tions, companies, or persons, now entitled to any rights of user or
other rights or privileges on, over, or in respect of the said railways,
shall continue to be entitled to the same rights and privileges to the
same extent and subject to the same terms and conditions, and for
the same periods as they respectively would have been entitled
thereto if this Act had not been passed."
The section contains other provisions not affecting the carriage
of goods.
x2
308 PROVISIONAL ORDERS SPECIAL PROVISIONS.
ironstone on 9 Notwithstanding anything in this Order
Cleveland *
section. contained, the North Eastern Railway Company
shall not be entitled to demand or receive for the
conveyance of ironstone on the Cleveland section
of the railway any rates exceeding the following,
namely : For any distance not exceeding four
miles, 6d. per ton, and for distances upwards of
four miles, ld. per ton per mile. Provided that
the said expression, " Cleveland section of the
railway" means and includes the following por-
tions of the railway, namely :
(1) Hutton Junction to Whitby.
(2) Saltburn to Priestcroft Junction.
(3) Hutton Junction to the Normanby Jetty,
on the River Tees.
Saving. ,3. Nothing in this Order contained shall repeal
or affect section 38 of the Cleveland Railway Act,
1858, or section 20 of the Stockton and Darlington
Railway Act, 1859, or section 20 of the North
Eastern Railway Company's (Additional Powers)
Act, 1882.
These sections, so far as material, are as follows :
CLEVELAND KAILWAY ACT, 1858 (21 & 22 Yict. cap. cxiv.).
Sect. 38. "Provided always, that for all passengers, minerals,
and other articles or traffic respectively conveyed on the railway
first described" (i.e. from Cook's Ground, Guisbrough to the Hull,
Skinningrove) ' ' between the terminus of that railway in the parish
of Lofthouse, or any part of the said railway within one mile of
Huch terminus and the junction with the Middlesbrough and Guis-
brough U:iihv:iy, the company shall demand the tolls and charges
by tli is Act prescribed as for eight miles and a half only ; and with
respect to all such minerals, passengers, and other articles or traffic,
NORTH EASTERN RAILWAY.
conveyed on the railway, and also on any collateral branch railway
from Liverton to a junction with the railway at or near to Skin-
iiiiigrove, those tolls and charges shall include all charges by the
company for the working of that junction, and for all services per-
formed by them with respect to all such passengers, minerals, and
other articles respectively conveyed on that collateral branch
railway."
STOCKTON AND DARLINGTON EAILWAY ACT, 1859 (22 & 23 Viet,
cap. cxxvii.).
Sect. 20. "With respect to all ironstone or iron ore passing
along the Guisbrough branch of the company's railway or any part
thereof which shall be conveyed on the said branch, or the com-
pany's railway, for shipment at Middlesbrough in any craft or
vessel on the Eiver Tees, or in the company's dock, the company
shall not demand or receive for the same a toll exceeding one penny
farthing per ton for each mile travelled, and the toll to be so
received shall include the charges of the company for carriages and
locomotive power, and the toll to be demanded for shipment of the
ironstone or iron ore shall not exceed twopence half -penny per
ton."
NORTH EASTERN RAILWAY COMPANY'S ADDITIONAL POWERS ACT,
1882 (45 Viet. cap. 1.).
Sect. 20 empowers the company to abandon and sell " That por-
tion of their Cleveland Eailway in the townships of Normanby,
Upsall, and Guisbrough, and parishes of Eston, Ormsby, and Guis-
brough, in the North Hiding of the county of York, which lies
between a point about 350 yards south of Messieurs Bell Brothers,
Limited, Normanby Mines Spouts, and a point about 140 yards
east of the bridge carrying the Cleveland Eailway over the com-
pany's Middlesbrough and Guisbrough Eailway, except so much of
the said portion as extends for a distance of about 100 yards in a
westerly direction and for a distance of about 150 yards in an
easterly direction from the junction therewith of the Chaloner
Branch." And proceeds
"After such abandonment the company shall not be entitled to
demand or charge in respect of any articles, matters, or things,
carried by them to or from any works qr mines situated on, or
which might have been connected with the said portion of the
Cleveland Eailway if the same had not been abandoned, or any
portion of that railway eastward thereof, tolls, rates, or charges, as
PROVISIONAL ORDERS SPECIAL PROVISIONS.
for a greater distance than the distance for which they would have
been entitled to demand or charge tolls, rates, or charges, in case
such articles, matters, or things had been carried over the aban-
doned portion of the railway.
4. For the conveyance of merchandise on the
Railway No. 1, authorised by the North Eastern
Railway Company's (New Lines) Act, 1874 (a),
and known as the York Cattle Market Branch, the
North Eastern Railway Company may, in addition
to the rates and charges authorised by this sche-
dule, demand and receive the special or additional
rates and charges which they are authorised to
charge under the provisions of the said last-men-
tioned Act.
These additional rates and charges are as follows : 5. d.
For live stock traffic of all descriptions, per waggon -16
For coal, coke, lime, and materials for the repair of
public roads, per ton or any fractional part of a ton - 4
For traffic of every description, per ton or any fractional
part of a ton - - - - - - - -09
5. For the conveyance of merchandise conveyed
over any of the following short branch railways,
namely : The Newcastle Quayside Branch, the
Spital Dock (Tweedmouth) Branch, and the Tad-
caster (Ingleby's Mill) Branch, the North Eastern
Railway Company may demand and receive in
substitution for the rates authorised by this sche-
dule the sum of 6d. per ton.
Provided that if the company make the charges
authorised by section 10 of this schedule in respect
(a) 37 & 38 Viet. cap. cv. sect. 20.
NORTH EASTERN RAILWAY. 311
of traffic arising or terminating on the Newcastle
Quayside Branch Railway, they shall not demand
and receive the sum of 6d. per ton or any part of
such sum authorised by this Order for the con-
veyance of merchandise conveyed over the said
brunch, but the said branch shall for the purpose
of reckoning such short distance be considered as
part of the railway, and the rates for conveyance
prescribed by Part I., Scale I. shall apply thereto.
Sect. 10 of the North Eastern schedule (see post, p. 359) is the
section authorizing a charge as for 6 miles, 4, or 3 miles, as the
case may be, on short distance traffic. It corresponds with sect. 11
of the other English schedules.
6. In calculating the distances over which any Allowances.
merchandise is conveyed and for all purposes of
rates and charges :
The High Level Bridge over the River Tyne
at Newcastle-on-Tyne is to be calculated
as - 3 miles.
The bridge over the River Tyne at Scots-
wood 3 miles.
The Shildon Tunnel as If mile.
And in the case of any inclined plane not
worked by an ordinary locomotive engine
A distance equal to the length of such in-
clined plane shall be added to it.
312
PROVISIONAL ORDERS SPECIAL PROVISIONS.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise com-
prised in Classes A., B., and C.
SCALE I. Applicable except as otherwise herein provided.
1
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
For the
first
10 Miles,
or any part
of such
Distance.
For the
next
10 Miles,
or any p;irt
lit' Midi
Distance.
For the
next
15 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
1
fcb
f
Uncovering.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
A.
d.
1-75
d.
1-26
d.
0-75
d.
0-60
s. d.
3
s. d.
s. d.
d.
d.
A.
B.
1-90
1-25
1-00
0-75
6
B.
C.
2-00
1-75
1-50
1-25 1
3
3
1
1
C.
SCALE II. Applicable in respect of Coal for Shipment conveyed on
any part of the North Eastern Railway other tlmn 1/te Blyth
and Tyne Section.
MAXIMUM RATES FOR CONVEYANCE.
For Consignments, except as otherwise provided in the Schedule.
For the first 6 Miles, or any
part of such Distance.
For the next 8 Miles, or any
part of such Distance.
For the remainder of
the Distance.
Per Ton per Mile.
d.
1-50
Per Ton per Mile.
d.
1-00
Per Ton per Mile.
d.
0-75
NORTH EASTERN RAILWAY.
313
LK III. Ajipliculff. in respect of Coal for Shipment conveyed on
the Jili/th and Ttjne Action of the North Eastern fiailway.
MAXIMUM RATES FOR CONVEYANCE.
For Consignments, except as otherwise provided in the Schedule.
For the first 4 Miles, or any part of
such Distance.
Per Ton.
d.
4-00
For Distances exceeding 4 Miles.
Per Ton per Mile.
d.
1-00
The term " the Blyth and Tyiie Section " of the Biyth and
Railway as used in this part of this Schedule
includes the portion of the North Eastern Rail-
way situated east of the portions of the main line
between Heaton Junction and Longhirst Station
(except the railways from Heaton Junction to
Monkseaton, via Percy Main and Tynemouth), and
also includes the portion of the North Eastern Rail-
way from Newcastle (New Bridge Street Station)
to Backworth Station.
(b) Rates and Terminals in respect of Merchandise com-
prised in Classes 1, 2, 3, 4, and 5.
11
5"s
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
II
For Consignments, except as otherwise
provided in the Schedule.
3
Service Terminals.
Jjjj
*O "^
1
For the first
Wlfflee,
ur any part
Di-tuncc.
For the next
30 Miles,
or any part
of such
Distance.
For the next
50 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
.ation Tern
each End.
ti>
g
60
|
"3
ti)
1
E
Qcovering.
02
>-I
_
6
P
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
*. d.
s. d.
. rf.
d.
d.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.-
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70 , 3-25
2-50 1 1 6
1 8
1 8
4
4
5.
314
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[55 & 56 Viet. cap. liv.]
NORTH LONDON RAILWAY.
[NOTE. The Provisional Order applicable to the North London
Bail way Company may be cited as "The Bail way Bates and Charges,
No. 16 (North London Bailway) Order, 1892," and the Act confirm-
ing it as " The Bailway Bates and Charges, No. 16 (North London
Bailway) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM BATES AND CHABGKES
APPLICABLE TO THE
North London Railway Company.
PABT I. GOODS AND MINERALS.
1
II
MAXIMUM
la .
RATES FOR
MAXIMUM TERMINALS.
rC ~
CONVEYANCE.
151
111
For Consign-
ments,
Station
Service Terminals.
jil
except as other-
wise provided
in the
Schedule.
Terminal
at
each End.
Loading.
Un-
loading.
Covering.
Un-
covering.
Per Ton
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-90
3
A.
B.
2-20
6
B.
C,
2-40
1
3
3
1
1
C.
1.
2-70
1 6
5
5
1-50
1-50
1.
2.
3-00
1 6
8
8
2
2
2.
3.
3-25
1 6
1
1
2
2
3.
4.
3-75
1 6
1 4
1 4
3
3
4.
5.
4-30
1 6
1 8
1 8
4
4
5.
NORTH STAFFORDSHIRE RAILWAY.
315
[55 & 56 Yict. cap. lv.]
NORTH STAFFORDSHIRE RAILWAY
COMPANY.
[NOTE. The Provisional Order applicable to the North Stafford- Short title.
shin- Ixailway Company may be cited as " The Eailway Rates and
Charges, No. 17 (North Staffordshire Eailway, &c.) Order, 1892," and
u-t confirming it as " The Eailway Eates and Charges, No. 17
(Xorth Staffordshire Eailway, &c.) Order Confirmation Act, 1892."
Commencement of this Order 1st January, 1893, or such later Commence-
date as the Board of Trade direct.] ment -
Companies to which the North Staffordshire Eailway
Company's Schedule applies, being the Appendix
to the North Staffordshire Railway Company's
Schedule.
Longton, Adderley Green, and Bucknall Rail-
way.
Cheadle Railway.
Silverdale and Newcastle Railway.
Mr. Sneyd's Railway.
MAXIMUM EATES AND CHAEGES.
Provided always, that nothing in this Order
contained shall repeal or vary the provisions of
the twenty-eighth section of the North Stafford-
shire Railway Act, 1879.
Sect. 28 of the North Staffordshire Eailway Act, 1879 (42 & 43
Viet. cap. ccv.) provides "With respect to traffic of all descrip-
tions to or from the collieries or works of the New North Stafford-
shire Coal and Iron Company, Limited, all tolls, rates, and charges,
whether for local traffic or for through traffic passing over the
railways of the company and over the railways of any other com-
pany shall be chargeable, and in the case of through traffic shall
be divisible, as between the companies entitled thereto, as if Mr.
Sneyd's railway from the point of junction with the New North
Staffordshire Coal and Iron Company's private line to the junction
with the company's main line at Chatterley were four miles in
length."
316
PROVISIONAL ORDERS SPECIAL PROVISIONS.
PAET I. GOODS AND MINERALS.
1
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
For the
first)
10 Miles,
or any part
of such
Distance.
For the
next
10 Miles,
or any part
of such
Distance.
For the
next
10 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
fci>
f f
if
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
Pei-
Ton.
Per
Ton.
Per Per
Ton. Ton.
Per
Ton.
A.
d.
1-75
d.
1-25
d.
0-75
d.
O-oO
s. d.
3
*. d.
s. d. d.
d.
A.
B.
2-00
1-50
1-10
0-75
6
-
B.
C.
2-10
1-75
1-50
1-25
1
3
3 1
1
C.
Siding to
siding traffic.
Fraction of a
penny.
Provided that notwithstanding anything con-
tained in this schedule and in the North Stafford-
shire Railway Act, 1847, the company shall not
make for the conveyance over any part of the
railway of merchandise in Classes A. and B. in
owners' trucks from owners' siding to owners'
siding, when the merchandise is tendered to the
company in consignments of not less than fifty
tons at one and the same time, and from one
consignor to one consignee, a higher charge than
one penny farthing per ton per mile, with a
minimum charge of ninepence per ton :
Provided also, that if the gross rate per ton
involves a fraction of a penny the fraction, if less
llian one halfpenny, shall not be charged, and, if
one linlt'penny or more, shall be charged as a
penny :
NORTH STAFFORDSHIRE RAILWAY.
317
Provided also, that this clause shall apply only where
both sidings are on or adjoin the railway.
PART I. GOODS AND MINERALS continued.
.ll
11
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
3
1
Service Terminals.
For the
tir-t
For the
next
For the
next
For the
ll
bio
i
8 e
'."'Miles,
or any p irt
of such
or any pait
of such
50 Miles,
or any pait
of such
remainder a w
of ili; .o-S
Distance. - 3
bo
.9
1
o
-g
to
n
i
Distance.
Distance.
Distance.
i
3
P
6
@
Per Ton
Per Ton
Per Ton
Per Ton Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s. d.
d.
d.
i.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
318
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[54 & 55 Yict. cap. ccxx.]
SOUTH EASTERN RAILWAY.
[XoTE. The Provisional Order applicable to the South. Eastern
Railway Company may be cited as " The South. Eastern Railway
Company (Rates and Charges) Order, 1891," and the Act confirming
it as ''The South Eastern Railway Company (Rates and Charges)
Order Confirmation Act, 1891."
Commencement of Order 1st of August, 1892, or such later date
as the Board of Trade direct. Now postponed to 1st January, 1893.]
Companies to which the South Eastern Railway rates
apply, being the Appendix to the South Eastern
Railway Company's Schedule.
The London and Greenwich Railway Com-
pany, in respect of the London and Greenwich
Railway.
The Angerstein's Branch Railway Company,
in respect of the Angerstein's Branch Railway.
The Elham Valley Railway Company, in re-
spect of the Elham Valley Railway.
The Lydd Railway Company, in respect of the
Lydd Railway.
The Lydd Railway Company, in respect of the
Lydd Railway Extension.
The London, Brighton, and South Coast Rail-
way Company, in respect of the railway from
a junction with the Greenwich Railway to
Coulsdon.
The London, Brighton, and South Coast Rail-
SOUTH EASTERN RAILWAY. 319
way Company, in respect of the Woodside and *
Croydon Joint Railway.
The London, Chatham, and Dover Railway
Company, in respect of the Dover and Deal Joint
Railway.
The London and South Western Railway Com-
pany, in respect of the portion of the London and
South Western Railway from the junction near
Shalford to Ash.
The London and South Western Railway Com-
pany, in respect of the portion of the London and
South Western Railway from the junction near
Ash to Aldershot Town Station.
The London, Chatham, and Dover Railway
Company, in respect of the portion of the London,
Chatham, and Dover Railway between Buckland
Junction and Dover.
MAXIMUM RATES AND CHARGES.
Where the distance over which merchandise is Different
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line or
lines to which another or more than one other scale,
of rates is applicable, the maximum charge for each
portion of the entire distance shall be calculated
at the maximum rate which, according to the scale
applicable to such portion, would be chargeable
for the entire distance.
320
PROVISIONAL ORDERS SPECIAL PROVISIONS.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
SCALE I. Applicable to such portions of the Railway as are not hereinafter specially
mentioned.
*
II
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
II
For Consignments, except as otherwise provided
in the Schedule.
Service Terminals.
"
Station
3
Termi-
& o
For the
For the
For the
nal at
espect ol
aecl in tl
ISSPS.
first
20 Miles,
or any part
ot such
next
30 Miles,
or any part
of such
next
50 Miles
or any purt
of such
For the
remainder
of the
Distance.
each
End.
Load-
ing.
Un-
load-
ing.
Cover-
ing.
Un-
cover-
ing.
A*
Distance.
Distance.
Distance.
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
d
d.
A.
1-50
0-95
0-75
0-60
3
A.
B.
1-60
MO
0-85
0-70
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C
SCALE II. Applicable to the portions of the Railways herein specially mentioned.
Li!
London to Croydon ") Per Ton Per Per Per Per
Lewisham Junction to Beekenham. . per Mile. Ton. Ton. Ton. Ton.
Beckenham to Addiscombe
North Kent Junction to Dartford . . d. t. d. d. d. d.
Lewisham to Dartford A. 1 -90 03
I/ewisham to Chislehurst
Grove Park to Bromley > B. 2-00 6
North Kent Junction to Charlton,
via Greenwich C. 2'20 1
Charing- Cross, Bl.-irkfri:irs Juwtion.
and Cannon Street to North K> nt
Junction ...
Canterbury and Whitstable Railway
* The word "above-mentioned " is placed here as it so appears in the Act. It is, however, an
mistake for " under-mentioned."
MAXIMUM
RATES FOR
CONVEYANCE.
For Consign-
ments, except
as otherwise
provided in
the Schedule.
MAXIMUM TERMINALS.
Service Terminals.
Per
Ton.
d.
SOUTH EASTERN RAILWAY.
(b) Rates and Terminals in respect of Classes 1, 2, 3, 4, and 5,
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TF.UMIVALS.
No
9?
11
For Consignments, except as otherwise
provided in the Schedule.
Service Terminals.
j*y
Station
For the
For the
For the
Termi-
si
first
20 Miles,
or any
]i:iH of
such
next
80 Mile*,
or any
part of
such
next
50 Miles,
or any
part of
such
For the
remainder
of the
Distance.
nal at
each
End.
60
60
icovering.
c
5'
Distance.
Distance.
Distance.
^
S
d
@
Per Ton
Per Ton
Per Ton
Per Ton
Per
Pei-
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
(L
d.
d.
*. d.
s. d.
s. d.
ft.
d.
1.
2-25
1-90
1-65
1-35
1 6
5
5
1-50
1-50
1.
2.
2-75
2-35
2-05
1-65
1 6
8
8
2
2
2.
3.
3-10
2-80
2-50
2-10
1 6
1
1
2
2
3.
4.
3-75
3-35
3-15
2-50
1 6
1 4
1 4
3
3
4.
5.
4-30
3-90
3-80
2-90
1 6
1 8
1 8
4
4
5.
D.
322
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[5,3 & 56 Viet. cap. Ivi.]
TAFF VALE RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Taff Yale Rail-
way Company and the Companies next mentioned may be cited as
" The Railway Rates and Charges, No. 18 (Taff Yale Railway, &c.)
Order, 1892," and the Act confirming it as "The Railway Rates
and Charges, No. 18 (Taff Yale Railway, &c.) Order Confirmation
Act, 1892."
Commencement of this Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Taff Vale Eailway Company,
Aberdare Railway Company,
Alexandra (Newport and South Wales) Docks
and Railway Company,
Barry Railway Company,
Great Western Railway Company and Rhy mney
Railway Company Joint Railways,
Great Western Railway Company and Taff Vale
Railway Company Joint Railway,
Mersey Railway Company,
Penarth Extension Railway Company,
Penarth Harbour, Dock, and 1 fail way Com-
pany,
Rliondda and Swansea Bay Railway Company,
Rhymney Railway Company.
TAFF VAI.K I! Ml. WAY.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
As regards the Great Western Railway Com-
pany and the Rhymney Railway Company Joint
Railways, nothing contained in this Act shall
repeal, affect, or prejudice the enactments con-
tained in the provisoes to section 22 of the Great
Western Railway (Various Powers) Act, 1867, or
the provisions with regard to tolls and charges
contained in section 30 of the Great Western
Railway Act, 1872, or section 47 of the Great
Western Railway Act, 1873.
The sections here mentioned have been set out in considering the
Great Western Railway Company's schedule, ante, p. 256. In effect
they authorised a charge of ths of a penny per ton per mile on coal
and Id. on coke+a four mile short distance charge.
In respect of coal conveyed on the Barry Rail-
way the maximum rate shall not, inclusive of
provision of trucks, exceed the rates provided for
by section 73 of the Barry Dock and Railway
Act, 1884 (a).
These rates are as follows : "For coals (conveyed on the railway
for a distance not exceeding 14 miles) one penny per ton per mile,
for coals (conveyed on the railway for a distance exceeding 14
miles) three-fourths of one penny per ton per mile.
() 47 & 48 Viet. cap. cclvii.
Y2
324
PROVISIONAL ORDERS SPECIAL PROVISIONS.
In calculating the distance over which any
merchandise is conveyed and for all purposes of
rates and charges the Rhondda Tunnel on the
Rhondda and Swansea Bay Railway is to be cal-
culated as four miles.
Nothing in this Order contained shall repeal,
alter or vary any of the enactments contained in
any Act relating to the Bute Docks, Cardiff, as to
charges for services to be performed, or accommo-
dation to be provided by, the Taff Vale Railway
Company or the Rhymney Railway Company
with respect to traffic at those docks.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the Mersey Railway Tunnel
under the River Mersey between Liverpool and
Birkenhead is to be calculated as five miles.
PAET I. GOODS AND MINERALS.
Rates and Terminals in respect of Merchandise comprised
in Classes A. and B.
SCALE I. Applicable to the following Railways :
Railways Owned, Leased, or "Worked by
Maximum Rate for
Conveyance.
Maximum Station
Terminal at each End.
1 . The Taff Vale Railway Company
2. The Aberdare Railway Company
3. The Great Western Railway
Company and Rhymney Rail-
vay Company jointly.
4. The Great Western Railway
Company and Taff Vale Rail-
way Company jointly.
5. The Penarth Extension Railway
Company, the Penarth Harbour,
Dock, and Railway Company.
6. The Rhymney Railway Company
Per Ton per Mile. Per Ton .
CLASS A.
d.
Coal - 0-875
All other articles in
Class A., the maxi-
mum rates and charges
set out in Scale 3.
CLASS B.
The maximum rates and charges set out in
Scale 3.
TAFF VALE RAILWAY. 325
Provided that, in respect of the railways to
which scale 1 is applicable, and in respect to the
Barry Railway, section 11 shall not apply to
merchandise comprised in Classes A. and 13., but
instead thereof the companies shall, with respect
to merchandise comprised in Classes A. and 13.
conveyed for a less distance than four miles, have
power to charge as for four miles and no more,
irrespective of the place of origin or destination
of the traffic.
Rates and Terminals in respect of Merchandise
comprised in Class A.
IXALE II. Applicable to the Alexandra (Newport and South Wales]
Docks and Bailway Company.
Maximum Rate for Conveyance.
Maximum Station Terminal at each End.
Per Ton per Mile.
d.
0-875
Per Ton.
d.
3
Provided that, notwithstanding anything in
this Order, the Alexandra (Newport and South
Wales) Docks and Railway Company shall, with
respect to any merchandise of any class conveyed
for a less distance than one mile and a half, have
power to charge as for one mile and a half and
no more, irrespective of the place of origin or
destination of the traffic.
326
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Rates and Terminals in respect of Merchandise comprised
in Classes A., B., C., 1, 2, 3, 4, 5.
SCALE III, Applicable save as hereinbefore specially mentioned.
||
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
liandise
er-men
For Consignments, except as otherwise
provided in the Schedule.
Sen-ice Terminals.
if
Station
c .2
For the
For the
For the
Termi-
4J fl
first
20 Miles,
or any
next
30 Miles,
or any
next
50 Miles,
or any
For the
remainder
nal at
each
End.
bb
|
*
I
f|J
part
of such
part
of such
part
of such
Distance.
1
1
1
1
M
Distance.
Distance.
Distance.
3
P
a
P
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d
d.
s. d.
s. d.
s. (L
d.
d.
A.
0-95
0-85
0-50
0-40
3
A.
B.
1-25
1-00
0-80
0-50
6
B.
C.
1-80
1-50
1-20
0-70
1
3
3
1
1
C.
1.
2-20
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2 50
1 G
1 8
1 8
4
4
5.
IRISH RAILWAYS.
[55 & 56 Viet. cap. Ixiv.]
ATHENRY & ENNIS JUNCTION RAILWAY.
[NOTE. The Provisional Order applicable to the Athenry and Short title.
Ennis Junction Railway Company and the Companies next men-
tioned may be cited as " The Railway Rates and Charges, No. 26
(Athenry and Ennis Junction Railway, &c.) Order, 1892," and the
Act confirming it as "The Railway Rates and Charges, No. 26
(Athenry and Ennis Junction Railway, &c.) Order Confirmation Act,
1892."]
MAXIMUM RATES AND CHARGES
APPLICABLE TO THE
Athenry and Ennis Junction Railway Com-
pany,
Athenry and Tuam Railway Company,
Ballina and Killala Railway Company,
Ballinascarthy and Timoleague Junction Light
Railway Company,
Ballinrobe and Claremorris Railway Company,
Ballycastle Railway Company,
Baltimore Extension Railway Company,
Belfast and County Down Railway Company,
Belfast and Northern Counties Railway Com-
pany,
328 PROVISIONAL ORDERS.
Bessbrook and Newry Tramway Company,
Carrickfergus Harbour Junction Railway Com-
pany,
Castlederg and Victoria Bridge Tramway Com-
pany,
Cavan, Leitrim, and Roscommon Light Railway
and Tramway Company,
Clara and Banagher Railway Company,
Claremorris and Collooney Railway Company,
Clonakilty Extension Railway Company,
Clogher Valley Tramway Company,
Cork and Macroom Direct Railway Company,
Cork and Muskerry Light Railway Company,
Cork, Bandon, and South Coast Railway Com-
pany,
Cork, Blackrock, and Passage Railway Com-
pany,
Derry Central Railway Company,
Downpatrick, Killough, and Ardglass Railway
Company,
Draperstown Railway Company ,
Dublin and Kingstown Railway Company,
Dublin and Lucan Steam Tramway Company,
Dublin, Wicklow, and Wexford Railway Com-
pany,
Dundalk, Newry, and Greenore Railway Com-
pany,
Enniskillen, Bundoran, and Sligo Railway
Company,
IRISH RAILWAYS.
Fermoy and Lismorc Railway Company,
Finn Valley Railway Company,
Great Northern Railway (Ireland) Company,.
Great Southern and Western Railway Coni-
lien Valley Railway Company,
Kanturk and Newmarket Railway Company,
Kilkenny Junction Railway Company,
Letterkenny Railway Company,
Limavady and Dungiven Railway Company,
Limerick and Kerry Railway Company,
Listowel and Ballybunion Railway Company,
London and North Western Railway Company
(Irish Lines),
Londonderry and Lough Swilly Railway Com-
pany,
Loughrea and Attymon Light Railway Com-
pany,
Mitchelstown and Fermoy Light Railway Com-
pany,
Midland Great Western Railway of Ireland
Company,
Rathkeale and Newcastle Junction Railway
Company,
Sligo, Leitrim, and Northern Counties Railway
Company,
Southern Railway Company,
Timoleague and Courtmacsherry Extension
Light Railway Company,
330 PROVISIONAL ORDERS.
Tralee and Dingle Light Eailway or Tramway
Company,
Tralee and Fenit Railway Company,
Tuam and Claremorris Eailway Company,
Waterford and Central Ireland Railway Com-
pany,
Waterford and Limerick Railway Company,
Waterford and Tramore Railway Company,
Waterford and Wexf ord Railway Company,
Waterford, Dungarvan and Lismore Railway
Company,
West Carbery Tramways and Light Railways
Company,
West Clare Railway Company,
West Donegal Railway Company,
The Cork, Bandon, and South Coast Railway
Company, in respect of the extension to Bantry
Bay,
The Great Southern and Western Railway Com-
pany, in respect of the Headford and Kenmare
Railway, and the West Kerry, Killorgin, and
Valentia Railway, and
The Midland Great Western Railway of
Ireland Company, in respect of the Ballina to
Killala Railway"; the Galway to Clifden Rail-
way ; and the Westport to Mallarany Railway,
and any extension railway to Achill.
GENEEAL CONDITIONS.
[NoTE. The general conditions contained in the schedule applic-
able to the Irish railways are the same as those of the London and
North -Western Eailway Company and other English railways, with
the following exceptions : (a) In clause 22, dealing with returned
empties, a fourth sub-clause, applicable to Brewers' returned
empties, is added, (b) Clause 28 is absent, there being no appendix
to the Athenry and Ennis Junction llaihvtiy Company's schedule.]
Clauses 1 to 21, inclusive, see ante, pp. 182 to
202.
Clause 22 is the same as the London and North
I KIM I RAILWAYS. 331
Wrstrrn Railway Company and English rail-
ways, ante, p. 202, with the following addition at
the end of the proviso :
(4) Brewers' returned empties shall not be
charged more than the following rates :
Per cwt.
For any distance not exceeding 25 miles 3 d.
For any distance exceeding 25 miles, but
not exceeding 50 miles - 4J.
For any distance exceeding 50 miles, but
not exceeding 100 miles - 7d.
For any distance exceeding 100 miles,
but not exceeding 150 miles - 7
For any distance exceeding 150 miles,
but not exceeding 200 miles 9d.
For any distance exceeding 200 miles,
but not exceeding 250 miles Wd.
For any distance exceeding 250 miles - Is.
The minimum weight to be 56 Ibs., with a
minimum charge of 3d.
Clauses 23 to 27, inclusive, are the same as those
so numbered in the case of the English railways,
see ante, p. 204.
There is no clause 28, the schedule having no
appendix.
SPECIAL PEOVISIONS.
MAXIMUM BATES AND CHARGES.
In respect of merchandise conveyed over any
portion of the railways authorised by the Belfast
Central Acts, 1864 to 1877 inclusive, destined for
332
PROVISIONAL ORDERS SPECIAL PROVISIONS.
or arriving from stations on or beyond the said
railways, the Great Northern Railway (Ireland)
Company shall be entitled to make a fixed charge
as for a separate journey of six miles over and
above the charges herein authorised to be made.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the City of Dublin Junction
Railway authorised by the City of Dublin Junction
Railways Act, 1884, is to be calculated as eight
miles :
PART I. GOODS AND MINERALS.
!.!
II
ll
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
A.
For the first
20 Miles,
or any part
of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the next
50 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
Loading.
Unloading.
Covering.
|
A.
Per Ton
per Mile.
d.
1-40
Per Ton
per Mile.
d.
0-90
Per Ton
per Mile.
d.
0-70
Per Ton
per Mile.
d.
0-50
Per
Ton.
s. d.
Per
Ton.
s. d.
Per
Ton.
* d
Per
Ton.
d.
Per
Ton.
d.
3
B.
1-50
1*11
0-80
0-55
6
B.
C.
1-95
1-50
1-20
0-70
1
3
3
I
1
C.
1.
2-40
2-05
1-85
1-45
1 6
6
5
1-60
1-50
1.
2.
2-70
2-30
2-00
1-55
1 G
8
8
2
2
2.
3.
3-10
2-75
2-45
2-05
1 G
1
1
2
2
3.
4.
3-65
3-30
3-05
2-40
1 G
1 4
1 4
3
3
4.
6.
4-30
3-90
3-80
3-00
1 G
1 8
1 8
4
4
5.
IRISH RAIT, WAYS.
333
TART II. ANIMAL CLASS.
KATK FOR CONVEYANCE rv.n
SKRVICK
MlI.K.
%
TKKMINAI.S.
d)
Mj
||
8*3
g
i
i
|i
i
8
1
II
DESCRIPTION.
|
Ss
il
2g
d ^
1
Jo
Hi
p |
03 C3 03
S
to
1
if
21
3 .3
5 =*"*
a
1
1 &
&
1
ft
&*
OQ
3
p
^P,
1. For every horse, mule, or
d.
d.
d.
d
*. d.
other beast of draught or
3
3
1-65
1-65
6
4
4
2 G
2. For every ox, cow, bull, or
2
2
1-30
1-30
4
3
3
2 G
3. For every calf not exceed-
ing 12 months old, pig,
sheep, lamb, or other small
0-75
0-75
0-40
0-35
2
1-50
1-50
2 G
4. For every animal of the
several classes above enu-
merated conveyed in a
separate carriage by direc-
tion of the consignor or
from necessity
6
6
6
G
1 6
1
1
5
5. For any truck of not less
than 13 feet 2 inches, and
not exceeding 15 feet 2
inches in length inside
measurement, containing
any consignment by the
same person of such num-
ber of oxen, cows, neat
cattle, calves, sheep, goats,
or pigs as may reasonably
be carried therein ......
7
6
5-20
4-50
1
G
G
o
6. For any truck exceeding 15
feet 2 inches, and not ex-
ceeding 16 feet in length
inside measurement, con-
taining any consignment
by the same person of such
number of oxen, cows,
neat cattle, calves, sheep,
goats, or pigs, as may rea-
sonably be carried therein .
8
7
6-20
5-50
1009
9
5
334 PRO VISIONAL ORDERS IRISH RAILWAYS.
The terminal charges, other than those payable
under paragraph 4, on animals sent by the same
person at a rate calculated per head, and carried
in the same truck, shall in no case exceed the
terminal charges per truck.
Where the company is required to cleanse, and
does cleanse, trucks under the provisions of any
Order in Council, or duly authorised regulation
of any department of State, they may make a
charge not exceeding Is. per truck in addition to
the charges herein authorised.
PAET in. CARRIAGES.
PAET IV. EXCEPTIONAL CLASS.
PAET V. PERISHABLE MERCHANDISE BY PASSENGER TRAIN.
PAET VI. SMALL PARCELS BY MERCHANDISE TRAIN.
These provisions are the same as in the case of the English railways,
see ante, pp. 209215.
The Classification of Merchandise Traffic is also the same, see
p. 365.
( 335
SCOTCH RAILWAYS,
In the case of the Scotch Railways the Act of Confirming
Parliament confirming the Provisional Order of
the Board of Trade is similar to that applying to
the English companies. See ante, p. 179.
The Provisional Order of the Board of Trade Provisional
is also similar. See ante, p. 181.
The schedule of Maximum Eates and Charges, Schedule.
however, differs slightly from that of the English
companies. For instance, in the General Con-
ditions the provisions for the carriage of goods in
owners' waggons are not the same, clause 2 of the
Conditions in the English schedules being con-
siderably modified, and clause 9 absent altogether.
As this causes similar clauses to be differently
numbered, the General Conditions contained in
the Scotch schedules are printed here separately ;
for comments on the clauses the reader is referred
to the similar clauses in the schedules of the
English companies. Parts III. to VI. inclusive
are similar to the English schedules, and for them
the reader is referred back to pp. 209 215, and
the classification is also similar for both Scotch
and English companies, and will be found post,
p. 365.
[NOTE. The General Conditions of the North Eastern Railway
are similar to those of the Scotch and not of the English railways.]
336
PROV. ORDERS SCOTCH GENERAL CONDITIONS.
Maximum
conveyance
rate.
Schedule of Maximum Rates and Charges, and Classification
of Merchandise Traffic applicable to the [Caledonian]
Railway Company and certain other Railway Companies
connected therewith.
I. MAXIMUM KATES AXD 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 com-
prised 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 car-
riages as therein mentioned ; Part IV., specifying the excep-
tional 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 YL, con-
taining the rates and charges authorised in respect of small
parcels by merchandise train with the provisions and regula-
tions 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 mer-
chandise 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 per-
son liable to pay the charge, be determined by an arbitrator
appointed by the Board of Trade.
This clause differs from clause 2 of the General Conditions of the
English companies. The provision of trucks for merchandise in
class A. being in the case of the Scotch companies included in the
conveyance rate.
Maximum
station
terminal.
3. The maximum station terminal is the maximum
which the company may make to a trader for the use of the
SCOTCH RAILWAYS.
accommodation (exclusive of coal drops) provided, and for the
duties undertaken by the company, for which no other provi-
sion is made in this 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 Maximum
charges which the company may make to a trader for the service
following services, when rendered to or for a trader, that is
to say, loading, unloading, covering, and uncovering mer-
chandise, 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 Special
mentioned, or any of them, when rendered to a trader at his service -
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 ap-
pointed 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.
(i.) Services rendered by the company at or in connexion
with sidings not belonging to the company.
(ii.) The collection or delivery of merchandise outside the
terminal station,
(iii.) Weighing merchandise.
D. /
338
PROVISIONAL ORDERS GENERAL CONDITIONS.
Detention of
trucks by
company.
Siding rent.
(iv.) 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 merchan-
dise 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 connexion with such use and occupation.
(v.) Loading or unloading, covering or uncovering, mer-
chandise comprised in Class A. or Class B. of the
classification.
(vi.) The use of coal drops.
(vii.) 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 speci-
fied 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
SCOTCH RAILWAYS. 339
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
IH> appointed by the Board of Trade.
8. In respect of merchandise received from or delivered to Tranship-
another railway company having a railway of a different gauge, ment -
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.
II. PROVISIONS AS TO FIXING RATES AND CHARGES.
9. In calculating the distance along the railway for the Terminal
purpose of the maximum charge for conveyance of any mer- 81 ation n ot
chandise, the company shall not include any portion of their distance,
railway which may, in respect of that merchandise, be the
subject of a charge for station terminal.
The cases in which a company are authorised to charge as for a
special mileage for a certain portion of their route will be found
collected in the table, p. 464. This clause corresponds to clause 10
of the English schedules.
10. Where merchandise is conveyed for an entire distance Short dis-
which does not exceed in the case of merchandise in respect tance -
of which a station terminal is chargeable at each end of the
transit three miles, or in the case of merchandise in respect of
which a station terminal is chargeable at one end of the transit
four and a half miles, or in the case of merchandise in respect
of which no station terminal is chargeable six miles, the com-
pany may make the charges for conveyance authorised by this
schedule as for three miles, four and a half miles, and six miles
respectively. Provided that where merchandise is conveyed
by the company partly on the railway and partly on the rail-
way of any other company the railway and the railway of such
other company shall, for the purpose of reckoning such short
distance, be considered as one railway.
This corresponds to clause 11 of the English schedules.
z2
340
PROVISIONAL ORDERS GENERAL CONDITIONS.
Minimum
load.
Fractions of a
ton.
Fraction of a
mile.
Fraction of a
penny.
Weight.
Stone.
Timber.
1 1 . For any quantity of merchandise less than a truck load
which the company either receive or deliver in one truck, on,
or at a siding not belonging to the company, or which, from
the circumstances in which the merchandise is tendered, or the
nature of the merchandise, the company are obliged or required
to carry in one truck, the company may charge as for a reason-
able minimum load, having regard to the nature of the mer-
chandise.
This corresponds to clause 12 of the English schedules.
12. Where a consignment by merchandise train is over
three hundredweight and under five tons in weight, a fraction
of a quarter of a hundredweight may be charged for as a
quarter of a hundredweight ; and where a consignment by
merchandise train is over five tons in weight, a fraction of a
quarter of a ton may be charged for as a quarter of a ton.
This and the following clauses correspond to clauses 13 to 28 of
the English schedules.
13. For a fraction of a mile the company may charge ac-
cording to the number of quarters of a mile in that fraction,
and a fraction of a quarter of a mile may be charged for as a
quarter of a mile.
14. For a fraction of a penny in the gross amount of rates
and charges for any consignment for the entire distance
carried, the company may demand a penny.
15. Weight (except as to stone and timber when charged
by measurement) shall be determined according to the imperial
avoirdupois weight.
16. All stone shall be charged at actual weight, when the
weight can be conveniently ascertained. When the actual
weight of stone in blocks cannot be conveniently ascertained,
14 cubic feet of stone in blocks may be charged for as one
ton, and smaller quantities may be charged for in the like
proportion.
17. When timber is consigned by measurement weight, 40
cubic feet of oak, mahogany, teak, beech, greenheart, ash,
elm, hickory, ironwood, baywood, or other heavy timber, and
50 cubic feet of poplar, larch, fir, or other light timber other
than deals, battens, and boards, and 66 cubic feet of deals,
battens, and boards, may be charged for as one ton, and
SCOTCH RAILWAYS. 841
smaller quantities may l>r charged for in tlio like proportion.
The cubic contents of timber consigned by measurement weight
shall be ascertained by the most accurate mode of measurement
in use for the time being.
18. Articles sent in large aggregate quantities, although Parcels,
made up of separate parcels, such as bags of sugar, coffee,
and the like, shall not be deemed to be small parcels.
III. MISCELLANEOUS.
19. In respect of any merchandise or article of any descrip- Articles not
tion which is not specified in the classification, the company
may, unless and until such merchandise or article is duly added
to this classification and schedule pursuant to sub-section eleven
of section twenty-four of the Railway and Canal Traffic Act,
1888, make the charges which are by this schedule authorised
in respect of merchandise and things in Class 3.
20. Nothing herein contained shall affect the right of the Saving as to
company to make any charges which they are authorised by dock cnar o es -
any Act of Parliament to make in respect of any accommoda-
tion or services provided or rendered by the company at or in
connection with docks or shipping places.
21. In respect of returned empties, if from the same station Beturned
and consignee to which and to whom they were carried full to em P ties -
the same station and consignor from which and from whom
they were carried full, the company may charge the following
rates inclusive of station and service terminals :
per cwt.
For any distance not exceeding 25 miles - . 3d.
For any distance exceeding 25 miles, but not ex-
ceeding 50 miles - - 4d.
For any distance exceeding 50 miles, but not ex-
ceeding 100 miles - - Sd.
For each additional 50 miles or part of 50 miles - 3d.
The minimum weight to be 56 Ibs., with a minimum
charge of 3d.
Provided that
(1) Returned empty sacks and bags shall not be charged
more than half the above rates with a minimum charge
of 4d,
342
PROVISIONAL ORDERS GENERAL CONDITIONS.
Traders'
empty trucks.
l>o\V<TH.
Arbitrations.
(2.) Returned empty carboys or crates (other than glass
manufacturers' crates and crates taken to pieces and
so packed) may be charged double the above rates.
(3.) Returned empty fish packages shall not be charged
more than the following rates :
per cwt.
For any distance not exceeding 50 miles - - 4d.
For any distance exceeding 50 miles, but not
exceeding 100 miles ----- 5d.
For any distance exceeding 100 miles, but not
exceeding 150 miles ----- 7r/.
For any distance exceeding 150 miles, but not
exceeding 200 miles - - Sd.
For any distance exceeding 200 miles, but not
exceeding 250 miles - - - 9d.
For any distance exceeding 250 miles, but not
exceeding 300 miles - - - - Wd.
For any distance exceeding 300 miles - -lid.
The minimum weight to be 56 Ibs., with a minimum
charge of 4d.
22. Where merchandise is conveyed in a trader's truck,
the company shall not make any charge in respect of the
return of the truck empty, provided that the truck is returned
empty from the consignee and station or siding to whom and
to which it was consigned loaded direct to the consignor and
station or siding from whom and whence it was so consigned,
and where a trader forwards an empty truck to any station or
siding for the purpose of being loaded with merchandise the
company shall make no charge in respect of the forwarding of
such empty truck, provided the truck is returned to them
loaded for conveyance direct to the consignor and station or
siding from whom and whence it was so forwarded.
23. Any railway company (other than the company) convey-
ing merchandise on the railway, or performing any of the
services for which rates or charges are authorised by this
schedule, shall be entitled to charge and make the same rates
and charges as the company are by this schedule authorised to
make.
24. Tho Board of Trade Arbitrations, &c. Act, 1874, shall,
so far as applicable, apply to every determination of a differ-
SCOTCH RAILWAY^. 343
ence or question by arbitration under the provisions herein
contained.
25. In this schedule, unless the context otherwise requires Definitions.
The term "the company" means a railway company
to which this schedule applies ;
The term " the railway " means any railway or steam
tramway over which the company conveys merchan-
dise, and in respect of which no maximum rates and
charges other than those authorised in this schedule
are, for the time being, authorised by Parliament ;
The term " merchandise " includes goods, cattle, live
stock, and animals of all descriptions ;
The term " the classification" means the classification
of goods annexed to this schedule ;
The term " trader" includes any person sending or receiv-
ing, or desiring to send merchandise by the railway ;
The term " terminal station " means a station or place
upon the railway at which a consignment of mer-
chandise is loaded or unloaded before or after con-
veyance on the railway, but does not include any
station or junction at which the merchandise in
respect of which any terminal is charged has been
exchanged with, handed over to, or received from
any other railway company, or a junction between
the railway and a siding let by or not belonging to
the company, or in respect of merchandise passing to
or from such siding any station with which such
siding may be connected, or any dock or shipping
place the charges for the use of which are regulated
by Act of Parliament.
The term " siding " includes branch railways not be-
longing to a railway company.
The term " person" includes a company or body cor-
porate.
26. The foregoing provisions shall, so far as applicable, Perishables by
apply to merchandise when conveyed by passenger train under P as , sen ger
Part V. ; but, save as aforesaid and so far as is provided by
Part V., nothing herein contained shall apply to the convey-
ance of merchandise by passenger train, or to the charges
which the company may make therefor.
27. This schedule shall apply to the Caledonian Bailway Application.
344
PROVISIONAL ORDERS GENERAL CONDITIONS.
Company and the other companies mentioned in the Appendix
hereto so far as relates to the railways therein specified.
This clause 27 does not occur in the schedules of the Callander
and Oban Railway Company, the City of Glasgow Union Railway
Company, or the Highland Railway Company; these companies'
schedules containing no Appendix.
MAXIMUM EATES AND CHAEGES.
PART I. GOODS AXD MINERALS.
The maximum rates for goods and minerals
vary in the case of each railway company,
and
these will be found, together with any special con-
ditions applicable in each case, under the name of
the particular railway company (a) on the succeed-
ing pages 346 to 364.
PAET II. ANIMAL CLASS.
Bate for Conveyance
per Mile.
Service Terminals.
S
^ o
c
gs
1
1
II
||
1.1
*
1
1-g
DESCRIPTION.
11
s-s
|l
i
1
11
51
t< s
+= a
a
g|H
t
H'S
w^3
a*o
%'o
EJ
EH
g
o
jl
0) ->
jg-g
I
g
1
l
1
ii
11
i|
a
I
CO
1
1
i
1. For every horse, mule, or other
beast of draught or burden . .
3-00
d.*
3-00
d.*
1-65
d*
1-65
s. d.
6
*. d.
4
8. d.
4
s. ^.
2 6
2. For every ox, cow, bull, or head
2-00
2-00
1-30
1-30
4
3
3
2 6
3. For every calf not exceeding
12 months old, pig, sheep,
lamb, or other small animal . .
0-75
0-75
0-40
0-35
2
1-50
1-50
2 6
4. For every animal of the several
classes above enumerated con-
veyed in a separate carriage,
by direction of the consignor,
or from necessity
6-00
6-00
6-00
6-00
1 6
1
1
5
6. For each truck containing any
consignment by the same per-
son of such number of oxen,
cows, neat cattle, calves, sheep,
goats, or pigs, as may reason-
ably be carried in a truck of
15 feet 6 inches in length in-
side measurement . . . .
7-00
5'20
4-50
1 n
n 9
9
5
* The columns headed thus * do not occi
IT in
the schedule of the City of Glasgow
Union Railway Co.
(a) For a list of all the Scotch railways, showing the schedule by which each is
governed, see p. 545.
SCOTCH RAILWAYS.
The terminal clinr^os, other Ilian those payable
under pnrii^mpli 4 on animals sent by the same
person at a rate calculated per head, and carried
in the same truck, shall in no case exceed the
terminal charges per truck.
Where the company is required to cleanse, and
does cleanse, trucks under the provision of any
Order in Council, or duly authorised regulation
of any department of State, they may make a
charge not exceeding Is. per truck in addition to
the charges herein authorised.
PAET III. CARRIAGES.
PAET IV. EXCEPTIONAL CHARGES.
PAET V. PERISHABLES BY PASSENGER TRAIN.
PAET YI. SMALL PARCELS.
These are similar to those applicable to the English railways, and
will be found ante, pp. 209215.
Classification of Traffic, see post, pp. 365 and 405.
345
346
PROVISIONAL ORDERS SPECIAL PROVISIONS.
SPECIAL PROVISIONS.
Short title.
Commence-
ment.
[55 & 56 Yict. cap. Ivii.]
CALEDONIAN RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Caledonian Rail-
way Company may be cited as " The Railway Rates and Charges,
No. 19 (Caledonian Railway, &c.) Order, 1892," and the Act con-
firming it as "The Railway Rates and Charges, No. 19 (Caledonian
Railway, &c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
Companies to which the Caledonian Railway Com-
pany's schedule applies, being the Appendix to
the Caledonian Railway Company's schedule.
The Arbroath and Forfar Railway Company,
in respect of the Arbroath and Forfar Railway,
The Cathcart District Railway Company, in
respect of the Cathcart District Railway,
The Dundee and Newtyle Railway Company,
in respect of the Dundee and Newtyle Railway,
The Greenock and Wemyss Bay Railway Com-
pany, in respect of the Greenock and Wemyss
Bay Railway,
The Killin Railway Company, in respect of the
Killin Railway,
The Lanarkshire and Ayrshire Railway Com-
pany, in respect of the Lanarkshire and Ayrshire
Railway,
The Solway Junction Railway Company, in
respect of the Sol way Junction Railway,
The London and North- Western Railway Com-
pany, llic Midland Iiuilwuy Company, the Gale-
SCOTCH RAILWAYS CALEDONIAN. 347
donian Railway Company, and the Glasgow and
South Western Railway Company, in respect of
the Portpatrick and Wigtownshire Joint Railway,
The Carlisle Station Lines,
The Caledonian Railway Company and the
Glasgow and South Western Railway Company,
in respect of the following joint railways :
The Glasgow and Paisley Joint Railway,
The Glasgow, Barrhead, and Kilmarnock
Joint Railway,
The Caledonian and the North British Railway
Companies, in respect of the Dundee and Arbroath
Joint Railway.
MAXIMUM EATES AND CHARGES.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the bridge crossing the River
Forth at Alloa is to be calculated as 2 miles 24
chains.
AM i ere the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale and in part of a line
or lines to which another or more than one other
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
Nothing in this Order shall prejudice or affect
the provisions and obligations contained in sec-
348
PROVISIONAL ORDERS SPECIAL PROVISIONS.
tion 49 of the Caledonian and Scottish Central
Eailways Amalgamation Act, 1865, section 53 of
the Caledonian and Glasgow and South- Western
Eailway (Kilmarnock Joint Line) Act, 1869, and
section 41 of the Caledonian Eailway (Further
Powers) Act, 1882.
These sections refer to the carriage of dung and city manure for
public authorities at low rates. They will be found set out at length
in Appendix 0, post, p. 465.
For the purposes of Scale IV. the distance be-
tween Edinburgh and Glasgow shall be taken as
42 miles, and the distance between Leith or
Granton on the one hand and Glasgow on the
other hand shall be taken as 45 miles.
PAET I. GOODS AND MINERALS.
Eates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
SCALE I. Applicable except as otherwise herein provided.
!In respect of Merchandise
comprised in the under-
mentioned Classes.
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
For the
tir-t
10 Miles,
or any part
of such
Distance.
For the
next
10 Mil- -,
or any part
of sin h
Distance.
For the
next
16 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
1
Unloading.
Covering.
Uncovering.
Per Ton
per Mile.
Per Ton
per Mile.
IVr Ton
per Mile.
Per Ton
per Mile.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
A.
d.
1-15
d.
1-25
d.
0-75
d.
0-60
8. d.
3
. d.
s. d.
d.
d.
B.
2-00
1-25
1-00
0-75
6
C.
2-25
1-75
1-60
1-25
1
3
3
1
1
SCOTCH RAILWAYS CALEDONIAN.
Rates and Terminals in respect of Merchandise
comprised in Class A.
SCALE II. Applicable to the Railways herein specially mentioned.
Maximum
Rates for
Convey-
ance.
Maximum
Station
Tei minal
at each
End.
Railways governed by the Alloa Railway Act, ^
1879
Per Ton
per Mile.
d.
Per Ton.
d.
Railways governed by the "Wigtownshire Rail-
way Act, 1872 ...
1-50
3
Railways governed by the Moffatt Railway Act,
1881 j
Ross Junction and Glasgow, via Blantyre, and\
via Coatbridge and Gartsherrie, including
Whifflet Junction line
Mother well Junction and Hamilton, Junction,
including Bothwell branch ...
Mossend and Fulwood Junctions and Uddingston
Coatbridge and Whifflet Junctions and Ruther-
glen Junction, including Drumfeller and Tan-
Strathaven and Blantyre Junctions and Glasgow,
2-25
3
Dalmarnock East and West Junctions, and Ger-
miston High and Low Junctions
Glasgow Central Railway and Toll Cross and
Newton Extension line
Hamilton Hill Railway, Glasgow ........ ......
Blackston Junction and Glasgow, including Liin-
wood, Cartside, and Govan branches ........
350
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Rates and Terminals in respect of Merchandise
comprised in Classes C., 1, 2, 3, 4, and 5.
SCALE III. Applicable except as otherwise herein provided.
11
1
MAXIMUM KATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
I!
||
For Consignments, except as otherwise
provided in the Schedule.
Service Terminals.
#;
Station
*
For the
For the
For the
Termi-
ifs
first
20 Miles,
or any
part
of such
next
30 Miles,
or any
part of
such
next
50 Miles,
or any
part of
such
For the
remainder
of the
Distance.
nal at
each
End.
1
bb
1
6C
a
>
r
Distance.
Distance.
Distance.
3
g
3
S
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s . cl .
s. d.
s. d.
d.
d.
1.
2-25
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4-30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
SCALE IY. Applicable to the conveyance of Merchandise between the
places, viz., Edinburgh, Leith, or Granton, on the one hand, and Glasyoir
the other hand.
MAXIMUM BATES FOB
CONVEYANCE.
For Consignments, except as
otherwise provided in the
Schedule.
Per Ton per Mile.
d.
1-40
1-50
1-90
!!'()
2-00
2-25
MAXIMUM TERMINALS.
1 6
SCOTCH RAILWAYS.
351
[55 & 56 Viet. cap. Iviii.]
CALLANDER AND OBAN RAILWAY
COMPANY.
[NOTE. The Provisional Order applicable to the Callander and Short title.
Oban Bailway Company may be cited as " The Railway Rates and
Charges, No. 20 (CaUander and Oban Railway) Order, 1892," and
the Act confirming it as " The Railway Rates and Charges, No. 20
(Callunder and Oban Railway) Order Confirmation Act, 1892."
Commencement of Order 1st January, 1893, or such later date Commence-
as Board of Trade direct.] ment -
MAXIMUM RATES AND CHARGES.
PART I. GOODS AND MINERALS.
I'd
11
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
^ =
For Consignments, except as otherwise
provided in the Schedule.
Service Terminals.
Station
Terminal
For the first
20 Miles,
or any part
of such
Distance.
For the next
30 Miles,
or any part
of such
Distance.
For the
remainder
of the
Distance.
at each
End.
|
nloading.
if
if
\r
^
H
P
^
P
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
S. (I
s. d.
s. d.
d.
d.
A.
2-00
1-50
0-75
3
A.
B.
2-00
1-50
0-85
6
B.
C.
2-25
1-75
1-20
1
3
3
1
1
C.
1.
2-50
1-90
1-65
1 6
5
5
1-50
1-50
1.
2.
2-75
2-35
2-05
1 6
8
8
2
2
2.
3.
3-10
2-80
2-50
1 6
1
1
2
2
3.
4.
3-75
3-35
3-15
1 6
1 4
1 4
3
3
4.
5.
4-30
3-90
3-80
1 6
1 8
1 8
4
4
5.
352
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Short title.
Commence
ment.
[55 & 56 Yict. cap. lix.]
CITY OF GLASGOW UNION RAILWAY
COMPANY.
[NOTE. The Provisional Order applicable to the City of Glasgow
Union Railway Company may be cited as ' ' The Railway Rates and
Charges, No. 21 (City of Glasgow Union Railway) Order, 1892,"
and the Act confirming it as " The Railway Rates and Charges,
No. 21 (City of Glasgow Union Railway) Order Confirmation Act,
1892."
Commencement of Order 1st January, 1893, or such later date
as Board of Trade direct.]
MAXIMUM RATES AND CHARGES.
PART I. GOODS AND MINERALS.
MAXIMUM
RATES FOB
MAXIMUM TERMINALS.
CONVEYANCE.
In respect
of Merchandise
comprised
For
Service Terminals.
in the
under- mentioned
Consignments,
except
Station
Terminal
Classes.
as otherwise
at
Un-
Un-
provided in the
each End.
Loading.
loading.
Covering.
covering.
Schedule.
Per Ton
Per
Per
Per
Per
per Mile.
Per Ton.
Ton.
Ton.
Ton.
Ton.
d.
s. d.
s. d.
*. d.
d.
d.
A.
1-90
3
A.
B.
2-00
6
B.
C.
2-20
1
3
3
1
1
C.
1.
2-50
1 6
5
6
1-50
1-50
1.
2.
2-75
1 6
8
8
2
2
2.
3.
3-10
1 6
1
1
2
2
3.
4.
3-75
1 6
1 4
1 4
3
3
4.
6.
4-30
1 6
1 8
1 8
4
4
5.
SCOTCH RAILWAYS.
[55 & 56 Viet. cap. lx.]
GLASGOW AND SOUTH WESTERN
RAILWAY COMPANY.
[NOTE. The Provisional Order applicable to the Glasgow and Short title.
South Western Railway Company may be cited as " The Railway
Rates and Charges, No. 22 (Glasgow and South Western Rail-
way, &c.) Order, 1892," and the Act confirming it as " The Railway
Rates and Charges, No. 22 (Glasgow and South Western Rail-
way, &c.) Order Confirmation Act, 1892."
Commencement of Order 1st January, 1893, or such later date Commence-
as Board of Trade direct.] ment.
Companies to which the Glasgow and South Western
Railway Company's Schedule applies, being the
Appendix to the Schedule of the Glasgoiv and
South Western Railway Company.
The Ayrshire and Wigtownshire Railway Com-
pany, in respect of the Ayrshire and Wigtownshire
Railway ;
The Kilmarnock and Troon Railway Company,
in respect of the Kilmarnock and Troon Railway.
MAXIMUM RATES AND CHARGES.
Nothing in this Order shall prejudice or affect
the provisions and obligations in section 43 of the
Glasgow and South Western Railway (Kilmar-
nock Direct) Act, 1865.
This section refers to the carriage of dung and city manure at
low rates for public bodies. It will be found in Appendix B., post,
p. 468.
P. A A
354
PROVISIONAL ORDERS SPECIAL PROVISIONS.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
Si
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
8
Service Terminals.
< -
'a
^
S'T-j
Or o1
For the
For the
For the
El
tb
"S-2
first
next
next
For the
Fn rfi
.
|
P.P--5
10 Miles,
10 Miles,
15 Miles,
remainder
o3
tab
<B
9
B
fc s =
or any part
of such
or any part
of such
or any part
of such
of the
Distance.
8
g
1
1
1
1
Distance.
Distance.
Distance.
&
3
p
o
P
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
(L
d.
s. d.
*. d.
s. d.
d.
d.
A.
1-75
1-25
0-75
0-60
3
A.
B.
2-00
1-25
1-00
0-75
6
B.
C.
2-25
1-75
1-50
1-25
1
3
3
1
1
C.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
Si
MAXIMUM RATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
III
For Consignments, except as otherwise
provided in the Schedule.
3
Service Terminals.
For the
For the
For the
Bid
tc
On!
II. -Xt
next
For the
a
^'5
20 M
30 Miles,
50 Miles,
remainder
c-ipq
C?
a
B
=
nr any part
of such
uraiiy pint
of such
or any part
of such
of the
Distance.
11
I
3
I
8
Distance.
l>M:inrc.
Distance.
3
S
d
p
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d
d.
d.
d.
s. d.
s. d.
*. d.
d.
d.
1.
1-85
1-40
1-00
1 6
6
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
S
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-GO
3-15
2-50
2 20
1 G
1 4
1 4
3
3
4.
6.
4'uO
3-70
3-25
2-50
1 G
1 8
1 8
4
4
5.
SCOTCH RAILWAYS.
[55 & 56 Yict. cap. Ixi.]
GREAT NORTH OF SCOTLAND RAILWAY
COMPANY.
[NOTE. The Provisional Order containing the schedule applic- Short title,
able to the Great North of Scotland Eailway Company may be
cited as " The Eailway Eates and Charges, No. 23 (Great North of
Scotland Railway) Order, 1892," and the Act confirming it as "The
Eailway Eates and Charges, No. 23 (Great North of Scotland Eail-
way) Order Confirmation Act, 1892."
Commencement of Order 1st January, 1893, or such later date Commence-
as Board of Trade direct.] ment -
MAXIMUM EATES AND CHAEGES.
PAET I. GOODS AND MINERALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
'I >
mora-.iaptmotn ui i
-moo . '
MAXIMUM EATES FOB CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station Terminal at
each End.
Service Terminals.
A.
For the first
or any part
of such
Distance.
For the next
10 Miles,
or any part
of such
Distance.
For the next
15 Mil.-,
fir any part
of such
Distance.
For the
remainder
of the
Distance.
to
Unloading.
Covering.
Uncovering.
A.
Per Ton
per Mile.
d.
1-75
Per Ton
per Mile.
d.
1-50
Per Ton
per Mile.
d.
1-00
Per Ton
per Mile.
d.
0-75
Per
Ton.
a d
Per
Ton.
s d
Per
Ton.
s d
Per
Ton.
d.
Per
Ton.
d.
3
B.
1-75
1-50
1-00
0-75
6
B.
A A 2
356
PROVISIONAL ORDERS SPECIAL PROVISIONS.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C., 1, 2, 3, 4, and 5.
il
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
'S
For Consignments, except as otherwise
provided in the Schedule.
a
Service Terminals.
S OJ
I
"o^
For the first
For the next
For the next
g .
ti
,
-g.S ^
20 Miles,
30 Miles,
50 Miles,
For the
H^
fcc
a
111
or any part
of such
or any part
of such
or any part
of such
remainder
of the
.9
1
*" p.3
Distance.
Distance.
Distance.
Distance.
"S
"S
2
>
o
w
m
rt
p
6
p
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
*. d.
*. (L
s. d.
d.
d.
C.
1-80
1-50
1-20
0-70
I
3
3
1
1
C.
1.
2-25
1-90
1-65
1-35
1 6
5
5
1-50
1-50
1.
2.
2-75
2-35
2-05
1-65
1 6
8
8
2
2
2.
3.
3-10
2-80
2-50
2-10
1 6
1
1
2
2
3.
4.
3-75
3-35
3-15
2-50
1 6
1 4
1 4
3
3
4.
5.
4-30
3-90
3-80
3-00
1 6
1 8
1 8
4
4
5.
SCOTCH RAILWAYS.
357
[55 & 56 Yict. cap. Ixii.]
HIGHLAND RAILWAY COMPANY.
[NOTE. The Provisional Order containing the schedule applic- Short title,
able to the Highland Railway Company may be cited as " The
Railway Rates and Charges, No. 24 (Highland Railway) Order,
1892," and the Act confirming it as "The Railway Rates and
Charges, No. 2-1 (Highland Railway) Order Confirmation Act, 1892."
Commencement of Order 1st January, 1893, or such later date Commence-
as Board of Trade direct.]
ment.
MAXIMUM RATES AND CHARGES.
PART I. GOODS AND MINERALS.
(a) Eates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
ice com-
cntioned
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
1 1 1 -.1 . . 1 > 1 1 1 1 e
For Consignments, except as otherwise
provided in the Schedule.
-a
Service Terminals.
ss
For the first
Forthenexl
For the next
1 ,
.
lolfclw,
in Mili-s,
15 Miles,
For the
& a
6D
g
or any parl
of such
or any part
of such
or any part
of such
remainder
of the
gS
Be
1
I
1
** clu
Distance.
Distance.
Distance.
Distance.
43 3
o
^
B
g
M
cc
i-l
p
P
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s. d.
d.
d.
A.
1-75
1-75
0-75
0-60
3
A.
B.
2-20
1-25
1-00
0-75
6
B.
C.
2-25
1-75
1-50
1-25
1
3
3
1
1
C.
358
PROVISIONAL ORDERS SPECIAL PROVISIONS.
(bj Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
e com-
utioned
MAXIMUM RATES FOE CONVEYANCE.
MAXIMUM TERMINALS.
erchandif
mder-me
For Consignments, except as otherwise
provided in the Schedule.
03
Service Terminals.
S Q
"3
.a
o-*
For the first
For the next
For the next
fj .
fcb
f.S
20 Miles,
30 Miles,
50 Miles,
For the
H a
ef
. 1 i
or any part
of such
or any part
of such
or any part
of such
remainder
of the
!
to
1
I
a ^
Distance.
Distance.
Distance.
Distance.
^s
Q
|
|
*-"
DO
H
P
o
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d
d
d
d
s d
s d
s d
d
d
1.
2-25
1-90
1-65
1-35
I 6
5
5
1-50
1-50
1.
2.
2-75
2-35
2-05
1-65
1 6
8
8
2
2
2,
3.
3-10
2-80
2-50
2-10
1 6
1
1
2
2
3.
4.
3-75
3-35
3-15
2-50
1 6
1 4
1 4
3
3
4.
5.
4-30
3-90
3-80
3-00
1 6
1 8
1 8
4
4
5.
SCOTCH RAILWAYS.
[55 & 56 Viet. cap. Ixiii.]
NORTH BRITISH RAILWAY COMPANY.
[NOTE. The Provisional Order containing the schedule applic- Short title,
able to the North British Railway Company may be cited as " The
Railway Rates and Charges, No. 25 (North British Railway, &c.)
Order, 1892," and the confirming Act as " The Railway Rates and
Charges, No. 25 (North British Railway, &c.) Order Confirmation
Act, 1892."
Commencement of Order 1st January, 1893, or such later date as Commence
Board of Trade direct.]
Companies to which the North British Railway Com-
pany* s schedule applies, being the Appendix to
the North British Railway Companies schedule.
The Anstrutlier and St. Andrew's Railway Com-
pany, in respect of the Anstruther and St. Andrew's
Railway,
The Edinburgh and Bathgate Railway Com-
pany, in respect of the Edinburgh and Bathgate
Railway,
The Eyemouth Railway Company, in respect
of the Eyemouth Railway,
The Forth and Clyde Junction Railway Com-
pany, in respect of the Forth and Clyde Junction
Railway,
The Forth Bridge Railway Company, in respect
of the Forth Bridge Railway,
The Glasgow, Yoker and Clydebank Railway
360 PROVISIONAL ORDERS SPECIAL PROVISIONS.
Company, in respect of the Glasgow, Yoker and
Clydebank Railway,
The Kilsyth and Bonnybridge Railway Com-
pany, in respect of the Kilsyth and Bonnybridge
Railway,
The Newport Railway Company, in respect of
the Newport Railway.
MAXIMUM EATES AND CHARGES.
In calculating the distance over which mer-
chandise is conveyed, and for all purposes of rates
and charges, the Tay Viaduct is to be calculated
as 12 miles 18 chains, and the Forth Bridge Rail-
way as 14 miles 16 chains upon traffic between
North British Stations south of the Tay on the
one hand, and places 25 miles south and east of
Ratho Junction, and 45 miles west of Ratho
Junction on the other hand, and with regard to
all other traffic as 23 miles 16 chains.
The expression Forth Bridge Railway shall
mean the railway commencing in the parish of
Dalmeny, in the county of Linlithgow, by a
junction with the Queensferry Branch of the
North British Railway crossing by a bridge the
Firth of Forth and terminating in the parish
of Inverkeithing, otherwise Inverkeithing and
Rosyth, in the county of Fife, by a junction with
the Dunfermline and Queensferry Branch of the
North British Railway.
In calculating the distance over which mer-
chandise is conveyed, and for all purposes of rates
SCOTCH RAILWAYS NORTH BRITISH. 361
and charges, the Glasgow Tunnel Incline from
Cowlairs to Glasgow is to be calculated as 3 miles
20 chains, and the Thrushbush, Ballochney, and
Causewayend Inclines on the Monkland Railways
are to be calculated as 2 miles 16 chains, 1 mile
68 chains, and 1 mile 39 chains respectively.
In calculating the rates and charges leviable by
the company in respect of merchandise traffic
conveyed by means of the Carlisle Extension from
Langholm to Hawick, or any place on the North
British Railway northward or eastward of Hawick,
or vice versa, such rates and charges shall be
reckoned as if the distance between Langholm
and Hawick were 25 miles and no more.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another or more than one other
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
Nothing in this Order shall prejudice or affect
the provisions and obligations contained in sections
54, 55, and 76 of the North British Railway
Consolidation Act, 1858, and section 43 of the
Edinburgh and Glasgow Railway (Coatbridge
Branch) Act, 1865.
These sections will be found in Appendix B., post, p. 468. Sects.
54 and 55 deal with obligations between the company and the gas-
light company ; and sect. 76 with the carriage of dung and city
manure at low rates for public bodies.
362
PROVISIONAL ORDERS SPECIAL PROVISIONS.
For the purposes of Scale IV., the distance between
Edinburgh and Glasgow shall be taken as 42 miles, and
the distance between Leith or Granton on the one hand
and Glasgow on the other hand, shall be taken as 45 miles.
PAET I. GOODS AND MINERALS.
Rates and Terminals in respect of Merchandise comprised
in Classes A., B., and C.
SCALE I. Applicable except as otheriuise herein provided.
In respect of Merchandise com-
]>i ix'd in the under-mentioned
Classes.
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
For Consignments, except as otherwise
provided in the Schedule.
Station
Termi-
nals at
each
End.
Service Terminals.
A.
B.
C.
For the
first
10 Miles,
or any
pait
of such
Distance.
For the
next
10 Miles,
or any
part
of such
Distance.
For the
next
15 Miles,
or any
part
of such
Distance.
Per Ton
per Mile.
d.
0-75
1-00
1-50
For the
remainder
of the
Distance.
1
I
f
p
A.
B.
C.
Per Ton
per Mile.
d.
1-75
2-00
2-25
Per Ton
per Mile.
d.
1-25
1-25
1-75
Per Ton
per Mile.
d.
0-60
0-75
1-25
Per
Ton.
*. d.
Per
Ton.
s. d.
Per
Ton.
s. d.
Per
Ton.
d.
1
Per
Ton.
d.
1
3
6
1
3
3
SCOTCH RAILWAYS NORTH BRITISH.
363
Eates and Terminals in respect of Merchandise
comprised in Class A.
SCALE II. Applicable to the ll<iiln<ys herein specially mentioned.
Maximum
Eates for
Conveyance.
Maximum
Station
Terminal at
each End.
Stirling- and Dunfermline Railway and Alloa
Harbour Branch ................
Dunfermline and Queensferry Railway
Glasgow and Coatbridge Railway
Glasgow, Bothwell, Hamilton, and Coatbridge
Railway ................................
Glasgow City and District Railway ..........
Stobcross Railway ..........................
Bridgeton Cross Railway ..................
Glasgow (Queen Street) to Bishop Briggs,
including branches to Sigh thill, Port Dundas,
Knightswood, and Ruchill ................
Corstorphine Junction to Niddrie East and
South Junctions, including the Edinburgh
Suburban and Southside Junction Railway
and its branches, except the branch from
Duddingston Junction to St. Leonards Station
Per Ton
per Mile.
i . c A
i ou
Per Ton.
2-25
364
PROVISIONAL ORDERS SPECIAL PROVISIONS.
Eates and Terminals in respect of Merchandise comprised
in Classes C., 1, 2, 3, 4, and 5.
SCAXE ITT. Applicable except as otherwise herein provided.
Ji
MAXIMUM RATES FOR CONVEYANCE.
MAXIMUM TERMINALS.
111
For Consignments, except as otherwise
provided in the Schedule.
3
Service Terminals.
^=5
-3
juS
For the
For the
For the
.9
ti
"S-S 3
first
20 Miles.
next
30 Miles,
next
50 Miles,
For the
remainder
H^
fl 2
to
i
tc
1
or any part
of such
or any part
of such
or any part
of such
of the
Distance.
.2 8
S
i
1
I
5
Distance.
Distance.
Distance.
1
3
i
6
(3
Per Ton
Per Ton
Per Ton
Per Ton
Per
Per
Per
Per
Per
per Mile.
per Mile.
per Mile.
per Mile.
Ton.
Ton.
Ton.
Ton.
Ton.
d.
d.
d.
d.
s. d.
s. d.
s. d.
d
rf.
1.
2-25
1-85
1-40
1-00
1 6
5
5
1-50
1-50
1.
2.
2-65
2-30
1-80
1-50
1 6
8
8
2
2
2.
3.
3-10
2-65
2-00
1-80
1 6
1
1
2
2
3.
4.
3-60
3-15
2-50
2-20
1 6
1 4
1 4
3
3
4.
5.
4.30
3-70
3-25
2-50
1 6
1 8
1 8
4
4
5.
SCALE IV. Applicable to the conveyance of Merchandise between the following places,
viz. : Edinburgh, Leith, or G/antham on the one hand, and Glasgow on the other hand.
13
MAXIMUM RATES FOB
CONVEYANCE.
MAXIMUM TERMINALS.
Sal
In renpect o:
dise ecu
tin' mull r-
Cl;i-
For Con.-ignments,
otherw i-se provided
in the
Schedule.
Station
Terminal
at i-.-icli
End.
Service Terminals.
Loading.
Unloading.
Covering.
Uncovering.
Per Ton per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
d.
8. d.
8. d.
*. d.
rf.
d.
C.
1-40
1
3
3
1
1
C.
1.
1-50
1
5
5
1-50
1-50
1.
2.
1-90
1
8
8
2
2
2.
3.
1-90
1
1
1
2
2
3.
4.
2-0
1
1 4
1 4
3
3
4.
5.
2-25
1 6
1 8
1 8
4
4
6.
365
Cla&stficatton
MERCHANDISE TRAFFIC.
Where in this List the letters " e.o.h.p." are placed after the designation of
any Article they mean " except otherwise herein provided"
CLASS A.
APPLICABLE TO CONSIGNMENTS OF FOUR TONS AND TTPWAKDS.
Basic slag, unground.
Cannel.
Chalk in the rough, for agricultural
purposes.
Cinders, coal.
Clay, in bulk, e.o.h.p.
Coal.
Coke.
Coprolites and rock phosphate, un-
ground.
Creosote, coal-tar, gas-tar, gas-
water, in owners' tank waggons.
Culm.
Gannister.
Gas-lime or gas purifying refuse.
Gravel.
Hammer scale.
Iron ore.
Iron-pyrites, unburnt and burnt.
Ironstone.
Limestone, in bulk.
Manganiferous iron ore, for iron
making.
Manure, street, stable, farmyard,
in bulk.
Night soil.
Purple ore.
Sand.
Slack.
Slag or scoria, blast furnace.
Stone and undressed material, for
the repair of roads.
Stone, wholly undressed straight
from a quarry.
Tap or mill cinder.
Waste sulphate of lime.
When merchandise specified in Class A. is consigned in quantities of
less than four tons and not less than two tons, the company may charge
for such consignment the conveyance rates applicable to Class B., and if
less than two tons the conveyance rates applicable to Class C. ; provided
that the company shall not charge more than as for a consignment of four
tons or two tons respectively.
366
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS B.
APPLICABLE TO CONSIGNMENTS OF FOUR TONS AND UPWARDS.
Alabaster stone, in lumps, un-
ground.
Ammoniacal liquor.
Antimony ore waste.
Asphalte paving, in blocks.
Barytes, raw, in bulk.
Basic material, burnt limestone, in
bulk, to steel converters.
Basic slag, ground, packed.
Blooms, billets or ingots, iron or
steel.
Bog- ore, for gas purifying.
Bricks, clay, common and fire.
Bricks, crushed.
Cement, in blocks or slabs.
Cement stone.
China clay.
Coal fuel, patent.
Compost, for manure.
Concrete, in blocks or slabs.
Copperas, green, in bulk.
Coprolites and rock phosphate,
ground.
Creosote, coal-tar, gas-tar, gas-
water, e.o.h.p.
Draff, or brewers' and distillers'
grains.
Ferro-manganese, in bulk.
Furnace lumps.
Furnace scrapings.
Gas-carbon.
(n unite, in blocks, rough or un-
dressed.
Gravel, tarred, for paving.
Gypsum, for manim-.
Gypsum stone, in lumps, unground.
Iron and steel.
The following articles of iron or
steel :
Anvils.
Bar, iron or steel, exceeding
1 cwt. per bar, in open trucks
at request of trader.
Bars, for tin-plate making.
Buoy sinkers.
Cannon balls and shot, and shells
not charged.
Clippings, shearings, and stamp-
ings of sheet iron and tin
plates, in compressed bundles.
Filings.
Ingot moulds.
Plates-
Open sand, cast.
Scrap, minimum load four tons
per truck.
Swarf.
Wire rope, old, cut in pieces.
Iron-ore refuse for gas purifying.
Kainit.
Lead ashes, in bulk.
Lime, in bulk.
Litter (moss or peat), hydraulic or
steam press-packed.
Loam.
Manganese ore.
Mjui^i-l \vurxi-l, in bulk, for feeding
cattle.
Manure (other than street stable
and farmyard), in bulk.
Peat,
Pig-iron.
OF MERCHANDISE TRAFFIC.
367
.>s B. continued.
Pipes, draining, common, for agri-
cultural draining.
Pitch, coal tar, in blocks.
Plaster- stone, in lumps, unground.
Potsherds.
Puddled bar, iron.
Quarls.
Rock-salt.
Salt, in bulk.
Skimmings, flux, lead, tin, or zinc.
Slates, common.
Slate slabs, in the rough, or roughly
squared or planed, not packed.
Spiegeleisen, in bulk.
Stone, in the rough state, building,
pitching, paving, kerb or flag.
Sud-cake manure.
Sugar-scum, for manure.
Sulphate of potash.
Sulphur ore.
Tan or spent bark.
Tiles, paving, draining, roofing, or
garden edging, common.
Turf.
Turnips, in bulk, for cattle feeding.
Zinc ashes.
Zinc ore.
Spar, in the rough, in bulk.
AVhen merchandise specified in Class B. is consigned in quantities of
less than four tons and not less than two tons, the company may charge
for such consignment the conveyance rates applicable to Class C., and if
less than two tons the conveyance rates applicable to Class 1 ; provided
that the company shall not charge more than as for a consignment of four
tons or two tons respectively.
CLASS C.
APPLICABLE TO CONSIGNMENTS OF Two TONS AND UPWARDS.
Acetate of lime.
Algarovilla.
Algerian fibre, hydraulic or steam
press packed.
Alum.
Alum cake.
Alum waste.
Alumina, hydrate of, or bauxite.
Alumina water.
Aluminoferric.
Aluminosilic.
Antichlorine.
Antimony ore.
Arseniate of soda.
Arsenic.
Asphaltum.
Barium, chloride of, in casks.
Bark for tanning, chopped, packed
in bags, or hydraulic pressed.
Barley, pot and pearl.
Barytes, ground, in casks or bags.
Bicarbonate of soda, in casks.
Bisulphite of soda.
Blanc-fixe (ground barytes with
water added, for glazing paper).
Bleaching powder.
Blood, for manure, in casks.
Bobbin blocks.
368
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS C. continued.
Bone ash.
Bone waste.
Bones, calcined.
Bones, for size or manure.
Break blocks.
Bricks, clay, glazed, or enamelled.
Bricks, flanders or scouring.
Brimstone, crude or unmanufac-
tured.
Burrstones.
Cabbages, loose, in bulk.
Cake, for cattle feeding.
Carbonate of lime.
Carbonate of soda, or soda crystals.
Carrots.
Caustic soda.
Cement, e.o.h.p.
Chair bottoms, wooden, in the rough.
Chalk, ground.
Charcoal, packed.
Chertstone.
China grass, hydraulic or steam
press packed.
China stone.
Chloride of calcium.
Chromate ore.
Clay, in bags or casks.
Clips, cotton tie, packed.
Clog blocks, rough.
Copper ore.
Copperas, green, e.o.h.p.
Cotton waste, for paper making,
hydraulic or steam press packed.
Gullet (or broken glass).
Cutch.
Divi divi.
Dog, hen, and other pures or bates,
in barrels or bags.
Drain pipes, glazed.
Dross, metal.
Dyewoods
Barwood.
Fustic wood.
Lima wood.
Logwood.
Nicaragua wood.
Earth, red.
Earth nuts, or ground nuts.
Emery stone.
Ensilage.
Esparto grass, hydraulic or steam
press packed.
Extracts, in casks or boxes, for
tanners' use.
Farina, e.o.h.p.
Felloes, naves, and spokes.
Fenugreek seeds.
Flax, straw, hydraulic or steam
press packed.
Flax waste, for paper making, hy-
draulic or steam press packed.
Fleshings and glue pieces, wet,
from tanners, in casks.
Flints, e.o.h.p.
Flour.
Flue linings, or flue pipes, fire-
clay.
Forgings, iron or steel, in the rough,
e.o.h.p.
Fullers' earth.
Furniture vans, returned empty, if
from the same station and con-
signee to which and to whom
they were carried full to the
same station and consignor from
which and from whom they were
carried full.
Gambier and terra japonica.
Glass, ground.
Glaze, potters', in casks.
CLASSIFICATION <>K M KK< II AMMSi; TIJ. \KK1C.
369
CLASS C. continued.
Grain
Barley.
Beans, e.o.h.p.
Bran.
Brank or buckwheat.
Dan,
DiUs.
Groats.
Gurdgeons.
Hominy.
Indian corn.
Lentils.
Linseed.
Locusts or charubs.
Maize.
Malt.
Malt culms or cumniings.
Meal.
Middlings.
Millet.
Oat dust.
Oats.
Peas, dried or split.
Pollards or thirds.
Hice points or husks.
Eye.
Sharps or seconds.
Shelling.
Shudes.
Tares.
Vetches.
Wheat.
Grindstones, in the rough.
Grit in bags (for sawing stone).
Guano.
Guide plates or ramps, iron or steel.
Gypsum, e.o.h.p.
Hay, hydraulic or steam press
packed.
Heads and staves,prepared,f or casks.
Hoof and horn waste, e.o.h.p.
Horn piths or sloughs.
Horse-shoe bars, iron.
Hygeian rock building composition,
in bags or casks.
Infusorial earth or diatomite.
Iron and steel, the following arti-
cles of :
Anchors.
Angle bars, or plates.
Anvil blocks and cups.
Anvils, hammers, and standards,
for steam hammers.
Axle box guides, in the rough,
for locomotives.
Axle forgings, in the rough.
Axles, in the rough.
Axles and wheels (railway car-
riage, railway waggon, tram,
or corve).
Bar, e.o.h.p.
Beams.
Bearers.
Binders.
Bolts and nuts.
Boot protectors.
Bridgework
Cantilevers.
Cross and longitudinal girders.
Floor plates.
Girders, whole or in part.
Joists.
Lattice bars.
Screw and other piles, both
hollow and solid.
Struts and ties.
Bundles of bars.
Caissons.
Cart bushes.
Chain cables.
B B
370
PROVISIONAL ORDERS OF THE JJOARD OF TRADE.
CLASS C. continued.
Iron and steel continued.
Chains and traces, not packed.
Colliery tubbing.
Columns.
Corrugated iron.
Crowbars.
Curbing, for roadways.
Cylinders, not turned, drilled,
planed or slotted.
Engine bed plates.
Ferro-manganese, e.o.h.p.
Galvanised iron.
Gasometer sheets.
Girders.
Girder bars.
Granulated iron.
Gratings (man-hole, drain, pave-
ment, area, or floor).
Hammer heads, in the rough.
Heater bottoms.
Helves, or tilt hammers.
Hoop iron.
Hoop steel.
Hoops, iron.
Hoops, weldless, in the rough.
Horn blocks, in the rough, for
locomotives.
Housings, chocks, standards,
plain bed plates, pinions, coup-
ling boxes, and spindles, for
rolling mills.
Lamp posts.
Mortar mill rolls.
Nail rods and sheets.
Nails and spikes.
Pick blocks or pickheads, in the
rough.
Pipes (exclusive of rain water
pipos), gas, water, air, and
steam.
Pipes, for blast furnaces.
Iron and steel continued.
Plates-
Annealing.
Armour.
Black, in boxes, or not packed.
Boiler.
Furnace.
Hoe-head, in the rough.
Plough, in the rough.
Railway fish.
Bough flooring.
Ships.
Shovel.
Tank.
Press tops and bottoms, un-
finished.
Railway carriage
work.
and waggon
Railway chairs.
Railway points, crossings, or
joints.
Railway rails.
Retorts, retort lids, and retort
mouthpieces, in the rough.
Rivets.
Rods, common.
Rods (wire), rolled, not drawn.
Rolls, turned or unturned, not
polished or packed.
Roof work
Bed plates.
Gutters.
Rafters.
Struts and ties or tie rods.
Tun shoes for principals.
Wind ties-
Principals.
Purlins.
"Wrought or cast iron sl;y1;ivs.
Scrap, minimum load, three tons
per truck.
CLASSIFICATION OF MERCHANDISE TRAFFIC,
371
CLASS C. continued.
Iron and steel continued.
Shafts, for driving 1 mill wheels,
unfinished.
Sheet iron, not packed.
Shoe tips.
Sleepers.
Spiegeleisen, e.o.h.p.
Standards for hurdles, packed.
Strips, not packed.
Telegraph posts.
Telegraph stores
Black iron (cast) ridge chairs.
Galvanised and blacked earth
plates, in bundles.
Galvanised and blacked iron
loop rods.
Galvanised and blacked screw
tighteners, packed.
Galvanised and blacked stay
rods, in bundles.
Galvanised and blacked stay-
tighteners.
Iron poles, roofs or caps.
Malleable cast iron brackets,
galvanised, packed.
Tiles (roofing), painted, galva-
nised, or enamelled.
Tip iron.
Trawl heads.
Trunnions, unfinished.
Tubes and fittings for tubes (ex-
cept electro-coppered or coated
with brass).
T yrps and tyre bars, in the rough.
Wall boxes.
Wall brackets.
Weights.
Wire (iron), not packed or wrap-
pered.
Wire iron, rolled in rods or coils,
not packed.
Wire (steel), not packed or wrap-
pered.
Keel bars.
Lead ore.
Lime, e.o.h.p.
Lime salt.
Linen waste, for paper-making, hy-
draulic or steam press packed.
Magnesia, rough oxide of, in cases
or casks.
Magnesium, chloride of, in casks.
Manganate of soda, crude, in casks.
Mangel wurzel, e.o.h.p.
Manure, e.o.h.p.
Marble, in blocks, rough.
Marble chips, for pavement, in
sacks.
Megass, hydraulic or steam press
packed.
Mexican fibre, hydraulic or steam
press packed.
Millstones, in the rough.
Mineral white.
Moulders black or dust.
Muriate of manganese.
Muriate of potash.
Myrabolams.
Netting, old, for paper making.
Nitrate of soda.
Nitre cake.
Ochre.
Oil cake.
Old sails and old tarpaulins, for
paper making.
Oxide of iron.
Palmetto leaf, hydraulic or steam
press packed.
Parsnips.
Pearl hardening, for paper making.
Pelts, wet, from tanners, in casks or
bags.
Pig lead.
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS C. continued.
Pins, iron or steel.
Pipe clay.
Pitch, e.o.h.p.
Pitwood, for mining purposes.
Plaster.
Ploughshares, iron or steel, in the
rough.
Plumbago ore.
Posts, iron or steel, for wire fencing.
Potatoes, in bulk or in sacks.
Pots, iron, for melting iron.
Pyrites, e.o.h.p.
Bags, not oily, hydraulic or steam
press packed.
Railway cotters.
Railway keys, wooden.
Pail way waggons, and other rail-
way vehicles, e.o.h.p., loaded in
other waggons.
Rice.
Ridges (cement or stone), for roof-
ing.
Ridges, slate.
Ropes, old, for paper making.
Sago flour.
Salt, packed.
Salt cake.
Sand, glass and silver.
Sanitary tubes.
Sawdust.
Scouring rock.
Screw propeller blades.
Scrows, wet, from tanners, in casks.
Seeds, for crushing for oil.
Shafts of screw propellers or paddle-
wheels, iron or steel.
Shakings from cotton mills, for
paper making.
Shumac.
Silicate of soda.
Slag, glass (refuse from glass
works).
Slate, ground for cement.
Slummage.
Soapstone.
Soda.
Soda ash.
Sole bars, wooden.
Sole plates, iron or steel, for steam
hammers.
Soot.
Spar, ground.
Spelter, in plates or ingots.
Spetches, wet, from tanners, in
casks.
Sticks, pea and bean.
Stone, sawn or roughly wrought up,
such as troughs or sinks.
Straw, hydraulic or steam press
packed.
Stucco, ground.
Sugar mats, old, for paper making.
Sulphate of alumina.
Sulphate of ammonia.
Sulphate of copper, for export in
10 -ton lots.
Sulphate of iron.
Sulphate of lime.
Sulphate of magnesia.
Sulphate of soda.
Sulphur, crude or unmanufactured.
Targets, iron or steel.
Terra alba.
Terra cotta blocks and bricks.
Tiles, e.o.h.p.
Timber, actual machine weight.
Tow waste, hydraulic or steam press
packed.
Trenails.
Troughs, earthenware and fire-clay.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
373
CLASS C. continued.
Turnips, e.o.li.p.
Turn-tables, in parts.
Umber.
Valonia.
Vegetable tar.
AYnsliers, iron or steel.
Waste paper, for paper making.
Whiting and whitening.
Wire (of iron or steel, including
tinned or galvanised), in wrapped
coils, or not otherwise packed.
Wolfram.
Wood fibre, hydraulic or steam
press packed.
Wood pulp or half-stuff.
Wood turnings, for fish-curing.
Wooden blocks, for paving.
Wooden boxes, for packing tin
plates.
Zinc, white, or oxide of zinc.
Zinc, carbonate of.
Zinc ingots or plates.
Zinc sheets or rods.
When merchandise specified in Class C. is consigned in quantities of
less than two tons, the company may charge for such consignment the
conveyance rates applicable to Class 1 ; provided that the company shall
not charge more than as for a consignment of two tons.
CLASS 1.
Acetate of lead or sugar of lead.
Acetate of soda.
Acorns.
Ale arid porter, in casks.
Ale and porter, bottled, in cases or
casks.
Algerian fibre, machine pressed.
Anthracene, crude, in casks.
Ashes, pot and pearl.
Axles and wheels, locomotive engine
and tender.
Bagging, old, in bundles, for paper
making.
Bags, paper, in bags or bundles.
Barilla.
Bark, loose, for tanning.
Bars, roller, and bed plates for
pulling rags.
Beds and cylinders of steam engines.
Benders (for rails) or jim crows.
Bichrome and bichromate of potash
in casks.
Bichromate of soda, in casks.
Birch or ling, for besoms.
Biscuits, dog, in bags or casks.
Bisulphite of lime.
Black oil or black varnish, common,
in casks.
Blistered steel.
Bloom trucks.
Boards and rollers (wooden) for
drapers' cloth and for folding
paper.
Bogies, puddlers' tap.
Bolt and nut machines.
Bones, packed.
374
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 1 continued.
Boring, drilling, planing, punching,
shearing, and slotting machines
(for metal work), including beds
and tables.
Bottles and bottle stoppers, glass,
black, green, or pale, common,
packed.
Boundary posts (street), iron.
Box iron heaters.
Brattice cloth.
Brick-making machinery.
Bricks, air, cast-iron.
Broom and brush heads and blocks,
wooden, without hair.
Builders' implements, not new, and
consisting of mixed consignments
of the following :
Barrows.
Centerings.
Crab winches.
Hoists.
Mortar boards.
Mortar mills.
Poling boards.
Pulleys.
Hopes.
Scaffold boards.
Steps.
Struts.
Trestles.
"Wheeling pieces.
AYhi'i'ling plunks.
AVindlasses.
Bullets, small-arm.
Buttermilk.
Cabbages, o.o.h.p., minimum 20
cwt. per wa<j<n>n.
Candles, parallin, tallow, and stca-
rine.
Cannon.
Capstan bar^.
Capstans and windlasses.
Carbonate of ammonia, in casks or
iron drums.
Carbonate of potash, in casks.
Cardboard.
Castings (iron or steel), light, in
boxes, crates, cases, casks, or
hampers.
Castings, mill, forge, and other
rough and heavy unfinished cast-
ings, iron or steel.
Castor oil, for lubricating machi-
nery, in tins, packed in wooden
cases.
Caustic potash.
Chaff, hydraulic or steam press
packed.
Chairs and seats, garden, in parts,
packed in cases.
Charcoal, e.o.h.p.
Chestnuts.
Chestnuts, extract of, for tanning
purposes.
Chimney pieces, slate, not enamclk-d
nor polished.
Chimney pots, earthenware or fire-
clay.
China grass, machine pressed.
Chloride or muriate of zinc.
Cider and perry, not bottled, in
casks.
( 1 id IT and perry, bottled, in <.
or casks.
("'lips (iron) for boxes.
; irons.
Clog soles.
( 1 lotl) oil and wool oil.
('odiHa, in l.aL's, hydraulic or steam
packed.
fours, iir, in sacks or bags.
Copper profipitato.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
375
CLASS 1 continued.
Copper regains.
Copperas, e.o.h.p.
Copra (or oil pulp of cocoanut),
dried.
Cotton, raw, in press-packed bales.
Crab winches.
Cryolite.
Disinfecting powder.
Distilled water, in cases or casks.
Doors and door frames, iron or steel.
Drums, iron or steel, for collieries.
Dunnage mats.
Dye liquor refuse, from print or
dye works.
Dye woods, e.o.h.p.
Dye woods ground, in chips, in bags.
Esparto grass, machine pressed.
Extract of bark or wood, for tan-
ning.
Farina, calcined.
Felt, asphalted roofing, or tarred
felt, or tarred sheathing.
Fencing standards, iron, in concrete
blocks.
Fern, for litter or packing, hy-
draulic or steam press packed.
Firewood, in bundles.
Fish-
Cod and ling, dried.
Cod and ling, thoroughly cured
in brine.
Herrings, thoroughly cured in
brine.
Red herrings, thoroughly cured.
All other fish, thoroughly salted
or dried.
Cockles, limpets, mussels, whelks,
and periwinkles.
Flax, in bales, minimum GO cwt.
per waggon.
Flax straw, machine pressed.
Flax waste, for paper making.
Fleshings and glue pieces, dry, in
kfl ami Itags.
Fleshings and glue pieces, wet,
from tanners, not packed.
Flower sticks, wooden or cane,
common.
Frames and bed plates, iron or
steel, for timber sawing, boring,
morticing, or planing machinery.
Frames, iron or steel, for targets.
Fruit, minimum 20 cwt. per wag-
gon-
Apples.
Gooseberries.
Pears.
Fruit pulp, in casks.
Fuel economisers, iron or steel.
Ginger beer, in cases and casks.
Glass blocks, for pavement (fitted in
iron frames).
Glucose.
Glue.
Goat skins, thoroughly salted or
dry, in bales or bundles.
Granite, polished or dressed, in
blocks or slabs, exceeding 2 in.
in thickness.
Grates, wooden or wrought iron, for
purifying gas.
Grease, in casks.
Greaves.
Hair, wet, from tanneries.
Handles, broom, mop, rake, fork,
spade, shovel, hammer, and pick.
Handspikes, wooden.
Haricot beans.
Hay, machine pressed, minimum
40 cwt. per waggon.
Headstocks, iron or steel, for col-
lieries.
376
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 1 continued.
Hemp in bales, hydraulic or steam
press packed.
Hemp seed.
Hemp waste, for paper making.
Hide cuttings.
Hides, thoroughly salted or dry, in
bales or bundles.
Hoofs, horns, and horn tips, buffalo,
cow, goat, ox, and sheep, packed.
Horns, with slough.
Horse shoes.
Hurdles, iron or wood, e.o.h.p.
Hydraulic machinery and presses.
Iron and steel, the following articles
of:
Axle boxes.
Dredger buckets and bucket backs.
Malt kiln flooring (iron wire),
packed in cases.
Pans, annealing.
Plates-
Canada.
For glass rolling.
Tin.
Eailway buffers, buffer heads,
rods and sockets.
Railway springs.
Railway spring steel.
Rings.
Scrap, e.o.h.p.
Smith's hearths.
Standards for hurdles, not packed.
Tinned iron, in sheets, not packed.
Tram couplings.
Traps, sink and stench.
Jute.
Jute waste, for paper making.
Kelp.
Kips, thoroughly salted or dry, in
bales or bundles.
Ladders, iron.
Ladles, puddlers'.
Lasts, iron.
Lathe beds.
Lead ashes, in bags.
Lead piping, in cases or casks.
Leather cuttings or parings, waste.
Lemon peel and citron peel.
Lime water in casks.
Linen waste, for paper making.
Litharge.
Malleable iron castings.
Marble chip pavement.
Megass, machine pressed.
Mexican fibre, machine pressed.
Millboard.
Mineral and aerated waters, in cases
and casks.
Molasses.
Mortar mills.
Muriate of ammonia.
Mustard seed.
Nail (iron) cutting machines.
Nitrate of lead.
Oil cloth cuttings, for paper making.
Oils, not dangerous, in casks or iron
drums, round or tapered at one
end, as follows :
Carbolineum avenarius.
Castor.
Cocoanut.
Cod.
Cod liver.
Colza.
Cotton seed.
Earth nut or ground nut.
Haddock.
Herring.
Lard.
Linseed.
CLASSIFICATION OF MERCHANDISE, TRAFFIC.
CLASS 1 continued.
Oils con tinned.
Lubricating mineral.
Menhadden.
Niger.
Oleic.
Oleine or tallow.
Palm.
Palm nut.
Pine.
Rape seed.
Rosin.
Seal.
Shale, crude.
Sod.
Sperm.
Tar, mineral.
Train.
Whale.
Wool or cloth.
Old or scrap lead.
Onions.
Orange peel.
Osiers, twigs, and willows, green
and wet.
Palmetto leaf, machine pressed.
Paper, for news printing, packing,
or wrappering.
Paper, in rolls for printing paper
hangings.
Paraffin scale.
Paraffin wax.
Pasteboard.
Pelts, wet, from tanners, not packed.
Piassava, hydraulic or steam press
packed.
Pickblocks or pickheads, iron or
steel, e.o.h.p.
Pigs, dead, in carcase not packed or
wrapped, carried in open wag-
gons at traders' request.
Pipes, air, for ventilators.
Pit cages.
Plaster slabs, fibrous.
Plate or sheet iron, annealed.
Plough arm and share moulds and
moulding, iron or steel.
Plough bodies, breasts, colters, side
caps, frames, or rests, iron or
steel.
Plough plates, finished, iron or
steel.
Plough shares, finished, iron or
steel.
Plough slades and wheels, iron or
steel.
Provender, green.
Provender, horse or cattle, hydraulic
or steam press packed.
Pumice stone.
Pumping machines.
Pumps (except hand pumps, brass),
and pump castings, e.o.h.p.
Punching bears.
Putty, e.o.h.p.
Bags, not oily.
Red lead.
Retorts, clay.
Retorts, fire brick.
Riveting machines.
Rod lead.
Rollers, garden or hand.
Rosin.
Rotten stone.
Saccharine, in casks, bags, pails,
or cans.
Sad irons, packed.
Salammoniac.
Saltpetre.
Sawing machines, for sawing iron.
Scrap tin.
378
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 1 continued.
Screw jacks, iron.
Screws, dry, in casks or bags.
Scrows, wet, from tanners, not
packed.
Scythe stones.
Seal pipes or valves, iron or steel.
Shafts, wrought iron, for driving
mill wheels, finished.
Sheep dipping powder.
Sheepskins, in casks and thoroughly
salted, or dry in bales or bundles.
Sheep wash.
Sheet lead.
Ships' stern or rudder frames.
Shot, lead, in bags, packed in cases.
Shovel plates, iron or steel, finished.
Silicate cotton or slag wool, in casks
or bags.
Sink traps, earthenware or fireclay.
Sinks, earthenware or fireclay.
Size, in cases or casks.
Skid pans or waggon slippers, iron.
Slate slabs, not polished or ena-
melled, in cases.
Soap.
Solder.
Spade trees.
Spelter sheets, in casks or cases.
Spetches, dry, in casks or bags.
Spetches, wet, from tanners, not
packed.
Spile pegs.
Stampings, iron or steel, rou^-h,
unfinished, not tinned or galva-
nised.
Staples, iron.
Steam hammers.
Stearine.
Stone cutting and crushing ma-
chin* -.
Straw, machine pressed, minimum
40 cwt. per waggon.
Strawboard.
Strawboard cuttings, for paper
making.
Studs, iron or steel.
Sugar, in bags, cases, or casks.
Sulphate of copper, e.o.h.p.
Sulphur, e.o.h.p.
Surat bagging, for paper making.
Syrup, in casks.
Tabling, water (cement).
Tallow.
Tares or wrappers, for cotton bales.
Telegraph insulators, earthenware,
packed.
Telegraph stores
Wrought iron double swivels.
Malleable cast iron double-wall
brackets.
Malleable cast iron saddles.
Terra-cotta caps or stoppers.
Timber, measurement weight.
Tin ore.
Tow, in bales, minimum 60 cwt. per
waggon.
Tow waste, for paper_making.
Treacle.
Trestles, wrought iron.
Turpentine, crude, in casks.
Valves, gas or water, iron or steel.
Vegetables, desiccated, for cattle
food.
Vegetables, in brine.
V-jj -tables, not packed, e.o.h.p.,
minimum 20 cwt. per waggon.
Verjuice, in casks.
Yini-iiMi-, in casks.
AVa-'-on bodies, in pieces bound
her.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
379
fY.vs.s 1 t'tmtinucd.
Washing and wringing- machine
rollers.
Washing powder and paste.
Wheelbarrows, in parts.
Wheels, cart and plough, iron or
steel.
Wheels, fly or spur.
Wheels, wheelbarrow, iron or steel.
White lead.
Winches, hand.
Window guards, iron.
Woad.
Wood fibre, in bales.
Wood pulp middles.
Wood treads, in frames for stairs.
Yellow metal plates and sheathing.
Zinc ridges.
CLASS 2.
Acetate of alumina, in casks or iron
drums.
Acetic or wood acid, in casks.
Acid cresylic, in casks or iron
drums.
Agricultural and portable steam
and traction engines, vertical
steam engines, horizontal steam
engines, steam ploughs, steam
plough vans, steam tram engines,
threshing machines, road rollers,
and harrows.
Agricultural machines and imple-
ments, in cases.
Agricultural seeds.
Ale and porter (bottled) in hampers.
Alkanet root.
Ammonia, liquid, in casks or iron
drums.
Animal guts, in casks.
Annotto, in casks.
Antimony regulus.
Argols or tartars.
Arrowroot.
Arsenic acid, in casks.
Asbestos.
Axle boxes, brass.
Axles, not in the rough, e.o.h.p.
Bacon and hams, cured, packed.
Bagging, e.o.h.p.
Bags, hand, common (hemp).
Bags, paper.
Balusters, iron.
Bark, for tanning, e.o.h.p.
Bark, ground, packed in bags.
Baskets, iron.
Bass and whisk, for making brooms.
Bass baskets.
Bass mats and bass matting.
Bedsteads, metallic, in cases.
Beef, in brine.
Bees' wax.
Besoms.
Bicarbonate of soda, in boxes,
crates, or hampers.
Biscuits.
Blackberries or brambleberries.
Blacking.
Black lead.
Bleaching liquids, in casks.
Blood, in casks or iron drums.
Blue powder and stone and smalts,
in casks, cases, boxes, or bags.
Boards, made of compressed leather.
Bobbins, in bags.
380
PROVISIONAL ORDERS OF THE HOARD OF TRADE.
CLASS 2 continued.
Boilers and boiler fittings, iron or
steel.
Bone-crushing mills.
Bones, e.o.h.p.
Boot and shoe linings, cotton or
linen.
Borax.
Bottle stoppers, wood, packed.
Bottles, earthenware or stoneware.
Bowls, iron, nested or packed.
Brass.
Bread.
Bristles, in boxes, cases, or casks.
Bronze (phosphor or manganese)
castings, and ingots, rough.
Buckets and pails, iron, nested or
packed.
Bungs, wood, or shives.
Buoys.
Butter, in casks, firkins, baskets, or
boxes, or in tubs or cools with
wooden lids.
Cabbages, packed, e.o.h.p.
Caloric engines.
Canary seed.
Candles, e.o.h.p.
Carbolic acid, liquid, in casks or
iron drums.
Carbolic seed dressing.
Carbonate of magnesia.
Carbonate of potash, e.o.h.p.
Cartridge cases, exploded.
Cattle food, prepare I.
Celery.
Chains and traces, packed.
Chairwood, rough, uiidamageable.
Cheese, in boxes, casks, and cases.
Chestnuts, extract of, e.o.h.p.
Chicory.
Chimney pieces, cement or concrete.
China, in casks or crates.
Chlorate of potash.
Chlorate of soda, packed in hampers
or casks.
Chloride of potash, packed in
hampers or casks.
Chocolate.
Cider and perry (bottled) , in hampers.
Clothes pegs, packed.
Coal scuttles, common, iron or gal-
vanised, nested or packed.
Cobalt ore.
Cocoa.
Cocoa-nut fibre, husk, shell, or
matting, packed.
Codilla, e.o.h.p.
Coffee.
Coir junk.
Coir rope.
Colliery screens or tips.
Colours, in casks or iron drums, or
in tins packed in cases.
Confectionery, in cases, casks, or
boxes.
Copper.
Corn flour, patent.
Corves (small waggons for use in
collieries).
Cotton, raw, e.o.h.p.
Cotton and woollen waste.
Cranberries.
Cranes or cranework.
Crucibles, plumbago or clay.
Curling stones.
Currants (grocers').
Cyanite, in casks or iron drums, or
in tins packed in cases.
Dandelion roots.
Dates.
Delta metal.
Dextrine.
CLASSIFICATION iK MERCHANDISE TRAFFIC.
381
CLASS 2 continued.
Dishes, iron.
Distilled water, e.o.h.p.
Dollies and peggies, wooden, for
laundry purposes.
Dripping, in casks, boxes, tins, or
tubs with lids.
Dubbin.
Earthenware, in casks or crates.
Electric accumulators.
Electric insulators.
Emery.
Emery dust.
Emery rollers and emery wheels, in
boxes or cases.
Envelopes, straw, for bottles.
Fat, raw.
Felt (not carpeting).
Figs, dried.
Files or rasps, iron or steel.
Filters, cast iron.
Fire boxes of portable steam and
traction engines.
Fire lighters.
Fish-
Herrings and sprats, in any state,
e.o.h.p.
fish, partially cured, smoked,
or dried, e.o.h.p.
Crabs.
Flag poles or Venetian masts.
Flax, in bales, e.o.h.p.
Flax seed, for sowing.
Flax waste, e.o.h.p.
Fleshings and glue pieces, e.o.h.p.
Flocks.
Flower pots, clay, common, un-
glazed.
Forges, portable, in pieces packed
in boxes.
Forges, portable, whole, cased in
iron.
Forks, digging, in cases.
Fruit, crystallised, in boxes, cases,
or casks.
Fruit-
Apples, gooseberries, and pears,
e.o.h.p.
Cherries, raspberries, straw-
berries, in tubs for jam.
Fruit, ripe, e.o.h.p.
Funnels, air or ship.
Fustic liquor.
Gall nuts.
Garancine.
Gas engines, complete.
Gates, iron or wooden, common.
Ginger beer, e.o.h.p.
Glass blocks, for pavement (not
fitted in frames).
Glycerine, in casks or iron drums.
Grates, ovens, ranges, or stoves,
common or kitchen.
Gridirons.
Grindstones, e.o.h.p.
Gums, in mats, bags, casks, or
cases.
Gun carriages.
Gun metal.
Hair, raw, pressed, in bales or
bags.
Hames.
Harrow shafts, tube iron or tube
steel.
Hay, e.o.h.p., minimum load 30 cwt.
per waggon.
Hay forks, in cases.
Hay rakes, hand, in cases.
Hemp, e.o.h.p.
Hessians, jute.
Hinges, iron, or steel.
Hoes, hand.
382
PROVISIONAL ORDERS OF THE HOARD OF TRADE.
CLASS & continued.
Hollow-ware, cast iron, nested and
packed.
Hooks, ceiling.
Hooks, clip, galvanised iron.
Hoops, wooden.
Ice.
Ink, except printers', in boxes,
casks, or crates.
Iron liquor or muriate of iron.
Ivory black.
Ivory waste or dust.
Japan wax.
Jars, earthenware or stoneware.
Kitool fibre.
Knife boards.
Ladders, wooden.
Laminated lead.
Lard, in casks, boxes, tins, or tubs
with lids.
Lasts, wooden.
Lead piping, e.o.h.p.
Leather, undressed, except in cases
or crates.
Lemon and lime juice, in cases or
casks.
Lemons.
Linen waste, e.o.h.p.
Linen yarn, press packed, in
bunches or bales.
Linens, grey, unbleached.
Locomotive engines and tenders,
loaded in railway companies'
waggons.
Logwood liquor.
Machinery, in parts, in cases,
e.o.h.p.
Madders.
Marbles, childr*
Margarine, in ea-ks, iirl.m-. or
boxes, or in tubs with wooden lids.
Millstones, finished.
Mineral and aerated waters, e.o.h.p.
Molliscorium.
Mordant liquors (including alum
liquor, dunging liquor, and red
liquor).
Mungo.
Mushroom pulp.
Mushroom spawn.
Mustard, in casks, cases, boxes, or
Nails, zinc.
Netting, of iron wire.
Newspapers, in bales.
Nickel ore.
Nitrate of copper, in casks.
Nitrate of iron.
Nuts, e.o.h.p.
Oakum.
Oils, not dangerous, in casks or
iron drums, round or tapered at
one end, e.o.h.p.
Oranges.
Orchilla weed.
Osiers, twigs, and willows, brown.
Paints, in casks or iron drums, or
in tins packed in eases.
Palisades, iron.
Palm leaves.
Paper, emery, sand, and tobacco.
Paper hangings, common, in bales.
Pa rail in and petroleum oils, in
owners' tank waggons, not giving 1
off inflammable vapour under
73 Fahr., when tested in tho
manner set forth in the Petro-
leum Act, 1879.
Parian, in casks or crates.
PelN e.o.h.p.
Pewter,
I ASSIF1CAT10N OF MKUCIIANDISE TRAFFIC 1 .
continued.
Piassava, e.o.h.p., miiiiiiium 20 c-\vt.
per waggon.
Picks
Picker bends.
Pickles, in boxes, cases, or casks.
Pimento.
Piston rods, steel.
Plough shafts, tube iron or tube
steel.
Plumbago.
Polishing paste.
Pork, in brine.
Poultry pens (wire), folded.
Preserves (fish, fruit, meat, and
provisions), in casks, boxes, or
cases.
Printed matter, not bound.
Provender, horse or cattle, e.o.h.p.
Prunes, in casks or mats.
Pumps and pump castings, in cases.
Hags, pulled.
Railway waggon bodies.
Railway waggon bodies, fitted to-
gether.
Railway waggon brasses..
Rain water pipes, for spoutings
and their connexions, cast-iron.
Raisins.
Reed webbing, for ceilings.
Revalenta arabica.
Rhubarb and rhubarb roots.
Rizine.
Rolls, iron, e.o.h.p.
Ropes.
Ropes, wire.
Sacks.
Sad irons, e.o.h.p.
Safes, iron or steel.
Sago.
Sauces, in boxes, cases, or casks.
Scoops, iron.
Scrap zinc.
Screw propellers.
Scrolls, iron (for fixing springs to
carts and carriages).
Screws, e.o.h.p.
Seal skins, wet and salted.
Seaweed (dry) or alga marina.
Seeds, agricultural, e.o.h.p.
Semolina.
Sheets, wool, new.
Ships' masts.
Ships' ventilators.
Shoddy.
Shoemakers' wax.
Shot, lead, e.o.h.p.
Shumac liquor.
Signal posts (railway) and materials
belonging thereto.
Silicate cotton or slag wool, e.o.h.p.
Sinks, cast iron, not enamelled.
Size, e.o.h.p.
Slate pencils.
Slates, writing.
Spades and shovels, iron or steel.
Spelter sheets, e.o.h.p.
Spetches, e.o.h.p.
Spirits of tar, in casks or iron
drums.
Spoutings and connexions, iron or
steel.
Stable fittings (except enamelled),
iron or steel.
Stannite of potash.
Stannite of soda.
Staples (wire), for bookbinders.
Starch, in casks, cases, boxes, or
bags.
Steam excavators or steam navvies.
Steel, bars and bundles.
384
PROVISIONAL ORDERS OF THE JJOARD OF TRADE.
CLASS 2 continued.
Stone blue, in casks, cases, boxes,
or bags.
Stone, carved for building purposes,
e.o.h.p.
Strickles, in boxes or cases.
Sugar mills.
Tamarinds.
Tapioca.
Tapioca flour.
Tarpaulins.
Tartar, liquid.
Terne metal.
Tin, in blocks, cakes, or ingots.
Tincal.
Tinfoil.
Tin liquor.
Tobacco juice, in casks.
Tobacco leaf, in hogsheads or
tierces.
Tobacco stoves or presses.
Tools, well-boring and pit-boring.
Torchwick.
Tow, in bales, e.o.h.p.
Tow waste, e.o.h.p.
Tubes, coated with brass.
Tubes, electro-coppered.
Tubes, steam, brass or copper.
Tubs, iron.
Tue irons.
Turmeric.
Turpentine, spirits of, in casks or
iron drums.
Twine.
Umbrella sticks, in the rough.
Varnish, in casks or iron drums.
Vegetable wax.
Vegetables, packed, e.o.h.p.
Vices, iron or steel.
Vinegar, in cases.
Walking sticks, in the rough.
Walnuts, green, and husks.
Washers, leather.
Weighing machines, large (those
used for weighing railway or
other vehicles, and also cattle).
Window frames, iron, packed in
cases.
Window shutters, iron or steel.
Wines, British, in casks.
Wire, cotton-covered, in casks,
hampers, cases, and canvas-
covered coils.
Wire, iron or steel, e.o.h.p.
Wire, lead.
Wood, bent, rough, unfinished.
Wool, raw.
Yarn, twist, and weft, cotton and
linen, in bales, bags, wrappers,
cases, boxes, skips, or casks.
Yeast, in bags, or in bags in
baskets, hydraulic press packt
dry.
Yellow .metal bolts and nails.
Yellow metal rods.
/inc bars.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
385
CLASS 3.
Ale coolers.
Algerian fibre (not hydraulic or
steam press packed or machine
pressed) in full truck loads, or in
consignments of 20 cwt.
Alizarine, in casks or iron drums.
Almonds.
American or leather cloth.
Ammonia, liquid, in bottles (other
than carboys) in cases.
Angelica root.
Aniseed.
Apple rings, in slices, dried.
Apples, dry, or pippins.
Arsenic acid, e.o.h.p.
Awl blades.
Bacon and hams, cured, e.o.h.p.
Baking powder.
Baths.
Bayonets.
Beadings and mouldings, gilt
lacquered, or varnished, packed
in boxes.
Bed keys.
Bedsteads, e.o.h.p.
Beehives, made of wood.
Bellows, packed.
Bellows pipes.
Bell- ringing (carillon) machinery.
Bells, small.
Belting for machinery.
Bichromate of soda, e.o.h.p.
Bichrome and bichromate of potash,
e.o.h.p.
Bicycle stands, wrought iron.
Bins, corn or wine.
Bit burnishers, packed.
Bits, iron or steel.
D.
Bitters, in casks or cases.
Black beer.
Bladders, in casks.
Blankets.
Blanks, bronze and copper, for
stamping for coins.
Blinds, paper.
Blinds, Venetian and chain, in
cases, crates, or frames.
Blowing engines.
Blow pipes.
Blue, laundry, liquid, in boxes,
cases, casks, or iron drums.
Blue paste.
Blue powder and stone and smalts,
e.o.h.p.
Boards, parquet flooring.
Boards, washing.
Bobbins, e.o.h.p.
Bolts, door.
Books, e.o.h.p.
Boothing or stalling.
Boots and shoes, including goloshes,
and leather cut into boot shapes,
in casks, cases, or boxes.
Boracic acid.
Bottle jacks.
Bottles and bottle stoppers, glass,
e.o.h.p.
Bowls, wood or iron, e.o.h.p.
Boxes or trunks, tin or sheet iron,
packed in crates or cases.
Boxes, safety.
Box or Italian irons.
Braces, except silk, for wearing
apparel, in bales, packs, or
trusses.
Brands, iron or steel.
c c
386
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 3 continued.
Brass work, spun or stamped,
packed.
Broom and brush heads, e.o.h.p.
Brooms and brushes, packed.
Brush backs, xylonite.
Buckets and pails, e.o.h.p.
Buckles, iron, steel, or brass.
Buckram.
Bullet moulds.
Busks, wooden, horn, or steel.
Butter, in crocks in wood, or in
crocks when packed with straw
in baskets.
Buttons, except gold, silver, or
plated.
Calicoes.
Calipers.
Candlesticks, brass or iron.
Candlewick.
Canvas.
Cap peaks, not oily.
Caps, men's or boys', except silk,
in bales, packs, or trusses.
Capsules, metal, in cases.
Carbon candles, for electric lighting.
Carbonate of ammonia, in cases.
Card cloth.
Cards, for weaving, packed in cases.
Carpet bag frames.
Carpet bags.
Carpet beating machines.
Carpet lining (cork).
Carpeting.
Carpeting (cork).
Carra\vay seeds.
Carriage and cart stops.
Carriage and foot warmers.
Cartridge cases, brass.
Castings, brass, German silver, or
nickel.
Castings, iron, light, e.o.h.p.
Castings, sanitary, iron or steel,
for public urinals and water-
closets.
Castings, steel, e.o.h.p.
Castor oil, in boxes.
Castors, of all kinds.
Cellarets, wrought iron.
Chaff, in bags, not for cattle feeding.
Chains, curb or door.
Chalk, French.
Chalk, prepared.
Cheese, e.o.h.p.
Cheese presses.
Chemicals, not dangerous, corro-
sive, or explosive, in casks, iron
drums, bales, or bags.
Chimney pieces, marble or slate,
e.o.h.p.
China, in hampers.
China grass (not hydraulic or steam
press packed, or machine
pressed) in full truck loads, or
in consignments of 20 cwt.
Cinder sifters.
Cinnabar ore.
Clasps, book, boot, or belt, except
gold, silver, or plated.
Clock dials.
Clogs, in casks, cases, or boxes.
Clothing (exclusive of silk goods),
if packed in trusses, packs, or
bales.
Clothing, for soldiers, police, prison
warders, railway porters, postal,
and telegraph (except busbies or
helmets).
Clothing, waterproof (except oily
canvas clothing).
Cloth, linen packed.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
387
CLASS 3 continued.
Coach and upholsterers' trimmings,
in packs, trusses, or bales.
Coach fittings, metallic, packed.
Coach wrenches.
Coal scuttles, metallic, packed, in
cases or boxes.
Cob nuts.
Cocoa-nut fibre, husk, shell, or
matting, e.o.h.p.
Cocoa-nuts.
Coffee extract or essence.
Coffee mills, small hand.
Coffin furniture, metallic.
Coin, copper or bronze.
Collars, dog.
Collars, rush, for horses.
Colliery pulleys.
Colours, in cans, hampers, boxes,
or iron bottles.
Combs.
Copying presses.
Coquilla nuts.
Cordials, in casks or cases.
Coriander seed.
Corkscrews.
Cork shavings or cuttings.
Cork socks, in boxes, cases, or casks.
Corkwood.
Cornice poles, wood, in bundles,
without rings or ends, not gilt.
Corozzo nuts.
Cotton and linen goods, in bales,
boxes, cases, packs, or trusses,
e.o.h.p.
Cotton and linen thread.
Cotton and woollen slops, in ham-
pers, bales, or boxes.
Cotton wool, dressed and carded.
Crucibles, e.o.h p.
Cummin seed.
Curry combs.
Cutlery.
Cyanite, in cans, hampers, boxes,
or iron bottles.
Dies and die stocks.
Dishes, wood.
Drapery, heavy. Packages con-
taining any of the following
articles :
American or leather cloth.
Blankets.
Boots and shoes, including
goloshes, in casks, eases, or
boxes.
Buckram.
Buttons, except gold, silver, or
plated.
Calicoes.
Carpet bags.
Carpeting.
Clothing, waterproof (except oily
canvas clothing).
Cotton and linen goods, in bales,
boxes, cases, packs, or trusses,
e.o.h.p.
Cotton and linen thread.
Cotton and woollen slops, in
hampers, bales, or boxes.
Druggeting.
Elastic webbing.
Eyelets.
Flannel.
Floor cloth, including oil cloth,
boulinikon, kamptulicon, and
linoleum.
Hearth rugs, except skins.
Hooks and eyes.
Huckabacks.
Indiarubber goods, except shoes
and goloshes.
c c V
388
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 3 continued.
Drapery continued.
Laces, boot and stay, cotton or
leather.
Linen cloth, packed.
Paper collars, cuffs, and shirt
fronts.
Shirts, cotton, woollen, and linen,
in bales, packs, or trusses.
Stays, not silk.
Tapes.
Thimbles, not gold, silver, or
plated.
Wadding, cotton.
"Woollen and worsted yarn.
Dripping, in crocks in wood, or in
tubs or tins without lids.
Druggeting.
Drugs, in casks, bales, or bags.
Drysalteries, in casks.
Dust preventers.
Dutch metal and leaf.
Dyes, in casks and iron drums.
Earth closets.
Earthenware, in hampers.
Eggs, in boxes, cases, or crates.
Elastic webbing.
Electric batteries.
Electric cable.
Emery rollers and emery wheels,
e.o.h.p.
Esparto grass (not hydraulic or
steam press packed, or machine
pressed), in full truck-loads, or
in consignments of 20 cwt.
Eyelets.
Fenders, packed in crates, cases, or
boxes.
Fenders, kitchen, iron or steel.
Fenders, ships', cork or hemp.
Fents and tabs, cotton and woollen.
Fern, for litter or packing, e.o.h.p.,
minimum 20 cwt. per waggon.
Ferrules, iron, brass, or steel.
Filberts.
Filters, earthenware.
Fire engines, steam.
Fire escapes.
Fire extinguishers (hand grenade),
packed.
Fire guards, metal.
Fire irons.
Fish, fresh, e.o.h.p.
Fish glue.
Fish hooks.
Flannel.
Flax, e.o.h.p.
Flax straw (not hydraulic or steam
press packed, or machine pressed),
in full truck loads, or in consign-
ments of 20 cwt.
Floor cloth, including oil cloth,
boulinikon, kamptulicon, and
linoleum.
Flour- dressing or purifying ma-
chines.
Flower roots (not orchids).
Forges, portable, e.o.h.p.
Forks and spoons.
Forks, toasting, iron.
Fruit, ripe, not hothouse
Apricots.
Cherries.
Nectarines.
Peaches.
Easpberries.
Strawberries.
Fustian and corduroy.
Gas fittings, in parts, except brass
and copper tubing.
Gas meters.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
389
CLASS 3 continued.
Gelatine.
German silver, in sheets.
German silver wire, in casks and
cases.
Ginger, e.o.h.p.
Gins, wheels with frames, for
hoisting purposes.
Glass beads.
Glass, crown, rolled, or sheet.
Glass, flint, e.o.h.p
Glass, plate, rough.
Glass, plate, not silvered.
Gloves, cotton, woollen or worsted,
in bales, packs, or trusses.
Gloves, rough leather, for labourers.
Glycerine, in cases or boxes.
Glycerine grease, for lubricating
purposes, in tins packed in
wooden cases.
Goat skins, e.o.h.p.
Granite, polished or dressed, e.o.h.p.
Grapes, packed in cork-dust or saw-
dust in casks.
Grindery.
Groceries, mixed.
Packages consigned as mixed
groceries may include any
grocery articles set out in
classes hereinbefore men-
tioned or in this class, the
following articles in Class
4:
Cardamoms.
Citric acid.
Confectionery, e.o.h.p.
Crystallised fruits, e.o.h.p.
Meat pies.
Preserved ginger.
Sausages.
Yeast, e.o.h.p.
and the following in Class 5 :
Blue, laundry liquid, e.o.h.p.
Groceries continued.
Cinnamon.
Cloves.
Cochineal.
Cordials, e.o.h.p.
Extract of meat.
Indigo.
Isinglass.
Lard, e.o.h.p.
Nutmegs.
Gums, e.o.h.p.
Gun barrels, rough.
Gun locks and gun furniture.
Gun stocks.
Gun wads.
Guns, machine, in cases.
Gutta percha, raw.
Guttering or corrugating machines,
e.o.h.p.
Hair, for manufacturing purposes,
e.o.h.p.
Hair cloth.
Hammer heads, e.o.h.p.
Hammers (not steam), e.o.h.p.
Handcuffs.
Handles, chest and saucepan.
Harness fittings, metallic packed.
Harness or saddlery, in tin-lined
cases or casks.
Hardware Packages containing
any hardware articles (not gold,
silver, or plated) set out in
classes hereinbefore men-
tioned, or in this class, and
any of the following articles (not
gold, silver, or plated), viz. :
Awl blades.
Bayonets.
Bed keys.
Bedsteads, metallic, in strawed
bundles.
390
PROVISIONAL ORDERS OF THE BOARD OF TKADE.
CLASS 3 continued.
Hardware continued.
Bellows, packed.
Bellows pipes.
Bells, small.
Bicycle stands, wrought iron.
Bit burnishers, packed.
Bits, iron or steel.
Blanks, bronze and copper, for
stamping for coins.
Blow pipes.
Bolts, door.
Bottle jacks.
Boxes, safety.
Boxes or trunks, tin or sheet iron,
packed in crates or cases.
Box or Italian irons.
Brands, iron or steel.
Brasswork, spun or stamped,
packed.
Buckles, brass, steel, or iron.
Bullet moulds.
Busks, wooden, horn, or steel.
Buttons.
Calipers.
Candlesticks, brass or iron.
Carpet bag frames.
Carriage and foot warmers.
Cartridge cases, brass.
Cart steps.
Castings, brass, German silver,
or nickel.
Castors, of all kinds.
Chains, curb or door.
Cinder sifters.
Clasps, book, boot, or belt.
Coach fittings, metallic, packed.
Coach wrenches.
Coal scuttles, metallic, packed in
cases or boxes.
Coffee mills, small hand.
Hardware continued.
Coffin furniture, metallic.
Collars, dog.
Copying presses.
Corkscrews.
Curry combs.
Dies and die stocks.
Dust preventers.
Eyelets.
Fenders, packed in crates, cases,
or boxes.
Ferrules, iron, brass, or steel.
Fire guards (metal).
Fire irons.
Fish hooks.
Forks and spoons, metal.
Forks, toasting, iron.
Gas fittings, in parts, except
brass and copper tubing.
Gins, wheels, with frames for
hoisting purposes.
Grindery.
Gun barrels, rough.
Gun locks and gun furniture.
Hammer heads, packed.
Hammers, not steam, e.o.h.p.
Handcuffs.
Handles, chest and saucepan.
Harness fittings, metallic, packed.
Hat and umbrella stands, cast-
iron.
Hay forks, in bundles.
Hinges, brass.
Hooks, boot and button, hat and
coat, and reaping.
Hooks and eyes.
Horse clippers, packed in casks
or cases.
Jacks, small.
Japanned ware, in casks or cases.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
391
CLASS 3 continued.
Hardware con tin ued.
Kitchen fireplace stands.
Knitting pins.
Knives or blades for cutting ma-
chines.
Knobs, range, iron or steel.
Knobs, door.
Knockers, door.
Ladles, not puddlers', iron.
Lamp burners.
Lanterns, tin or iron.
Latches, door.
Locks and keys.
Magnets.
Match boxes, japanned or ena-
melled tin, new, empty, packed.
Matchetts.
Medals, brass or copper.
Military ornaments.
Mortars and pestles, iron or steel.
Nails and rivets, brass or copper.
Needles (in tin-lined cases).
Nut-crackers.
Ornaments for saddlery, brass,
iron, or steel.
Ornaments for uniform.
Pans, ash.
Pans, copper, for closets.
Pans, dust.
Pans, warming.
Patten rings.
Patterns, travellers', hardware.
Percussion cap shells.
Pins, metal, in boxes.
Plates, door.
Plates, iron, enamelled.
Pliers
Powder flasks.
Pulley blocks, iron.
Hardware continued.
Pulleys, iron.
Pumps, hand, brass.
Railway carriage keys.
Refrigerators.
Riddles.
Saddletrees.
Scales and weights, letter.
Screws, brass, copper, or zinc.
Screws, table expanding.
Scythe blades.
Scythes and sickles.
Shears, garden and sheep.
Ships' logs, metal.
Shoe horns and pegs, metallic.
Show tablets, metal, enamelled.
Skates.
Skewers, iron or steel.
Snuffers, iron or steel.
Spanners.
Spittoons, iron.
Spring balances.
Springs, chair, sofa, mattress,
door, or cart.
Spurs.
Stair rods.
Steelyards.
Stirrups.
Sugar nippers.
Sweat scrapers, packed.
Syringes, garden.
Tacks.
Taper holders, metal.
Taps, brass.
Terrets.
Thimbles.
Tinware, in casks or cases.
Tips, brassed, for boot heels.
Tobacco boxes, metal.
392
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 3 continued.
Hardware continued.
Tools, carpenters', coopers', edge,
joiners', masons', and ship-
wrights'.
Traps, sink, brass or copper.
Traps, vermin.
Trays, iron or steel.
Trivets, iron or steel.
Trouser stretchers, iron, portable.
Trowels.
Tubes, brass or copper (except
steam tubes), packed.
Umbrella fittings.
Umbrella stretchers.
Valves, brass.
Ventilators, small, iron or brass,
for buildings, packed.
Washers, brass or copper.
Weights, brass.
Wire, copper or brass, packed in
cases or casks, or in bags.
Hassocks.
Hat and umbrella stands, cast-iron.
Hats, rush, in bales, trusses, and
hampers.
Hay forks, in bundles.
Hay rakes, hand, e.o.h.p.
Hearthrugs, except skins.
Heel balls, shoemakers'.
Helmets, metal, in cases or boxes.
Herbs, green.
Hides, e.o.h.p.
Hinges, brass.
Hollow-ware, iron, includingkettles,
pans, maslins (pots for boiling
fruit), and water cans, in casks
or crates.
Honey, in casks, or in jars packed
in crates or cases.
Hoofs, horns, and horn tips, buffalo,
cow, goat, ox, and sheep, e.o.h.p.
Hooks and eyes.
Hooks, boot, button, hat, coat,
reaping.
Hops.
Horse clippers, packed in casks or
cases.
Hosiery, in bales, packs, or trusses.
Huckabacks.
Hurdles, iron or steel, on wheels.
India rubber goods, except shoes
and goloshes.
India rubber, raw.
Ink, printers'.
Jacks, small.
Japanned ware, in casks or cases.
Jews' harps.
Joiners' work (common wood)
Headings and mouldings (not
gilt, lacquered or varnished),
doors and door frames, fittings
and fixtures for buildings, stair-
cases, balusters and hand rails,
window sashes and frames and
shutters.
Juniper berries.
Kips, e.o.h.p.
Kitchen fireplace stands.
Knitting pins.
Knives or blades for cutting
machines.
Knobs, range, iron or steel.
Knobs, door.
Knockers, door.
Laces, boot or stay, cotton or
leather.
Ladles (not puddlers'), iron.
Lamp black.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
393
CLASS 3 continued.
Lamp burners.
Lamp chimneys (glass).
Lamp frames (street).
Lamp reflectors, enamelled iron.
Lamp wick.
Lamps, paraffin, in parts (except
china or earthenware) packed in
casks and cases.
Lanterns, tin or iron.
Lard, in bladders, in crocks, in
wood or in tubs, or tins without
lids.
Latches, door.
Lavatory stands and basins, earthen-
ware, complete, enamelled.
Lawn mowers, packed.
Lead pencils.
Leather, e.o.h.p.
Lemon and lime juice, e.o.h.p.
Life buoys.
Limestone, polished or dressed.
Lime water, e.o.h.p.
Lincrusta and anaglypta (decora-
tive wall papers).
Linen cloth, packed.
Linen yarn or grey linen, e.o.h.p.
Liquorice.
Locks and keys.
Looking glass frames (common),
wood (not gilded or Dutch
metalled) .*
Maccaroni.
Machines, fitted up, packed, e.o.h.p.
Magnesia.
Magnets.
Marble, packed, and in slabs
cemented together.
Margarine, in crocks in wood, or in
crocks when packed with straw in
baskets.
Marquees or tents.
Mastic.
Match boxes, japanned or enamelled
tin, new, empty packed.
Matchetts.
Medals, brass or copper.
Mats and matting, e.o.h.p.
Megass (not hydraulic or steam
press packed, or machine press-
ed), in full truck loads, or in
consignments of 20 cwt.
Merinoes, in bales, packs, or trusses.
Mexican fibre (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or in
consignments of 20 cwt.
Mica.
Military ornaments, except gold,
silver, or plated.
Milk.
Milk cans and pans.
Millboard rollers (for winding paper
in cases).
Mops.
Mortars and pestles, iron or steel.
Mortars and pestles, marble.
Moss, packed.
Muslin, book, if packed in bales,
packs, or trusses.
Mustard, e.o.h.p.
Nails and rivets, brass or copper.
Needles (in tin-lined cases).
Netting, cotton and twine.
Nickel.
Nitrate "of baryta.
Nut crackers, except gold, silver,
or plated.
Oars.
Oils, not dangerous, e.o.h.p.
Oleic acid, in casks.
* In the schedules of G. E. R., G. N. R. , G. "W. R. , L. &N. W. R., L. & S. W. R. , L. B. &
S. C.R.,L. C. &D. R., Mid.R., andS.E. R. the words " not gilded" only are in brackets.
394
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 3 continued.
Ornaments for saddlery, brass, iron,
or steel.
Ornaments for uniform, except gold,
silver, or plated.
Osiers, twigs, and willows, white or
stained.
Osnaburgs.
Oxalic acid.
Paints, in cans, hampers, boxes, or
iron bottles.
Palliasses, straw.
Palmetto leaf (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or in
consignments of 20 cwt.
Pans, ash.
Pans, chemical and dye, iron or steel.
Pans, copper, for closets.
Pans, dust.
Pans, earthenware or iron, for sani-
tary purposes.
Pans, warming.
Paper, e.o.h.p.
Paper collars, cuffs, and shirt fronts.
Paper, gummed for labels.
Paper hangings, e.o.h.p.
Paper tubes, for cops.
Parian, in hampers.
Patten rings.
Pattens, in casks, cases, or boxes.
Patterns, travellers' hardware.
Pearl shells.
Penholders, wood or metal (except
gold, silver, or plated).
Pepper.
Percussion cap shells.
Percussion caps, uncharged.
Petroleum grease or petroleum jelly.
Piassava, e.o.h.p.
Pickles, e.o.h.p.
Picture frames, common, wood (not
gilded) or Dutch metalled.
Pins, metal.
Plants, e.o.h.p.
Plates, door.
Plates, iron, enamelled.
Pliers.
Powder flasks.
Preserves (fish, fruit, meat, and
provisions), e.o.h.p., in crates or
baskets.
Pulley blocks, wood or iron.
Pulleys, iron.
Pumps and pump castings, e.o.h.p.
Pumps, hand, brass.
Quicks, e.o.h.p.
Babbit fur, or hatters' wool.
Eaffia.
Railway cards and tickets.
Railway carriage keys.
Reels, for garden hose.
Refrigerators.
Rennet.
Rick poles and covers.
Riddles.
Road scraping and road sweeping
machines.
Rock, crystal.
Rugs, hearth, except skin.
Saddlery or harness, in tin-lined
cases or casks.
Saddletrees.
Sauces, e.o.h.p.
Saw-bench machines, portable,
packed.
Scale beams and scales.
Scales and weights, letter.
Scoops, wood.
Screw jacks, except iron.
Screws, brass, copper, or zinc.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
395
CLASS 3 continued.
Screws, table expanding.
Scythe blades.
Scythes and sickles.
Scythe sneds or handles.
Sealing wax.
Seaweed, edible.
Sewing machines, in parts, packed.
Sewing machine stands, in parts,
packed in cases or frames.
Shafts, cart.
Shafts, gig, carriage, or dog cart,
not painted nor varnished.
Shavings, wood.
Shears, garden and sheep.
Sheepskins, e.o.h.p.
Sheet steel.
Shellac.
Shells.
Ships' blocks.
Ships' logs, rnetal.
Ships' sails, finished.
Shirts, cotton, woollen, and linen, in
bales, packs, trusses, and hampers.
Shoe horns and pegs.
Shoes and boots, including goloshes
and leather cut into shoe shapes,
in casks, cases, or boxes.
Shot belts.
Show cards (cardboard), unframed.
Show tablets, metal, enamelled.
Shutters, revolving, wooden.
Shuttles, weavers'.
Silver ore.
Sinks, enamelled.
Skates.
Skewers, iron or steel.
Skins, hare and rabbit.
Slate beds of billiard tables, packed
in cases.
Slate slabs, e.o.h.p.
Snuffers, iron or steel.
Spanners.
Spindles, in boxes.
Spirits, in casks or cases.
Spittoons, iron.
Splints, wood for matches.
Spring balances.
Springs, chair, sofa, mattress, door,
or cart.
Spurs, not plated.
Squeegees, for cleaning ships'
decks, &c.
Stable fittings and mangers, iron
enamelled.
Stair rods.
Starch, e.o.h.p.
Stationery, e.o.h.p.
Stays, not silk, for wearing apparel.
Steelyards.
Stills, iron.
Stirrups.
Stone blue, e.o.h.p.
Stoves, gas or oil.
Straw (not hydraulic or steam press
packed, or machine pressed), in
full truck loads, or in consign-
ments of 20 cwt.
Strickles, e.o.h.p.
Stuff goods, in bales, packs, or
trusses.
Sugar, e.o.h.p.
Sugar candy.
Sugar nippers, except gold, silver,
or plated.
Sweat scrapers, packed.
Syringes, garden.
Syrup, in cases, in tins, in baskets,
or in stone bottles packed, in
crates or hampers.
Tables, cast iron or steel, in parts.
396
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 3 continued.
Tacks.
Talc.
Taper holders, metal.
Tapes.
Taps, brass.
Tea.
Terrets.
Thimbles, except gold, silver, or
plated.
Thread, cotton and linen.
Tinware, in casks or cases.
Tips, brassed, for boot heels.
Toasting forks, iron or steel.
Tobacco boxes, metal.
Tobacco juice, e.o.h.p.
Tobacco leaf, e.o.h.p.
Tools, carpenters', coopers', edge,
joiners', masons', and ship-
wrights'.
Tow, e.o.h.p.
Toys, packed.
Traps, sink, brass or copper.
Traps, vermin.
Trays, iron or steel.
Trellis work (wood), in bundles.
Trivets, iron or steel.
Troughs, bakers', wooden.
Troughs, cattle and other, iron or
steel.
Trouser stretchers, iron, portable.
Trowels.
Tubes, brass or copper (except
steam), packed.
Tubs, washing.
Tubs, wood.
Turnery ware.
Type.
Umbrella fittings.
Umbrella stretchers.
Valves, brass.
Varnish, e.o.h.p.
Vaseline.
Vegetable ivory.
Velvet, cotton, in bales, packs, or
trusses.
Ventilators, small, iron or brass,
for buildings, packed.
Vermicelli.
Vinegar, e.o.h.p.
Wadding, cotton.
Washers, brass or copper.
Wash leather.
Wash stand tops, marble, packed.
Washing and wringing machines,
packed.
Water meters.
Weighing machines, small (those
used for weighing packages and
goods).
Weights, brass.
Wheelbarrows.
Wheels, rudder or steering, in cases,
crates, or frames.
Whetstones and honestones.
Whisks, packed.
Winches, steam.
Window frames, iron, e.o.h.p.
Wines, British, e.o.h.p.
Wines, in casks or cases.
Wire, copper or brass, packed in
cases or casks, or in bags.
Wood, bent, e.o.h.p.
Wool, dressed or carded.
Woollen and worsted goods, in
bales, packs, or trusses.
Woollen cloth, in bales, packs, or
trusses.
Xylonite.
Yarns, twist and weft (except silk).
Yellow or Persian berries.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
397
CLASS 4.
Agricultural machines and imple-
ments, e.o.h.p.
Alabaster.
Albumen.
Algerian fibre, e.o.h.p.
Alizarine, e.o.h.p.
Ammonia, liquid, in bottles (other
than carboys) in hampers.
Anchovies.
Annotto, e.o.h.p.
Anthracene, e.o.h.p.
Asparagus.
Bacon and hams, fresh or green.
Bags, leather.
Beef wine, in boxes.
Beehives, straw.
Beer engines.
Bellows, e.o.h.p.
Bells, e.o.h.p.
Billiard cues, in bundles.
Blinds, Venetian and chain, e.o.h.p.
Boilers, copper.
Books, bound or half bound in calf,
morocco, roan, russia, or law calf.
Boots and shoes, including goloshes
and leather cut into boot shapes,
in hampers (white rod).
Braces, for wearing apparel, not
silk, e.o.h.p.
Bristles, e.o.h.p.
Britannia metal goods.
Bronze powder.
Brooms and brushes, e.o.h.p.
Bungs and corks.
Butter, in flats or hampers, or in
tubs or cools without lids.
Candles, wax.
Canes and rattans.
Caps, men's or boys' (except silk),
in boxes or cases.
Caravans (showmen's or hawkers')
and vans containing steam round-
abouts.
Carbolic acid, solid.
Carboys, gutta percha.
Cardamoms.
Cats' and dogs' meat.
Cattle cribs.
Chaff, e.o.h.p.
Chairs and seats, garden, e.o.h.p.
Chairs, common, folding, in boxes,
cases, crates and parcels.
Chemicals, not dangerous, corrosive,
or explosive, in boxes or hampers.
Chimney pieces, metal, unpacked.
Chimney tops, iron or zinc.
China grass, e.o.h.p.
China, in boxes or cases.
Churns and churning machines.
Cisterns.
Citric acid.
Clocks, turret and church.
Clogs, e.o.h.p.
Cloth, linen, bleached, tied in bun-
dles, but not protected by wrap-
pers, or not packed.
Clothing (exclusive of silk goods),
e.o.h.p.
Coach and upholsterers' trimmings,
e.o.h.p.
Coal scuttles, e.o.h.p.
Cobalt.
Coffee carts or stalls on wheels.
Confectionery, e.o.h.p.
Corn crushers.
Cricket implements.
398
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 4 continued.
Croquet implements.
Crystallised fruit, e.o.h.p.
Curtains, cotton, lace.
Dandy rollers, in cases for paper
mills.
Drapery, light Packages contain-
ing any drapery articles set out
in classes hereinbefore men-
tioned, and in this class, and
any of the following articles :
Bags (leather, ladies' hand,
courier, and travelling).
Braces, not silk, for wearing
apparel.
Carpeting exceeding fifteen feet
in length, packed in cases.
Cloth, woollen.
Clothing (exclusive of silk
goods), e.o.h.p.
Coach and upholsterers' trim-
mings.
Gloves, cotton, woollen, and
worsted.
Haberdashery.
Hosiery.
Muslins (book).
Needles.
Stuff goods.
Umbrellas.
Woollen and worsted goods.
Dripping, in bladders.
Druggists' sundries, in mixed pack-
a<^
Drugs, in boxes or hampers.
Drysalteries, o.o.h.p.
Dye extracts.
Dyes, e.o.h.p.
Earthenware, in boxes or cases.
Eggs, e.o.h.p.
Esparto grass, o.o.h.p.
Extract of malt.
Felt hat bodies.
Fire engines, e.o.h.p.
Fish, fresh
Brill, grayling, lobsters, oysters,
prawns, red mullet, salmon,
smelt, soles, trout, turbot,
whitebait.
Flax in the straw.
Flax straw, e.o.h.p.
Flower roots, e.o.h.p.
Flower stands, wrought-iron.
Fluid, disinfecting, in bottles ,
packed in cases of hampers, or
in basketed jars.
Footballs.
Frilling machines, in parts packed.
Fruit-cleaning machines.
Furniture, in vans, carts, or road
waggons.
Garden arches.
Garden engines.
Glasshouse pots.
Glass, in boxes or cases, e.o.h.p.
Glass, prepared, for photographers.
Globes, moons, or shades, glass,
common.
Gloves, cotton, woollen, and worsted,
e.o.h.p.
Gold size.
Golf clubs.
Grates, ovens, ranges, or stovos,
polished.
Gravestones or tombstones.
Gun barrels, e.o.h.p.
Guns.
Gutta-percha goods.
Guttering or corrugating machines,
not packed.
Haberdashery.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
399
CLASS 4 continued.
Hand carts.
Handmills.
Hares, dead.
Harness, e.o.h.p.
Hat leathers.
Hats, soft felt.
Hawkers' packs and trusses.
Hollow-ware,iron,includingkettles,
pans, maslins (pots for boiling
fruit), and water cans, e.o.h.p.
Honey, e.o.h.p.
Hop bitters.
Hose, leather and canvas.
Hosiery, e.o.h.p.
Household linen and wearing ap-
parel (exclusive of silk goods),
e.o.h.p.
Incubators, complete.
Ink, e.o.h.p.
Japanned ware, e.o.h.p.
Kilting machines, in parts, packed.
Knapsacks, soldiers'.
Knitting machines, in parts, packed.
Lac.
Lace, British, not silk.
Laces, boot or stay, e.o.h.p.
Lamps.
Lawn mowers, not packed.
Lawn tennis implements.
Leather leggings.
Lint.
Lithographic stones.
Looms, not packed.
Luggage or baggage, personal.
Machinery, in parts, not packed,
e.o.h.p.
Machines, fitted up, not packed,
e.o.h.p.
Malt crushers.
Maps, in boxes or cases.
Margarine, in baskets, flats, or ham-
pers, or in tubs without lids.
Mats, skin.
Mattresses.
Meat, fresh.
Meat pies.
Meat safes.
Megass, e.o.h.p.
Mexican fibre, e.o.h.p.
Mincing machines.
Mushrooms.
Muslin, book, e.o.h.p.
Needles, e.o.h.p.
Oleic acid, e.o.h.p.
Palmetto leaf, e.o.h.p.
Panoramas and theatrical scenery.
Pans, copper.
Parian, in boxes or cases.
Pattens, e.o.h.p.
Patterns, wood, for castings.
Pens, steel.
Perforating and paper-cutting ma-
chines.
Pine apples, not hothouse, packed.
Pipes, brass and copper.
Pipes, smoking.
Pistols.
Plaiting machines, in parts, packed.
Plated goods.
Plums (dried), in fancy boxes.
Porcelain.
Poultry, dead.
Preserved ginger.
Preserves (fish, fruit, meat, and
provisions), e.o.h.p.
Eabbits, dead.
Razor strops.
Reeds and rushes.
Reflectors, glass, with metal backs.
Rifles.
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
400
CLASS 4 continued.
Boilers, type printers'.
Saddlery, e.o.h.p.
Sausages and saveloys.
Saw-bench machines, portable, not
packed.
Seal skins, e.o.h.p.
Seeds, e.o.h.p.
Sewing machine stands, e.o.h.p.
Shafts, gig, carriage, or dog cart,
e.o.h.p.
Sheep racks.
Shirts, e.o.h.p.
Shoes and boots, including goloshes
and leather cut into shoe shapes,
in hampers (white rod).
Show cards, e.o.h.p.
Shrubs and trees, e.o.h.p.
Skins, fine, including deer, fox, kid,
musquash, and nutria.
Snuff.
Spades and shovels, wooden.
Spermaceti.
Spindles, e.o.h.p..
Spirits, in hampers.
Spirits of tar, e.o.h.p.
Stag horns.
Steam gauges.
Stereotype casts.
Stills, copper.
Stone, decorative, carved for deco-
rating the interior of buildings.
Stoves, fire-clay tile.
Straw, e.o.h.p.
Stuff goods, e.o.h.p.
Swing boats and hobby horses.
Tables, cast iron or cast steel.
Tanks.
Tartaric acid.
Telegraph instruments, packed.
Telephone apparatus, packed.
:cept
Textile fabrics, made of mixed
cotton, linen, wool, or similar
materials.
Theatrical luggage.
Tiles, art.
Tin crystals.
Tin ware, e.o.h.p.
Tobacco, manufactured, ex
cigars and cigarettes.
Tomatoes.
Toys, e.o.h.p.
Tubes, tin and zinc.
Tubing, brass or copper, e.o.h.p
Ultramarine.
Umbrellas.
Umbrella sticks, e.o.h.p.
Vans, commercial travellers'.
Yats.
Vegetable washing machines.
Vegetables, hothouse, packed.
Veneers.
Venison.
Verdigris.
Walking sticks, e.o.h.p.
Warps, except silk.
Washing and wringing machines,
not packed.
Whalebone.
Wheels, cart, coach, and carriage.
Wheels, rudder or steering, e.o.h.p.
Wines, in hampers.
Wire, insulated.
AVire, polished or needle.
Wire gauze.
Woodwork for the manufacture of
organs.
Woodwork for the manufacture of
pianos.
Woollen and worsted goods, e.o.h.p.
Woollen cloth, e.o.h.p.
Yeast, e.o.h.p.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
401
CLASS 5.
Acetic or wood acid, e.o.h.p.
Aluminium.
Amber.
Ammonia, liquid, e.o.h.p.
Animals and birds, stuffed, in cases.
Aquaria, glass.
Artificial flowers.
Bagatelle tables.
Balloons.
Bark, not for tanning, e.o.h.p.
Barometers.
Baskets, e.o.h.p.
Bath chairs.
Beadings and mouldings, gilt, lac-
quered, or varnished, e.o.h.p.
Beds and bedding.
Bicycles.
Billiard tables.
Bird cages.
Bismuth.
Blue, laundry, liquid, e.o.h.p.
Boats and canoes.
Boots and shoes, including goloshes
and leather cut into boot shapes,
e.o.h.p.
Boxes, e.o.h.p.
Butter, in crocks, e.o.h.p.
Caps, e.o.h.p.
Carbolic acid, liquid, e.o.h.p.
Carboys, glass.
Cards, for carding machines, e.o.h.p.
Carriage bodies, e.o.h.p.
Chairs and seats, e.o.h.p.
Chandeliers and gasaliers.
Chemicals, not dangerous, corrosive,
or explosive, e.o.h.p.
Chloride of gold, in boxes, for
photographers.
D.
Cigars and cigarettes.
Cinnamon.
Clock cases.
Clocks, e.o.h.p.
Cloves.
Cochineal.
Coffins.
Collodion cotton, in bottles packed
in cases.
Colours, in jars.
Conservatories and hothouses, in
parts.
Cordials, e.o.h.p.
Cork socks, e.o.h.p.
Crape.
Cyanite, in jars.
Dripping, in crocks, e.o.h.p.
Drugs, e.o.h.p.
Dyes, in glass carboys.
Empty cases, casks, crates, hampers,
and other empties, e.o.h.p.
Engravings.
Evergreens.
Extract of meat.
Feathers.
Fenders, e.o.h.p.
Figures, casts, or ornaments, ala-
baster, bronze, gypsum, plaster,
stucco, or terra cotta.
Figures, flowers, and heads, wax.
Flowers, cut.
Flower stands, e.o.h.p.
Frilling machines, fitted up, packed.
Fruit, hothouse.
Furniture, e.o.h.p.
Furs.
Game.
Glass, cut, ornamental, for doors.
D D
402
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
CLASS 5 continued.
Glass, plate, silvered.
Glass, stained.
Globes, for educational purposes.
Globes, moons, or shades, glass,
e.o.h.p.
Gloves, e.o.h.p.
Glycerine, e.o.h.p.
Hair, for head dressing.
Hat and umbrella stands, wood.
Hats, except soft felt and rush.
Helmets, felt, in cases or boxes.
Horses, dead.
Indigo.
Isinglass.
Ivory, e.o.h.p.
Jet.
Kilting machines, fitted up, packed.
Knitting machines, fitted up, packed.
Lace.
Lard, e.o.h.p.
Looking glass frames, e.o.h.p.
Looking glasses and mirrors, glass.
Lustres and vases, glass.
Magnesium metal.
Maps, e.o.h.p.
Margarine, in crocks, e.o.h.p.
Match boxes, empty, e.o.h.p.
Military ornaments, e.o.h.p.
Millinery.
Models, clay.
Morphia, in bottles in hampers.
Moss, e.o.h.p.
Musical instruments.
Muslins.
Nitrate of copper, in jars or stone
bottles, covered with wicker
basket work.
Nitrate of silver, in boxes, for
photographers.
Nut crackers, e.o.h.p.
Nutmegs.
Optical instruments.
Organs and organ work.
Ornaments for uniform, e.o.h.p.
Overmantels, cast iron, with mirrors.
Paints, in jars.
Papier mache goods.
Parchment.
Penholders, e.o.h.p.
Perambulators, complete or in parts.
Perfumery.
Phosphorus paste (vermin killer),
packed.
Photographic apparatus.
Picture frames, e.o.h.p.
Pictures.
Pine apples, e.o.h.p.
Plaiting machines, fitted up, packed.
Plants and shrubs (garden) in
baskets, mats, pots, or tubs.
Platinum.
Plush, silk.
Portmanteaus.
Poultry, alive.
Quicksilver.
Quills.
Eetorts, glass.
Ribbons.
Rocking horses.
Rollers, brass or copper.
Seal skins, made into articles of
wearing apparel.
Serpentine, manufactured, packed.
Sewing machines, fitted up, packed.
Shoes and boots, including goloshes
and leather cut into shoo shapes,
e.o.h.p.
Show cases for shops, glass and
woodwork.
Silk.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
403
CLASS 6 continued.
Silver precipitate.
Spirits, e.o.li.p.
Sponges.
Straw goods, including straw hats
and straw bonnets.
Straw plait.
Sugar nippers, e.o.h.p.
Summer houses.
Surgical instruments.
Teazles.
Telescopes.
Thermometers.
Thimbles, e.o.h.p.
Tonquin beans.
Tortoiseshell.
Tricycles and velocipedes.
Trunks.
Turpentine, spirits of, e.o.h.p.
Turtle.
Velvet, e.o.h.p.
Ventilators, e.o.h.p.
Watch glasses.
Wines, e.o.h.p.
Woodwork, carved, for decorating
the interior of buildings.
Yolk of eggs.
1)1)2
404 ALPHABETICAL CLASSIFICATION.
OF
MERCHANDISE TRAFFIC
AEEANGED ALPHABETICALLY.
Whore in this list the letters e.o.h.p. are placed after the designation of any
article, they mean " except otherwise herein provided."
Note. The following alphabetical classification has been arranged for convenient
reference, and has several cross-references which do not occur in the classi-
fication which appears in the Acts. The wording of the classification in the
Acts has been followed as far as possible, but in considering any doubtful
or difficult question arising on the classification it will be well to refer to
the classification as it appears therein, which will be found pages 365 403.
CLASS A.
Trucks. The provision of trucks is not included in the
maximum rates applicable to merchandise specified in
Class A. [Provisional Order, clause 2, sub-sect, a].
Class A. is applicable to consignments of four tons and
upwards.
Less than When merchandise specified in Class A. is con-
signed in quantities of less than four tons and not
less than two tons, the company may charge for such con-
signment the conveyance rates applicable to Class B., and
if less than two tons the conveyance rates applicable to
Class C. ; provided that the company shall not charge more
than as for a consignment of four tons or two tons
spectively.
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 405
CLASS B.
Trucks. The maximum rate for articles in Class 13. and
the classes above includes the provision of trucks [Pro-
visional Order, clause 2].
The company is not, however, required to provide trucks
for the conveyance of lime in bulk or salt in bulk, or of
the following articles when carried in such a manner as to
injure the trucks, that is to say :
Ammoniacal liquor.
Creosote.
Coal tar.
Gas tar.
Gas water ; or
Gravel, tarred for paving.
but where for the conveyance of merchandise other than
merchandise in Class A. the company do not provide
trucks, the rate authorised for conveyance must be reduced
[Provisional Order, clause 2, sub-sect. 6].
Class B. is applicable to consignments of four tons and
upwards.
Less than When merchandise specified in Class B. is con-
four tons. . n i i P
signed in quantities of less than tour tons and not
less than two tons, the company may charge for such consign-
ment the conveyance rates applicable to Class C., and if less
than two tons the conveyance rates applicable to Class 1 ;
provided that the company shall not charge more than as
for a consignment of four tons or two tons respectively.
CLASS C.
Class C. is applicable to consignments of two tons and
upwards.
When merchandise specified in Class C. is consigned in
quantities of less than two tons, the company may charge
406
ALPHABETICAL CLASSIFICATION.
for such consignment the conveyance rates applicable to
Class 1 ; provided that the company shall not charge more
than as for a consignment of two tons.
Acetate of alumina, in casks or
iron drums cl. 2
Acetate of lead or sugar of
lead cl. 1
Acetate of lime C
Acetate of soda cl. 1
Acetic or wood acid, in casks . . cl. 2
Acetic or wood acid, e.o.h.p. . .cl. 5
Acid, tartaric cl. 4
Acid, cresylic, in casks, or iron
drums cl. 2
Acorns cl. 1
Agricultural and portable steam
and traction engines, vertical
steam engines, horizontal steam
engines, steam ploughs, steam
plough vans, steam tram en-
gines, threshing machines, road
rollers, and harrows cl. 2
Agricultural machines and imple-
ments, in cases cl. 2
Agricultural machines and imple-
ments, e.o.h.p cl. 4
Agricultural seeds cl. 2
Alabaster cl. 4
Alabaster stone, in lumps, un-
ground B
Albumen el. 4
Ale and porter, in casks cl. 1
Ale and porter, bottled, in cases
or casks cl. 1
Ale and porter, bottled, in ham-
pers cl. 2
Ale coolers cl. 3
Algarovilla C
Algerian fibre (not hydraulic or
steam press - packed), in full
truck loads or in consignments
of 20cwt cl. 3
Algerian fibre, hydraulic or steam
press packed C
Algerian fibre, machine pressed cl. 1
Algerian fibre, e.o.h.p cl. 4
Alizarine, in casks or iron
drums cl. 3
Alizarine, e.o.h.p cl. 4
Alkanet root cl. 2
Almonds cl. 3
Alum C
Alum cake C
Alum waste C
Alumina, hydrate of, or bauxite. . C
Alumina water C
Aluminium cl. 5
Aluminof erric C
Aluminosilic C
Amber cl. 5
American or leather cloth . . . . cl. 3
Ammonia, liquid, in casks or iron
drums cl. 2
Ammonia, in bottles other than
carboys, in cases cl. 3
Ammonia, in bottles other than
carboys, in hampers cl. 4
Ammonia, e.o.h.p cl. 5
Ammonia, muriate of ....".. cl. 1
Ammoniacal liquor B
Anchors cl. 3
Anchovies . . . . cl. 4
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
407
Angelica root cl. 3
Angle bars cl. 3
Aniseed cl. 3
Animal guts, in casks cl. 2
Animals and birds, stuffed, in
cases cl. 5
Animals, live. See Animal Class,
pp. 208, 333 & 344.
Annealing plates C
Annotto, in casks cl. 2
Annotto, e.o.h.p cl. 4
Anthracene, crude, in casks . . cl. 1
Anthracene, e.o.h.p cl. 4
Antichlorine C
Antimony, ore C
Antimony, ore, waste B
Antimony, regulus cl. 2
Anvils B
Anvil blocks and caps C
Anvils, hammers, and standards
for steam-hammers C
Apples, minimum 20 cwt. per
waggon cl. 1
Apples, dry, or pippins cl. 3
Apples, e.o.h.p cl. 2
Apples, rings, in slices, dried, .cl. 3
Apricots (not hothouse) cl. 3
Aquaria, glass cl. 5
Argols or tartars cl. 2
Arrowroot cl. 2
Arseniate of soda C
Arsenic C
Arsenic acid, in casks cl. 2
Arsenic acid, e.o.h.p cl. 3
Artificial flowers cl. 5
Asbestos cl. 2
Ashes, pot and pearl cl. 1
Asparagus cl. 4
Asphalte paving, in blocks . . . . B
Asphaltum C
Axle-box guides, in the rough,
for locomotives C
Axle forgings C
Axles, in the rough C
Axles and wheels (railway car-
riage, railway waggon, train,
or corve) C
Axles and wheels (locomotive
engine and tender) cl. 1
Axle boxes, brass cl. 2
Axles, not in the rough, e.o.h.p. cl. 2
Awl blades cl. 3
Bacon and hams, cured, packed cl. 2
Bacon and hams, cured, e.o.h.p. cl. 3
Bacon and hams, fresh or green cl. 4
Bagatelle tables cl. 5
Bagging, old, in bundles, for
paper making cl. 1
Bagging, e.o.h.p cl. 2
Bags, paper, in bags or bundles cl. 1
Bags, hand, common (hemp) . . cl. 2
Bags, paper cl. 2
Bags, carpet cl. 3
Bags, leather cl. 4
Bags(leather, ladies'hand, courier,
and travelling) cl. 4
Baking powder cl. 3
Balloons cl. 5
Balusters, iron cl. 2
Bar iron or steel, exceeding 1 cwt.
per bar, in open trucks at re-
quest of trader B
Bar, puddled, iron B
Bar iron, e.o.h.p C
Barilla c l. 1
Barium, chloride of, in casks . . . . C
Bark, for tanning, chopped,
packed in bags, or hydraulic
pressed C
Bark, loose, for tanning cl. 1
Bark, for tanning, e.o.h.p cl. 2
408
ALPHABETICAL CLASSIFICATION.
Bark, ground, packed in bags cl. 2
Bark, not for tanning, e.o.h.p. cl. 5
Barley, pot and pearl cl. 3
Barley, grain cl. 3
Barometers cl. 5
Bars, for tin plate making B
Bars, roller, and bed plates for
pulling rags cl. 1
Barwood C
Barytes, raw, in bulk B
Barytes, ground, in casks or
bags C
Barytes, nitrate of cl. 3
Basic slag, unground A
Basic slag, ground and packed . . B
Basic material, burnt limestone
in bulk, to steel converters . . B
Baskets, iron cl. 2
Baskets, bass cl. 2
Baskets, e.o.h.p .cl. 5
Bass and whisk for making
brooms cl. 2
Bass baskets cl. 2
Bass mats and bass matting . . cl. 2
Baths cl. 3
Bath chairs cl. 5
Bayonets cl. 3
Beadings and mouldings, gilt,
lacquered, or varnished, packed
in boxes cl. 3
Beadings and mouldings, gilt, lac-
quered, or varnished, e.o.h.p. cl. 5
Beams (iron and steel) C
Beans, e.o.h.p C
Bearers (iron and steel) C
Beds and bedding cl. 5
Bed keys cl. 3
Beds and cylinders of steam
engines cl. 1
Bed plates (iron and steel, roof-
work) C
Bedsteads, metallic cl. 2
Bedsteads, metallic, in strawed
bundles cl. 3
Bedsteads, e.o.h.p cl. 3
Beef in brine cl. 2
Beef wine, in boxes cl. 4
Bee hives, made of wood . . . . cl. 3
Bee hives, straw cl. 4
Beer. See Ale.
Beer engines cl. 4
Beeswax cl. 2
Bellows, packed cl. 3
Bellows pipes cl. 3
Bellows, e.o.h.p cl. 4
Bell ringing (carillon) ma-
chinery cl. 3
Bells, small cl. 3
Bells, e.o.h.p cl. 4
Belting for machinery cl. 3
Benders for rails, or jim crows .cl. 1
Besoms cl. 2
Bicarbonate of soda, in casks . . . . C
Bicarbonate of soda, in boxes,
crates, or hampers cl. 2
Bichrome and bichromate of
potash, in casks cl. 1
Bichrome and bichromate of
potash, e.o.h.p cl. 3
Bichromate of soda, in casks . . cl. 1
Bichromate of soda, e.o.h.p. . . cl. 3
Bicycles cl. 5
Bicycle stands, wrought iron . . cl. 3
Billets, blooms, or ingots, iron or
steel B
Billiard cues, in bundles . . . . cl. 4
Billiard tables cl. 5
Binders (iron and steel) C
Bins, corn or wine cl. 3
Birch or ling, for besoms . . . .cl. 1
Bird cages cl. 5
Biscuits, dog, in bags or casks . . cl . 1
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 409
Biscuits cl. 2
Bismuth cl. 5
Bisulphite of lime cl. 1
Bisulphite of soda C
Bit burnishers, packed cl. 3
Bits, iroii or steel cl. 3
Bitters, in casks or cases . . . . cl. 3
Black beer cl. 3
Black lead cl. 2
Black oil or black varnish, com-
mon, in casks cl. 1
Blackberries or bramble berries cl. 2
Blacking cl. 2
Bladders, in casks cl. 3
Blanc, fire (ground barytes with
water added for glazing
paper) C
Blankets cl. 3
Blanks, bronze and copper, for
stamping coins cl. 3
Bleaching liquids, in casks . . cl. 2
Bleaching powder C
Blinds, paper cl. 3
Blinds, Venetian and chain, in
cases, crates, or frames cl. 3
Blinds, Venetian and chain,
e.o.h.p cl. 4
Blistered steel cl. 1
Blood for manure, in casks . . . . C
Blood, in casks or iron drums . . cl. 2
Blooms, billets, or ingots, iron or
steel B
Bloom trucks cl. 1
Blowing engines cl. 3
Blow pipes cl. 3
Blue powder and stone, and
smalts, in casks, cases, boxes,
or bags cl. 2
Blue powder and stone, and
smalts, e.o.h.p cl. 3
Blue, laundry, liquid, in boxes,
cases, casks, or iron drums . . cl. 3
Blue, laundry, liquid, e.o.h.p. . . cl. 5
Blue paste cl. 3
Boards and rollers, wooden, for
drapers' cloth, and for folding
paper cl. 1
Boards, made of compressed
leather cl. 2
Boards, parquet flooring . . . . cl. 3
Boards, washing cl. 3
Boats and canoes cl. 5
Bobbin blocks C
Bobbins, in bags cl. 2
Bobbins, e.o.h.p cl. 3
Bogies, puddlers' tap cl. 1
Bog ore, for gas purifying . . . . B
Boilers and boiler fittings, iron
or steel cl. 2
Boilers, copper cl. 4
Boilers, plates C
Bolt and nut machines cl. 1
Bolts, door cl. 3
Bolts and nuts (iron and steel) . . C
Bone ash C
Bone waste C
Bone crushing mills cl. 2
Bones, calcined C
Bones, for size or manure C
Bones, packed cl. 1
Bones, e.o.h.p cl. 2
Books, e.o.h.p cl. 3
Books, bound or half bound, in
calf, morocco, roan, russia, or
law calf cl. 4
Boot and shoe linings, cotton or
linen cl. 2
Boot protectors C
Boothing or stalling cl. 3
Boots and shoes, including
goloshes and leather cut into
boot shapes, in casks, cases, or
boxes cl. 3
410
ALPHABETICAL CLASSIFICATION.
Boots and shoes, including
goloshes and leather cut into
boot shapes, in hampers (white
rod) cl. 4
Boots and shoes, including
goloshes and leather cut into
boot shapes, e.o.h.p cl. 5
Boracic acid cl. 3
Borax cl. 2
Boring, drilling, planing, punch-
ing, shearing, and slotting
machines, for metal work, in-
cluding beds and tables . . . . cl. 1
Bottle jacks cl. 3
Bottle stoppers, wood, packed . . cl. 2
Bottles and bottle stoppers, glass,
black, green, or pale, common,
packed cl. 1
Bottles and bottle stoppers, glass,
e.o.h.p cl. 3
Bottles, earthenware or stone-
ware cl. 2
Boundary posts (street), iron . .cl. 1
Bowls, iron, nested or packed, .cl. 2
Bowls, wood or iron, e.o.h.p.. .cl. 3
Boxes or trunks, tin or sheet iron,
packed in crates or cases . . . . cl. 3
Boxes, safety cl. 3
Boxes, e.o.h.p cl. 5
Box iron heaters cl. 1
Box or Italian irons cl. 3
Braces, except silk for wearing
apparel, in bales, packs, or
trusses cl. 3
Braces, not silk, for wearing
apparel cl. 4
Braces, for wearing apparel, not
silk, e.o.h.p cl. 4
Brands, iron or steel el. 3
Bran C
Brank or buckwheat C
Brass.. . .cl. 2
Brass work, spun or stamped,
packed cl. 3
Brattice cloth cl. 1
Bread cl. 2
Break blocks C
Brick making machinery . . . . cl. 1
Bricks, clay, common and fine B
Bricks, crushed B
Bricks, clay, glazed or ena-
melled C
Bricks, fianders or scouring . . . . C
Bricks, air, cast iron cl. 1
Bridgework
Cantilevers C
Cross and longitudinal gird-
ers C
Floor plates C
Girders, whole or in part C
Joists C
Lattice bars C
Screw and other piles, both
hollow and solid C
Struts and ties C
Brill, fish, fresh cl. 4
Brimstone, crude or unmanufac-
tured C
Bristles, in boxes, cases, or
casks cl. 2
Bristles, e.o.h.p cl. 4
Britannia metal goods cl. 4
Bronze, phosphor or manganese
castings and ingots, rough . . cl. 2
Bronze powder cl. 4
Broom and brush heads and
blocks, wooden, without hair cl. 1
Broom and brush heads,
e.o.h.p cl. 3
Brooms and brushes, packed . . cl. 3
Brooms and brushes, e.o.h.p.. .cl. 4
Brush backs, xylonite cl. 3
Buckets and pails, iron, nested or
packed cl. 2
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 411
Cl. 1
Buckets and pails, c.o.li.p cl. 3
Buckles, brass, iron, or steel . . cl. 3
Buckram cl. 3
Builders' implements, not new,
and consisting of mixed con-
signments of the following
Barrows
Centerings
Crab winches
Hoists
Mortar boards
Mortar mills
Poling boards
Pulleys
Eopes
Scaffold boards
Steps
Struts
Trestles
Wheeling pieces
Wheeling planks
Windlasses
Bullet moulds cl. 3
Bullets, small arm cl. 1
Bungs, wood, or shives cl. 2
Bungs and corks cl. 4
Buoy sinkers B
Buoys cl. 2
Burr stones C
Busks, wooden, horn, or steel, .cl. 3
Butter, in casks, firkins, baskets,
or boxes, or in tubs or cools
with wooden lids cl. 2
Butter, in crocks in wood, or in
crocks when packed straw
in baskets cl. 3
Butter, in flats or hampers, or in
tubs or cools, without lids . . cl. 4
Butter, in crocks, e.o.h.p cl. 5
Butter milk . . . cl. 1
Buttons, except gold, silver, or
plated cl. 3
Cabbages, loose in bulk C
Cabbages, e.o.h.p., minimum 20
cwt. per waggon .cl. 1
Cabbages, packed, e.o.h.p cl. 2
Cake, for cattle feeding C
Caissons (iron and steel) C
Calicoes cl. 3
Calipers cl. 3
Caloric engines cl. 2
Canada plates cl. 1
Canary seed cl. 2
Candles, paraffin, tallow, and
stearine cl. 1
Candles, e.o.h.p cl. 2
Candles, wax cl. 4
Candlesticks, brass or iron . . . . cl. 3
Candle-wick cl. 3
Canes and rattans cl. 4
Cannel A
Cannon cl. 1
Cannon balls and shot, and shells
not charged B
Canvas cl. 3
Cap-peaks, not oily cl. 3
Caps, men's or boys', except silk,
in bales, packs, or trusses . . cl. 3
Caps, men's or boys', except silk,
in boxes or cases cl. 4
Caps, e.o.h.p cl. 5
Capstan bars cl. 1
Capstans and windlasses cl. 1
Capsules, metal, in cases cl. 3
Caravans(showmen's or hawkers' )
and vans containing steam
roundabouts cl. 4
Carbolic acid, liquid, in casks or
iron drums cl. 2
Carbolic acid, solid cl. 4
Carbolic acid, liquid, e.o.h.p.. .cl. 5
412
ALPHABETICAL CLASSIFICATION.
Carbolic seed-dressing cl. 2
Carbolineum avenarius oil .... cl. 1
Carbon candles, for electric light-
ing cl. 3
Carbonate of ammonia, in casks
or iron drums cl. 1
Carbonate of ammonia, in cases, cl. 3
Carbonate of lime C
Carbonate of magnesia cl. 2
Carbonate of potash, in casks . . cl. 1
Carbonate of potash, e.o.h.p. . . cl. 2
Carbonate of soda, or soda
crystals . C
Carboys, gutta percha cl. 4
Carboys, glass cl. 5
Cardamoms cl. 4
Cardboard cl. 1
Cardcloth cl. 3
Cards for weaving, packed in
cases cl. 3
Cards for carding machines,
e.o.h.p cl. 5
Carpet-bag frames cl. 3
Carpet-bags cl. 3
Carpet-beating machines . . . . cl. 3
Carpet-lining, cork cl. 3
Carpeting cl. 3
Carpeting, exceeding 15 feet in
length, packed in cases cl. 4
Carpeting, cork cl. 3
Carraway seeds cl. 3
Carriage and cart steps cl. 3
Carriage and foot warmers . . cl. 3
Carriage bodies, e.o.h.p cl. 5
Carriages. See Part III.
Carrots C
Cart bushes, iron and steel . . . . C
Cart steps cl. 3
Cartridge cases, exploded . . . .cl. 2
Cartridge cases, brass cl. 3
Castings, iron or steel, light, in
boxes, crates, cases, casks, or
hampers cl. 1
Castings, mill, forge, and other
rough and heavy unfinished
castings, iron and steel . . . . cl. 1
Castings, brass, German silver,
or nickel cl. 3
Castings, iron, light, e.o.h.p.. .cl. 3
Castings, sanitary, iron and steel,
for public urinals and water-
closets cl. 3
Castings, steel, e.o.h.p cl. 3
Castor oil, for lubricating machi-
nery, in tins, packed in wooden
cases cl. 1
Castor oil, in casks or iron drums,
round, or tapered at one end. .cl. 1
Castor oil, in boxes cl. 3
Castors of all kinds cl. 3
Cats' and dogs' meat cl. 4
Cattle, live. See Animal Class,
Part II.
Cattle food, prepared cl. 2
Cattle cribs cl. 4
Caustic soda C
Caustic potash cl. 1
Celery cl. 2
Cellarets, wrought iron cl. 3
Cement, in blocks or slabs B
Cement, e.o.h.p C
Cement stone B
Chaff, hydraulic or steam press
packed cl. 1
Chaff, in bags, not for cattle
feeding cl. 3
Chaff, e.o.h.p cl. 4
Chains and traces, packed . . . .cl. 2
Chains and traces, not packed . . C
Chains, curb or door cl. 3
Chain cables . C
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 413
Chair bottoms, wooden, in the
rough C
Chairs and seats, garden, in parts,
packed in cases cl. 1
Chairs and seats, garden, e.o.h.p.cl. 4
Chairs and seats, e.o.h.p cl. 5
Chairs, common folding, in boxes,
cases, crates, and parcels . . cl. 4
Chairwood, rough, undamage-
able cl. 2
Chalk, in the rough, for agri-
cultural purposes A
Chalk, ground C
Chalk, French cl. 3
Chalk, prepared cl. 3
Chandeliers and gasaliers . . . . cl. 5
Charcoal, packed C
Charcoal, e.o.h.p cl. 1
Cheesepresses cl. 3
Cheese, in boxes, casks, and
cases cl. 2
Cheese, e.o.h.p cl. 3
Chemicals, not dangerous, corro-
sive, or explosive, in casks, iron
drums, bales, or bags cl. 3
Chemicals, not dangerous, corro-
sive, or explosive, in boxes or
hampers cl. 4
Chemicals, not dangerous, corro-
sive, or explosive, e.o.h.p. . .cl. 5
Cherries, in tubs, for jam . . . .cl. 2
Cherries, ripe, not hothouse . .cl. 3
Chertstone C
Chestnuts cl. 1
Chestnuts, extract of, for tanning
purposes cl. 1
Chestnuts, extracts of, e.o.h.p. .cl. 2
Chicory : cl. 2
Chimney pieces, slate, not ena-
melled or polished cl. 1
Chimney pieces, cement or con-
crete . , .cl. 2
Chimney pieces, marble or slate,
e.o.h.p cl. 3
Chimney pieces, metal, un-
packed cl. 4
Chimney pots, earthenware or
fire-clay cl. 1
Chimney tops, iron or zinc. . . .cl. 4
China, in casks or crates . . . . cl. 2
China, in hampers cl. 3
China, in boxes or cases cl. 4
China clay B
China grass, hydraulic or steam
press packed C
China grass, machine pressed . . cl. 1
China grass (not hydraulic or
steam press packed, or machine
pressed) in full truckloads or
in consignments of 20 cwt. . .cl. 3
China grass, e.o.h.p cl. 4
China stone C
Chlorate of potash cl. 2
Chlorate of soda, packed in ham-
pers or casks cl. 2
Chloride of calcium C
Chloride of gold cl. 5
Chloride of potash, packed in
hampers or casks cl. 2
Chloride or muriate of zinc . . cl. 1
Chocolate cl. 2
Chromate ore C
Churns and churning machines .cl. 4
Cider and perry, not bottled in
casks cl. 1
Cider and perry, bottled in cases
or casks cl. 1
Cider and perry, bottled in ham-
pers cl. 2
Cigars cl. 5
Cinders, coal A
Cinder sifters cl. 3
Cinnamon cl. 5
Cinnabar ore cl. 3
414
ALPHABETICAL CLASSIFICATION.
Cisterns cl. 4
Citric acid cl. 4
Clasps, boot, book, or belt, except
gold, silver, or plated cl. 3
Clay, in bulk, e.o.h.p A
Clay, in bags or casks C
Clippings, shearings, and stamp-
ings of sheet iron and tin plates,
in compressed bundles B
Clips, cotton tie, packed C
Clips, iron, for boxes cl. 1
Clock cases cl. 5
Clock dials cl. 3
Clocks, turret and church . . . . cl. 4
Clocks, e.o.h.p cl. 5
Clog blocks, rough C
Clog irons cl. 1
Clog soles cl. 1
Clogs, in casks, cases, or boxes cl. 3
Clogs, e.o.h.p cl. 4
Cloth oil, and wood oil cl. 1
Cloth, linen, packed cl. 3
Cloth, linen, bleached, tied in
bundles, but not protected by
wrappers cl. 4
Clothes pegs, packed cl. 2
Clothing, waterproof, except oily
canvas clothing cl. 3
Clothing, exclusive of silk goods,
if packed in trusses, packs, or
bales cl. 3
Clothing, for soldiers, police, pri-
son warders, railway porters,
postal and telegraph (except
busl.ys or helmets) cl. 3
Clothing (exclusive of silk goods),
e.o.h.p cl. 4
Cloves cl. 5
Coach and upholsterers' trim-
mings, in packs, trusses, or
bales cl. 3
Coach and upholsterers' trim-
mings, e.o.h.p : ... .(1. 4
Coach fittings, metallic, packed cl. 3
Coach wrenches cl. 3
Coal A
Coal, fuel, patent B
Coal scuttles, iron or galvanised,
nested or packed cl. 2
Coal scuttles, metallic, packed in
cases or boxes cl. 3
Coal scuttles, e.o.h.p cl. 4
Cobalt ore cl. 2
Cobalt cl. 4
Cobnuts cl. 3
Cochineal cl. 5
Cockles cl. 1
Cocoa cl. 2
Cocoa nut fibre, husk, shell, or
matting, packed cl. 2
Cocoa nut fibre, e.o.h.p cl. 3
Cocoa nut oil cl. 1
Cocoa nuts cl. 3
Cod and ling, dried cl. 1
Cod and ling, thoroughly cured
in brine cl. 1
Cod oil, in casks or iron drums
tapered at one end cl. 1
Cod liver oil, in casks or iron
drums tapered at one end . .cl. 1
Codilla in bales, hydraulic or
steam press packed cl. 1
Codilla, e.o.h.p cl. 2
Coffee cl. 2
Coffee extract or essence . . . . cl. 3
Coffee mills, small hand cl. 3
Coffee carts, or stalls on wheels.cl. 4
Coffin furniture, metallic . . . .cl. 3
Coffins cl. 5
Coir junk cl. 1
Coir rope cl. 1
Coin, copper or bronze cl. 3
Coke A
Collars, dog cl. 3
Collars, rush, for horses cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 415
Colliery screens or tips cl. 2
Colliery pulleys cl. 3
Colliery tubbing, iron and steel . . C
Collodion cl. 5
Colours, in casks or iron drums
ami in tins packed in cases, .cl. 2
Colours, in cans, hampers, boxes,
or iron bottles cl. 3
Colours, in jars cl. 5
Columns, iron and steel C
Colza oil, in casks or iron drums
round or tapered at one end .cl. 1
Combs cl. 3
Compost, for manure B
Concrete, in blocks or slabs . . . . B
Cones, fir, in sacks or bags . . cl. 1
Confectionery, in cases, casks, or
boxes cl. 2
Confectionery, e.o.h.p cl. 4
Conservatories and hothouses, in
parts cl. 5
Copper cl. 2
Copper ore C
Copper, nitrate of, in casks . .cl. 2
Copper, nitrate of, in jars or
stone bottles covered with
wicker basket work cl. 5
Copper precipitate cl. 1
Copper regulus cl. 1
Copperas, green, in bulk B
Copperas, green, e.o.h p C
Copperas, e.o.h.p cl. 1
Copra (or oil pulp of cocoanut),
dried cl. 1
Coprolites and rock phosphate,
unground A
Coprolites and rock phosphate,
ground B
Copying presses cl. 3
Coquilla nuts cl. 3
Cordials, in casks or cases cl. 3
Cordials, e.o.h.p cl. 5
Coriander seed cl. 3
Corkscrews cl. 3
Cork shavings or cuttings . . . .cl. 3
Cork socks, in boxes, cases, or
casks cl. 3
Cork socks, e.o.h.p cl. 5
Corkwood cl. 3
Corn. See Grain C
Corn crushers cl. 4
Corn flour, patent cl. 2
Cornice poles, wood, in bundles,
without rings or ends, not
gilt cl. 3
Corozzo nuts cl. 3
Corves (small waggons for use in
collieries) cl. 2
Cotton waste, for paper making,
hydraulic or steam press
packed C
Cotton, raw, in press packed
bales cl. 1
Cotton, raw, e.o.h.p cl. 2
Cotton and woollen waste . . . .cl. 2
Cotton and linen goods, in bales,
boxes, packs, or trusses,
e.o.h.p cl. 3
Cotton and linen thread cl. 3
Cotton and woollen slops, in ham-
pers, bales, or boxes cl. 3
Cotton seed oil, in casks or iron
drums round or tapered at one
end cl. 1
Cottonwool, dressed and carded cl. 3
Crabs cl. 2
Crab winches cl. 1
Cranberries cl. 2
Cranes or crane work cl. 2
Crape cl. 5
Creosote, coal tar, gas tar, gas
water, in owner's waggons . . A
Creosote, coal tar, gas tar, gas
water, e.o.h.p B
Cricket implements cl. 4
416
ALPHABETICAL CLASSIFICATION.
Croquet implements cl. 4
Crucibles, plumbago or clay . .cl. 2
Crucibles, e.o.li.p cl. 3
Cryolite cl. 1
Crystallized fruit, e.o.li.p cl. 4
Gullet (or broken glass) B
Culm A
Cummin seed cl. 3
Curling irons cl. 2
Currants cl. 2
Curry combs cl. 3
Curtains, cotton, lace cl. 4
Cyanite, in jars cl. 5
Dandelion roots cl. 2
Dandy rollers, in cases, for paper
mills cl. 4
Dari (grain) C
Dates cl. 2
Delta metal cl. 2
Dextrine cl. 2
Dies and die stocks cl. 3
Dills (grain) C
Dishes, iron cl. 2
Dishes, wood cl. 3
Disinfecting powder cl. 1
Distilled water, in cases or casks cl. 1
Distilled water, e.o.h.p cl. 2
Divi divi C
Dog, hen, and other pures or bates,
in barrels or bags C
Dollies and peggies, wooden, for
laundry purposes cl. 2
Doors and door frames, iron or
steel cl. 1
Draff, or brewers' and distillers'
grains
B
Drain pipes, glazed C
Drapery, heavy packages con-
taining any of the following
articles :
American or leather cloth cl. 3
Drapery, heavy packages contd.
Blankets cl. 3
Boots and shoes, including
goloshes in casks or cases cl. 3
Buckram cl. 3
Buttons, except gold, silver,
or plated cl. 3
Calicoes cl. 3
Carpet bags cl. 3
Carpeting cl. 3
Clothing, waterproof (except
oily or canvas clothing) cl. 3
Cotton and linen goods, in
bales, boxes, cases, packs,
or trusses, e.o.h.p cl. 3
Cotton and linen thread . . cl. 3
Cotton and woollen slops, in
hampers, bales, or boxes cl. 3
Druggeting cl. 3
Elastic webbing cl. 3
Eyelets cl. 3
Flannel cl. 3
Floor cloth, including oil-
cloth, boulinikon, karnptu-
licon, and linoleum . . . . cl. 3
Hearth rugs, except skins cl. 3
Hooks and eyes cl. 3
Huckabacks cl. 3
India rubber goods, except
shoes and galoshes cl. 3
Laces, boot and stay, cotton
or leather cl. 3
Linen cloth, packed cl. 3
Paper collars, cuffs, and shirt
fronts cl. 3
Shirts, cotton, woollen, and
linen, in bales, packs, or
trusses cl. 3
Stays, not silk cl. 3
Tapes (1. 3
Thimbles, not gold, silver, or
plated cl. 3
ALPHABETICAL CLASSIFICATION OP MERCHANDISE TRAFFIC.
417
Drapery, heavy packages contd.
Wadding, cotton cl. 3
AVoollen and worsted yarn cl. 3
Drapery, light packages contain-
ing any drapery articles set
out in classes below el. 4, and
that class and any of the follow-
ing articles :
Bags, leather
Braces, not silk, for weav-
ing apparel
Carpeting, exceeding 15 ft.
in length, packed in cases
Cloth, woollen
Clothing, exclusive of silk
goods, e.o.h.p
Coach and upholsterers'
trimmings
Gloyes, cotton, woollen,
and worsted
Haberdashery
Hosiery
Muslins (book)
Needles, stuff goods ....
Umbrellas
AVoollen and worsted goods
Dredger buckets and bucket backs
(iron and steel) cl. 1
Dripping, in casks, boxes, tins, or
tubs with lids , cl. 2
Dripping, in crocks, in wood, or in
tubs or tins without lids . . . .cl. 3
Dripping, in bladders cl. 4
Dripping, in crocks, e.o.h.p. . .cl. 5
Dross, metal C
Druggeting cl. 3
Druggists' sundries, in mixed
packages cl. 4
Drugs, in casks, bags, or bales cl. 3
Drugs, in boxes or hampers . . cl. 4
Drugs, e.o.h.p cl. 5
Drums, iron or steel, for col-
lieries cl. 1
D.
Drysalteries, in casks cl. 3
Drysalteries, e.o.h.p cl. 4
Dubbin cl. 2
Dunnage mats cl. 1
Dust preventers cl. 3
Dutch metal and leaf cl. 3
Dye extracts cl. 4
Dye, liquor refuse, from print or
dye works cl. 1
Dyes, in casks and iron drums . .cl. 3
Dyes, e.o.h.p cl. 4
Dyes, in glass carboys cl. 5
Dyewoods
Barwood C
Fustic wood C
Lima wood C
Logwood C
Nicaragua wood C
Dyewoods, ground, in chips, in
bags cl. 1
Dyewoods, e.o.h.p cl. 1
Earthenware, in casks or crates .cl. 2
Earthenware, in hampers . . . .cl. 3
Earthenware, in boxes or cases. cl. 4
Earth closets cl. 3
Earth, red C
Earth nuts, or ground nuts . . . . C
Earth nut or ground nut oil, in
casks or iron drums round or
tapered at one end cl. 1
Eggs, in boxes, cases, or crates . .cl. 3
Eggs, e.o.h.p cl. 4
Elastic webbing cl. 3
Electric accumulators cl. 2
Electric batteries cl. 3
Electric cable cl. 3
Electric insulators cl. 2
Emery cl. 2
Emery dust cl. 2
Emery rollers arid emery wheels,
in boxes or cases cl. 2
E E
418
ALPHABETICAL CLASSIFICATION.
Emery rollers and emery wheels,
e o.h.p cl. 3
Emery stone C
Empty cases, casks, crates, ham-
pers, and other empties,
e. o.h.p cl. 5
Empty cases, for returned empties.
See clause 22 of Provisional
Order, p. 202.
Engine bed plates, iron and
steel C
Engravings cl. 5
Ensilage C
Envelopes, straw, for bottles . . cl. 2
Esparto grass, hydraulic or steam
press packed C
Esparto grass, machine pressed .cl. 1
Esparto grass (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or
in consignments of 20 cwt. . .cl. 3
Esparto grass, e. o.h.p cl. 4
Evergreens cl. 5
Extracts, in casks or boxes, for
tanners' use C
Extract of bark or wood, for
tanning cl. 1
Extract of malt cl. 4
Extract of meat cl. 5
Eyelets cl. 3
Farina, e.o.h.p C
Farina, calcined cl. 1
Fat, raw cl. 2
Feathers cl. 5
Felloes, waves, and spokes .... C
Felt, asphalted roofing, or tarrr.l
felt, or tarred sheathing. . . .cl. 1
Felt (not carpeting) cl. 2
Felt hat bodies cl. 4
Fencing standards, iron, in con-
crete blocks cl. 1
Fenders, packed in crates, cases,
or boxes cl. 3
Fenders, kitchen, iron or steel . . cl. 3
Fenders, ships', cork or hemp., cl. 3
Fenders, e.o.h.p cl. 5
Fents and tabs, cotton and
woollen cl. 3
Fenugreek seeds C
Fern, for litter or packing,
hydraulic or steam press
packed cl. 1
Fern, for litter or packing, e.o.h.p.,
minimum weight 20 cwt. per
waggon cl. 3
Ferro-manganese, in bulk B
Ferro-manganese, e.o.h.p. [sub.
iron or steel] C
Ferrules, iron, brass, or steel, .cl. 3
Figs, dried cl. 2
Figures, casts, or ornaments,
alabaster, bronze, gypsum,
plaster, stucco, or terra cotta .cl. 5
Figures, flowers, and heads,
wax cl. 5
Filberts cl. 3
Files or rasps, iron or steel . . cl. 2
Filings (iron and steel) B
Filters, cast iron cl. 2
Filters, earthenware cl. 3
Fire boxes of portable steam or
traction engines cl. 2
Fire engines, steam cl. 3
Fire engines, e.o.h.p cl. 4
Fire escapes cl. 3
Fire extinguishers (hand gre-
nade), packed cl. 3
Fire guards, metal cl. 3
Fire irons cl. 3
Fire lighters el. 2
Firewood, in bundles cl. 1
Fish-
Cod and ling, dried cl. 1
Cod and ling, thoroughly cured
in brine. . , . . .!. 1
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 419
Fish continued.
Herrings, thoroughly cured in
brine cl. 1
Bed herrings, thoroughly
cured cl. 1
All other fish, thoroughly salted
or dried cl. 1
Cockles cl. 1
Limpets cl. 1
Mussels cl. 1
Periwinkles cl. 1
"Whelks cl. 1
Herrings and sprats, in any
state, e.o.h.p cl. 2
All fish, partially cured, smoked,
or dried cl. 2
Crabs cl. 2
Fresh fish, e.o.h.p cl. 3
Freeh-
Brill cl. 4
Grayling cl. 4
Lobsters cl. 4
Oysters cl. 4
Prawns cl. 4
Eed mullet cl. 4
Salmon cl. 4
Smelt cl. 4
Soles cl. 4
Trout cl. 4
Turbot cl. 4
Whitebait cl. 4
Fish glue cl. 3
Fish hooks cl. 3
Flag poles, or Venetian masts . . cl. 2
Flannel cl. 3
Flax, in bales, minimum 60 cwt.
per waggon cl. 1
Flax, in bales, e.o.h.p cl. 2
Flax, e.o.h.p cl. 3
Flax, in the straw cl. 4
Flax seed, for sowing cl. 2
Flax straw, steam or hydraulic
press packed C
Flax straw, machine pressed . . cl. 1
Flax straw (not hydraulic or steam
press packed or machine
pressed), in full truck loads, or
in consignments of 20 cwt.. .cl. 3
Flax straw, e.o.h.p cl. 4
Flax waste, for paper making,
hydraulic or steam press
packed C
Flax waste, for paper making, .cl. 1
Flax waste, e.o.h.p cl. 2
Fleshings and glue pieces, fresh
from tanners, in casks C
Fleshings and glue pieces, dry,
in casks and bags cl. 1
Fleshings and glue pieces, fresh
from tanners, not packed . .cl. 1
Fleshings and glue pieces,
e.o.h.p cl. 2
Flints, e.o.h.p C
Flocks cl. 2
Floor cloth, including oil cloth,
boulinikon, kamptulicon, and
linoleum cl. 3
Flour C
Flour dressing or purifying
machines cl. 3
Flowers, cut cl. 5
Flower pots, clay, common un-
glazed cl. 2
Flower roots (not orchids) . . . . cl. 3
Flower roots, e.o.h.p cl. 4
Flower stands, wrought iron . . cl. 4
Flower stands, e.o.h.p cl. 5
Flower sticks, wooden or cane,
common cl. 1
Flue linings or flue pipes, fire
clay C
Fluid, disinfecting, in bottles
packed in cases or hampers, or
in basketed jars cl. 4
E2
420
ALPHABETICAL CLASSIFICATION.
Footballs cl. 4
Forges, portable, in pieces,
packed in boxes . . . ., cl. 2
Forges, portable, whole, cased in
iron cl. 2
Forges, portable, e.o.h.p cl. 3
Forgings, iron or steel, in the
rough, e.o.h.p C
Forks, digging, in cases cl. 2
Forks, toasting, iron cl. 3
Forks and spoons cl. 3
Frames and bed plates, iron or
steel, for timber sawing, bor-
ing, morticing, or planing
machinery cl. 1
Frames, iron or steel, for tar-
gets cl. 1
Frames, picture, common wood,
not gilded or Dutch metalled, cl. 3
Frames, picture, e.o.h.p cl. 5
Frilling machines, fitted up,
packed cl. 5
Frilling machines, in parts,
packed cl. 4
Fruit, minimum 20 cwt. per
waggon-
Apples cl. 1
Gooseberries cl. 1
Pears cl. 1
Apples, e.o.h.p cl. 2
Gooseberries, e.o.h.p cl. 2
Pears, e.o.h.p cl. 2
Cherries, in tubs, for jam . .cl. 2
Raspberries, in tubs, for jam .cl. 2
Strawberries, in tubs, for
jam cl. 2
Fruit, ripe, e.o.h.p cl. 2
Fruit, ripe, not hothouse
Apricots cl. 3
Cherries cl. 3
Nectarines cl. 3
Peaches . . . . cl. 3
Fruit, ripe, not hothouse contd.
Raspberries cl. 3
Strawberries cl. 3
Fruit, hothouse cl. 5
Fruit pulp, in cases cl. 1
Fruit cleaning machines cl. 4
Fuel economisers, iron or steel cl. 1
Fuller's earth C
Funnels, air or ship cl. 2
Furnace lumps B
Furnace plates C
Furnace scrapings B
Furniture, in vans, carts, or road
waggons cl. 4
Furniture, e.o.h.p cl. 5
Furniture vans, returned empty,
if from the same station and
consignee to which and to
whom they were carried full,
to the same station and con-
signor from which and from
whom they were carried full . . C
Furs cl. 5
Fustian and corduroy cl. 3
Fustic liquor cl. 2
Fustic wood C
Gall nuts cl. 2
Galvanised iron C
Gambler and terra-japonica . . . . C
Game cl. 5
Gannister A
Garancine cl. 2
Garden arches cl. 4
Garden engines cl. 4
Gas carbon B
Gas engines, complete cl. 2
Gas fittings, in parts, except brass
and copper tubing cl. 3
Gas lime or gas purifying refuse A
Gas meters el. 3
Gasometer sheets. . , . . <?
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
421
Gates, iron or wooden, common cl. 2
Gelatine cl. 3
German silver, in sheets cl. 3
German silver wire, in casks and
cases cl. 3
Ginger, e.o.h.p cl. 3
Ginger, preserved cl. 4
Ginger beer, in cases and casks cl. 1
Ginger beer, e.o.h.p cl. 2
Gins, wheels, with frames for
hoisting purposes cl. 3
Girders C
Girder bars C
Glass beads cl. 3
Glass blocks for pavement (fitted
in iron frames) cl. 1
Glass blocks for pavement (not
fitted in frames) cl. 2
Glass, crown, rolled or sheet . . cl. 3
Glass, cut, ornamental, for doors cl. 5
Glass, flint, e.o.h.p cl. 3
Glass, ground C
Glass, in boxes or cases, e.o.h.p. cl. 4
Glass, plate, rough cl. 3
Glass, plate, not silvered . . . . cl. 3
Glass, plate, silvered cl. 5
Glass, prepared, for photo-
graphers cl. 4
Glass, potters', in cases C
Glass, stained cl. 5
Glass house pots cl. 4
Glasses, watch cl. 5
Glaze, potters', in casks C
Globes, moons, or shades, glass,
common cl. 4
Globes, moons, or shades, glass,
e.o.h.p cl. 5
Globes, for educational purposes cl. 5
Gloves, cotton, woollen, or worsted,
in bales, packs, or trusses . .cl. 3
Gloves, cotton, woollen,or worsted,
e.o.h.p cl. 4
Gloves, rough leather, for la-
bourers cl. 3
Gloves, e.o.h.p cl. 5
Glucose cl. 1
Glue cl. 1
Glycerine, incasks or iron drums cl. 2
Glycerine, in cases or boxes . . cl. 3
Glycerine, e.o.h.p cl. 5
Glycerine grease, for lubricating
purposes, in tins, packed in
wooden cases cl. 3
Goat skins, thoroughly salted or
dry, in bales or bundles . . . . cl. 1
Goat skins, e.o.h.p cl. 3
Gold size cl. 4
Golf clubs cl. 4
Gooseberries, minimum 20 cwt.
per waggon cl. 1
Gooseberries, e.o.h.p cl. 2
Grain, barley C
Grain, beans, e.o.h.p C
Grain, bran C
Grain, brank or buckweat C
Grain, dari C
Grain, diUs C
Grain, groats C
Grain, gurdgeons C
Grain, hominy C
Grain, Indian corn C
Grain, lentils C
Grain, linseed C
Grain, locusts or charubs C
Grain, maize C
Grain, malt C
Grain, malt culms or cummings . . C
Grain, meal C
Grain, middlings C
Grain, millet C
Grain, oat dust C
422
ALPHABETICAL CLASSIFICATION.
Grain, oats C
Grain, peas, dried or split C
Grain, pollards or thirds C
Grain, rice points or husks . . . . C
Grain, rye C
Grain, sharps or seconds C
Grain, shelling C
Grain, shudes C
Grain, tares C
Grain, vetches C
Grain, wheat C
Granite, in blocks, rough or un-
dressed B
Granite, polished or dressed,
in blocks or slabs exceeding
2 inches in thickness cl. 1
Granite, polished or dressed,
e.o.h.p cl. 3
Granulated iron C
Grapes, packed in cork dust or
sawdust, in casks ! . . cl. 3
Grates, wooden or wrought iron,
for purifying gas cl. 1
Grates, ovens, ranges, or stoves,
common or kitchen cl. 2
Grates, ovens, ranges, or stoves,
polished cl. 4
Gratings (man-hole, drain, pave-
ment, area, or floor) C
Gravel A
Gravel, tarred, for paving B
Gravestones or tombstones. . . .cl. 4
Grayling (fish) cl. 4
Grease, in casks cl. 1
Greaves cl. 1
Gridirons cl. 2
Grindery cl. 3
Grindstones, in the rough C
Grindstones, e.o.h.p cl. 2
Grit, in bags (for sawing stone) . . C
Groats (grain) C
Groceries, mixed cl 3
Packages consigned as mixed
groceries may include any
grocery articles in class 3 or
any lower class, and any of
the following articles :
Cardamoms.
Citric acid.
Confectionery, e.o.h.p.
Crystallised fruits, e.o.h.p.
Meat pies.
Preserved ginger.
Sausages.
Yeast, e.o.h.p.
Blue, laundry, liquid, e.o.h.p.
Cinnamon.
Cloves.
Cochineal.
Cordials, e.o.h.p.
Extract of meat.
Indigo.
Isinglass.
Lard, e.o.h.p.
Nutmegs.
Guano C
Guide plates or ramps, iron,
or steel C
Gums, in mats, bags, casks, or
cases cl. 2
Gums, e.o.h.p cl. 3
Gun barrels, rough cl. 3
Gun barrels, e.o.h.p cl. 4
Gun carriages cl. 2
Gun locks and gun furniture, .cl. 3
Gun rnetal cl. 2
Gun stocks cl. 3
Gun wads cl. 3
Guns, machine, in cases cl. 3
Guns cl. 4
( iiirdgeons (grain) C
Gutta pnvliM, raw cl. 3
(I ul fa pi-rcha. goods cl. 4
C! ut t< -ring or corrugating ma-
chinos, o.o.h.p cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
423
Guttering or corrugating ma-
chines, not packed cl. 4
Gutters (iron and steel, roof-
work) C
Gypsum, for manure B
Gypsum stone, in lumps, under-
ground B
Gypsum, e.o.h.p C
Haberdashery cl. 4
Haddock oil, in casks or iron
drums round or tapered at one
end cl. 1
I lair, wet from tanneries . . . .cl. 1
Hair, raw, pressed in bales or
bags cl. 2
Hair, for manufacturing purposes,
e.o.h.p cl. 3
Hair, for head dressing cl. 5
Haircloth cl. 3
Hames cl. 2
Hammer heads, in the rough . . C
Hammer heads, e.o.h.p cl. 3
Hammer scale A
Hammers (not steam), e.o.h.p. cl. 3
Hand carts cl. 4
Handcuffs cl. 3
Handles, broom, mop, rake, fork,
spade, shovel, hammer, and
pick cl. 1
Handles, chest and saucepan, .cl. 3
Hand mills cl. 4
Hardware Packages containing
any hardware articles (not
gold, silver, or plated) set
out in classes lower than
cl. 3, or in that class, and any
of the following articles (not
gold, silver, or plated), viz. :
Awl blades cl. 3
Bayonets cl. 3
Hardware continued.
Bed keys cl. 3
Bedsteads, metallic, in strawed
bundles cl. 3
Bellows, packed cl. 3
Bellows pipes cl. 3
Bells, small cl. 3
Bicycle stands, wrought iron cl. 3
Bit burnishers, packed . . . . cl. 3
Bits, iron or steel cl. 3
Blanks, bronze and copper, for
stamping for coins cl. 3
Blow pipes cl. 3
Bolts, door cl. 3
Bottle jacks cl. 3
Boxes, safety cl. 3
Boxes or trunks, tin or sheet
iron, packed in crates or
cases cl. 3
Box or Italian irons cl. 3
Brands, iron or steel cl. 3
Brasswork, spun or stamped,
packed cl. 3
Buckles, brass, steel, or iron cl. 3
Bullet moulds cl. 3
Busks, wooden, horn, or steel cl. 3
Buttons cl. 3
Calipers cl. 3
Candlesticks, brass or iron. .cl. 3
Carpet bag frames cl. 3
Carriage and foot warmers . . cl. 3
Cartridge cases, brass cl. 3
Cart steps cl. 3
Castings, brass, German silver,
or nickel cl. 3
Castors, of all kinds cl. 3
Chains, curb or door cl. 3
Cinder sifters cl. 3
Clasps, book, boot, or belt. .cl. 3
424
ALPHABETICAL CLASSIFICATION.
Hardware continued.
Coach fittings, metallic,
packed cl. 3
Coach wrenches cl. 3
Coal scuttles, metallic, packed
in cases or boxes cl. 3
Coffee mills, small hand . . . . cl. 3
Coffin furniture, metallic . . cl. 3
Collars, dog cl. 3
Copying presses cl. 3
Corkscrews cl. 3
Currycombs cl. 3
Dies and die stocks cl. 3
Dust preventers cl. 3
Eyelets cl. 3
Fenders, packed in crates,
cases, or boxes cl. 3
Ferrules, iron, brass, or steel . .cl. 3
Fire guards (metal) cl. 3
Fire irons ,. cl. 3
Fish hooks cl. 3
Forks and spoons, metal. . . .cl. 3
Forks, toasting, iron cl. 3
Gas fittings, in parts, except
brass and copper tubing . . cl. 3
Gins, wheels, with frames for
hoisting purposes cl. 3
Grindery cl. 3
Gun barrels, rough cl. 3
Gun locks and gun furniture . .cl. 3
Hammer heads, packed . . . . cl. 3
Hammers, not steam, e.o.h.p. .cl, 3
Handcuffs cl. 3
Handles, chest and saucepan.. cl. 3
Harness fittings, metallic
packed cl. 3
Hat and umbrella stands, cast
iron cl. 3
Hay forks, in bundles cl. 3
Hinges, brass cl. 3
Hardware con tinned.
Hooks, boot and button, hat
and coat, and reaping . . . .cl.
Hooks and eyes cl.
Horse clippers, packed in casks
or cases cl.
Jacks, small cl.
Japanned ware, in casks or
cases cl. 3
Kitchen fireplace stands . . . . cl. 3
Knitting pins cl. 3
Knives or blades for cutting
machines cl. 3
Knobs, range, iron or steel . . cl. 3
Knobs, door cl. 3
Knockers, door cl. 3
Ladles, not puddlers', iron. .cl. 3
Lamp burners cl. 3
Lanterns, tin or iron cl. 3
Latches, door cl. 3
Locks and keys cl. 3
Magnets el. 3
Match-boxes, japanned or en-
amelled tin, new, empty,
packed cl. 3
Matchetts cl. 3
Medals, brass or copper . . . . cl. 3
Military ornaments cl. 3
Mortars and pestles, iron or
steel cl. 3
Nails and rivets, brass or cop-
per d. 3
Needles (in tin-lined cases) . .cl. 3
Nut crackers cl. 3
Ornaments for saddlery, brass,
iron, or steel cl. 3
Ornaments for uniform . . . . cl. 3
Pans, ash cl. 3
Pans, copper, for closets . . . . cl. 3
Pans, dust cl. 3
Pans, warming cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
425
I f;i rd warn con tin urd.
Puttrii. rin^ cl. 3
Patterns, travellers', hard-
ware cl. 3
Percussion cap shells cl. 3
Pins, metal, in boxes cl. 3
Plates, door cl. 3
Plates, iron, enamelled . . . . cl. 3
Pliers cl. 3
Powder flasks cl. 3
Pulley blocks, iron cl. 3
Pulleys, iron cl. 3
Pumps, hand, brass cl. 3
Railway carriage keys . . . . cl. 3
Refrigerators cl. 3
Riddles cl. 3
Saddletrees cl. 3
Scales and weights, letter . . cl. 3
Screws, brass, copper, or zinc..cl. 3
Screws, table expanding . . . . cl. 3
Scythe blades cl. 3
Scythes and sickles cl. 3
Shears, garden and sheep . .cl. 3
Ships' logs, metal cl. 3
Shoe horns and pegs, metal-
lic cl. 3
Show tablets, metal, enamel-
led cl. 3
Skates cl. 3
Skewers, iron or steel cl. 3
Snuffers, iron or steel cl. 3
Spanners cl. 3
Spittoons, iron . . .cl. 3
Spring balances cl. 3
Springs, chair, sofa, mattress,
door, or cart cl. 3
Spurs cl. 3
Stair rods cl. 3
Steelyards cl. 3
Stirrups cl. 3
1 lard ware continued.
Sugar nippers cl. 3
Sweat scrapers, packed cl. 3
Syringes, garden cl. 3
Tacks cl. 3
Taper holders, metal cl. 3
Taps, brass cl. 3
Terrets cl. 3
Thimbles cl. 3
Tinware, in casks or cases . . cl. 3
Tips, brassed for boot heels . . cl. 3
Tobacco boxes, metal cl. 3
Tools, carpenters', coopers',
edge, joiners', masons', and
shipwrights' cl. 3
Traps, sink, brass or copper . . cl. 3
Traps, vermin cl. 3
Trays, iron or steel cl. 3
Trivets, iron or steel cl. 3
Trouser stretchers, iron, port-
able cl. 3
Trowels cl. 3
Tubes, brass or copper (except
steam tubes), packed . . . .cl. 3
Umbrella fittings cl. 3
Umbrella stretchers cl. 3
Valves, brass cl. 3
Ventilators, small, iron or brass,
for buildings, packed . . . .cl. 3
Washers, brass or copper . . cl. 3
Weights, brass cl. 3
Wire, copper or brass, packed
in cases, casks, or in bags . . cl. 3
Hares, dead cl. 4
Haricot beans cl. 1
Harness fittings, metallic
packed cl. 2
Harness, e.o.h.p cl. 4
Harrow shafts, tube iron or tube
steel cl. 2
Hassocks . . . cl. 3
426
ALPHABETICAL CLASSIFICATION.
Hat and umbrella stands, cast
iron cl. 3
Hat and umbrella stands, wood. cl. 5
Hat leathers cl. 4
Hats, rush, in bales, trusses, and
hampers cl. 3
Hats, soft felt cl. 4
Hats, except soft felt and rush . .cl. 5
Hawkers' packs and trusses . . cl. 4
Hay, hydraulic or steam press
packed C
Hay, machine pressed, minimum
40 cwt. per waggon cl. 1
Hay, e.o.hp., minimum load
30 cwt. per waggon cl. 2
Hay forks, in cases cl. 2
Hay forks, in bundles cl. 3
Hay rakes, hand, in cases . . . . cl. 2
Hay rakes, hand, e.o.h.p cl. 3
Heads and staves, prepared for
casks C
Ilfudstocks, iron or steel, for col-
lieries . .cl. 1
Heater bottoms (iron or steel) . . C
Heel balls (shoemakers') . . . .cl. 3
Helmets, metal, in cases or
boxes .................. cl. 3
Helmets, felt, in casesor boxes.. cl. 5
II fives, or tilt hammers ........ C
Hemp, in bales, hydraulic or
steam press packed ........ cl. 1
Hemp, e.o.h.p ............. cl.
lli-nip seed ................ cl.
] It-nip waste .............. cl.
Herbs, green .............. cl.
] I rrrii !<;>, thoroughly cured in
cl.
Herrings, red, thoroughly
cured .................... cl. 1
Herrings, sprats, in any state . . cl. 2
Hessians, jute .............. cl. 2
Hide cuttings .............. cl. 1
Hides, thoroughly salted or dry,
in bales or bundles cl. 1
Hides, e.o.h.p cl. 3
Hinges, iron or steel cl. 2
Hinges, brass , . cl. 3
Hoes, hand cl. 2
Hoe head plates, in the rough . . C
Hollow-ware, cast iron, nested
and packed cl. 2
Hollow-ware, iron, including
kettles, pans, maslins (pots for
boiling fruit), and water cans,
in casks or crates cl. 3
Hollow- ware, iron, including
kettles, pans, maslins (pots for
boiling fruit), and water cans,
e.o.h.p cl. 4
Hominy (grain) C
Honey, in casks, or in jars packed
in crates or cases cl. 3
Honey, e.o.h.p cl. 4
Hoof and horn waste, e.o.h.p. . . C
Hoofs, horns, and horn tips,
buffalo, cow, goat, ox, and
sheep, packed cl. 1
Hoofs, horns, and horn tips,
buffalo, cow, goat, ox, and
sheep, e.o.h.p cl. 3
Hooks and eyes cl. 3
Hooks, boot, button, hat, coat,
reaping cl. 3
Hooks, ceiling cl. 2
Hooks, clip, galvanised iron . . cl. 2
Hoop iron C
Hoop steel C
Hoops, iron C
Hoops, weldless, in the rough . . C
Hoops, wooden cl. 2
I lop bitters cl. 4
Hops d. 3
Horn blocks, in the rough, for
locomotives . . C
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
427
Horn piths or sloughs C
Horn waste, e.o.h.p C
Horns, with slouch cl. 1
Horns. See Hoofs.
Horse clippers, packed in casks
or cases cl. 3
Horse shoe bars, iron C
Horse shoes cl. 1
Horses (dead) cl. 5
H<>SG, leather and canvas . . . .cl. 4
Hosiery, in bales, packs, or
trusses cl. 3
Hosiery, e.o.h.p cl. 4
Household linen and wearing ap-
parel (exclusive of silk goods),
e.o.h.p cl. 4
Housings, chocks, standards,
plain bed plates, pinions,
coupling boxes, and spindles
for rolling mills (iron and
steel) C
H*uckabacks cl. 3
Hurdles, iron or wood, e.o.h.p. . .cl. 1
Hurdles, iron or steel. on
wheels cl. 3
Hydraulic machinery and
presses cl. 1
Hygeian rock building composi-
tion, in bags or casks C
Ice cl. 2
Incubators, complete cl. 4
India rubber goods, except shoes
and goloshes cl. 3
India rubber, raw cl. 3
Indian corn C
Indigo cl. 5
Infusorial earth or diatomite . . . . C
Ingot moulds B
Ink, except printers', in boxes,
casks, or crates cl. 2
Ink, printers' cl. 3
Ink, o.o. h.p cl. 4
Iron and steel, the following-
articles of
Anchors C
Angle bars or plates C
Anvils B
Anvil blocks and cups C
Anvils, hammers, and stand-
ards for steam hammers . . . . C
Axle box guides, in the rough,
for locomotives C
Axle boxes cl. 1
Axle forgings, in the rough . . C
Axles, in the rough C
Axles and wheels (rail way car-
riage, railway waggon, tram,
or corve) C
Bar iron or steel, exceeding
one cwt. per bar, in open
trucks at request of trader. . B
Bar, e.o.h.p C
Bars for tin plate making . . . . B
Beams C
Bearers C
Binders C
Bolts and nuts C
Boot protectors C
Bridge work
Cantilevers C
Cross and longitudinal gir-
ders C
Floor plates C
Girders, whole or in part . . C
Joists C
Lattice bars . C
Screw and other piles, both
hollow and solid C
Struts and ties C
Bundles of bars . . C
428
ALPHABETICAL CLASSIFICATION.
Iron and steel continued.
Buoy sinkers B
Caissons C
Cannon balls and shot, and
shells not charged B
Cart bushes C
Chain cables C
Chains and traces, not packed C
Clippings, shearings, and
stampings of sheet iron and
tin plates, in compressed
bundles B
Colliery tubbing C
Columns C
Corrugated iron C
Crowbars C
Curbing, for roadways C
Cylinders, not turned, drilled,
planed, or slotted C
Dredger buckets and bucket
backs cl. 1
Engine bed plates C
Ferro-manganese, e.o.h.p C
Filings B
Galvanised iron C
Gasometer sheets C
Girders C
Girder bars C
Granulated iron C
Gratings (man-hole, drain,
pavement, area, or floor) . . C
Hammer heads, in the rough. . C
Heater bottoms C
Helves, or tilt hammers C
Hoop iron C
Hoop steel C
Hoops, iron C
Hoops, weldless, in the rough C
Horn blocks, in the rough, for
locomotives . . C
Iron and steel continued.
Housings, chocks, standards,
plain bed plates, pinions,
coupling boxes, and spindles,
for rolling mills
Ingot moulds
Lamp posts C
Malt kiln flooring (iron wire),
packed in cases cl. 1
Mortar mill rolls C
Nail rods and sheets C
Nails and spikes C
Pans, annealing cl. 1
Pickblocks or pickheads, in the
rough C
Pipes (exclusive of rain-water
pipes), gas, water, air, and
steam C
Pipes, for blast furnaces . . . . C
Plates-
Annealing C
Armour C
Black, in boxes, or not packed C
Boiler C
Canada cl. 1
Furnace C
Glass rolling el. 1
Hoe-head, in the rough . . . . C
Open sand, cast B
Plough, in the rough C
Railway fish C
Rough flooring C
Ships C
Shovel C
Tank C
Tin el. 1
Press tops and bottoms, un-
finished C
Railway buffers, buffer heads,
rods, and sockets cl. 1
:
ALI'll VliimCAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
429
Iron and steel continued.
Railway carriage and waggon
work C
Railway chairs C
Kail way points, crossings, or
joints C
Railway rails C
Railway springs cl. 1
Railway spring steel cl. 1
Retorts, retort lids, and retort
mouthpieces in the rough . . C
Rings cl. 1
Rivets C
Rods, common C
Rods (wire), rolled, not drawn C
Rolls, turned or unturned, not
polished or packed C
Roofwork
Bed plates C
Gutters C
Rafters C
Struts and ties or tie rods . . C
Tun shoes for principals . . C
Wind ties
Principals C
Purlins C
Wrought or cast iron sky bars C
Scrap, minimum load four tons
per truck B
Scrap, minimum load three tons
per truck C
Scrap, e.o.h.p cl. 1
Shafts, for driving mill wheels,
unfinished C
Sheet iron, not packed C
Shoe tips C
Sleepers C
Smiths' hearths cl. 1
Spiegeleisen, e.o.h.p. C
Standards for hurdles, packed C
Standards for hurdles, not
packed cl. 1
Iron and steel continued.
Strips, not packed C
Swarf B
Telegraph posts C
Telegraph stores
Blacked iron (cast) ridge
chairs C
Galvanised and blacked earth
plates, in bundles C
Galvanised and blacked iron
loop rods C
Galvanised and blacked screw
tighteners, packed C
Galvanised and blacked stay
rods, in bundles C
Galvanised and blacked stay
tighteners C
Iron poles, roofs, or caps . . C
Malleable cast-iron brackets,
galvanised, packed C
Tiles (roofing), painted, gal-
vanised, or enamelled . . . . C
Tinned iron in sheets, not
packed cl. 1
Tip iron C
Tram couplings cl. 1
Traps, sink and stench . . . . cl. 1
Trawl heads C
Trunnions, unfinished C
Tubes and fittings for tubes
(except electro-coppered or
coated with brass) C
Tyres and tyre bars, in the
rough C
Wall boxes C
Wall brackets C
Weights C
Wire (iron), not packed or
wrappered C
Wire iron, rolled in rods or
coils, not packed C
430
ALPHABETICAL CLASSIFICATION.
Iron and steel continued.
Wire rope, old, cut in pieces. . B
"Wire (steel), not packed or
wrappered C
Iron, hoop C
Iron, liquor or muriate of . . . . cl. 2
Iron, nitrate of cl. 2
Iron ore A
Iron ore refuse, for gas purifying B
Iron, pig B
Iron, plate or sheet, annealed, cl. 1
Iron pyrites, unburnt and burnt A
Iron, scrap, minimum load 3 tons
per truck C
Iron, scrap, e.o.h.p cl. 1
Iron, sheet, not packed C
Iron stone A
Iron, tinned, in sheets, not
packed cl. 1
Iron, tip C
Isinglass cl. 5
Ivory black , . , cl. 2
Ivory waste or dust cl. 2
Ivory, e.o.h.p cl. 5
Jacks, small cl. 3
Japanned ware, in casks or
cases cl. 3
Japanned ware, e.o.h.p cl. 4
Japan wax cl. 2
Jars, earthenware or stone-
ware cl. 2
Jet cl. 5
Jews' harps cl. 3
Joiners' work (common wood),
headings and mouldings (not
gilt, lacquered, or varnished),
doors and door frames, fittings
and fixtures for buildings, sta i r-
cases,l>allnsters, and handrails,
window Bashes and frames, and
shutters. . . .cl. 3
Juniper berries cl.
Jute cl. 1
Jute waste, for paper making, .cl. 1
Kainit B
Keel bars C
Kelp cl.
Kilting machines, in parts,
packed cl.
Kilting machines, fitted up,
packed cl. 5
Kips, thoroughly salted or dried,
in bales or bundles cl. 1
Kips, e.o.h.p cl. 3
Kitchen fire-place stands . . . .cl. 3
Kitool fibre cl. 2
Knapsacks, soldiers' cl. 4
Knife boards cl. 2
Knitting machines, in parts,
packed cl. 4
Knitting machines, fitted up,
packed cl. 5
Knitting pins cl. 3
Knives or blades for cutting ma-
chines cl. 3
Knobs, range, iron or steel . .cl. 3
Knobs, door cl. 3
Knockers, door . . . . c cl. 3
Lac d. 4
Lace, British, not silk ,cl. 4
Lace d. 5
Laces, boot or stay, cotton or
leather d. 3
Laces, boot or stay, e.o.h.p. . .cl. 4
I/nlders, iron cl. 1
Ladders, wooden cl. 2
Ladles, puddlers' cl. 1
Ladles (not puddlers'), iron . .cl. 3
Laminated lead cl. 2
Lamp black c l. 3
Lamp burners cl. 3
Lamp, chimney (glass) cl. 3
\j
;
VITHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 431
Lamp frames (street) cl. 3
Lamp-posts, iron and steel . . . . C
Lamp reflectors cl. 3
Lump-wick cl. 3
Lamps, paraffin, in parts (except
china or earthenware), packed
in casks and cases cl. 3
Lamps cl. 4
Lanterns, tin or iron cl. 3
Lard oil, in casks or iron drums,
round or tapered at one end cl. 1
Lard, in 'casks, boxes, tins, or
tubs with lids cl. 2
Lard, in bladders, in crocks, in
wood, or in tubs or tins with-
out lids cl 3
Lard, e.o.h.p cl. 5
Lasts, iron cl. 1
Lasts, wooden cl. 2
Latches, door cl. 3
Lathe beds cl. 1
Lavatory stands and basins,
earthenware, complete, ena-
melled cl. 3
Lawn mowers, packed cl. 3
Lawn mowers, not packed . . . . cl. 4
Lawn tennis implements . . . . cl. 4
Lead ashes, in bulk B
Lead ashes, in bags cl. 1
Lead, laminated cl. 2
Lead, nitrate of cl. 1
Lead ore C
Lead, old or scrap cl. 1
Lead pencils cl. 3
Lead piping, in cases or casks .cl. 1
Lead piping, e.o.h.p cl. 2
Lead, rod cl. 1
Lead, sheet cl. 1
Leather cuttings or parings,
waste cl. 1
Leather, undressed, except in
cases or crates . . . cl. 2
Leather, e.o.h.p cl. 3
Leather leggings cl. 4
Lemon peel and citron peel . . cl. 1
Lemon and lime juice, in cases
or casks cl. 2
Lemon and lime juice, e.o.h.p.. .cl. 3
Lemons cl. 2
Lentils C
Life buoys cl. 3
Lime, in bulk B
Lime, e.o.h.p C
Limestone, in bulk A
Limestone, polished or dressed . .cl. 3
Lime salt C
Lime water, in casks cl. 1
Lime water, e.o.h.p cl. 3
Lime, waste, sulphate of A
Lincrusta and anaglypta decora-
tive wall papers cl. 3
Linen cloth, packed cl. 3
Linen, grey, unbleached . . . .cl. 2
Linen, waste, for paper making,
hydraulic or steam press packed C
Linen, waste, for paper making . cl. 1
Linen, waste, e.o.h.p cl. 2
Linen yarn, press packed in
bundles or bales cl. 2
Linen yarn, or grey
e.o.h.p
Linseed (grain) , C
Linseed oil, in casks or iron
drums, round or tapered at
one end cl. 1
Lint cl. 4
Liquorice cl. 3
Litharge cl. 1
Lithographic stones cl. 4
Litter (moss or peat), hydraulic
or steam press packed B
Loam B
Lobsters (fresh fish) cl. 4
linen,
..cl. 3
432
ALPHABETICAL CLASSIFICATION.
Locks and keys cl. 3
Locomotive engines and tenders,
loaded in railway companies'
waggons cl. 2
Locusts or charubs C
Logwood C
Logwood liquor cl. 2
Looking glass frames (common),
wood (not gilded, or Dutch
metalled)* cl. 3
Looking glass frames, e.o.h.p. . .cl. 5
Looking glasses and mirrors,
glass cl. 5
Looms, not packed .cl. 4
Lubricating mineral oil, in casks
or iron drums, round or tapered
at one end cl. 1
Luggage or baggage, personal . cl. 4
Lustres and vases, glass cl. 5
Maccaroni cl. 3
Machinery, in parts, in cases,
e.o.h.p cl. 2
Machinery, in parts, not packed,
e.o.h.p cl. 4
Machines, fitted up, packed,
e.o.h.p cl. 3
Machines, fitted up, not packed,
e.o.h.p cl. 4
Madders cl. 2
Magnesia cl. 3
Magnesia, rough, oxide of, in
cases or casks C
Magnesium metal cl. 5
Magnesium, chloride of, in casks. C
Magnets cl. 3
Mai/.n C
Malleable iron castings cl. 1
Malt C
Malt (rushers cl. 4
Mult culms orcumming C
* In tin- iohedule* of G. K Ry.,G. N.
Ry., G. W. By.. L. A N. \V. Ry., L. &
S. W. Ry., L. B. & S. C.Ry.,L. C.\ I>.
Ry., Mid. Ry., and S. E. Ry. The wm.ls
" not gilded " only are in brackets!
Malt, extract of cl.
Malt, kiln, flouring (iron wire),
packed in cases cl. 1
Manganate of soda, crude, in
casks C
Manganese ore B
Manganiferous iron ore, for iron
making A
Mangel-wurzel, in bulk, for feed-
ing cattle B
Mangel-wurzel, e.o.h.p C
Manure, street, stable, farm-
yard, in bulk A
Manure, other than street, stable,
farmyard, in bulk . . . . , B
Manure, e.o.h.p C
Maps, in boxes or cases cl. 4
Maps, e.o.h.p cl. 5
Marble, in blocks, rough C
Marble, packed and in slabs,
cemented together cl. 3
Marble chips, for pavement, in
sacks C
Marble, chip, pavement cl. 1
Marbles, children's cl. 2
Margarine, in casks, firkins, or
boxes, or in tubs with wooden
lids cl. 2
Margarine, in crocks, in wood,
or in crocks when packed with
straw, in baskets cl. 3
Margarine, in baskets, flats, or
hampers, or in tubs without
lids cl. 4
Margarine, in crocks, e.o.h.p.. .cl. 5
Marquees or tents cl. 3
Ma>tic cl. 3
Match-boxes, japanned or ena-
ini'lli'd, tin, new. empty,
parked cl. 3
Match-boxes, empty, e.o.h.p. . .cl. 5
..cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
433
Mats and matting, e.o.h.p <!. 3
Mats, skin cl. 4
Mattresses cl. 4
M.-ul C
M.-at, fresh cl. 4
M'at pies cl. 4
Meat safes cl. 4
Megass, hydraulic or steam press
packed C
Mogass, machine pressed . . . . cl. 1
Megass (not hydraulic or steam
press packed, or machine
pressed), in full truck loads
or in consignments of 20 cwt. . cl. 3
Megass, e.o.h.p cl. 4
ICenhadden oil, in casks or iron
drums, round or tapered at
one end cl. 1
Merinoes, in bales, packs, or
trusses cl. 3
Mexican fibre, hydraulic or steam
press packed C
Mexican fibre, machine pressed . cl. 1
Mexican fibre (not hydraulic or
steam press packed or machine
pressed), in full truck loads or
in consignments of 20 cwt. . .cl. 3
Mexican fibre, e.o.h.p cl. 4
Mica cl. 3
Middlings C
Military ornaments, except gold,
silver, or plated cl. 3
Military ornaments, e.o.h.p. . .cl. 5
Milk* cl. 3
Milk cans and pans cl. 3
Millboard cl. 1
Millboard rollers for winding
paper in cases cl. 3
Millet C
Millinery cl. 5
* For milk by passenger trains, see
p. 211.
P.
Millstones in the rough C
Millstones, finished cl. 2
Mincing machines cl. 4
Mineral and aerated waters, in
cases and casks cl. 1
Mineral and aerated waters,
e.o.h.p cl. 2
Mineral, white C
Models, clay cl. 5
Molasses cl. 1
Moluscorium cl. 2
Mops cl. 3
Mordant liquors, including alum
liquor, dunging liquor, and red
liquor cl. 2
Morphia, in bottles or hampers . .cl . 5
Mortar mill rolls C
Mortar mills cl. 1
Mortars and pestles, iron or
steel cl. 3
Mortars and pestles, marble . .cl. 3
Moss, packed cl. 3
Moss, e.o.h.p cl. 5
Moulders, black or dust C
Mungo cl. 2
Muriate of ammonia cl. 1
Muriate of manganese C
Muriate of potash C
Mushroom pulp cl. 2
Mushroom spawn cl. 2
Mushrooms cl. 4
Musical instruments cl. 5
Muslin, book, if packed in bales,
packs, or trusses cl. 3
Muslin, book, e.o.h.p cl. 4
Muslins cl. 5
Mustard in casks, cases, boxes,
or bags cl. 2
Mustard, e.o.h.p cl. 3
Mustard seed cl. 1
Myrabolams C
FF
434
ALPHABETICAL CLASSIFICATION.
Nail (iron) cutting machines . . cl. 1
Nail rods and sheets C
Nails and spikes (iron or steel) . . C
Nails and rivets, brass or copper cl. 3
Nails, zinc cl. 2
Nectarines (ripe fruit, not hot-
house) cl. 3
Needles, in tin-lined cases . . . . cl. 3
Needles, e.o.h.p cl. 4
Netting, old, for paper making . C
Netting of iron wire cl. 2
Netting, cotton and twine . . . .cl. 3
Nickel cl. 3
Nickel ore cl. 2
Niger oil, in casks or iron drums,
round or tapered at one end cl. 1
Night soil , A
Nitrate of baryta cl. 3
Nitrate of copper in casks . . . . cl. 2
Nitrate of copper in jars or stone
bottles, covered with wicker
basket work cl. 5
Nitrate of iron cl. 2
Nitrate of lead cl. 1
Nitrate of soda C
Nitrate of silver cl. 5
Nitre cake t C
Nut crackers, except gold, silver,
or plated cl. 3
Nut crackers, e.o.h.p cl. 5
Nutmegs cl. 5
Nuts, e.o.h.p cl. 2
Oakum cl. 2
Oars cl. 3
Oat dust C
Oats C
Ochre C
Oil-cake C
Oilcloth cl. 3
Oilcloth cuttings, for paper
making cl. 1
Oils, not dangerous, in casks or
iron drums, round or tapered
at one end, as follows :
Carbolineum avenarius
Castor
Cocoanut
Cod
Cod liver
Colza
Cotton seed
Earth nut or ground nut .
Haddock
Herring
Lard
Linseed
Lubricating mineral
Mcnhadden
Niger
Oleic
Oleine or tallow
Palm
Palm nut
Pine
Rape seed
Rosin
Seal
Shale, crude
Soap
Sod
Sperm
Tar, mineral
Train
AVlialo
Wool or cloth
Oils, not dangerous, in casks or
in u drums, round or tapered
at one end, e.o.h.p cl. 2
Oils, not dangerous, e.o.h.p. . .cl. 3
Old sails and old tarpaulins, for
paper making C
Old or scrap lead cl. 1
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAH-'ir. 435
Oleic acid, in casks el. 3
Oleic acid, e.o.li.p cl. 4
Oleic oil, in casks or iron drums,
uncl or tapered at one end . . cl. 1
Oleino or tallow oil, in casks or
iron drums, round or tapered
at one end cl. 1
Onions cl. 1
Optical instruments cl. 5
Orange-peel cl. 1
Oranges cl. 2
Orchilla weed el. 2
Organs and organ-work cl. 5
Ornaments for saddlery, brass,
iron, or steel cl. 3
Ornaments for uniform, except
gold or silver plated cl. 3
Ornaments for uniform, e.o.h. p. cl. 5
Osiers, twigs, and willows,
green and wet cl. 1
Osiers, twigs, and willows, white
or stained cl. 3
Osnaburgs cl. 3
Overmantels, cast-iron, with
mirrors
Oxalic acid cl. 3
Oxide of iron C
Oysters cl. 4
Paints, in casks or iron drums, or
in tins, packed in cases . . . .cl. 2
Paints, in cans, hampers, boxes,
or iron bottles cl. 3
Paints, in jars cl. 5
Palisades, iron cl. 2
Palliasses, straw cl. 3
Palmetto leaf, hydraulic or steam
press packed C
Palmetto leaf, machine pressed .cl. 1
Palmetto leaf (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or
in consignments of 20 cwt. . .cl. 3
F
Palmetto leaf, e.o.h.p cl. 4
Palm leaves cl. 2
Palm oil, in casks or iron drums,
round or tapered at one end. .el. 1
Palm nut oil, in casks or iron
drums, round or tapered at one
end cl. 1
Panoramas and theatrical
scenery cl. 4
Pans, ash cl. 3
Pans, annealing (iron or steel) .cl. 1
Pans, chemical or dye, iron or
steel cl. 3
Pans, copper, for closets cl. 3
Pans, copper cl. 4
Pans, dust cl. 3
Pans, earthenware or iron, for
sanitary purposes cl. 3
Pans, warming cl. 3
Paper, for news printing, pack-
ing, or wrapping cl. 1
Paper, in rolls, for printing paper
hangings cl. 1
Paper collars, cuffs, and shirt
fronts cl. 3
Paper, emery, sand, and to-
bacco cl. 2
Paper, gummed for labels . . . . cl. 3
Paper hangings, common, in
bales cl. 2
Paper hangings, e.o.h.p cl. 3
Paper tubes, for caps cl. 3
Paper, e.o.h.p cl. 3
Papier macho goods cl. 5
Paraffin and petroleum oils, in
owner's tank waggons, not
giving off inflammable vapour
under 73 Fahrenheit when
tested in the manner set forth
in the Petroleum Act, 1879 . . cl. 2
Paraffin scale cl. 1
Paraffin wax cl. 1
436
ALPHABETICAL CLASSIFICATION.
Parchment cl. 5
Parian, in casks or crates . . . . cl. 2
Parian, in hampers cl. 3
Parian, in boxes or cases . . . .cl. 4
Parsnips C
Pasteboard cl. 1
Patten rings cl. 3
Pattens, in casks, cases, or
boxes cl. 3
Pattens, e.o.h.p cl. 4
Patterns, travellers', hard ware cl. 3
Patterns, wood, for castings . .cl. 4
Peaches (ripe fruit, not hot-
house) cl. 3
Pearl hardeniog for paper-
making C
Pearl shells cl. 3
Pears, minimum 20 cwt. per
waggon cl. 1
Pears, e.o.h.p cl. 2
Peas, dried or split C
Peat B
Pelts, wet, from tanners, in casks
or bags C
Pelts, wet, from tanners, not
packed cl. 1
Pelts, e.o.h.p cl. 2
Penholders, wood or metal, ex-
cept gold or silver plated . . cl. 3
Penholders, o.o.h.p cl. 5
Pens, steel cl. 4
Pepper cl. 3
Perambulators, complete or in
parts cl. 5
Percussion cap shells cl. 3
Percussion caps, uncharged . .cl. 3
Perforating and paper-cutting
machines cl. 4
Perfumery cl. 5
Petroleum grease or petroleum
jolly cl. 3
Pewter cl. 2
Phosphorus paste (vermin killer),
packed cl. 5
Photographic apparatus cl. 5
Piassava, hydraulic steam or press
packed cl. 1
Piassava, e.o.h.p., minimum 20
cwt. per waggon cl. 2
Piassava, e.o.h.p cl. 3
Pickaxes cl. 2
Pick blocks or pick heads, in the
rough (iron or steel) C
Pick blocks or pick heads, iron
or steel, e.o.h.p cl. 1
Picker bends cl. 2
Pickles, in boxes, cases, or
casks cl. 2
Pickles, e.o.h.p cl. 3
Picture frames, common, wood
(not gilded)* or Dutch met-
alled cl. 3
Picture frames, e.o.h.p cl. 5
Pictures cl. 5
Pig iron B
Pig lead C
Pigs, dead, in carcase, not packed
or wrapped, carried in open
waggons at trader's request . . cl. 1
Pimento cl. 2
Pino apples, not hot house,
packed cl. 4
Pine apples, e.o.h.p cl. 5
Pine oil, in casks or iron drums,
round or tapered at one end . . cl. 1
Pins, iron or steel C
Pins, metal cl. 3
Pipe clay C
Pipes, air, for ventilators . . . . cl. 1
Pipes, brass or copper cl. 4
Pip-s, draining, common, for agri-
cultural draining B
* The brackets are so.
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
437
Pipes (iron or steel, exclusive of
rain water pipes), gas, water,
air, and steam C
Pipes (iron or steel) for blast
furnaces C
Pipes, rain water, for spoutings
and their connections, cast
iron cl. 2
Pipes, smoking cl. 4
Pistols cl. 4
Piston rods, steel cl. 2
Pit cages cl. 1
Pitch, coal tar, in blocks B
Pitch, e.o.h.p C
Pitwood, for mining purposes . . C
Plaiting machines, in parts,
packed cl. 4
Plaiting machines, fitted up,
packed cl. 5
Plants, e.o.h.p cl. 3
Plants and shrubs (garden) in
baskets, mats, pots, or tubs . . cl. 5
Plaster C
Plaster slabs, fibrous cl. 1
Plaster stone, in lumps, unground B
Plate or sheet iron, annealed . . cl. 1
Plated goods cl. 4
Plates, door cl. 3
Plates, iron, enamelled cl. 3
Plates, iron or steel
Open, sand cast B
Annealing C
Armour C
Black, in boxes or not packed C
Boiler C
Furnace C
Hoe head, in the rough C
Plough, in the rough C
Railway fish C
Eough flooring C
Plates, iron or steel continued.
Ships C
Shovel C
Tank C
Canada cl. 1
For glass rolling cl. 1
Tin cl. 1
Platinum cl. 5
Pliers cl. 3
Plough arm and share moulds
and moulding, iron or steel cl. 1
Plough bodies, breasts, colters,
side caps, frames, or rests, iron
or steel cl. 1
Plough plates, in the rough (iron
or steel) C
Plough plates, finished, iron or
steel cl. 1
Plough shafts, tube iron or tube
steel cl. 2
Plough shares, iron or steel, in
the rough C
Plough shares, finished, iron or
steel cl. 1
Plough slades and wheels, iron or
steel cl. 1
Plumbago cl. 2
Plumbago ore C
Plums, dried, in fancy boxes . . cl. 4
Plush silk cl. 5
Polishing paste cl. 2
Pollards or thirds (grain) '. C
Porcelain cl. 4
Pork in brine cl. 2
Portmanteaus cl. 5
Posts, iron or steel, for wire
fencing C
Potatoes in bulk or in sacks . . . . C
Pots, iron, for melting iron . . . . C
Potsherds B
Poultry, dead cl. 4
438
ALPHABETICAL CLASSIFICATION.
Poultry, alive cl. 5
Poultry pens, wire, folded . . . . cl. 2
Prawns (fresh fish) cl. 4
Powder flasks cl. 3
Preserved ginger cl. 4
Preserves (fish, fruit, meat, and
provisions), in casks, boxes, or
cases cl. 2
Preserves (fish, fruit, meat, and
provisions), e.o.h.p., in crates
or baskets cl. 3
Preserves (fish, fruit, meat, and
provisions), e.o.h.p cl. 4
Press tops and buttons, unfinished C
Principals (wind ties) C
Printed matter, not bound . . . . cl. 2
Provender, green cl. 1
Provender, horse or cattle, hy-
draulic or steam press packed cl. 1
Provender, horse or cattle,
e.o.h.p cl. 2
Prunes in casks or mats cl. 2
Puddled bar, iron B
Pulley blocks, wood or iron . . cl. 3
Pulleys, iron cl. 3
Pumice stone cl. 1
Pumping machines cl. 1
Pumps (except hand pumps, brass)
and pump castings, e.o.h.p.. .cl. 1
Pumps and pump castings, in
cases cl. 2
Pumps and pump castings,
e.o.h.p cl. 3
Pumps, hand, brass cl. 3
Punching bears cl. 1
Purple ore A
Putty, e.o.h.p cl. 1
Pyrites, e.o.h.p C
Pyrites, iron, unburnt and burnt A
Quarls B
Quicks, e.o.h.p cl. 3
Quicksilver cl.
Quills cl. 5
Babbit fur or hatters' wool . . cl. 3
Rabbits, dead cl. 4
Eaffia cl. 3
Eafters (iron or steel) C
Bags, not oily, hydraulic or steam
press packed C
Bags, not oily cl. 1
Bags, pulled cl. 2
Bailway buffers, buffer heads,
rods, and sockets (iron or
steel) cl. 1
Bailway cards and tickets . . . . cl. 3
Bailway carriage and waggon
work (iron and steel) C
Bailway carriage keys cl. 3
Bailway chairs (iron and steel) . . C
Bailway cotters C
Bailway fish plates (iron or
steel) C
Bailway keys, wooden C
Bailway points, crossings, or
joints (iron or steel) C
Bailway rails (iron or steel) . . . . C
Bailway springs cl. 1
Bailway springs, steel cl. 1
Bailway waggon bodies cl. 2
Bailway waggon bodies, fitted
together cl. 2
Bailway waggon brasses . . . .cl. 2
Bailway waggons and other rail-
way vehicles loaded in other
waggons C
Bain-water pipes for spoutings
and their connexions, cast
iron cl. 2
Raisins cl. 2
Bape seed oil, in casks or iron
drums, round or tapered at one
end . . cl. 1
ALrilABETlCAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
439
Raspberries (ripe, not hot-
house) el. 3
Raspberries, in tubs for jam . .el. 2
Razor strops el. 4
Bed lead cl. 1
Eed mullet (fresh fish) cl. 4
tls and rushes cl. 4
RriMl webbing, for ceilings . .cl. 2
Eeels, for garden hose cl. 3
Reflectors, glass, with metal
backs cl. 4
Refrigerators cl. 3
Rennet cl. 3
Retorts, clay cl. 1
Retorts, firebrick cl. 1
Retorts, glass cl. 5
Retorts, retort lids, and retort
mouth pieces, in the rough
(iron and steel) C
Revalenta arabica cl. 2
Rhubarb, and rhubarb roots . . cl. 2
Ribbons cl. 5
Rice C
Rice points or husks C
Rick poles and covers cl. 3
Riddles cl. 3
Ridges, cement or stone, for roof-
ing C
Ridges, slate C
Rifles cl. 4
Rings (iron and steel) cl. 1
Rivets, iron and steel C
Rivets, brass or copper cl. 3
Riveting machines cl. 1
Rizine cl. 2
Road scraping and road sweep-
ing machines cl. 3
Rock crystal cl. 3
Rock salt B
Rocking horses cl. 5
Rod lead , . .cl. 1
Rods, common (iron and steel) . . C
Rods (wire), rolled, not drawn . . C
Rollers, brass or copper el. 5
Rollers, garden or hand el. 1
Rollers, typo printers' el. 4
Rolls (iron or steel), turned or
unturned, not polished or
packed C
Rolls, iron, e.o.h.p el. 2
Roofwork (iron and steel)
Bed plates C
Gutters C
Rafters C
Struts and ties, or tie rods . . . . C
Tun shoes for principals C
Wind-ties C
Principals C
Purlins C
"Wrought or cast iron sky bars . C
Ropes cl. 2
Ropes, old, for paper making . . C
Ropes, wire cl. 2
Rosin el. 1
Rosin oil, in casks or iron drums
round or tapered at one end . cl. 1
Rotten stone cl. 1
Rugs, hearth, except skin cl. 3
Rye C
Saccharine, in casks, bags, pails,
cans cl. 1
Sacks cl. 2
Sad irons, packed cl. 1
Sad irons, e.o.h.p cl. 2
Saddlery or harness, in tin-lined
cases or casks el. 3
Saddlery, e.o.h.p el. 4
Saddle trees cl. 4
Safes, iron or steel el. 2
Sago cl. 2
Sago flour C
ALPHABETICAL CLASSIFICATION.
Salammoniac cl. 1
Salmon (fresh) cl. 4
Salt, in bulk B
Salt, packed C
Salt, cake C
Salt, rock B
Saltpetre cl. 1
Sand A
Sand, glass and silver C
Sanitary tubes C
Sauces, in boxes, cases, or casks cl. 2
Sauces, e.o.h.p cl. 3
Sausages and saveloys cl. 4
Sawbench machines, portable,
packed cl. 3
Sawbench machines, portable,
not packed cl. 4
Sawdust C
Sawing machines, for sawing
iron cl. 1
Scale beams and scales cl. 3
Scales and weights, letter . . . . cl. 3
Scoops, iron cl. 2
Scoops, wood cl. 3
Scouring rock C
Scrap iron and steel, minimum
load four tons per truck B
Scrap iron and steel, minimum
load three tons per truck . . . . C
Scrap iron, e.o.h.p cl. 1
Scrap tin cl. 1
Scrap zinc cl. 2
Screw jacks, iron cl. 1
Screw jacks, except iron cl. 3
Screw propeller blades C
Screw propellers <!. 2
Screws, brass, copper, or zinc . . cl. 3
Screws, table expanding cl. 3
Scrolls, iron (for fixing springs
to carts and carriages) cl. 2
Screws, wet from tanners, in
casks C
Scrows, dry, in casks or bags . . cl. 1
Screws, wet from tanners, not
packed cl. 1
Scrows, e.o.h.p cl. 2
Scythe blades cl. 3.
Scythe sneds or handles cl. 3
Scythes and sickles cl. 3
Sealing wax cl. 3
Seal oil, in casks or iron drums
round or tapered at one end cl. 1
Seal pipes or valves, iron or steel cl. 1
Seal skins, wet and salted . . . . cl. 2
Seal skins, e.o.h.p cl. 4
Seal skins, made into articles of
wearing apparel cl. 5
Seaweed, dry, or alga marina . . cl. 2
Seaweed, edible cl. 3
Seeds, agricultural, e.o.h.p. . .cl. 2
Seeds, for crushing, for oil C
Seeds, e.o.h.p cl. 4
Semolina cl. 2
Serpentine, manufactured,
packed cl. 5
Sewing machines, in parts,
packed cl. 3
Sewing machines, fitted up,
packed cl. 5
Sewing machine stands, in parts,
packed in cases or frames . . cl. 3
Sewing machine stands, e.o.h.p. cl. 4
Shafts, cart d. 3
Shafts, for driving mill-wheels,
unfinished (iron and steel) . . . . C
Shafts, for driving mill-wheels
(wrought iron), finished . . . .cl. 1
Shafts, gig, carriage, or dog cart,
not painted or varnished. . . .cl. 3
Shafts, gig, carriage, or dog cart,
not painted or varnished,
e.o.h.p cl. 4
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
441
Shafts of screw propellers or
paddle wheels, iron or steel . . C
Shakings from cotton mills, for
paper making C
Shale oil, crude, in casks or iron
drums round or tapered at one
end cl. 1
Sharps or seconds (grain) C
Shavings, wood cl. 3
Shears, garden and sheep . . . .cl. 3
Sheep dipping powder cl. 1
Sheep racks cl. 4
Sheep skins, in casks and tho-
roughly salted or dry, in bales
or bundles cl. 1
Sheep skins, e.o.h.p cl. 3
Sheep wash cl. 1
Sheet iron, not packed C
Sheet lead cl. 1
Sheet steel cl. 3
Sheets, wool, new cl. 2
Shellac cl. 3
Shelling (grain) C
SheUs cl. 3
Ships' blocks cl. 3
Ships' logs, metal cl. 3
Ships' masts cl. 2
Ships' plates (iron and steel) . . . . C
Ships' sails, finished cl. 3
Ships' stern or rudder frames . . cl. 1
Ships' ventilators cl. 2
Shirts, cotton, woollen, and linen,
in bales, packs, trusses, and
hampers cl. 3
Shirts, e.o.h.p cl. 4
Shoddy cl. 2
Shoe horns and pegs cl. 3
Shoe tips (iron and steel) C
Shoemakers' wax cl. 2
Shoes and boots, including go-
loshes and leather cut into sole
shapes,in casks, cases, or boxes cl. 3
Shoes and boots, including' as
above, in hampers (white
rod) cl. 4
Shoes and boots, including as
above, e.o.h.p cl. 5
Shot belts cl. 3
Shot lead in bags, packed in
cases cl. 1
Shot lead, e.o.h.p cl. 2
Shovel plates, iron or steel,
finished cl. 1
Show cards (cardboard), im-
framed cl. 3
Show cards, e.o.h.p cl. 4
Show cases, for shops, glass, and
woodwork cl. 5
Show tablets, metal, enamelled. cl. 3
Shrubs and trees, e.o.h.p cl. 4
Shudes (grain) C
Shumac C
Shumac liquor cl. 2
Shutters, revolving wooden . . cl. 3
Shuttles, weavers' cl. 3
Signal posts (railway) and ma-
terials belonging thereto . . . . cl. 2
Silicate cotton or slag wool, in
casks or bags cl. 1
Silicate cotton or slag wool,
e.o.h.p cl. 2
Silicate of soda C
Silk cl. 5
Silver, nitrate of cl. 5
Silver ore cl. 3
Silver precipitate cl. 5
Sinks, cast iron, not enamelled. cl. 2
Sinks, enamelled cl. 3
Sink traps, earthenware or fire
clay cl. 1
Size, in cases or casks cl. 1
Size, e.o.h.p cl. 2
Skates cl. 3
Skewers, iron or steel cl. 3
ALPHABETICAL CLASSIFICATION.
Skid pans, or waggon slippers,
iron cl. 1
Skimmings, flux, lead, tin, or
zinc B
Skins, fine, including deer, fox,
kid, musquash, and nutria . . cl. 4
Skins, hare and rabbit cl. 3
Slabs. See Slate Slabs.
Slack A
Slag or scoria, blast furnace .... A
Slag, glass, refuse from glass
works C
Slate beds of billiard tables,
packed in cases cl. 3
Slate, ground, for cement C
Slate pencils cl. 2
Slate slabs, in the rough, or
roughly squared or planed,
not packed B
Slate slabs, not polished or
enamelled, in cases cl. 1
Slate slabs, c.o.li.p cl. 3
Slates, common B
Slates, writing cl. 2
Sleepers, iron and steel C
Slummage C
Smelts, fresh (fish) cl. 4
Smiths' hearths (iron and steel) .cl. 1
Snuff cl. 4
Snuffers (iron or steel) cl. 3
Soap cl. 1
Soap oil, in casks or iron drums
round or tapered at one end .cl. 1
Soap, stone C
Sod oil, in casks or iron drums
round or tapered at one end .cl. 1
Soda C
Soda, acetate of cl. 1
Soda ash C
Soda, bicarbonate of, in casks . . C
Soda, bicarbonate of, in boxes,
crates, or hampers cl. 2
Soda, bichromate of, in casks, .cl.
Soda, bichromate of, e.o.h.p. . .cl.
Soda, chlorate of, packed in
hampers or casks cl. 2
Soda, silicate of C
Soda, sulphate of C
Soda, stannite of cl. 2
Solder cl. 1
Sole bars, wooden C
Sole plates, iron or steel, for
steam hammers C
Soles (fresh fish) cl. 4
Soot C
Spades and shovels, iron or
steel cl. 2
Spades and shovels, wooden . . cl. 4
Spade trees cl. 1
Spanners cl. 3
Spar, in the rough, in bulk . . . . B
Spar, ground C
Spelter, in plates or ingots C
Spelter sheets, in casks or
cases cl. 1
Spelter sheets, e.o.h.p cl. 2
Spermaceti cl. 4
Sperm oil, in casks or iron drums
round or tapered at one end.cl. 1
Spctches, wet from tanners, in
casks C
Spctches, wet from tanners, not
packed el. 1
Spetches, dry, in casks or bags cl. 1
Spetches, e.o.h.p cl. 2
Spiegeleisen, in bulk B
Spiegeleisen, e.o.h.p C
Spile pegs cl. 1
Swindles, in boxes cl. 3
Spindles, e.o.h.p cl. 4
Spirits, in casks or cases cl. 3
Spirits, in hampers cl. 4
e.o.h.p cl. 5
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
443
Spirits of tar, in casks or iron
drums cl. 2
Spirits of tar, e.o.h.p cl. 4
tSpittoons cl. 3
Splints, wood, for matches . . . . cl. 3
Sponges cl. 5
Spoutings and connexions, iron or
steel cl. 2
Spring balances cl. 3
Springs, chair, sofa, mattress,
door, or cart cl. 3
J3purs, not plated cl. 3
Squeegees, for cleaning ships'
decks, &c cl. 3
Stable fittings, except enamelled,
iron or steel cl. 2
Stable fittings and mangers, iron,
enamelled cl. 3
Stag horns cl. 4
Stair rods cl. 3
Stampings, iron or steel, rough,
unfinished, not tinned or gal-
vanised cl. 1
Standards, for hurdles, iron and
steel, packed C
Standards, for hurdles, as above,
not packed cl. 1
Stannite of potash cl. 2
Stannite of soda cl. 2
Staples, iron cl. 1
Staples, wire, for bookbinders cl. 2
Starch, in casks, cases, boxes, or
bags cl. 2
Starch, e.o.h.p cl. 3
Stationery, e.o.h.p cl. 3
Stays, not silk, for wearing
apparel cl. 3
Steam excavators or steam
navvies cl. 2
Steam gauges cl. 4
Steam hammers cl. 1
Stearine . . . . cl. 1
Steel bars and bundles cl. 2
Steel, sheet cl. 3
Steel and iron, articles of. See
under Iron.
Steelyards cl. 3
Stereotype casts cl. 4
Sticks, pea and bean C
Stills, iron cl. 3
Stills, copper cl. 4
Stirrups cl. 3
Stone and undressed material for
repair of roads A
Stone, wholly undressed, straight
from a quarry A
Stone, in the rough state, building,
pitching, paving, curb, or flag B
Stone, sawn or roughly wrought
up, such as troughs or sinks . . C
Stone, carved for building pur-
poses cl. 2
Stone, decorative, carved for deco-
rating the interior of buildings cl.4
Stone, blue, in casks, cases, boxes,
or bags cl. 2
Stone, blue, e.o.h.p cl. 3
Stone cutting and crushing
machines cl. 1
Stoves, gas or oil cl. 3
Stoves, fireclay tile cl. 4
Straw, hydraulic or steam press
packed C
Straw, machine pressed, minimum
40 cwt. per waggon cl. 1
Straw (not hydraulic or steam
press packed or machine
pressed), in full truck loads or
in consignments of 20 cwt.. .cl. 3
Straw, e.o.h.p cl. 4
Strawberries, ripe (not hot-
house) cl. 3
Strawberries, in tubs for jam. .cl. 2
Strawboard . .cl. 1
ALPHABETICAL CLASSIFICATION.
Strawboard cuttings, for paper
making el. 1
Straw goods, including straw
hats and straw bonnets . . . . cl. 5
Straw plait cl. 5
Strickles, in boxes or cases . . cl. 2
Strickles, e.o.h.p cl. 3
Strips, iron or steel, not packed . . C
Stucco, ground C
Studs, iron or steel cl. 1
Stuff goods, in bales, packs, or
trusses cl. 3
Stuff goods, e.o.h.p cl. 4
Sud cake manure B
Sugar, in bags, cases, or casks .cl. 1
Sugar, e.o.h.p cl. 3
Sugar candy cl. 3
Sugar mats, old, for paper
making C
Sugar mills cl. 2
Sugar nippers, except gold, silver,
or plated cl. 3
Sugar nippers, e.o.h.p cl. 5
Sugar scum, for manure B
Sulphate of alumina C
Sulphate of ammonia C
Sulphate of copper, for export, in
10 ton lots C
Sulphate of copper, e.o.h.p. . .cl. 1
Sulphate of iron C
Sulphate of lime C
Sulphate of lime, waste A
Sulphate of magnesia C
Sulphate of potash B
Sulphate of soda C
Sulphur, crude or unmanufactured C
Sulphur, e.o.h.p cl. 1
Sulphur ore B
Summer houses cl. 5
Surat bagging, for paper
making cl. 1
Surgical instruments cl.
Swarf (iron and steel)
Sweat scrapers, packed cl. 3
Swing boats and hobby horses, cl. 4
Syringes, garden cl. 3
Syrup, in casks cl. 1
Syrup, in cases, in tins, in bas-
kets, or in stone bottles packed
in crates or hampers cl. 3
Tables, cast iron or cast steel . . cl. 4
Tables, cast iron or steel, in
parts cl. ?
Tabling, water, cement cl. 1
Tacks cl. 3
Talc cl. 3
Tallow cl. 1
Tamarinds cl. 2
Tan oil, in casks or iron drums
round or tapered at one end .cl. 1
Tan or spent bark B
Tank plates (iron and steel) . . . . C
Tanks cl. 4
Tap or mill cinder A
Taper holders, metal cl. 3
Tapes cl. 3
Tapioca cl. 2
Tapioca flour cl. 2
Taps, brass cl. 3
Tar oil (mineral), in casks or iron
drums round or tapered at one
end cl. 1
Tares (grain) C
Tares or wrappers for cotton
bales cl. 1
Targets, iron or steel C
Tarpaulins cl. 2
Tartar, liquid cl. 2
Tartaric acid cl. 4
Tea cl. 3
Teazles . . cl. 5
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 445
Telegraph insulators, earthen-
ware, packed cl. 1
Telegraph instruments, packed .cl. 4
Telegraph posts (iron and steel) . . C
Telegraph stores (iron and steel)
Blacked iron (cast) ridge
chairs C
Galvanised and blacked earth
plates in bundles C
Galvanised and blacked iron
loop rods C
Galvanised and blacked screw
tighteners, packed C
Galvanised and blacked stay
rods, in bundles C
Galvanised and blacked stay
tighteners C
Iron poles, roofs, or caps . . . . C
Malleable cast iron brackets,
galvanised, packed C
Telegraph stores
Wrought iron double swivels . cl. 1
Malleable cast iron double wall
brackets cl. 1
Malleable cast iron saddles, .cl. 1
Telephone apparatus, packed . . cl. 4
Telescopes cl. 5
Terne metal cl. 2
Terra alba C
Terra-cotta blocks and bricks . . C
Terra-cotta caps and stoppers .cl. 1
Terrets cl. 3
Textile fabrics, made of mixed
cotton, linen, wool, or similar
materials cl. 4
Theatrical luggage cl. 4
Thermometers cl. 5
Thimbles, except gold, silver, or
plated cl. 3
Thimbles, e.o.h.p cl. 5
Thread, cotton and linen cl. 3
Tiles, art cl. 4
Tiles, paving, draining, roofing,
or garden edging, common . . B
Tiles (roofing, iron and steel),
painted, galvanised, or ena-
melled C
Tiles, e.o.h.p C
Timber, actual machine weight. . C
Timber, measurement weight, .cl. 1
Tin crystals cl. 4
Tin, in blocks, cakes, or ingots cl. 2
Tincal cl. 2
Tinfoil cl. 2
Tin liquor cl. 2
Tinned iron, in sheets, not
packed cl. 1
Tin ore cl. 1
Tin plates (iron and steel) . . . .cl. 1
Tin ware, in casks or cases . . . . cl. 3
Tin ware, e.o.h.p cl. 4
Tip iron C
Tips, brassed for boot heels . . cl. 3
Toasting forks, iron or steel . . cl. 3
Tobacco boxes, metal cl. 3
Tobacco, cigars, and cigarettes .cl. 5
Tobacco juice, in casks cl. 2
Tobacco juice, e.o.h.p cl. 3
Tobacco leaf, in hogsheads or
tierces cl. 2
Tobacco leaf, e.o.h.p cl. 3
Tobacco, manufactured, except
cigars and cigarettes cl. 4
Tobacco stoves or presses . . . . cl. 2
Tomatoes cl. 4
Tonquin beans cl. 5
Tools, well boring and pit bor-
ing cl. 2
Tools, carpenters', coopers', edge,
joiners,' masons', and ship-
wrights' cl. 3
Torch wick cl. 2
Tortoiseshell cl. 5
Tow, in bales, minimum 60 cwt.
per waggon cl. 1
416
ALPHABETICAL CLASSIFICATION.
Tow, in bales, e.o.h.p cl. 2
Tow, e.o.h.p cl. 3
Tow waste, hydraulic or steam
press packed C
Tow waste, for paper making . .cl. 1
Tow waste, e.o.h.p cl. 2
Toys, packed cl. 3
Toys, e.o.h.p cl. 4
Tram couplings (iron and steel) cl. 1
Traps, sink and stench (iron and
steel) cl. 1
Traps, sink, brass or copper . . cl. 3
Traps, vermin cl. 3
Trawl heads (iron and steel) . . . . C
Trays, iron or steel cl. 3
Treacle cl. 1
Trellis work, wood, in bundles .cl. 3
Trenails C
Trestles, wrought iron cl. 1
Tricycles and velocipedes . . . . cl. 5
Trivets, iron or steel cl. 3
Troughs, earthenware and fire-
clay C
Troughs, bakers', wooden . . . .cl. 3
Troughs, cattle and other, iron
or steel cl. 3
Trousor stretchers, iron, port-
able cl. 3
Trout (fish) cl. 4
Trowels cl. 3
Trunks cl. 5
Trunnions, unfinished (iron and
steel) C
Tubes, brass or copper, except
steam packed cl. 3
Tubes, brass or copper, e.o.h.p. cl. 4
Tubes, coated with brass . . . .cl. 2
Tubes, electro coppered cl. 2
Tubes, and fittings for tubes (iron
and steel), except elect ro-c<>p-
pered or coated with brass . . . . C
Tubes, steam, brass or copper . cl.
Tubes, tin and zinc cl.
Tubing, brass or copper,
e.o.h.p cl. 4
Tubs, iron cl. 2
Tubs, washing cl. 3
Tubs, wood cl. 3
Tue irons cl. 2
Tun shoes for principals (roof-
work, iron and steel) C
Turbot (fish, fresh) cl. 4
Turf B
Turmeric cl. 2
Turnery ware cl. 3
Turnips, in bulk, for cattle feed-
ing B
Turnips, e.o.h.p C
Turn tables, in parts C
Turpentine, crude, in casks . .cl. 1
Turpentine, spirits of, in casks or
iron drums cl. 2
Turpentine, spirits of, e.o.h.p. cl. 5
Turtle cl. 5
Twine cl. 2
Type cl. 3
Tyres and tyre bars, in tlio
rough C
Ultramarine cl. 4
Umber C
Umbrellas cl. 4
Umbrella fittings cl. 3
Umbrella sticks, in the rough cl. 2
Umbrella sticks, e.o.h.p cl. 4
Umbrella stretchers cl. 3
Yalonia C
Valves, brass cl. 3
Valves, gas or water, iron or
steel cl. 1
Vans, commercial travellers' . .cl. 4
Varnish, in casks or iron drums cl. 2
Varnish, e.o.h.p cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 447
Vaseline cl. 3
Vats cl. 4
Vegetable ivory cl. 3
Vegetable tar C
Vegetable washing machines, .cl. 4
Vegetable wax cl. 2
Vegetables, desiccated, for cattle
food cl. 1
Vegetables, hothouse, packed . . cl, 4
Vegetables, in brine cl. 1
Vegetables, not packed, e.o.h.p.,
minimum 20 cwt. per waggon cl. 1
: i -tables, packed, e.o.h.p. . .cl. 2
Velvet cotton, in bales, packs, or
trusses cl. 3
Velvet; e.o.h.p cl. 5
Veneers cl. 4
Venison cl. 4
Ventilators, small, iron or brass,
for buildings, packed cl. 3
Ventilators, e.o.h.p cl. 5
Verdigris cl. 4
Verjuice, in casks cl. 1
Vermicelli cl. 3
Vetches C
Vices, iron or steel cl. 2
Vinegar, in casks cl. 1
Vinegar, in cases cl. 2
Vinegar, e.o.h.p cl. 3
Wadding, cotton cl. 3
Waggon bodies, in pieces, bound
together cl. 1
"Walking sticks, e.o.h.p cl. 4
Walking sticks, in the rough . . cl. 2
Wall boxes (iron and steel) . . . . C
Wall brackets (iron and steel) . . C
Walnuts, green, and husks. . . .cl. 2
Warps, except silk cl. 4
Washers, brass or coppers . . . .cl. 3
Washers, iron or steel C
Washers, leather cl. 2
Washing and wringing machine
rollers cl. 1
Washing and wringing machines,
packed cl. 3
Washing and wringing machines,
not packed cl. 4
"Washing powder and paste . . cl. 1
Wash leather cl. 3
Washstand tops,marble, packed cl. 3
Waste paper for paper making . . C
Waste sulphate of lime A
Watch glasses cl. 4
Water cans (hollow ware) . . . .cl. 3
Water meters cl. 3
Weighing machines, large (those
used for weighing railway
and other vehicles, and also
cattle) cl. 2
Weighing machines, small (those
used for weighing packages
and goods) cl. 3
Weights C
Weights, brass cl. 3
Whalebone cl. 4
Whale oil, in casks or iron drums
round or tapered at one end . . cl. 1
Wheat (grain) C
Wheelbarrows, in parts cl. 1
Wheelbarrows. And see under
Builder's Implements cl. 3
Wheels, cart and plough, iron or
steel cl. 1
Wheels, fly or spur cl. 1
Wheels, wheelbarrow, iron or
steel cl. 1
Wheels, rudder or steering, in
cases, crates, or frames . . . .cl. 3
Wheels, rudder or steering,
e.o.h.p cl. 4
448
ALPHABETICAL CLASSIFICATION.
Wheels, cart, coach, or carriage cl. 4
Whelks cl. 1
Whetstones and honestones . .cl. 3
Whisks, packed cl. 3
Whitebait cl. 4
White lead ".cl. 1
Whiting and whitening C
Winches, hand cl. 1
Winches, steam cl. 3
Wind ties (roof work), principals,
and purlins (iron and steel) . . C
Window frames, iron, packed in
cases cl. 2
Window frames, iron, e.o.h.p. .cl. 3
Window guards, iron cl. 1
Window sashes, in frames, and
shutters (joiners' work), com-
mon wood cl. 3
Window shutters, iron or steel . . cl. 2
Wines, British, in casks cl. 2
Wines, British, e.o.h.p cl. 3
Wines, in casks or cases cl. 3
Wines, in hampers cl. 4
Wines, e o.h.p cl. 5
Wire (of iron or steel, including
tinned or galvanised), in
wrapped coils or not otherwise
packed C
Wire, cotton covered, in casks,
hampers, cases, and canvas
covered coils cl. 2
Wire, iron or steel, e.o.h.p. . .cl. 2
Wire, lead cl. 2
Wire, copper or brass, packed in
cases or casks, or in bags ..<!. 3
Wire, in>nlatr<l cl. 4
Wiro, polished or needle cl. 4
Wire gauze cl. 4
Wire rope, old, cut in pieces
(iron and steel) B
Woad cl.
Wolfram C
Wood, bent, rough, unfinished, cl. 2
Wood, bent, e.o.h.p cl. 3
Wood fibre, hydraulic or steam
press packed C
Wood fibre, in bales cl. 1
Wood pulp, or half stuff C
Wood pulp, middles cl. 1
Wood treads, in frames, for
stairs cl. 1
Wood turnings, for fish-curing. . C
Wooden blocks, for paving . . . . C
Wooden boxes, for packing tin
plates C
Woodwork, carved, for decorat-
ing the interior of buildings, .cl. 5
Woodwork, for the manufacture
of organs cl. 4
Woodwork, for the manufacture
of pianos cl. 4
Wool, dressed or carded cl. 3
Wool, raw cl. 2
Wool or cloth oil, in casks or iron
drums round or tapered at one
end cl. 1
Woollen and worsted goods, in
bales, packs, or trusses . . . . cl. 3
Woollen and worsted goods,
e.o.h.p cl. 4
Woollen cloth, in bales, packs, or
trusses < 1. 3
Woollen cloth, e.o.h.p cl. 4
Wrought or cast iron skybars . . C
Xylonite cl. 3
Yarn, twist, and weft, cotton and
linen, in bales, bags, wrappers,
-kips, or casks cl. 2
Yarns, twist, and weft (except
silk) cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
449
Yeast, e.o.h.p. See also under
Groceries (mixed) cl. 4
Yeast, in bags, or in bags in
baskets, hydraulic press packed,
dry cl. 2
Yellow metal bolts and nails . . cl. 2
Yellow metal plates and sheath-
ing cl. 1
Yellow metal rods cl. 2
Yellow or Persian berries . . . cl. 3
Yolk of eggs cl. 5
Zinc ashes B
Zinc bars cl. 2
Zinc, carbonate of C
Zinc ingots or plates C
Zinc "ore B
Zinc ridges cl. 1
Zinc sheets or rods C
Zinc, white, or oxide of zinc . . . . C
G G
451
APPENDIX A.
Railway and Canal Traffic Act, 1888.
INCREASE OF RATES.
OEDEE OF THE BOAED OF TEADE.
[Sect. 33, sub-sect. 6, of the Traffic Act, 1888.]
1. Where a railway company intend to increase any
toll, rate, or charge published in the books required to be
kept by the company for public inspection under sect. 14
of the Regulation of Railways Act, 1873, and the Railway
and Canal Traffic Act, 1888, notice of the intended in-
crease shall, not less than fourteen days before the date on
which the increased toll, rate, or charge is to take effect :
(a) Be published once at least in one of the newspapers
which has a circulation in the district, or in each of
the several districts, comprising the stations or
places the traffic at or between which is subject to
the toll, rate, or charge which it is intended to in-
crease; and
(b) Be printed in large type and posted and afterwards
kept posted for a period of not less than twenty-
eight days in a conspicuous place in each of the
stations on the company's railway the traffic at or
between which is subject to the said toll, rate, or
charge.
Provided that if a rate which it is intended to increase
is one under which no merchandise traffic has been carried
on the company's railway during the twelve months imme-
diately preceding the date on which the intended increase
G G 2
452 APPENDIX A.
of such rate is to take effect, no notice of the intended
increase need be published in any newspaper.
2. The notice shall be in the form in the schedule hereto
with any necessary additions, and shall specify with refer-
ence to each altered toll, rate, or charge, the date on which
it is to take effect.
Signed, by order of the Board of Trade, this 25th day
of January, 1889.
COURTENAY BOYLE,
Assistant Secretary, Eailway Department.
SCHEDULE.
Form of Notice of Increase of Tolls, Rates, and Charges.
THE EAILWAY AND CANAL TRAFFIC ACT, 1888.
THE [name of company'].
Notice of Increase of Rates (Tolls and Charges].
NOTICE is HEREBY GIVEN, pursuant to the Eailway and Canal
Traffic Act, 1888, and the order of the Board of Trade thereunder,
(l:iti-il the day of , 1889, that the above-mentioned
company intend to increase the under-mentioned of the rates (a)
published in the books required by Act of Parliament to be kept
for public inspection to the extent and in the manner under-
mentioned, and that the altered rates are to come into force on the
\_state a date at least fourteen days later than the date of the notice'].
Signed .
Dated the day of , 1889.
ALTERATION OF EATES.
[The alteration must be in the mamnr which Is most couv(/n'<nt,
Imrimi ri'i'ini f<> tin imhiri' dm/ itmnln-r of the rates and the manner
in which it is intended to alter them.']
(a) If it is intended to alter tolls or charges this should be stated.
I
l!.
oi
oo - a
O W5 O
t~ t~l>-
6 ~
l
II II
l-fi
II II III
9?
^J 1
3 2
b ' -b b ' b b ^ ^
P!
CO
I I
1 1
111! IN pi
<j2 . 8 I I S 8 i 8 2 i IT *:S8
d^^t''^ _ l _ _ 'cS^
s
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88 8
, |,g TT| | 8 |, |,
i i i
4 1 1 1
I 812 I Ml
|.
^^
l l |8 8
I I I b b
I I I Big I I
I 1 !
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6*51 i
.9^ C :
^-3^ ^-t.^^^
il 3 1
K
(
. (
i^Jj; S^-rM^
/----I ^M M MM ^
5*
i
i 11
B 'S.
M?M
"--H-^M M r 2'- k " E-
= _i^_i,_o 5^^^^ s * -3 ^ * -3
s 5a
i? |MM
2JJ e^j
APPENDIX B.
So
p
M I
6 I
jo
t~ IQ i tn 10 | o
66 6 ' 6 6
i^ P o
SIS:
IOJ-^T CNC- w J S S>S
JO
.
66
5 S . S 8 S
&ft|^ ^ 6 6
PH
l^a
SYNOPSIS OF MAXIMUM RATES.
3 "a
I 1
455
|!M*1* 11 fj |- |
W
^ "3
O O
| b- t 1 i- i-
6 6 'do
6
S
i
S
6
S
S
a
i 2 2 '2 2
2
l|2
i
IJ8
i2o '
_
1-1
a
s
a
1 8 S | S \a
s
tJ--5
S'g ^
i
s
88 I
g
I"
a
a
8 88 88 S
8
II 8
o
88
8
J, ^ y- -
*|
p
_
i~ ?
1-1
i *a \o \ \o to
6 6 ' 6 o
!
IO
6
i
i
li
S
6
S
i
a
1 ? ? iff
' O
8
6
R-gS
a^
i
m
0?
8
6
0)
1
2
a
i ! ! is 1
Sj
"S^CN
i
9
i
8
. .
Co^
8 * Tf c* 7* o -^ 91
ssP
C o ^
'N
8
N
a
a
o op o o
i ^< i * *f i ^< ~?<
S 8
i
1
8
s ,
1 6 '66 '06
6 6
o
6 1
6
a
8
a
1 IS ,58 3 IS
6 ! 66 6 6
6 -go
1
I
1
Ip
P
n|
a
a o * t
3.2
S
a
1 6 1 60 '06
8 23
6 ^^
i
i p!
|
o
PI
n|
a
a
a
a
O O IS >ft O O iQ 5
O H C^rHO Cir-lr-!
S 1-1 b.
^ J
g
2S
/- 'f- ?
#
^ ,
i^
*
1
"to *
_
TTIT^ j ji i
a
!
: :
'ISlUlsii
& ^ fl6
1 1*3 l 1 ala
13 |3 3 1| ? |
! 1 ! 11 s l|1 1 ^il
it |t it i- 1^5 m t
> Sj>. s . -o m ci .M c^^ . .
a gm e- S &--s ^-a ^
> O O " "C 4> 9 - i;
L & South "Western June. Ry.
i Ry. Co.
1
c n. (Coal for Shipment) ...
e m. (Ditto, Blyth & Tyne S
ondon Ry. Co
alTordshire Ry. Co
IIv. Co.
MITE!)
e H. (Special Lines)
e Ry. Co. &c.
e I. (Special Lines, coal only]
e II. (Alexandra)
e III. (General)
1 gl g-3 ^5-^5 s-sl 1
30Q rcjQQ ^CQ r3 gOCOQOQ J C M ^
- _
: I*
i
1
H
1
X
1
L A
3
s j 1 a
GC 02 OQ
-5 i-^ ^ h3 S 3 &
!^
fc
fc
<g
EH
456
APPENDIX B.
ENGLISH BAIL
SYNOPSIS OF MAXIMUM
RAILWAY COMPANY.
Class 1.
Station Terminal, Is. Gd.
Class 2.
Station Terminal, Is. 6^.
First
20
Miles.
Next
30
Miles.
Next
50
Maes.
Remainder of
Distance.
First
20
Miles.
Next
30
Miles.
Next
60
Miles.
iiider of
I>ist:mcc.
Abbotsbury Ry. Co. &o.
1. ('ormvallMinerals&Princeto'wn)
!' II. (General)
D er ton
per
mile.
d.
2-50
2-20
2'20
2-25
2-20
2-25
*4'15
2-20
*3'00
*2'50
2-25
*2'40
first 10m
2-20
first 20m
2-20
*2'25
2-20
2'20
2-20
2'25
2-25
2'20
2-50
2-20
2-70
2'20
2-25
2-20
Per ton
per
mile.
d.
1-85
1-85
1-90
1-85
1-85
1-85
1-85
1-90
1-90
1-85
i-sr,
1-86
1-90
1'85
Per ton
per
mile.
d.
1'40
1-40
1-65
1-40
1-40
1-40
1-65
1-65
1-40
1-40
1-40
1-66
1-40
Per ton
per
mile.
d.
175
i-oo
i-oo
1-35
1-85
1-90
1-85
= !
1-40
i-oo
1-00
1-00
1-35
1-35
i-oo
1-00
1-00
1*86
1-00
Per ton
per
mile.
d.
2-75
2-65
2-65
2-75
2-65
2-75
*4'30
2-65
*3'25
*2'75
*2'75
first 10m
2-65
first 20m
2-65
*2'75
2-65
2'65
2-65
2-75
275
2-65
2-75
2-65
3-00
2-65
2-75
2-65
Per ton
per
mile.
d.
2'30
2-30
2-35
2-30
2'30
2-30
2-30
2-35
2-35
2-30
2-30
2-30
2'35
2-30
Per ton
per
mile.
d.
1-80
1-80
2-05
1'80
1-80
1-80
2-06
2-05
1-80
1-80
1-80
2-05
i-so
Per ton
per
mile.
d.
2-35
1-50
1-50
1-65
2-30
2'35
2-30
1-70
1-50
1-50
1'50
1-65
1-65 ;
1-50
1-60
1-50
1-65
1-50
Brecon & Merthyr By. Co &c.
Cambrian Ry. Co
Cleator & Workington June. Ry. Co. &c.
Scale I
le 11. (Tockermouth, &c. Co.)
Scale III. (Oorris)
Scale IV. (Severn & Wye)
Scale V. (Southwold)
East London Ry. Co.
Scale I
Scale II. (Hounslow & Met ) . ...
Festiniog Rv Co &c
Furness Ry. Co. ..
Great Eastern Ry. Co
Great Northern Ry. Co
Great Western Ry. Co
Hull, Barnsley & W. Riding June. Ry. Co. /
Isle of Wight Ry Co &c.
Lancashire & Yorkshire Ry. Co.
Scale I. (General)
Scale II. (Preston and Longridge)
London & North Western Ry. Co
London & South Western Ry. Co.
London, Brighton & South Coast Ry. Co.... '
London, Chatham & Dover Ry. Co
London, Tilbury & SouthendRy. Co. &c....
Manchester, Sheffield & Line. Ry. Co
Metropolitan i;\ . d.. &c.
Scale EL. (General) ... \
Midland Rail. Co
Midland & South Western June. Ry. Co. &c.
North Eastern Ry. Co. ... '
North London Ry. Co
North Staffordshire Ry Co
South Eastern Ry Co... .
Taff Tale Ry. Co. &c
* This rate per ton per mile applies for all
SYNOPSIS OF MAXIMUM RATES.
457
'AYS continued.
4.TEI
? (
Masses 1, 2, 3, 4, ami .">.
Class 3.
Class 4.
Class 5.
Station T. rininal. lv. 6d.
Station Terminal, Is. 6d.
Station Terminal, Is. 6d.
g
"8
g
S gj
Is
firsi
Next
Pint
Nt x(
"0 o
I-iist
Next
Next
B B
20
30
50
20
8U
50
'5 .5
M
80
33
lilee.
Miles.
Miles.
IB
Miles.
Miles.
Miles.
Ja
Miles.
Miles.
Miles.
IB
>r ion
Per ton
Per
Per
Per ton
1'. r Idii
Per
Per
Per ton
Per ton
Per
Per
per
mile.
mite.
ton
>erm.
ton
H'l-lll.
per
mile.
per
mile.
tOD
term.
ton
perm.
per
mik'.
MT
mile.
1(171
perm.
ton
>erm.
sio
d.
2'65
d.
2-00
d.
i-80
L-80
3-75
3-60
3-15
2-50
3-35
220
4-80
4-30
3-70
3'25
i/.
390
2'50
Abbotsbury Ry. Co.
&c.
B'lO
2-65
2-00
1'80
3-60
3-15
2-50
2-20
4-30
3-70
3-25
2-50
Brecon & Merthyr
Ry. Co. &c.
3-10
2-80
250
no
3-75
3'35
3-15
2'50
4-30
3-90
3-80
3-00
Cambrian Ry. Co.
3-10
3-10
-
-
2-65
8-80
3'6
3-75
-
-
3-15
3-35
4-30
4-30
-
-
3-70
3-90
Cleator & Working-
ton June. Ry. Co.
*4'45
*4'60
*5'00
&c.
3-10
2-65
3-60
315
4-30
3-70
3-50
4-00
*5'00
3-10
-
-
3-75
-
-
-
*4'30
-
-
-
East London Ry. Co.
3'10
-
-
3-10
-
-
-
3'10
-
-
-
FestiniogRy.,Co.&c.
ret 10m
first ICm
first 10m
3-10
2-65
1-75
3'60
3-15
2-20
4-30
3'70
3-25
Furness Ry. Co.
Great Eastern Ry.
Co.
ot 20m
first 20m
first 20m
Great NorthernRy.
Co.
3-10
2'65
2-00
1-80
3-6U
3-15
2-50
2-20
4-30
3-70
3-25
2-50
Great Western Ry.
Co.
Hull, Barnsley &
W. Riding Ry.
*3'10
_
_
3-75
*4'30
Isle of Wight Ry.
Co. &c.
3-10
2-65
2-00
1-80
3-60
3-15
2-50
2-20
4-30
3-70
3-25
2'50
Lane. & York. Rail.
3'10
*3'60
4-30
Co.
3-10
2-65
200
rso
3-60
3'15
2-50
2-20
4-30
3-70
3-25
2'50
London & North
Western Rv. Co.
3-10
2-80
2-50
2-10
3'75
3-35
3-15
2-50
4-30
3-90
3-80
3'CO
L. &S. W. Ry. Co.
{London, Brighton
\ S. Coa^t Ry.
: 3-10
2-80
2-50
2-10
3-75
3-35
3-15
2-50
4-30
3-90
3-80
2-90
Loi.don, Chatham
& Dover Ry. Co.
( London, Tilbury
1 3-10
2-65
2-00
1-80
3-60
315
2-50
2-20
4-30
3-70
3-25
250
& Southend.
(Manchester, Shef.
& Linroln.
3-10
3-75
*4'30
Metropo., Sea lei.
f do. Scale H.
J Midland Ry. Co.
3-10
2-65
2-00
1-80
3-60
3-15
2-60
2'20
4-30
3-70
3-25
2-50
I Midland & S. W.
t North Eastern.
3-25
*3'75
*4"30
North London.
; 3'10
2-65
200
1-80
3-60
3-15
2-50
2-20
4-30
3-70
3-25
2-50
North Staffordshire.
3-10
2-80
2'50
2-10
3-75
3-35
3-15
2-50
4-30
3'90
3-80
2-90
South Eastern.
3-10
2-65
2-00 1-80
3-60
3-15
2 50
2'20
4-30
3-70
3-25
2-50
Taff Vale.
iances on the line to which it is applicable.
458
APPENDIX B.
O'
^
c
e
^
H
I
1
s
^^
Per ton
per mile.
is, -
(3 O
!!
Per
per
21 "
*& "
!i
*&
8
1
.2
id
^^
jt-j
^
Class 5.
Station Terminal, Is. 6(1.
aOUBJSlQ
jo"
japuretnag
ya S .8
**%, ^
S3UK OS
?N
|g -i
A
SOUK 08
pra
Hi 4
&
sauK oz
*s-"J
Hi 4
Class 4.
Station Terminal, 1.9. 6^.
aoirejsiG
jo
japuremag;
ii i *?
sairfl[ OS
^xex
ui --
saint 08
!}X8X
Mjj-g
saUK OS
s-J
nH
Class 3.
Station Terminal, Is. Gd.
90tra}SI(I
JO
japtnuma'a;
III *%
sanK 09
:jxa.K
111 ^i
a
sanw 08
IXGX
* a a .s
2-Ss "^^
sairpj[ 02
^JtJ
P d a <=>
M| -S
Class 2.
Station Terminal, Is. 6d.
OJU1USIQ
JO
J3pup:uio>x
l^
sauw 09
;*''X
ll| ^i
sanK 08
^xax
ll| *g
saiTK 03
3"U[
US -s
PI
Class 1.
Station Terminal, Is. 6<l.
MJUl:}SI(J
JO
japurema^j
II | --2
83UH09
*K
ll| .!
SOHH 08
|Ji
II | -1
sonHOS
^KI
II | -i
RAILWAY COMPANY.
1-3
14
ta
J>>
M
<J
^Y.NOPSIS OF MAXIMUM H LTES,
459
j! ?! &
s r I"
!
i
s s
III?
I
i a a
IS 8g 2
i^ 13^ x^
03 H
3 I
s S
* 6
I
fl<8
fl * 8
*& *
I I
8 8
rS
a -
i S 1
^ 8
8 S
1 1
Is
-gin C
6 6
'I I I i g i
gin
I I ||| I ~g g
Bd
tfl
IQQU3 S OiO
i * S i -B 3 8 ro o i_ ^, g
'^-IH I i BeN rl _rH ^ ^
^g^5 ,
^^c^ I
i i
&1&S-
fij
!lll a I
o o o
a
a "
a ^
<
" S M - JH >,
i ^ 5 j
i ii 1 1
w ^
460
APPENDIX B.
! ijllj
f-i 5 T?
Is l ^ 1
S _ C 'S 6l|> *. ~
go r |, a-a
i
H
jo
i
8
I I I
Hi
A
III
I I
^ S 1
S 1
P
co
H
S
J
1
W
W
o
OQ
w -a
JO
2 8
eo -
w =
o> -S
jo
II
8 8
i 1
s !
JO
- S
WUJC08
S 8 3
*. f
! i
9 ! > H
i F * I I I
^i!i I |5 I
- 3 ! 1 I I J,
M L * 9 -- ^J -4^* ^*^ -iJhHi^"
.Hr^ ^ 5 s S = -
" 1 I t i^ I \
o 6 6 S 6 S fc
A
^In
1 2;l|
& =c?'
r- C >>"
i \r.i K OP ALLOWANCES,
461
TABLE showing ivhere Companies are allowed to charge as for
Distances other than the actual Mileage.
ENGLISH RAILWAYS.
1.
Railway Company
empowered to charge.
2.
Portion of Railway in respect of which Company
is authorized to charge the Mileage appear-
ing in Columns 3 and 4.
3.
Miles.
4.
Chains.
Br^pon fr IVfeHhyr Tydfil
17
60
Junction.
2
70
7
40
Cambrian
3
11
East London
East London Railway for Classes A., B., & C.
7
,, ,, for other merchandise .
8
Furness . . .
Mirehouse Junction and Whitehaven Docks
4
for traffic to and from the docks.
Mirehouse Junction and Bransty Station, in-
2
40
Great "Western
cluding Lonsdale works, for Classes A. & B.
Severn Tunnel
12
Lancashire & Yorkshire . .
London & North "Western
Extended line authorized by Manchester
and Leeds Railway Act, 1839, and line
connecting it with L. & Y. Ry. Co.'s main
line, or any part thereof.
2
9
40
London , Chatham & Dover
j>
>
Junction Railway authorized by Stockport,
Disley, and "Whaley Bridge Railway Act,
1855.
Sirhowy Railway (Class A. traffic conveyed
less than 4 miles).
City Lines Undertaking (West Street June,
to EarJ Street).
Victoria and Pimlico Railway (authorized by
Act of 1853).
Metropolitan Extension Line (Earl Street to
"Wai worth Road).
4
2
6
6
60
40
NOTE. 1 mile=80 chains=1760 yards.
462
APPENDIX B.
1.
Eailway Company
empowered to charge.
2.
Portion of Eailway in respect of which Company
is authorized to charge the Mileage appear-
ing in Columns 3 and 4.
3.
Maes.
4.
Chains.
London, Chatham & Dover
Wandsworth Road to junction with Victoria
6
and Pimlico Railway.
Ludlow & Glee Hill
Each of the two inclined planes less than
Id. p
3r ton.
(See Abbotsbury Sched.)
1 in 28.
MUes.
Chains.
Manchester, Sheffield &
1
Lincoln.
,, ,, (Other traffic)
40
, , j >
Ordsall Lane and London Road (Manchester
3
South Junction and Altrincham Railway),
or any part thereof.
Inner Circle, Mansion House to"\
South Kensington, including
**
junction to Bishop's Road.
Minories Junction to White-
chapel, 'and junction with Met.
Dist. Ry. Co.' s Whitechapel
For \
distances f
under [
6
Spur.
2 miles )
North Curve junction line near
Aldgate.
Junction line with G. E. Ry. at
v For
' distances
Bishopsgate.
over
2 miles,
Moorgate Street Station to junc-
for every
Q
o
tions with G. N. Ry. and Mid.
mile or
O
Ry. at King's Cross, and
L. C. & D. Ry. at West Street
fraction
thereof,
as for
and Snow Hill.
Junction line with St. John's
Wood at Baker Street.
Baker Street Station to , For distances under J
Kingsbury, Neasden 3 miles as for {
6
Station. f For ^stances over"!
Hammersmith and City J^^ ^ ^^itfon (
2
Railway. ' thereof as for )
Metropolitan District ....
(toe East London
Schedule.)
City Lines and Extensions
Aldgate to Mansion House v
Station.
Minories Junction to White-
For
distances (
under (
2 miles as )
6
chapel Junction.
Junction near St. Mary's Cray
For "
distances
to Whitechapel (Mile End).
Inner Circle, Mansion House
} over
/ 2 miles,
to High Street, Kensington.
for every
mile or
3
Hammersmith Station to junc-
part
tion with L. & S. W. Rv.
thereof,
at Sutlimd Koad.
as for
NOTE.-- 1 mile 80 chains 1760 yards.
TAIH.K OF ALLOWANCES.
463
1.
Kail way Company
empowered to charge.
2.
Portion of Railway in respect of which Company
is authorized to charge the Mileage appear-
ing in Columns 3 and 4.
3.
Miles.
4.
Chains.
Metropolitan District ....
(Sec East London
Schedule.)
>
" A " Box, High Street, Ken-
sington, to junction near Ad-
dison Road.
"B" Box, Gloucester Road, to
junction at West Brompton
Station.
Junction at Earl's Court to
Hammersmith Station.
West Brompton Station to junc-
tion near Putney Bridge. /
High Level Bridge over River Ti
castle.
Bridge over River Tyne at Scotsw
Shildon Tunnel
For
distances 1
under I
3 miles as /
For dis-
tances over
8 miles,
for every
mile or
part
thereof,
as for
Tie at New-
ood
6
2
3
3
1
Adista
to th
of the
plane
added
4
6
9
4
3
40
20
oce equal
3 length
inclined
to be
20
20
Yards.
1196
Any inclined plane not worked by an ordi-
nary locomotive.
Mr. Sneyd's Railway from New North Staf-
fordshire Coal and Iron Company's pri-
vate line to junction with main line at
Chatterly.
On the Bryngwyn branch (for traffic in com-
pany's waggons) to and from the slate
quarries.
On main line between Glenrafon siding and
Dinas for traffic in owners' waggons.
Rhondda Tunnel
North Staffordshire
In respect of traffic to
and from New North
Staffordshire Coal
and Iron Company's
works.
N. "Wales Narrow Gauge. .
(See Festiniog, &c.
Schedule.)
Rhondda & Swansea Bay
(See Taff Vale Schedule.)
Severn & Wye & Severn
Bridge. (See Cleator &
Workington Schedule.)
Severn Bridge
IRISH RAILWAYS.
Great Northern of Ireland
(see Athenry and Ennia
Schedule).
n
)
Railways authorized by Belfast Central Acts,
1864 to 1877, a fixed charge in addition to
those mentioned in the Schedule, as for ....
City of Dublin Junction Railway, to be cal-
6
8
NOTE. 1 mile=SO chuins=1760 yards.
464
APPENDIX B.
SCOTCH RAILWAYS.
i.
Railway Company
empowered to charge.
2.
Portion of Railway in respect of which Company
is authorized to charge the Mileage appear-
ing in Columns 3 and 4.
3.
Miles.
Caledonian
North British
Bridge over River Forth at Alloa
For the purposes of Scale IV.
Between Edinburgh and Glasgow . ,
Leith \
or [ and Glasgow
Granton )
Tay Viaduct
Forth Bridge Railway for traffic between
stations south of Tay and places 25 miles
south and east and 45 miles west of Ratho
Junction.
Forth Bridge Railway for all other traffic . .
Glasgow Tunnel incline
Thrush Bush incline , ,
Ballochney incline
Causeway End incline
On Carlisle Extension between Langholm
and Ha wick.
For the purposes of Scale IV.
Between Edinburgh and Glasgow . .
( Leith
or } and Glasgow
( Granton
42
45
23
NOTE. 1 mile=80 chains=1760 yards.
APPENDIX C.
BEING
CERTAIN PROVISIONS OF PRIVATE ACTS OF SCOTCH
RAILWAY COMPANIES
EXPEESSLY PBESEEVED
IN THE FOKEGOING SCHEDULES.
Sect. 49 of the Caledonian fy Scottish Central Rail-
ivays Amalgamation Act, 1865 (28 <$r 29 Viet,
c. cclxxxvii) (a).
" The company shall from time to time when required by
notice in writing by the magistrates of the cities of Edinburgh,
Glasgow, or Perth, or of the royal burghs of Stirling or
Dundee, as the case may be, or by the commissioners or board
of police of the said cities or royal burghs respectively, or by
the inspectors of any such commissioners or board, provide,
within 24 hours after service of such notice, at their dung or
manure siding at North Merchiston in Edinburgh, or Gashet-
faulds, Saint Rollox, or Bridgeton in Glasgow, or at their
station in Perth, or in Stirling, or in Dundee, as may be re-
quired in such notice, a sufficient number of trucks to receive
any quantity of dung or manure belonging to the said magis-
trates, or commissioners, or board of police, not being less
than 25 tons, which shall be specified in the said notice, and
shall convey such dung or manure to any other station on the
railways belonging to the company, not being less than three
(a) Referred to p. 348.
D. H H
466 APPENDIX 0.
miles distant, or to any station beyond the said distance on any
other railway directly communicating with those railways, which
may be leased or worked by the company, upon payment of
I \ (1. per ton per mile for distances under six miles, and of 1 d.
per ton per mile for distances of 'six miles or upwards : pro-
vided that the said magistrates, or commissioners, or the
said board of police, shall provide persons to perform the
duty of loading and unloading the said trucks, and shall, in
case the said trucks are detained at either station for a longer
period than 24 hours, pay demurrage at the rate of 6cL per
truck for each day, or part of a day, thereafter."
Sect. 53 of the Caledonian fy Glasgow and South
Western Railways (Kilmarnock Joint Line) Act,
1869 (32 # 33 Viet. c. xcviii
" From and after the passing of this Act, the two companies,
or either of them, notwithstanding anything in this Act con-
tained, shall only be entitled to charge for the conveyance of
city manure, as denned in the Glasgow Police Act, 1862 (c),
on the joint line, the tolls, rates, and charges following, that
is to say, a sum not exceeding %d. per ton per mile, and if
conveyed in waggons belonging to, or provided by, the two
companies, or either of them, an additional sum of Id. per ton
per mile : provided always, that for a less distance than 12
(b) Referred to p. 348.
(c) In sect. 355 of the Glasgow Police Act, 1862 (25 & 26 Viet. c. cciv),
city manure is ("Mined as meaning:
" With tin' exception of liorse, cow, and swine dung, and of the refuse
of public slaughter-Lous. >, mid of breweries, tan works and chemical
works, and of the ashes of any kiln, engine, or furnace, all the dung,
ful/ie, soil. dirt, ashes, iilth, and refuse made or found within the city,
elsewhere than on any quay or other street, of which the solum belongs
to the Clyde Navigation."
SCOTCH RAILWAY ACTS. 467
miles the charge shall be as for 1 2 miles, and that the two com-
ptinies, or either of them, shall not be bound to convey the said
manure except in train loads of not less than 15 waggons."
Sect. 41 of the Caledonian Railway (Further Powers)
Act, 1862 (45 Viet. c.
" From and after the passing of this Act, notwithstanding
anything in any Act relating to the company, the company
shall not be entitled to demand higher tolls and charges than
%d. per ton per mile for the conveyance in waggons belonging
to, or provided by, the magistrates and council of Glasgow,
from any of the manure sidings in or near the city of Glas-
gow, or from any siding in connexion with any storing yard
outside the said city, which is at the time used exclusively by
the said magistrates and council, upon any portion of the com-
pany's railways, or upon any portion of those railways and of
any other railways directly communicating therewith, which
may be leased by the company, of city manure as denned in
the Glasgow Police Act, 1866, or any other manure collected
and dealt with by any department of the said magistrates and
council, or removed from markets, slaughter-houses, stables,
or other similar premises belonging to or occupied exclusively
by them. Provided nevertheless, that if such manure be
conveyed for a less distance than 12 miles, the company may
charge as for 1 2 miles : provided also, that the company shall
not be required to convey such manure at the said rate in
quantities of less than 25 tons at a time."
(d) Referred to p. 348.
HH 2
468
APPENDIX C.
Sect. 43 of the Glasgow fy South Western Railway
(KilmarnocJc Direct) Act, 1865 (e).
" From and after the passing of this Act the company shall,
notwithstanding anything in any of the Acts relating to the
company, be entitled to demand and charge for the conveyance
of city manure as defined in the Glasgow Police Act, 1862 (/),
on all or any portion of their railways, only the tolls, rates,
and charges following, that is to say, a sum not exceeding ^d.
per ton per mile, and if conveyed in waggons belonging to
the company an additional charge of Id. per ton per mile :
provided always, that for a less distance than 12 miles the
charge shall be as for 1 2 miles, and the company shall not be
bound to convey the said manure except in train loads of not
less than 15 waggons."
Sect. 54 of the North British Railway Consolidation
Act, 1858 (21 $ 22 Viet. c. cix) (g).
Requires the company to provide a piece of ground between
18 ft. and 200 ft. from the north-east corner of the Edinburgh
and Leith Gaslight Company's works for the deposit of refuse,
and from time to time to remove the refuse therefrom ; but if
they erect a loading bank within the same distance, the Gas-
light Company are to empty the refuse into the trucks when
empty trucks are in waiting.
Sect. 55 deals with the distance the company's line is to be
from the walls of the Gaslight Company's works, and requires
the company to alter the existing siding of the Gaslight Com-
pany " so that the same may be continued and fitted to the
lino of rails to be used under this Act," and also to make
compensation to the Commissioners for the Harbour and Dock
of Leith for such part of the aforesaid space as does not
belong to the company.
(e) Referred to p. 358.
(/) See note (c), p. 466.
(ff) Referred to p. 361.
SCOTCH RAILWAY ACTS. 469
The North British Railway Consolidation Act, 1858
(21 $ 22 Viet. c. cix), s. 76 (h).
" Provided always, that the company shall from time to
time, when required by the magistrates and council of the
city of Edinburgh, or their clerk or inspector, provide within
24 hours thereafter, at the St. Margaret's Manure Station on
the railway, a sufficient number of trucks to receive any
quantity of dung or manure belonging to the said magistrates
and council, not being less than 25 tons, which shall be speci-
fied in the said notice, and shall convey such dung to any
other station on the railway, not being less than three miles
distant, or to any station beyond the said distance on a railway
directly communicating therewith, and leased or worked by
them, on the payment of \^d. per ton per mile for distances
under six miles, and of Id. per ton per mile for distances of
six miles or upwards : provided the said magistrates and
council shall provide persons to perform the duty of loading
and unloading the said trucks, and shall, in case the said
trucks are detained at either station for a longer period than
24 hours, pay demurrage at the rate of Gd. per truck for each
day or part of a day thereafter."
Sect. 43 of the Edinburgh fy Glasgow Railway (Coat-
bridge Branch) Act, 1865 (28 29 Viet,
c. cccxxviii) (i).
11 From and after the passing of this Act the company shall,
notwithstanding anything in any of the Acts relating to the
company, be entitled to demand and charge for the conveyance
(h) Referred to p. 361.
(t) Referred to p. 361.
470 APPENDIX C.
of city manure as defined in the Glasgow Police Act, 1862 (j),
on all or any portion of their railways, only the tolls, rates,
and charges following, that is to say, a sum not exceeding %d.
per ton per mile, and if conveyed in waggons belonging to the
company an additional sum of Id. per ton per mile : provided
that for a less distance than 12 miles the charge shall be as
for 12 miles, and that the company shall not be bound to
convey such manure except in train loads of not less than 15
waggons."
(/) See note (c), p. 466.
APPENDIX D.
SOME OF THE MORE IMPORTANT CONVEYANCE RATES
WORKED OUT
FOE DISTANCES UP TO 200 MILES.
In consequence of the complexity of many of the conveyance
rates (many of them requiring four separate sums in multipli-
cation, and one in addition), it has been thought desirable to
give the more important rates worked out, so that the convey-
ance rate for any distance up to 200 miles may be ascertained
at a glance.
In the following tables the more important rates in the
various classes will be found arranged in order of magnitude.
In selecting the rates to be worked out only the more com-
plex have been chosen, and so all rates which are the same
for all distances, and only require a single process of multipli-
cation in order to ascertain them have been omitted.
The figures opposite the mileage distances give the convey-
ance rates only, so that all terminals and special charges, such
as charges for collection and delivery, &c., must be added to
them in order to arrive at the gross maximum chargeable.
472
APPENDIX D.
Class A.
"S
s
-
1
1
I a
> fl
I
2 g
OOOOCOO
--
COO
CCl-l-
23
f
s o
O 1-1 <M CO rj<
473
p i<NCOTj<lOCOt--OOCSO' IC^CO-^iCOt^COOiOi 'COCOTf'OCOt^OOOiO
S3?2giSS2giS22gg=:2gi8S2gg8S2g
8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. ^8.8.8
s* I '1 1 1 1 1 !
i ic<iooTtiioot^aooo "C^cc -^ IT ^t--ooo5O' '
474
APPENDIX D;
Class A. 1
CO
* s
CD O
Cj -g
I
CD _
r^ ^H lOkOtOOiOiOiOiOiOOCOCOOCOOOO^-OtN.
I
* d oooooooooooocooooc
r-J CiC^r-^OOC-Ot-rHOClCOt-r-tOCSCOt^
i g ,
: t- ii
g ^ S O
^ 2 II s I
o a .a a
-f3
"* M
<^> <D
1 fl
3
ill!
^ ,20
1
^ "i
d .H ^ H
^ " g
I
rH
^^ 03^
^ r^
"1 ^
s: o
^ ~
!:
I o
pq S C*
CO H
i 1
20..1-00<f. eatf 30..0'86rf. *rf 50..0-5(W.
475
00 00 00 GO GO GO GO GO 00 GO GO CO 00 GO 00 QO 00 GO GO 00 00 GO
i lC^eO"*<vQCOt^OOCi
476
APPENDIX D.
Class A.
S cceeccccccscoe. e c c c
-r- . o cc i~ ^* o o> r- - n o rt i~ .-H 10 c: co i !- o
G^OOCiCSOOOi ii (OOOi ii-HC^cf^OlCOCO 1 ^^
> ft as-
5 S
II
3 O
oooooooooocoocoooooooooe
10 10 >0 10 iO 10 10
> PiCc'cOCOCDCOCOCOCOCDCOCOCDCOCOCOCDCDCDCOO
o y
o
II 1 s s s s = s :
x d i icqec-^ivocot^oooiO' ICNCO^IOOI^QC
OOOOOOOOO^Hr-I^H^H^H^H^r-(^-Cr-,.N
ioo>o>o>oo>ooioo>ae>oc!
cr-^DOoa>-*oocor-NOr-io
!|
Si
I s
*J
lOiOCOCOCOCOCOCOCOCOO-l-
1
h e^ H< ^w^iocbc6jo
K
.00 000000000
rate
es a
J| fl .... s . 8 . e . aSSSSS . 8S
w
i-< (N CO ^ 3 CO
20.. 1-15(1. ne*t 30..0'90r/. next 50..0-45rf.
477
QOOOGOOOGOCOGOCOOOOOOOQOGOGOCOQOGOO5O5OSO5O^OSO5O1OJO5O>O>
c^i c^i c^ c*3 c^ c^ C">i c^i co co co co co co co co co co ^ -^ ^ -^ ^i Tt< ^ TJ< -^ -^ 10
t^ t^ t- t^- t^- t~^ t^- t* GO GO GO GO CO GO GO GO GO GO O3 O Oi O^ O C^ Ci O O C5 O
i I
occ = coop 229202330 ___.
478
APPENDIX D.
Class A,
^" co
!
to GO -
;g g
o
"<
rg =3 S tOiOlOOiOlOkOOODOOOOtDOOCDC;
I
-I S
y^SvOoioil^^-t OOODOOG5CiG5OOOi 1> <O
S 4 8
> p^oicocoootoeococoocDcoco^coocotooOb-
f! I i ! I ! i i ! ! i I i I ; i i i i 1 1
^ b :
1 jj
^H C*l CO ^ *O O 1>- QO O O *-* C3 CO ^ ^O O t^ OO O O
8g OOOOOOOOOr-H^-.^-.^H^r-.^r-,.
o
Qi
.1Sgg.5S8g.Sggg.Sff
^^sa>ooo^-i^-i^-"OO^-i^H^Hcqc<iwco'r
.o '^"*rJ<^^^'*lO'OU53vCU5iQ0 1 7'?0
Q d
1 1 n
-I o
*> ^-t(MCO-*iO>t^OOC5Or-((NCO-*iOCOt^CCC
W3tOO>OOU330vCiOiieOOO3<D3 r -;
. I
P *"^
K^; Q
55> lO
^ .
1-1
^ r
I i
A**
2Q..l'5Qd.next M..O-9(K next 50..0'40r/.
479
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APPENDIX D.
Class JL
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APPENDIX D.
Class B.
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\frst 20..2'2o(!.)ic.rt 30..1-0(W. next 50..1-65rf. rest l-35 503
F-H l-H t I i-H
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504
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APPENDIX D.
Class 2
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'rst 20..2-65fA next 30..2'3(U w^ 50..1-8Q& m* l'50rf. 505
1888888888888
o.-<<Mco''*<'Ocot^Goa>o icNco^iracoi oooo
GO OO OO OO OO OO OO 00 OO GO G5 Oi OV C5 O^ O^ O O Oi O^ O
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506
APPENDIX D.
Class c *
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I
508
APPENDIX D.
Class 3|
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Class 3
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APPENDIX D.
Class
1
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first 20..3-60rf. ;w/ 30..3'15r/. ;//.// 50..2-50^. rc*t 2-20(7. 513
eo co oo oo Q oo OQ oo eo co co co co
(N
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OQ OO CO 09
C 34 C9 C4 C4 G4 OO OQ OO CO 09 CO OO CO OO CO
GO GO CO GO GO GO GO CO GO GO O Gi O C75 Oi O> Oi O O
L L
APPENDIX D.
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616
APPENDIX D.
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APPENDIX D.
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APPENDIX D.
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520
INDEX OF RAILWAYS.
Alphabetical List of Railways, with reference to the
Schedule of Rates ly ivhich each Railway is governed.
ENGLISH BAILWAYS.*
ABBOTSBURY Ry. Co. (lines leased to or -worked by G-. W. Ry. Co.) :
schedule, p. 217.
ABERDARE Ry. Co. : governed by the Taff Vale Order, p. 322.
ABINODON Ry. Co. (railways leased to or -worked by G. W. Ry. Co.) :
included in Abbotsbury Ry. Co.'s Order, p. 217.
ALEXANDRA (Newport and South Wales) Docks and Ry. Co. : included in
Taff Vale Order, p. 322.
ANQERSTEIN'S Branch Ry. Co., in respect of the Angerstein's Branch
Railway : governed by S. E. Ry. Co.'s schedule, p. 318.
ASH to Aldershot Town Railway ) governed by S. E. Ry. Co.'s schedule,
ASH to Shalford Railway p. 318.
ASHLEY to Nuneaton Joint Railway : governed by Mid. Ry. Co.'s
schedule, p. 301.
BALA & Festiniog Ry. Co. (railways leased to or worked by G. W. Ry.
Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
B ANBURY & Cheltenham Direct Ry. Co. (railways leased to or worked by
G. W. Ry. Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
BARNOLDSWICK Ry. Co., in respect of the Barnoldswick Railway: governed
by Mid. Ry. Co.'s schedule, p. 301.
BARRINOTON Road Junction to Cow Lane Junction (L. B. & S. C. Ry.
Co.) : governed by L. C. & D. Ry. Co.'s schedule p. 285.
*For Scotch Railways see post, p. 545.
All the Irish Railways are governed by the same Schedule : for these
see ante, p. 327.
D. M M
530 INDEX OF RAILWAYS.
BARRY Ry. Co. : included in Taff Vale Order, p. 322.
BECKTON Branch Railway (Gaslight & Coke Co.) : governed by G. E. Ry.
Co.'s schedule, p. 246.
BIRKENHEAD Railway (a. "W. Ry. Co.) : governed by L. & N. W. Ry.
Co.'s schedule, p. 267.
BISHOP'S Castle Ry. Co. : included in Cambrian Ry. Co.'s Order, p. 227.
BO-PEEP & Hastings Railway (S. E. Ry. Co.) : governed by L. B. & S. C.
Ry. Co.'s schedule, p. 281.
BOURN & Lynn Railway and Spalding Junctions (G. N. Ry. Co.):
governed by Mid. Ry. Co.'s schedule, p. 301.
BRADING Harbour Improvement Ry. and Works Co. : included in Isle of
Wight Ry. Co.'s Order, p. 263.
BRECON & Merthyr Tydfil Junction Ry. Co.'s schedule, p. 223.
BRECON & Merthyr Tydfil Junction Ry. Co., in respect of the Dowlais &
Merthyr Railway : governed by L. & N. W. Ry. Co.'s schedule,
p. 267.
BRICKLAYERS' Arms Railway (S. E. Ry. Co.) : governed by L. B. & S. C.
Ry. Co.'s schedule, p. 281.
BRIDGWATER Ry. Co., in respect of the Bridgwater Railway : governed
by L. & S. W. Ry. Co.'s schedule, p. 277.
BRIDPORT Ry. Co. (railways leased to or worked by G-. W. Ry. Co.) :
included in Order of Abbotsbury Ry. Co., p. 217.
BRIGHTON & Dyke Ry. Co., in respect of the Brighton & Dyke Railway :
governed by L. B. & S. C. Ry. Co.'s schedule, p. 281.
BROMLEY & St. Mary Cray (Mid Kent Ry. Co.) : governed by L C. & D.
Ry. Co.'s schedule, p. 285.
BUCKFASTLEIGH, Totnes & South Devon Ry. Co. (railways leased to or
worked by G. W. Ry. Co.) : included in Abbotsbury Ry. Co.'s
Order, p. 217.
BUCKLAND Junction & Dover (L. C. & D. Ry. Co.) : governed by S. E.
Ry. Co.'s schedule, p. 318.
BUCKLEY Ry. Co. : included in Cambrian Ry. Co.'s Order, p. 227.
BUERY Port & Gwaendraeth Valley Ry. Co. : included in the London,
Tilbury & Southend Ry. Co.'s Order, p. 290.
CALNE Ry. Co. (railways leased to or worked by G. W. Ry. Co.) : in-
cluded in Order of Abbotsbury Ry. Co., p. 217.
CAMBRIAN Ry. Co.'s schedule, p. 227.
CANNOCK Chase & Wolverhampton Ry. Co., in respect of the Cannock
Chase & Wolverhampton Railway : governed by Mid. Ry. Co.'s
schedule, p. 301.
ENGLISH RAILWAYS. 53 L
CIIARNWOOD Forest Ry. Co., iii respect of the Charnwood Fore-
way : governed by L. & N. "W. Ry. Co.'s schedule, p. 267.
CHEADLE Railway: governed by North Staff. Ry. Co.'s schedule, p. 31/>.
CHESHIRE Lines Railways : governed by M. S. & L. Ry. Co.'s schedule,
p. 292.
CLARENCE & Hartlcpool Junction Ry. Co. : included in the North Eastern
Ry. Co.'s Order, p. 300.
CLEA.TOR & Workington Jn. Ry. Co.'s schedule, p. 229.
CLIFTON Extension Ry. Co. : owned, leased, and worked by Mid. Ry. Co.
and G. "W. Ry. Co., p. 301.
COCKERMOUTH, Keswick & Ponrith Ry. Co. : included in Cleator & "Work-
ington Ry. Co.'s Order, p. 229.
COLCHESTER, Stour Valley, Sudbury & Halstead Ry. Co., in respect of
the Colchester, Stour Valley, and Sudbury & Halstead Railway :
governed by G-. E. Ry. Co.'s schedule, p. 246.
COLNE Valley & Halstead Ry. Co. : included in the London, Tilbury &
Southend Ry. Co.'s Order, p. 290.
CORFE Mullen Junction Railway (Mid. Ry. Co. and L. & S. W. Ry.
Co.) : governed by L. & S. W. Ry. Co.'s schedule, p. 277.
CORNWALL Minerals Ry. Co. (railways leased to or worked by G. W. Ry.
Co.) : included in Abbotsbury Ry. Co.'s Order, p. 217.
CORRIS Ry. Co. : included in Cleator & "Workington Ry. Co.'s Order,
p. 229.
CORWEN & Bala Ry. Co. (railways leased to or worked by G. W. Ry.
Co.) : included in Abbotsbury Ry. Co., p. 217.
COULSDON & Redhill Railway (S. E. Ry. Co.) : governed by L. B. & S.
C. Ry. Co.'s schedule, p. 281.
COULSDON to a junction with Greenwich Railway (L. B. & S. C. Ry.
Co.) : governed by S. E. Ry. Co.'s schedule, p. 318.
CROYDON & Oxted Railway (S. E. Ry. Co.) : governed by L. B. & S. C.
Ry. Co.'s schedule, p. 281.
CRYSTAL Palace Line Junction and Crystal Palace Station (L. C. & D.
Ry. Co.) : governed by L. C. & D. Ry. Co.'s schedule, p. 285.
DEVON & Somerset Ry. Co. (railways leased to or worked by G. W. Ry.
Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
DIDCOT, Newbury, & Southampton Ry. Co. (railways leased to or worked
by G. W. Ry. Co.) : included in Abbotsbury Ry. Co.'s Order,
p. 217.
DOVER & Buckland Junction (L. C. & D. Ry. Co.) : governed by S. E.
Ry. Co.'s schedule, p. 285.
DOVER & Deal Railway (L. C. & D. Ry. Co. and S. E. .Ry. Co.) :
governed by S. E. Ry. Co.'s schedule, p. 318, and by the L. C. & D.
Ry. Co.'s schedule, p. 285.
M M2
532
INDEX OF RAILWAYS.
DOWLAIS & Merthyr Railway (Brecon & Merthyr Ry. Co.) :
L. & N. W. Ry. Co.'s schedule, p. 267.
DOWNHAM & Stoke Ferry Ry. Co., in respect of the Downham & Stoke
Ferry Railway : governed by G. E. Ry. Co.'s schedule, p. 246.
EAST & West India Dock Co., in respect of the London, Black wall,
& Tilbury Extension Railway : governed by G. E. Ry. Co.'s schedule,
p. 24 G.
EAST & West Junction Ry. Co. : included in the London, Tilbury, &
Southend Ry. Co.'s Order, p. 290.
EAST Lincolnshire Ry. Co., in respect of the East Lincolnshire Railway :
governed by G. N. Ry. Co.'s schedule, p. 249.
EAST London Ry. Co.'s schedule, p. 233.
EASTERN & Midlands Ry. Co. : included in the London, Tilbury, &
Southend Ry. Co.'s Order, p. 290.
ELHAM Valley Ry. Co. , in respect of the Elham Valley Railway : governed
by S. E. Ry. Co.'s schedule, p. 318.
ELY & Newmarket Ry. Co., in respect of the Ely & Newmarket Railway :
governed by G. E. Ry. Co.'s schedule, p. 246.
ELY & St. Ives Ry. Co., in respect of the Ely & St. Ives Railway :
governed by G. E. Ry. Co.'s schedule, p. 246.
ELY Valley Ry. Co. (leased or worked by G. W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
EPSOM & Leatherhead Ry. Co. (L. B. & S. C. Ry. Co.): governed by
L. & S. W. Ry. Co.'s schedule, p. 277.
EVESHAM, Redditch, & Stratford-on-Avon Ry. Co. : included in the
London, Tilbury, & Southend Ry. Co.'s schedule, p. 290.
EXMOUTH Docks & Ry. Co. : included in Cambrian Ry. Co., p. 227.
FELIXSTOWE Railway & Dock Co. : included in the London, Tilbury, &
Southend Ry. Co.'s schedule, p. 290.
FESTINIOG Ry. Co.'s schedule, p. 238.
FOHCETT Ry. Co. : included in North Eastern Ry. Co.'s Order, p. 306.
FRESHWATER, Yarmouth, & Newport Ry. Co. : included in the Isle of
Wight Ry. Co.'s Order, p. 263.
FURNESS Ry. Co.'s schedule, p. 242.
Joint Lines :
and London & North Western ,Ry. Co. Joint Railways: in-
cluded in Furness Ry. Co.'s Order, p. 242.
and Mid. Ry. Co.
Furness & Midland Joint Railways : governed by Mid.
Ry. Co.'s schedule, p. 301.
ENGLISH RA1 1. \Y.n-. 533
GABSTANQ & Knott End Ry. Co. : included in Order of Brecon & Merthyr
Ry. Co., p. 223.
GASLIGHT & Coke Co., in respect of the Beckton Branch Railway:
governed by G. E. Ry. Co.'s schedule, p. 246.
GOLDEN Valley Ry. Co. : included in Mid. & South Western Ry. Co.'s
Order, p. 304.
GOKSEDDA Junction & Portmadoc Ry. Co. : included in Festiniog Ry.
Co.'s Order, p. 238.
GREAT Marlow Ry. Co. (leased to or worked by G. W. Ry. Co.) : included
in Order of Abbotsbury Ry. Co., p 217.
GEEAT Northern Ry. Co.'s schedule, p. 249.
Joint Lines :
Great Northern Ry. Co. and Mid. Ry. Co.
in respect of the
Bourn & Lynn Railway and Spalding Junctions
Peterborough, Wisbeach, & Sutton Bridge Railway
Newark Curve
Little Bytham to Bourn
governed
by the Mid.
Ry. Co.'s
schedule,
p. 301.
Great Northern and Great Eastern Joint Committee, in respect of the
Great Northern & Great Eastern Joint Railway : governed by the
G. E. Ry. Co.'s schedule, p. 246.
Great Northern Ry. Co. and Lane. & York. Ry. Co. and North
Eastern Ry. Co., in respect of the Lofthouse & Methley Joint Line :
governed by G. N. Ry. Co.'s schedule, p. 249.
Great Northern Ry. Co. and Lane. & York. Ry. Co., in respect of
the joint railways from Halifax to Holmfield, and from Holbeck to
Leeds : governed by G. N. Ry. Co.'s schedule, p. 249.
Great Northern Ry. Co. and London & North Western Ry. Co., in
respect of the Nottinghamshire and Leicestershire Joint Lines :
governed by the G. N. Ry. Co.'s schedule, p. 249.
Great Northern Ry. Co., M. S. & L. Ry. Co., and Mid. Ry. Co., in
respect of the Cheshire Lines : governed by the M. S. & L. Ry.
Co.'s schedule, p. 292.
Great Northern Ry. Co., M. S. & L. Ry. Co., Mid. Ry. Co., and
South port & Cheshire Lines Extension Ry. Co., in respect of the
Southport & Cheshire Lines Extension Railway : governed by the
M. S. & L. Ry. Co.'s schedule, p. 29i>.
Great Northern Ry. Co. and M. S. & L. Ry. Co., in respect of the
West Riding & Grimsby Railway : governed by the M. S. & L.
Ry. Co.'s schedule, p. 292.
534 INDEX OF RAILWAYS.
*GEEAT Western By. Go's schedule, p. 254.
Joint Lines :
Great "Western By. Co., and L. & N. W. By. Co.
Birkenhead Bailway, including West v j governed by L. & N. W.
Kirby Lines By. Co.'s schedule,
Wrexham & Minera Bailway ) p. 267.
Great Western Bailway Co., and Metropolitan By. Co., in respect of
the Hammersmith & City Joint Bailway : governed by Met. By.
Co.'s schedule, p. 296.
Great Western By. Co. and Mid. By. Co.
Bristol Port Bailway "I governed by Mid. By.
Halesowen Bailway ) Go's schedule, p. 301.
Great Western By. Co. and Bhymney By. Co. Joint Bailways : in-
cluded in Taff Vale Order, p. 322.
Great Western By. Co. and Taff Vale By. Co. Joint Bailway : in-
cluded in Taff Vale Order, p. 322.
GWAENDEAETH Valley By. Co, : included in the London, Tilbury &
Southend By. Co.'s Order, p. 290.
HALESOWEN By. Co., in respect of the Halesowen Bailway: governed by
Mid. By. Co.'s schedule, p. 301.
HALIFAX High Level and North & South Junction By. Co., in respect of
the Halifax High Level andN. & S. Jn. Bailway : governed by G. N.
By. Co.'s schedule, p. 249.
HAMMEESMITH & City Bailway (G. W. By. Co. and Met. By. Co.) :
governed by Met. By. Co.'s schedule, p. 296.
HAEBOENE By. Co., in respect of the Harborne Bailway: governed by
L. & N. W. By. Co.'s schedule, p. 269.
HAYLINQ By. Co., in respect of the Hayling Bailway : governed by L B.
& S. C. By. Co.'s schedule, p. 281.
HELSTON By. Co. (leased to or worked by G. W. By. Co.) : included in
Order of Abbotsbury By. Co., p. 217.
HOLBECK to Leeds Bailway (G. N. By. Co. and Lane. & York. By. Co.) :
governed by G. N. By. Co.'s schedule, p. 249.
HOENCASTLE By. Co., in respect of the Horncastle Bailway : governed by
G. N. By. Co.'s schedule, p. 249.
* Lines leased or worked by the G. W. By. Co. are, for the most part,
included in the Abbotsbury By. Co.'s Order. A list of these will be
found, p. 217, and each railway is also set out si-paruU'ly in this index.
ENGLISH RAILWAYS. 535
HOUNSLOW & Metropolitan Ry. Co. : included in East London Ry. Co.'s
Order, p. 233.
HULL, Barnsley & West Riding Ry. Co.'s schedule, p. 262.
ISLE of Wight Ry. Co.'s schedule, p. 263.
ISLE of Wight & Ryde Pier Railway : governed by L. & S. W. Ry. Co.'s
schedule, p. 277.
ISLE of Wight Central Ry. Co. : included in Isle of Wight Ry. Co.'s
Order, p. 263.
KETTERZNQ, Thrapstone & Huntingdon Ry. Co., in respect of the Ket-
tering, Thrapstone & Huntingdon Railway : governed by Mid. Ry.
Co.'s schedule, p. 301.
KINGS Lynn Dock & Railway Co. : included in the London, Tilbury &
Southend Ry. Co.'s Order, p. 290.
KINGTON & Eardisley Ry. Co. (leased to or worked by G. W. Ry. Co.) :
included in Abbotsbury Ry. Co., p. 217.
LANCASHIRE & Yorkshire Ry. Co.'s schedule, p. 264.
Joint Lines :
and G. N. Ry. Co.,
Halifax to Holmfield \ governed by G. N. Ry. Co.'s
Holbeck to Leeds J schedule, p. 249.
and G. N. Ry. Co. and N. E. Ry. Co.,
Lofthouse and Methley Joint Line : governed by
G. N. Ry. Co.'s schedule, p. 249.
and London & North Western Ry. Co. in respect of the
Lancashire Union Railway, from ^
Cherry Tree to Chorley , and from
Arlington to Boar's Head
North Union Rail way, f romEuxton
Junction to Preston
Preston & Longridge Ry. Co.
governed by the
Lane. & York
Ry. Co.'s
schedule,
p. 264.
Preston & Wyre Ry. Co.
and L. & N. W. Ry. Co. and Corporation of Preston,
The Ribble Branch Joint Ry. Co. : governed by the
Lane. & York. Ry. Co.'s schedule, p. 264.
LANCASHIRE Union Railway (L. & N. W. Ry. Co. and L. & Y. Ry. Co.) :
governed by Lane. & York. Ry. Co.'s schedule, p. 264.
LEOMINSTER & Kiugton Ry. Co. (leased to or worked by G. W. Ry. Co.) :
included in Order of Abbotsbury Ry. Co., p. 217.
536
INDEX OF RAIL
LISKEAED & Caradon Ry. Co. : included in Mid. & South Western Ry.
Co.'s Order, p. 304.
LISKEABD & Looe Union Canal Co. : included in Mid. & South Western
Ry. Co.'s Order, p. 304.
LITTLE Bytham to Bourn Railway (G. N. Ry. Co.) : governed by Mid.
Ry. Co.'s schedule, p. 301.
LIVEBPOOL, Southport & Preston Junction Ry. Co. : included in M. S. &
L. Ry. Co.'s Order, p. 292.
LLANELLY & Mynydd Manor Ry. Co. : included in Order of Brecon &
Merthyr Ry. Co., p. 223.
LLANGOLLEN & Corwen Ry. Co. (leased to or worked by G-. W. Ry. Co.) :
included in Order of Abbotsbury Ry. Co., p. 217.
LOFTHOUSE & Methley Joint Line (G. N. Ry. Co. and Lane. & York. Ry.
Co.) : governed by G. N. Ry. Co.'s schedule, p. 249.
LONDON & Black wall Ry. Co., in respect of the London & Black wall
Railway and the London & Blackwall Extension Railway : governed
by G. E. Ry. Co.'s schedule, p. 246.
LONDON & Greenwich Ry. Co., in respect of the London & Greenwich
Railway : governed by S. E. Ry. Co.'s schedule, p. 318.
LONDON & North Western Ry. Co.'s schedule, p. 267.
Joint Zincs :
London & North Western Ry. Co. and G. N. Ry. Co., in respect of
the Nottinghamshire Leicestershire Joint Lines : governed by
G. N. Ry. Co.'s schedule, p. 249.
London & North Western Ry. Co. and Furness Ry. Co. Joint Lines :
governed by Furness Ry. Co.'s schedule, p. 242.
London & North Western Ry. Co. and Lane. & York. Ry. Co.,
Lancashire Union Railway (Cherry Tree to
Chorley, Adlington to Boar's Head)
North Union Railway (Euxton to Preston)
Preston & Longridge Railway
Preston & Wyre Railway
Ribble Branch Railway
London & North Western Ry. Co. and Manchester, Sheffield & Lin-
colnshire Ry. Co., in respect of the
Manchester South Jn. & Altrincham .
Railway | governed by M. S. & L.
Oldham, Ashton & Guide Bridge Jn. j Ry. Co.'s schedule, p. 292.
Railway
London & North Western and Mid. Ry. Co., in respect of the Ashley
& Nuneaton joint railways : governed by the Mid. Ry. Co.'s
schedule, p. 301.
LONDON & South Western Ry. Co.'s schedule, p. 277.
governed by Lane.
& York Ry. Co.'s
schedule, p. 264.
ENGLISH RAILWAYS. 537
LONDON & South Western Ry. Co., in respect of
Ash to Aldershot Town Station Railway i governed by S. K. Ry. Co.'s
Shalford to Ash Railway J schedule, p. 318.
Peasemarsh Junction to Guildford Railway : governed by L. B. & S.
C. Ry. Co.'s schedule, p. 281.
LONDON, Brighton & South Coast Ry. Co.'s schedule, p! 281.
LONDON, Brighton & South Coast Ry. Co., in respect of
Epsom & Leatherhead Railway
Isle of Wight & Ryde Pier Railway
Joint Portsmouth Railway
South sea Railway
^ governed by L. & S. W. Ry.
Co.'s schedule, p. 277.
Tooting, Merton & Wimbledon Rail-
way
Barrington Rd. Junction, Brixton to Cow ^
Lane Junction, Peckham Railway
Norwood Spur Junction to Norwood i goveracd by L< C . & D .
Junction Station Railway f Ry Co> , g 8chedule) p> 2 85.
Crystal Palace Junction to Crystal Palace I
Station J
Junction with Greenwich Railway to \ governed by g. E . Ry> Co/8
Coulsdon schedule, p. 318.
Woodside & Croydon Joint Railway
LONDON, Chatham & Dover Ry. Co.'s schedule, p. 285.
LONDON, Chatham & Dover Ry. Co., in respect of
Dover & Deal Joint Railway j governed by S. E. Ry. Co.'s sche-
Buckland Junction to Dover ) dule, p. 318.
Wandsworth Rd. & Loughborough Park Railway : governed by L.
B. & S. C. Ry. Co.'s schedule, p. 281.
LONDONDERRY (Marquis of), in respect of the Londonderry (Seaham to
Sunderland) Ry. Co. : included in the North Eastern Ry. Co.'s
Order, p. 306.
LONDON, Tilbury & Southend Ry. Co.'s schedule, p. 290.
LONGTON, Adderley Green & Bucknall Railway : governed by the North
Staffordshire Ry. Co.'s schedule, p. 315.
LOUTH & East Coast Ry. Co., in respect of the Louth & East Coast Rail-
way : governed by G. N. Ry. Co.'s schedule, p. 249.
LUDLOW & Clee Hill Ry. Co. (leased or worked by L. & N. W. Ry. Co.
and G. W. Ry. Co.) : included in Order of Abboisbury Ry. Co.,
p. 217.
LYDD Ry. Co., in respect of the Lydd Railway : governed by G. N. Ry.
Co.'s schedule, p. 249.
538
MACCLESFIELD Committee: included in M. S. & L. Ry. Co.'s Order,
p. 292.
MANCHESTER & Milford Ry. Co. : included in Mid. & South Western Ry.
Co.'s Order, p. 304.
MANCHESTER, Sheffield & Lincolnshire Ry. Co.'s schedule, p. 292.
Joint Lines with the G. N. Ry. Co. and Mid. Ry. Co. :
Cheshire Lines : governed by M. S. & L. Ry. Co.'s schedule,
p. 292.
Southport & Cheshire Lines Extension : governed by M. S. & L.
Ry. Co.'s schedule, p. 292.
Joint Lines with L. $ N. W. Ry. Co. :
Manchester, South Junction and \
Altrincham Railway f governed by M. S. & L. Ry.
Oldham, Ashton & Guide Bridge I Co.'s schedule, p. 292.
Junction Railway /
Joint Lines with Mid. Ry. Co. :
Sheffield and Midland Committee Lines : governed by M. S. &
L. Ry. Co.'s schedule, p. 292.
Joint Lines with G. N. Ry. Co. :
"West Riding & Grimsby : governed by M. S. & L. Ry. Co.'s
schedule, p. 292.
MANCHESTER, South Junction & Altrincham Railway : governed by M. S.
& L. Ry. Co.'s schedule, p. 292.
MARLBOROUGH Ry. Co. (leased to or worked by G. W. Ry. Co.) : included
in Order of Abbotsbury Ry. Co., p. 217.
MARYPORT & Carlisle Ry. Co. : included in Cleator & Workington Ry.
Co.'s Order, p. 229.
MAWDDWY Ry. Co. : included in Order of Cambrian Ry. Co., p. 227.
MELLIS & Eye Ry. Co. : included in London, Tilbury & Southend Ry.
Co.'s Order, p. 290.
MERSEY Ry. Co. : included in Taff Vale Order, p. 322.
METROPOLITAN Ry. Co.'s schedule, p. 296.
METROPOLITAN Ry. Co. and Met. District Ry. Co. : in respect of the City
Lines Extension Railways : governed by East London Ry. Co.'s
schedule, p. 233.
METROPOLITAN Ry. Co. and Met. District Ry. Co., in respect of the City
Lines and Extensions Railways: governed by Met. Ry. Co.'s
schedule, p. 296.
METROPOLITAN District Ry. Co.: included in East London Ry. Co.'s
order, p. 233.
MID Kent Ry. Co. (Bromley to St. Mary Cray), in respect of the Mid
Kent (Bromley to St. Mary Cray) Railway : governed by L. C. & D.
Ry. Co.'s schedule, p. 285.
ENGLISH RAILWAYS. 589
MIDLAND Ry. Co.'s schedule, p. 301.
Joint Lines :
- and L. & S. W. Ry. Co., in respect of Joint Corfe Mullen
Junction Railway : governed by L. & S. W. Ry. Co.'s
schedule, p. 377.
and M. S. & L. Ry. Co., in respect of the West Riding &
Grimsby Ry. Co. : governed by M. S. & L. Ry. Co.'s
schedule, p. 292.
and G. N. Ry. Co. and M. S. & L. Ry. Co., in respect of the
Cheshire Lines : governed by the M. S. & L. Ry. Co.'s
schedule, p. 292.
and G. N. Ry. Co., M. S. & L. Ry. Co., and Southport &
Cheshire Lines Extension Ry. Co., in respect of the
Southport & Cheshire Lines Extension Railway :
governed by the M. S. & L. Ry. Co.'s schedule,
p. 292.
MIDLAND and South Western Ry. Co.'s schedule, p. 30i.
MID Wales Ry. Co. : included in Order of Cambrian Ry. Co., p. 227.
MILFOED Ry. Co. (leased to or worked by G. W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
MILLWALL Dock Co. : in respect of the London, Blackball & Millwall
Extension Railway : governed by G. E. Ry. Co.'s schedule, p. 246.
MDTEHEAD Ry. Co. (leased to or worked by G. W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
MOLD & Denbigh Junction Ry. Co., in respect of the Mold & Denbigh
Junction Railway: governed by L. & N. W. Ry. Co.'s schedule
p. 267.
MUCH Wenlock & Severn Junction Ry. Co. (leased to or worked by G. W.
Ry. Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
MUSWELL Hill & Palace Railway Co., in respect of the Muswell Hill &
Palace Railway : governed by G. N. Ry. Co.'s schedule, p. 249.
NANTWICH & Market Drayton Ry. Co. (leased or worked by G. W. Ry.
Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
NANTYBWCH & Rhymney Railway : governed by L. & N. W. Ry. Co.'s
schedule, p. 267.
NEATH & Brecon Ry. Co. : included in Mid. & South Western Ry. Co.'s
Order, p. 304.
NKWAEK Curve (G. N. Ry. Co. and Mid. Ry. Co.) : governed by Mid.
Ry. Co.'s schedule, p. 301.
NEWENT Ry. Co. (leased or worked by G. W. Ry. Co.) : included in Order
of Abbotsbury Ry. Co., p. 217.
INDEX OF RAILWAYS.
NORTHAMPTON & Banbury Junction Ry. Co. : included in the London,
Tilbury & Southend Ry. Co.'s Order, p. 290.
NOETH & South Western Junction Ry. Co. : included in East London
Ry. Co.'s Order, p. 233.
NOETH Cornwall Ry. Co., in respect of the North Cornwall Railway :
governed by L. & S. W. Ry. Co.'s schedule, p. 277.
NOETH Eastern Ry. Co.'s schedule, p. 306.
Joint Lines :
North Eastern Ry. Co., G. N. Ry. Co., and Lane. & York. Ry. Co.,
in respect of the Lof thouse & Methley Joint Line : governed by
the G. N. Ry. Co.'s schedule, p. 249.
N. E. Ry. Co. and Midland Ry. Co., in respect of the
Otley & Ilkley Joint Railway \ governed by Mid. Ry.Co.'s
Swinton & Knottingley Joint Railway j schedule, p. 301.
NOETHEEN & Eastern Ry. Co., in respect of the Northern & Eastern Rail-
way : governed by G. E. Ry. Co.'s schedule, p. 246.
NOETH Union Railway (L. & N. W. Ry. Co. and L. & Y. Ry. Co.) :
governed by Lane. & York. Ry. Co.'s schedule, p. 264.
NOETH "Wales Narrow Gauge Ry. Co. : included in Festiniog Ry. Co.'s
Order, p. 238.
NOEWOOD Spur Junction & Norwood Junction Station (L. B. & S. C. Ry.
Co.) : governed by L. C. & D. Ry. Co.'s schedule, p. 285.
NOTTINGHAM & Grantham Ry. Co. & Canal Co., in respect of the Not-
tingham & Grantham Ry. : governed by G. N. Ry. Go's schedule,
p. 249.
NOTTINGHAM Suburban Ry. Co., in respect of the Nottingham Suburban
Ry. : governed by G. N. Ry. Co.'s schedule, p. 249.
OLDBUBY Ry. Co. (leased or worked by G. "W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
OLDHAM, Ashton & Guide Bridge Junction Railway : governed by M. S.
& L. Ry. Co.'s schedule, p. 292.
OTLEY & Ilkley Joint Railway (N. E. Ry. Co. and Mid. Ry. Co.) :
governed by Mid. Ry. Co.'s schedule, p. 301.
PEASEMAESH Junction to Guildford Railway : governed by L. B. & S. C.
Ry. Co.'s schedule, p. 281.
PEMBROKE & Tenby Ry. Co. : included in Order of Cleator & "Workington
Ry. Co., p. 229.
PENAETH Extension Ry. Co. | included in Taff Vale Order,
PENAETH, Harbour, Dock, & Railway Co. j p. 322.
PETEEBOEOUGH, Wisbech & Sutton Bridge Railway : governed by Mid.
Ry. Co.'s schedule, p. 301.
ENGLISH RAILWAYS. 541
PLYMOUTH & Dartmoor Ry. Co., in respect of the Plymouth & Dartmoor
Railway : governed by L. & S. W. Ry. Co.'s schedule, p. 277.
PLYMOUTH, Devonport & South Western Junction Ry. Co., in respect of
the Plymouth, Devonport & S. W. Jn. Railway : governed by L. &
S. W. Ry. Co.'s schedule, p. 277.
PONTYPRIDD, Caerphilly & Newport Ry. Co. : included in Order of Brecon
& Merthyr Ry. Co., p. 223.
PORTMADOC, Croesor & Beddgelert Tram Ry. Co. : included in Festiniog
Ry. Co's Order, p. 238.
PRESTON & Longridge Rail- \ (L. & N. "W. Ry. Co. and Lane. & York.
way Ry. Co.) : governed by Lane. & York.
PRESTON & Wyre Railway ) Ry. Co's schedule, p. 264.
PRINCETOWN Ry. Co. (leased or worked by G. W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
RAMSEY & Somersham Junction Ry. Co. : included in London, Tilbury
& Southend Order, p. 290.
RAVENGLASS & Eskdale Ry. Co. : included in Order of Brecon & Merthyr
Ry. Co., p. 223.
REDRUTH & Chasewater Ry. Co. : included in Mid. and South Western
Ry. Co.'s schedule, p. 306.
RHONDDA & Swansea Bay Ry. Co. : included in Taff Vale Order, p. 322.
RHYMNEY Ry. Co. : included in Taff Vale Order, p. 322.
Joint Lines :
and G. W. Ry. Co.'s joint railways : included in Taff Vale
Order, p. 322.;
and L. & N. W. Ry. Co., in respect of the Nantybwch &
Rhymney Railway : governed by L. & N". W. Ry. Co.'s
schedule, p. 267.
RIBBLE Branch Railway : governed by Lane. & York. Ry. Co's schedule,
p. 264.
Ross & Ledbury Ry. Co. \ leased * or worked by G W. Ry. Co. :
included in order of Abbotsbury Ry.
Ross & Monmouth Ry. Co. J CQ p 217
ROWRAH & Kelton Fell Ry. Co. : included in Order of Cleator and
Workington Ry. Co., p. 229.
SALISBURY Railway & Market House Co., in respect of the Salisbury
Market Branch Railway: governed by L. & S. W. Ry. Co.'s
schedule, p. 277.
SCARBOROUGH & Whitby Ry. Co.
SCARBOROUGH, Bridlington & West Riding included in the North Eastera
Junction Ry. Co. R ^ Co '' s Order > P- 306 '
INDEX OF RAILWAYS.
SEAHAM to Sunderland Railway (Marquis of Londonderry) : included in
North Eastern Ry. Go's Order, p. 306.
SEVERN & "Wye and Severn Bridge Ry. Co. : included in Order of Cleator
and Workington Ry. Co., p. 229.
SHALFORD to Ash Railway : governed by S. E. Ry. Co.'s schedule, p. 318.
SHEFFIELD & Midland Committee Lines : governed by M. S. L. Ry.
Co.'s schedule, p. 292.
Hereford B, Co.
SHREWSBURY & Wellington Ry. Co.
SHEEWSBTJEY & Welshpool
%*
CQ } . induded ^ Order of
Abbotsbury Ry. Co., p. 217.
SIDMOUTH Ry. Co., in respect of the Sidmouth Railway : governed by the
London and S. W. Ry. Co.'s schedule, p. 277.
SILVERDALE and Newcastle Railway : governed by North Staff. Ry. Co.'s
schedule, p. 315.
SNAILBEACH District Ry. Co. : included in Order of Midland & South
Western Ry. Co., p. 304.
SNEYD'S (Mr.) Railway : governed by North Stafford. Ry. Co.'s schedule,
p. 315.
SOMERSET and Dorset Ry. Co., in respect of the Somerset & Dorset Rail-
way: governed by L. & S. W. Ry. Co.'s schedule, p. 277.
SOUTH Eastern Ry. Co.'s schedule, p. 318.
Joint Lines :
S. E. Ry. Co. and L. B. & S. C. Ry. Co.
Bo-peep Junction to Hastings
Bricklayers' Arms Railway
Croydon & Oxted Railway
Coulsdon & Redhill Railway
London Bridge to Corbett Lane Junction
Woodside and South Croydon Railway
S. E. Ry. Co. and L. C. & D. Ry. Co.
Dover & Deal Joint Railway : governed by L. C. & D. Ry. Co.'s
schedule, p. 285.
SOUTHPORT & Cheshire Lines Extension Railway : governed by M. S. &
L. Ry. Co.'s schedule, p. 292.
SOUTHSEA Railway : governed by L. & S. "W. Ry. Co.'s schedule, p. 277.
SOUTH Wales Mineral Ry. Co. : included in Order of Cambrian Ry. Co.,
p. 2'J7.
SOUTHWOLD Ry. Co. : included in Order of Cleator & Workington Ry. Co.,
p. 229.
SFILSBY & Firsby Ry. Co., in respect of the Spilsby and Firsby Railway :
governed by G. N. Ry. Co.'s schedule, p. 249.
governed by L. B. & R.
C. Ry. Co.'s sche-
dule, p. 281.
ENGLISH RAILWAYS.
543
STAINES & "West Drayton Ry. Co. (leased or worked by G. W. Ry. Co.) :
included in Order of Abbotsbury Ry. Co., p. 217.
STAMFORD & Essendine Ry. Co., in respect of the Stamford and Essendine
Railway: governed by G. N. Ry. Co.'s schedule, p. 249.
STONEHOUSE Pool Improvement Co., in respect of the Stonehouse Pool
Railway : governed by L. & S. W. Ry. Co.'s schedule, p. 277.
SUTTON & Willoughby Ry. Co., in respect of the Sutton & Willoughby
Railway : governed by G. N. Ry. Co.'s schedule, p. 249.
SUTTON Bridge Dock Co., in respect of the railway forming part of their
undertaking: governed by Mid. Ry. Co.'s schedule, p. 301.
TAFF Vale Ry. Co. : Maximum Rates and Charges, p. 322.
- and G. W. R. Co.'s Joint Railways: included in Taff Vale
Order, p. 322.
TAL-Y-LLYN Ry. Co. : included in Midland & South Western Ry. Co.'s
Order, p. 304.
TEIQN VaUey Ry. Co. (leased or. worked by G. "W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
TENBURY Ry. Co. (owned, leased, or worked by L. & N. "W". Ry. Co. and
G. W. Ry. Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
THETFORD & Walton Ry. Co., in respect of the Thetford and Walton
Railway : governed by G. E. Ry. Co.'s schedule, p. 246.
TrvERTON and North Devon Ry. Co. (leased or worked by G. W. Ry. Co.) :
included in Order of Abbotsbury Ry. Co., p. 217.
TOOTINO, Merton & Wimbledon Railway : governed by L. & S. W. Ry.
Co.'s schedule, p. 277.
TOTTENHAM & Hampstead Junction Ry. Co. : included in the London,
Tilbury & Southend Ry. Co.'s Order, p. 290.
VALE of Llangollen Ry. Co. (leased or worked by G. W. R. Co.) : in-
cluded in order of Abbotsbury Ry. Co., p. 217.
VALE of Towy Ry. Co. (leased or worked by L. & N. W. Ry. Co. and
G. W. Ry. Co.) : included in Order of Abbotsbury Ry. Co., p. 217.
VAN Ry. Co. : included in Order of Cambrian Ry. Co., p. 227.
VICTORIA Station & Pimlico Ry. Co., in respect of the Victoria Station
and Pimlico Railway: governed by L. C. & D. Ry. Co.'s schedule,
p. 285.
WAINFLEET & Firsby Ry. Co., in respect of the Wainfleet & Firsby Rail-
way : governed by G. N. R. Co.'s schedule, p. 249.
WAINFLEET & Skegness Ry. Co., in respect of the Wainfleet & Skegness
Railway : governed by G. N. Ry. Co.'s schedule, p. 249.
WANDSWORTH Road & Loughborough Park Ry. : governed by L. B. &
S. C. Ry. Co.'s schedule, p. 281.
544
INDEX OF RAILWAYS.
WATTON & S waff ham Ry. Co., in respect of the Watton & Swai
Railway: governed by G-. E. Ry. Co.'s schedule, p, 246.
WELLINGTON & Severn Junction \ (leased or worked by G-. W. Ry. Co.) :
Ry. Co. included in Order of Abbotsbury
WENLOCK Ry. Co. Ry. Co., p. 217.
WEST Lancashire Ry. Co. : included in Order of Brecon & Merthyr Ry.
Co., p. 223.
WEST London Ry. Co. : included in East London Ry. Co.'s Order,
p. 233.
WEST London Extension Ry. Co. : included in East London Ry. Co.'s
Order, p. 233.
WEST Riding & Grimsby Railway (G-. N. Ry. Co. and M. S. & L. Ry.
Co.) : governed by M. S. & L. Ry. Co.'s schedule p. 292.
WEST Somerset Mineral Ry. Co. : included in Order of Cambrian Ry.
Co., p. 227.
WEST Somerset Ry. Co. (leased to or worked by G-. W. R. Co. : included
in Order of Abbotsbury Ry. Co., p. 217.
WEYMOUTH & Portland Ry. Co., in respect of the Weymouth & Portland
Railway : governed by L. & S. W. Ry. Co.'s schedule, p. 277.
WIGAN Junction Railways Co., in respect of the Wigan Junction Rail-
ways : governed by M. S. & L. Ry. Co.'s schedule, p. 292.
WIKEA.L Ry. Co. : included in Midland & South Western June. Ry. Co.'s
Order, p. 304.
WIVENHOE & Brightlingsea Ry. Co. : included in London, Tilbury &
Southend Ry. Co.'s Order, p. 290.
WOODSIDE & Croydon Joint Railway (L. B. & S. C. Ry. Co. and S. E.
Ry. Co.) : governed by S. E. Ry. Co. schedule, p. 318.
WOODSIDE & South Croydon Railway : governed by L. B. & S. C. Ry.
Co.'s schedule, p. 281.
WOODSTOCK Ry. Co. (leased or worked by G. W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
WBEXHAM, Mold & Connah's Quay Ry. Co. : included in Brecon &
Merthyr Ry. Co.'s Order, p. 223.
WYE Valley Ry. Co. (leased or worked by G. W. Ry. Co.) : included in
Order of Abbotsbury Ry. Co., p. 217.
IEISII RAILWAYS.
These are all included in the Schedule of the Athenry and Ennis Junc-
tion Railway Company.
For a list of the Companies so included, see p. 327.
SCOTCH RAILWAYS.
546
SCOTCH EAILWAYS.
ANSTRUTHER & St. Andrews Ry. Co. in respect of the Anstruther & St.
Andrews Railway : governed by the North British schedule, p. 359.
ARBROATH Forfar Ry. Co., in respect of the Arbroath & Forfar Rail-
way : governed by the Cal. Ry. Co.'s schedule, p. 346.
AYRSHIRE & "Wigtownshire Ry. Co. in respect of the Ayrshire and Wig-
townshire Railway : governed by the Glasgow & S. W. Ry. Co.'s
schedule, p. 353.
CALEDONIAN Ry. Co.'s schedule, p. 346 (and see Portpatrick and Wigtown-
shire Railway ; Glasgow & Paisley Railway ; Glasgow, Barhead &
Kilmarnock Railway ; and Dundee & Arbroath Joint Railway).
CALLANDER & Oban Ry. Co.'s schedule, p. 351.
CARLISLE Station lines : governed by Cal. Ry. Co.'s schedule, p. 346.
CATHCART District Ry. Co., in respect of the Cathcart District Railway :
governed by the Cal. Ry. Co.'s schedule, p. 346.
CITY of Glasgow Union Ry. Co.'s schedule, p. 352.
DUNDEE & Arbroath Joint Railway (Cal. Ry. Co. and N. B. Ry. Co.) :
governed by Cal. Ry. Co.'s schedule, p. 346.
DUNDEE & Newtyle Ry. Co., in respect of the Dundee & Newtyle Rail-
way : governed by the Cal. Ry. Co.'s schedule, p. 346.
EDINBURGH & Bathgate Ry. Co., in respect of the Edinburgh & Bathgate
Railway: governed by North British Ry. Co.'s schedule, p. 359.
EYEMOUTH Ry. Co., in respect of the Eyemouth Railway : governed by
the North British Ry. Co.'s schedule, p. 359.
FORTH & Clyde Junction Ry. Co., in respect of the Forth & Clyde Junc-
tion Railway : governed by the North British Ry. Co.'s schedule,
p. 359.
FORTH Bridge Ry. Co., in respect of the Forth Bridge Railway : governed
by the North British Ry. Co.'s schedule, p. 359.
GLASGOW & Paisley Joint Railway.
GLASGOW, Barhead & Kilmarnock Joint
Railway.
(Cal. Ry. Co. and Glasgow
& S. W. Ry. Co.) : governed
by Cal. Ry. Co.'s schedule,
p. 31G.
N N
GLASGOW & South "Western Ry. Co.'s schedule, p. 353.
GLASGOW, Yoker, & Clydebank Ry. Co., in respect of the Glasgow, Yoker,
& Clydebank Railway : governed by the North British Ry. Co.'s
schedule, p. 359.
GREAT North of Scotland Ry. Co.'s schedule, p. 355.
GREENOCK & "Wemyss Bay Ry. Co., in respect of the Greenock & Wemyss
Bay Railway: governed by Cal. Ry. Co.'s schedule, p. 346.
HIGHLAND Ry. Co.'s schedule, p. 357.
KILLIN Ry. Co., in respect of the Killin Railway : governed by the Cal.
Ry. Co.'s schedule, p. 346.
KILMARNOCK & Troon Ry. Co., in respect of the Kilmarnock and Troon
Railway : governed by the Glasgow & S. W. Ry. Co.'s schedule,
p. 353.
KILSYTH & Bonnybridge Ry. Co., in respect of the Kilsyth fe Bonny-
bridge Railway : governed by the North British Ry. Co.'s schedule,
p. 359.
LANARKSHIRE & Ayrshire Ry. Co., in respect of the Lanarkshire & Ayr-
shire Railway : governed by the Cal. Ry. Co.'s schedule, p. 346.
NEWPORT Ry. Co., in respect of the Newport Railway : governed by the
North British Ry. Co.'s schedule, p. 359.
NORTH British Ry. Co.'s schedule, p. 359.
PORTPATRICK & Wigtownshire Joint Railway : governed by the Cal. Ry.
Co.'s schedule, p. 346.
SOLWAY Junction Ry. Co., in respect of the Sol way Junction Railway:
governed by the Cal. Ry. Co.'s schedule, p. 346.
GENERAL INDEX.
ABBOTSBURY RAILWAY, PROVISIONAL ORDER OF
other railways included in, 217.
general conditions (same as L. & N. W. Ry. Co.), 182.
special provisions, 219.
maximum rates and charges :
goods and minerals, 219222.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
ACT OF GOD :
common carrier not liable for, 102.
what is, 104.
ACT OF PARLIAMENT. See SPECIAL ACT.
confirming Provisional Orders as to Rates, 179.
ACTION. See DAMAGES ; PAETIES.
for injury to goods :
founded in contract, 117.
who should sue in, 106.
for failure to stop in tramitu :
founded in tort, 109.
for conversion against warehouseman, 114.
AGREEMENTS :
between companies, how they affect through rates, 73.
restricting competition to be construed strictly, 74.
when not to prevent order for facilities, 74.
ALTERNATIVE RATES, 137.
company's risk, rate must not exceed maximum, 137.
except for articles mentioned, 138.
ALTERNATIVE ROUTES : undue preference of one, 62.
x x2
548
GENERAL INDEX.
ANIMALS :
" proper vice," how affects liability of carrier, 102.
statutory provision as to treatment, 105, 106.
maximum rates and charges for :
English railways, 208.
Irish railways, 333.
Scotch railways, 344.
terminal charges per head not to exceed those per truck, 208, 334, 345.
cleansing trucks, charge for, 208, 334, 345.
APPEAL :
from decision of Railway and Canal Commission, 8.
none on question of fact or locus standi, 8.
from decision on case stated by arbitrator, 170.
APPLICATION. See COMPLAINT.
APPOINTMENT. See AEBITEATOE.
ARBITRATIONS ACT, 1889. And see AEBITEATIONS.
generally, 151178.
application of, 151, 176.
inconsistency, what will oust, 151.
submission irrevocable, 152.
commencement of Act, 176.
pending arbitrations under, 176.
definitions of, 176.
ARBITRATION. See BOAED OF TEADE AEBITEATIONS ACT.
as to reduction of rate where company do not provide trucks, 154.
as to service terminals, reference to, 156.
as to charges for special services, 157.
as to recovery of demurrage where trucks detained by railway
company, 161.
as to siding rent, 161.
generally, 147178.
inquiry, power of Board of Trade to direct, 147.
submission to irrevocable, 151, 152.
Court may revoke, 152.
appointment of arbitrator, 152.
staying legal proceedings, 156.
proceedings in, 159.
evidence, 161.
documents, when protected, 161, 162.
bankers' books, 162.
subpoena of witnesses, 163.
privilege of witnesses, 163.
rules of evidence, arbitrator bound by, 164.
admissibility of evidence, 164.
GENERAL INDEX. 549
ARBITRATION continued.
proceedings before umpire, 165.
the award, 166.
enlargement of time for making, 167.
stating a case, 169.
award in form of case, 169.
remitting case to arbitrators, 171.
appeal from decision on, on case stated, 170.
setting aside award, 172.
misconduct of arbitrator, 172.
enforcing award, 174.
costs, 175.
Crown bound by proceedings, 175.
what, under Arbitrations Act, 1889. .151, 176.
references under order of Court, 177, 178.
ARBITRATOR:
appointment of, by Board of Trade, 147, 148.
generally by parties, 152.
by Court, 154, 155.
when judge may set aside, 156.
official referee as, 152.
appointment of umpire by, 153.
notice to appoint, when sufficient, 155.
vacancy in post of, when parties may supply, 156.
failure of one party to appoint, 156.
ATHENRY AND ENNIS JUNCTION RAILWAY, PROVISIONAL
ORDER OF, 327.
other railways included in, 327 336.
And see IEISH RAILWAYS.
BAILMENT. See WAREHOUSEMAN.
BARMOUTH VIADUCT : to be calculated as three miles, 227.
BOARD OF TRADE :
certificate of, when necessary before complaint to Railway and
Canal Commission, 9.
conditions which may be imposed on granting, 10.
duration of, 10.
judicial powers conferred on, as to rates, 12.
power to add to classification, 12, 93.
publication of decisions as to classification, 93.
conciliatory jurisdiction, 12, 13.
how regarded, 14.
complaints to, of unreasonable charges, 13.
must be made before through rate proposed, 14.
reports to Parliament as to, 13.
550
BOARD OF TRADE continued.
power to prescribe price at which classification and schedule to be
sold, 93.
form of notice as to classification and rate books, 94.
form of notice of increase in rates, 95.
arbitrator to be appointed by, 186, 188, 189, 193, 194, 211.
inquiry, power to direct, 147, 148.
order of, how made, 149.
BOARD OF TRADE ARBITRATIONS ACT :
jurisdiction under, of Railway and Canal Commission, 7.
application of, to disputes under Provisional Orders, 147, 204.
generally, 147151.
power to direct inquiry, 147.
expenses under, 148.
order of Board of Trade under, how made, 149.
special Act, meaning of, in, 149.
reference to Railway Commissioners under, 149.
BOOKING. See THROUGH BOOKING FACILITIES.
BOOKING- OFFICE : off railway, no obligation to establish, 21.
BRANCH RAILWAYS. Sec PRIVATE BRANCH RAILWAYS ; SIDINGS.
not belonging to company included in term siding, 206.
BRECON AND MERTHTR TYDFIL JUNCTION RAILWAY,
PROVISIONAL ORDER OF:
other railways included in, 223.
general conditions (same as L. & N. W. Ry. Co.), 182.
special provisions, 223.
maximum rates and charges :
goods and minerals, 224.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
BUTTER: fresh, conveyance of, by passenger train, 211, 212.
CABS AND OMNIBUSES : exclusion of, from station yard, 57.
CALEDONIAN RAILWAY, PROVISIONAL ORDER OF :
to what other railways applicable, 346.
general conditions, 336.
pecial provisions, 347.
GENERAL INDEX. 551
CALEDONIAN RAILWAY, PROVISIONAL ORDER OF-contiwl.
maximum rates and charges :
goods and animals, 348.
animals, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
CALLANDER AND OBAN RAILWAY, PROVISIONAL ORDER
OF:
general conditions, 336.
maximum rates and charges :
goods and animals, 351.
animals, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
CAMBRIAN RAILWAY, PROVISIONAL ORDER OF :
other railways included in, 227.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 227.
maximum rates and charges :
goods and minerals, 228.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
email parcels by merchandise train, 214.
CARRIAGE. And see FACILITIES ; COMMON CAEEIEE.
and conveyance, difference between, 183.
contract of, how long it lasts, 51, 54.
involves obligation to provide place for delivery, 109.
of mails, 16.
of troops, 16.
of goods :
obligation as to, none under Railway Clauses Act, 1845. . 16.
alteration made by Traffic Act, 1854 .. 16.
not confined to main line, 17.
three modes of, 7981.
under special contract, 81, 132.
as common carriers, 80, 101 ct seq.
general conditions as to carriage by railway, 182.
special provisions and maximum rates of particular companies :
English, 216.
Irish, 332.
Scotch, 348.
552
GENERAL I^DEX.
CARRIAGE continued.
of animals. (And see under ANIMALS.)
liability for proper vice, 102, 103.
statutory provision as to, 105.
CARRIAGES : maximum rates and charges for, 209.
CARRIER. And see COMMON CAEEIEE.
independent :
packed parcels sent by, 34.
goods consigned to, 43.
undue prejudice of, 49 et seq.
orders to deliver goods to, general, 52, 54.
specific, 53.
consignment to ultimate consignee through, 98.
nomination or selection of, no effect on right to sue, 107.
CARRIERS ACT, 1830. .101, 118 et seq.
articles within, 120 123.
extent of Act, 123, 124.
noncompliance with, result of, 124.
notice under, 120.
omission to give, 124.
carrier cannot limit liability by, 125.
package or parcel, meaning of, in, 124.
receipt, carrier must give, 125.
refusing to give, loses benefit of Act, 124.
special contracts :
not affected by Act, 125.
do not prevent carrier taking benefit of, 125.
office, meaning of, in, 127.
declared value of goods not conclusive, 127.
value of goods, how ascertained, 128.
wilful misconduct, carrier not protected against, 128.
felony, reply good to defence under, 128.
what sufficient proof of, 128.
what not, 129.
servant under, who is, 129.
undertaking of railway companies as to charges under, 130.
CERTIFICATE OF BOARD OF TRADE:
when necessary before making complaint to Railway and Canal
Commission, 9.
conditions which may be imposed on granting, 10.
duration of, 10.
CHAMBERS OF COMMERCE OR AGRICULTURE:
power to complain to Railway and Canal Commission, 9.
conditions which may be imposed by Board of Trade on granting
certificate, 10.
GENERAL INDEX. 553
CHARGES. See MAXIMUM RATES ; RATES ; THROUGH RATES.
authorized, 80.
complaint of unreasonable, to Board of Trade, 13.
power of local authority to make, 13.
excessive, whether refusal of, reasonable facilities, 29.
government duty, power to add to, authorized, 83.
legality of jurisdiction of Railway and Canal Commission, 31.
omission to set up milestones does not prevent recovery of charges
other than tolls, 84.
proposed increase of, notice to be given, 95.
for special services, 82.
right to, founded on agreement, 83.
increased, railway company must give notice of, 95.
carrier may demand, under Carriers Act, 120.
returned empties, 202.
special services, 189, 190.
statutory obligation, no power to charge individual for performance
of, 83.
under Carriers Act, 1830, undertaking of railway companies as to,
130.
unpaid, lien for, 97 et seq.
what included in conveyance rate, 185.
station terminals, 187.
service terminals, 187.
siding rent, 193.
transhipment, 194.
use of trucks, 194.
short distance, 197.
minimum truck load, 199.
fractions of a ton, 200.
of a penny, 200.
of a mile, 200.
articles not contained in the classification, 201.
for cleansing trucks for animals, 208, 334, 345.
CHEESE : conveyance of, by passenger train, 211, 212.
CITY OF GLASGOW UNION RAILWAY, PROVISIONAL ORDER
OF:
general conditions, 336.
maximum rates and charges :
goods and animals, 352.
animals, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
554
GENERAL INDEX.
CLASSIFICATION OF MERCHANDIZE :
alphabetical, 406.
as appearing in the Provisional Orders, 365.
analysis of, 4.
articles not contained in, how chargeable, 201.
power of Board of Trade to add to, 12, 93.
book containing, to be open for inspection, 92.
copies to be sold, 93.
proposed addition to :
powers of Board of Trade, 12, 93, 201.
notice of, 93.
determination of Board of Trade, how published, 93.
definition of, 205.
CLEATOR AND WORKINGrTON RAILWAY, PROVISIONAL
ORDER OF :
other railways included in, 229.
general conditions (similar to L. &. N. W. Ry. Co.), 182.
special provisions, 230.
maximum rates and charges :
goods and minerals, 230232.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
COAL DROPS :
use of, not included in station terminal, 187.
company may charge for, 190.
COLLECTION AND DELIVERY : power of company to charge for,
189.
COMMISSIONERS. See RAILWAY COMMISSIONEBS ; RAILWAY AND CANAL
COMMISSION.
COMMISSIONERS OF SUPPLY : power to complain to Railway and
Canal Commission, 9.
COMMON CARRIER :
position of railway company as, under Act of 1845 . , 16, 17, 80, 101.
liable as insurer of goods carried, 81.
liability of railway company not to exceed that of, 101.
liability of common carrier :
how varied by statute, 101.
at common law, 102.
as insurers of goods carried, 102.
inherent defect, 102, 103.
GENERAL INDEX. 555
COMMON CARRIER continued.
liability of common carrier :
proper vice, 102.
negligence of owner, 103.
improper packing, 104.
act of God, 104.
returned empties, 105.
under special contracts, 104.
obligation to carry, 105.
railway company may refuse to carry as, 105.
injury to goods by, who should sue, 106.
action for, founded in contract, 117.
stoppage in transitu, 108.
delivery by, 109.
must provide a place for, 109.
fictitious consignee, 109.
presumption of delivery in good order, 110.
consignee may agree to alter place of, 110.
within reasonable time, 110.
notice of arrival :
usual practice, 111.
how far bound by, 111.
termination of liability, 111.
liability, limitation of :
by Carriers Act, 1830 .. 119.
articles affected by, 120.
by notice given by carrier, 118.
unless increased charge paid, 120.
extent of Act, 123.
when Act complied with liability of carrier revives, 123.
COMMON COUNCIL OF CITY OF LONDON : power to make com-
plaint to Railway and Canal Commission, 9.
COMPLAINT :
to Board of Trade of unreasonable charges, 13.
to Railway and Canal Commission :
who may make, 8.
by local authority, 9.
what interest must be shown, 10.
by associations of trades or chambers of commerce, 9.
certificate of Board of Trade when necessary prior to making, 9.
conditions that may be imposed, 10.
of undue preference power of port and harbour authority to
make, 11, 57.
CONSERVANCY AUTHORITY : power to complain to Railway and
Canal Commission, 9.
556
CONSIGNEE :
refusal of, to take delivery :
does not affect general lien, 99.
terminates liability of common carrier, 111.
bankruptcy of, right to stop in transitu, 108.
consignment to ultimate, through independent carrier, 98.
duty of, to examine goods on delivery, 110.
fictitious consignment to, 109.
may agree to alter place of delivery, 110.
when he should sue for injury to goods, 106.
notice to, of arrival of goods, 111, 112.
how far bound by terms imposed in, 112.
CONSIGNOR :
when he should sue for injury to goods, 106.
right to stop in transitu, 108.
notice by, of goods within Carriers' Act, 120.
123.
CONTINUOUS COMMUNICATION:
obligation of two companies to afford, 16.
through booking, where there is, 21.
when route forms, 15, 21.
facilities to be given where it exists, 63.
extension to through rates, 64.
CONTRACT. See SPECIAL CONTRACT.
CONVEYANCE:
and carriage, distinction between, 183.
maximum rate for, what it includes, 185.
COUNCIL OF CITY OR BOROUGH : power to complain to Railway
and Canal Commission, 9.
COUNTY COUNCIL : power to complain to Railway and Canal Com-
mission, 9.
COVERING AND UNCOVERING :
of goods in classes A and B, power of company to charge for, 190.
terminal service, 187.
CREAM: conveyance of, by passenger train, 211, 212.
DAMAGES :
Railway and Canal Commission may award, 36.
must be shown to sustain case of undue preference, 57.
for undue preference, when may be given, 36.
GENERAL INDEX.
557
DAMAGES continued.
for injury to goods carried :
who may sue for, 106.
through booking, 107.
measure of, 115, 128.
costs of defending action whether recoverable as, 116.
for breach of contract to carry, 115.
delay, whether depreciation of price caused by, recoverable, 116.
for conversion by warehouseman, measure of, 114.
failure to provide trucks, 117.
goods within Carriers Act :
owner cannot recover, unless Act complied with, 124.
declared value, under Carriers Act, not conclusive as to amount of,
127.
DANGEROUS GOODS :
company not bound to carry, 145.
consignor must communicate fact to company, 146.
DECLARATION OF VALUE :
under Carriers Act, 1830 :
for what articles to be made, 120.
omission to make, 124.
what sufficient, 123.
not conclusive as to value of goods, 127.
under sect. 7 of Traffic Act, 1854 :
for what animals, 133, 137.
what sufficient, 138.
estoppel by, 138.
DELAY :
unreasonable, what is, 111.
no protection for, under Carriers Act, 124.
DELIVERY:
to purchasers terminates right of stoppage in transitit, 108.
carrier must provide place for, 109.
misdelivery, common carrier liable for, 109.
consignee may agree to alter place for, 110.
at receiving station involved in contract to carry from station to
station, 110.
must be within reasonable time, 110.
refusal to accept :
does not affect carrier's general lien, 99.
terminates liability of common carrier, 111.
station to station rates, 112.
goods to be kept reasonable time, 113.
delay in, carrier not protected against, by Carriers Act, 124.
to wrong person, no protection for, under Carriers Act, 124.
558
GENERAL INDEX.
DISTANCES : to appear in rate books, 85, 87, 96.
DIVISION OF RATE :
power of Railway and Canal Commission to order, 87.
person interested, who is, 87, 88.
reason for which information sought must be shown, 89.
through rates, 89.
no power to order division of book containing rates from sidings,
90.
compliance with order for, what sufficient, 90 92.
for what rates order made, 92.
extension to goods carried by sea, 92.
by railway company, power to obtain, 93.
who may obtain, 94.
what sufficient, 94.
in rate books of traffic from sidings, no power to order, 96.
DOCK CHARGES :
to be distinguished by company, 94.
charges at waterside wharf to be considered as, 190.
not affected by provisional orders, 202.
DOCK COMPANIES : special power to complain of undue preference,
58.
EAST LONDON RAILWAY, PROVISIONAL ORDER OF :
other railways included in, 233.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 234.
maximum rates and charges :
goods and minerals, 236.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
EGGS: conveyance of, by passenger train, 211, 212.
EQUAL MILEAGE RATES, 44.
EQUAL TREATMENT. See EQUALITY CLAUSE ; UNDUE PREFERENCE.
how long obligation of, lasts, 57.
EQUALITY CLAUSE :
in Railways Clauses Act, 32.
how enforced, 33.
packed parcels, 34.
tolls in this clause includes rates, 34.
how limited, 34.
GENERAL IN 1)1 \.
EXCEPTIONAL CLASS : charges for, 210.
EXCESSIVE CHARGES. Sec CHAEOES ; RATES.
EXPLOSIVES :
special enactments as to, 145.
company, large discretion, as to, 145.
Explosives Act, 1875. . 146.
559
FACILITIES FOR TRAFFIC :
generally, 15 to 31.
jurisdiction of Railway and Canal Commission, 7.
change in position of railway companies as carriers, 17.
obligation to afford, imposed by Traffic Act, 1854 . . 16.
not confined to main line, 17.
nor to profitable traffic, 17.
matters to be considered to ascertain what fares are reasonable, 18.
invalid excuses, 18, 19.
structural alteration :
order involving, 19.
no particular alteration to be ordered, 19.
but two companies to submit scheme, 19.
limitation to traffic, 19, 20.
necessary works, 20.
inconvenience must bear proportion to expense, 20.
passenger station, whether ordered to be used for goods, 20.
booking office off line, 21.
through booking, 21.
vary with powers of company, 21.
under special Acts, power to enforce, 22.
must be of public character, 22.
private sidings, 22, 2528.
stations, 22, 23.
few instances of inadvertence, do not justify order for, 23.
collection of trucks off siding, 24.
excessive charges, whether refusal of, 29.
when they nclude through rates, 63, 64.
for perishables by passenger train, 211.
FELONY:
by carrier or his servants :
Carriers Act does not protect against, 128.
what sufficient evidence of, 128.
what not sufficient, 129.
servant of carrier, who is, 129.
FISH : conveyance of, by passenger train, 211, 212.
560 GENERAL INDEX.
FESTINIOG RAILWAY, PEG VISIONAL ORDER OF :
other railways included in, 238.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 238.
maximum rates and charges :
goods and merchandise, 241.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
FRACTIONS :
of a ton, 200.
of a mile, 200.
of a penny, 200.
siding to siding traffic, North Staff., 316.
FRUIT : conveyance of, by passenger train, 211, 212.
GAME : by passenger train, 211.
GLASGOW AND SOUTH WESTERN RAILWAY, PROVISIONAL
ORDER OF:
to what other railways applicable, 353.
general conditions, 336.
special provisions, 353.
maximum rates and charges :
goods and animals, 354.
animals, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
GOODS STATION. See PASSENQEB STATION ; STATIONS.
whether jurisdiction to order passenger station to be used as, 23.
GRADIENTS : how they may affect rates, 44.
GREAT EASTERN RAILWAY, PROVISIONAL ORDER OF :
to what other railways applicable, 246.
general conditions (similar to L. & N. W. Ry. Co.), 182.
maximum rates and charges :
goods and minerals, 248.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
GENERAL INDIA.
561
GREAT NORTHERN RAILWAY, PROVISIONAL ORDER OF:
to what other railways applicable, 249.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 251.
maximum rates and charges :
goods and minerals, 251 253.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211,
small parcels by merchandise train, 214.
GREAT NORTH OF SCOTLAND RAILWAY, PROVISIONAL
ORDER OF :
general conditions, 336.
maximum rates and charges :
goods and minerals, 355.
animals, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
GREAT WESTERN RAILWAY, PROVISIONAL ORDER OF :
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 254 256.
maximum rates and charges :
goods and minerals, 258 261.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
lines leased or worked by G. W. Ry. Co. See ABBOTSBUBY RAIL-
WAY, 217.
GROSS NEGLIGENCE BY CARRIER: what is, 144.
GROUP RATES :
enactments as to, 40.
effect of enactments, 41.
measure of undue preference different in cases of, 41.
made in one direction only, 41.
HARBOUR AUTHORITY : power to complain of undue prejudice, 11.
HARBOUR BOARD :
power to make complaint to Railway and Canal Commission, 9.
special power to complain of undue preference, 58.
D. on
562
GENERAL INDEX.
HIGH COURT : damages for undue preference not recoverable in, 35.
HIGHLAND RAILWAY, PROVISIONAL ORDER OF :
general conditions, 336.
maximum rates and charges :
goods and minerals, 357.
animals, 344.
carriages, 209.
exceptional class, 210.
peiishables by passenger train, 211.
small parcels by merchandise train, 214.
HULL, BARNSLET, AND WEST RIDING JUNCTION RAIL-
WAY, PROVISIONAL ORDER OF :
genera] conditions (similar to L. & N. W. Ry. Co.), 182.
maximum rates and charges :
goods and minerals, 262.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
ICE : conveyance of, by passenger train, 211, 212.
INJURY. See COMMON CARRIER ; DAMAGES.
to goods, carrier liable for, 102.
who to sue for, 106.
where through booking, 107.
under Carriers Act, 127.
when carrier not liable, 124.
INQUIRY :
on arbitration, power of Board of Trade to direct, 147.
expenses of, 148.
how held, 148.
INSURERS :
when railway company liable as, 80.
company may refuse to undertake risks of, 81.
under Carriers Act, when nature and value of goods declared, 119,
123.
though no extra charge exacted, 123.
company, though not liable as, may be for negligence, 143.
GENERAL INDEX.
563
IRISH RAILWAYS:
Provisional Order applicable to railways included in, 327.
general conditions, 330.
special provisions, 331.
maximum rates and charges :
goods and minerals, 332.
animals, 333.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
ISLE OF WIGHT RAILWAY, PROVISIONAL ORDER OF :
other railways included in, 263.
general conditions (similar to L. & N. W. Ry. Co.), 182.
maximum rates and charges :
goods and minerals, 263.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
JURISDICTION. See RAILWAY AND CANAL COMMISSION ; HIGH COUBT.
LANCASHIRE AND YORKSHIRE RAILWAY, PROVISIONAL
ORDER OF :
to what other railways applicable, 264.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 265.
maximum rates and charges :
goods and minerals, 265, 266.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
LEDGER ACCOUNT : refusal to allow, whether undue prejudice, 55.
LIABILITY OF CARRIERS. See COMMON CABBIES.
limitation of, by Carriers Act, 118.
LIEN FOR UNPAID RATES AND TOLLS:
under the Railways Clauses Act, 1845. .97.
at common law, 98.
lost by parting with possession, 98.
oo 2
GENERAL INDEX.
LIEN FOR UNPAID RATES AND TOLLS continued.
general, under agreement, 99.
continuance of, 99.
does not attach till goods ready for delivery, 99.
where consignee not owner, 100.
LIMITED COMPANY: railway company's Hen on goods of, how
affected by winding up, 99.
LOADING AND UNLOADING :
charge for, in maximum service terminal, 187.
goods in classes A. and B., when company may charge for,
189, 190.
LOCAL AUTHORITY :
power to make complaint to Board of Trade, 13.
Railway and Canal Commission, 9.
power to oppose complaint, 9.
what interest necessary, 10.
LONDON AND NORTH WESTERN RAILWAY, PROVISIONAL
ORDER OF :
to what other railways applicable, 267.
general conditions, 182.
special provisions, 267 273.
maximum rates and charges :
goods and minerals, 273 276.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
LONDON AND SOUTH WESTERN RAILWAY, PROVISIONAL
ORDER OF :
to what other railways applicable, 277.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 278.
maximum rates and charges :
goods and minerals, 279, 280.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 211.
LONDON, BRIGHTON AND SOUTH COAST RAILWAY, PRO-
VISIONAL ORDER Ol :
to what other railways applicable, 281.
general conditions (similar to L. & X. W. Ry. Co.), 182.
GENERAL INDK.X.
565
LONDON, BRIGHTON, &c., PROVISIONAL ORDER OYc<,ntn<l.
special provisions, 282.
maximum rates and charges :
goods and minerals, 282, 283.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
LONDON, CHATHAM AND DOVER RAILWAY, PROVISIONAL
ORDER OF:
to what other railways applicable, 285.
general conditions (similar to L. & N. "W. Ry. Co.), 182.
special provisions, 286.
maximum rates and charges :
goods and minerals, 287289.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
LONDON, TILBURY AND SOUTHEND RAILWAY, PROVI-
SIONAL ORDER OF :
other railways included in, 290.
general conditions (similar to L. & N. W. Ry. Co.), 182.
maximum rates and charges :
goods and minerals, 291.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
LOSS, DETENTION, OR INJURY : meaning of, in special contract,
143.
LOSS OR INJURY:
in Carriers Act, 1830 . . 124.
under sect. 7 of the Traffic Act, 1854. . 135.
MAILS : obligation to carry, 16.
MANCHESTER, SHEFFIELD AND LINCOLNSHIRE RAILWAY,
PROVISIONAL ORDER OF :
other railways included in, or to which it is applicable, 292.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 293.
566
MANCHESTER, SHEFFIELD &c., PROV. ORDER OF continued.
maximum rates aud charges :
goods aud miaerals, 291, 295.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
MAXIMUM RATES. See CHARGES ; RATES.
what are, 80.
whether, may be exceeded when carriage under special contract,
81.
and government duty, 83.
statutory obligations and, 83.
schedule of, 182.
copies to be sold by railway company, 93.
commencement, 181.
to be subject to Traffic Acts, 181.
general cotditions, 182.
special provisions, 216 et seq.
for conveyance, what they include, 185.
of animals, English company, 208.
Irish, 333.
Scotch, 244.
of goods and merchandise, English, 219326.
Irish, 332.
Scotch, 348 et seq.
of carriages, 209.
exceptional class, 210.
perishables, 212.
small parcels, 214.
MEAT, FRESH: conveyance by passenger train, 211, 212.
MERCHANDISE. See MAXIMUM RATES; SCHEDULE OF MAXIMUM
RATES; CARRIAGE.
classification of. See CLASSIFICATION.
liability of carrier where improper packing of, 104.
inherent defect io, 102.
within the Carriers Act, 1830, what is, 120123.
definition of, 205.
METROPOLITAN RAILWAY, PROVISIONAL ORDER OF:
to wli it otlnT railways applicable, 'J
general conditions (similar to L. A: N. W. Ry. Co.), 182.
iul provisions. 296.
GENERAL INDEX.
567
METROPOLITAN RAILWAY, PROVISIONAL ORDER OF contd.
maximum rates arid charges :
goods and minerals, 298.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
MIDLAND RAILWAY, PROVISIONAL ORDER OF:
to what other railways applicable, 301.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 303.
maximum rates and charges :
goods and minerals, 303 .
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
MIDLAND AND SOUTH WESTERN JUNCTION RAILWAY,
PROVISIONAL ORDER OF:
other railways included in, 304.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 305.
maximum rates and charges :
goods and minerals, 305.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
MILEAGE :
how calculated, 195.
short distance, 197.
rates, maximum, worked out, App. D.
MILESTONES : omission to set up does not prevent recovery of rates
and charges, 84.
MILK:
conveyance of by passenger train, 211.
minimum charge for, 211.
maximum rates for, 212.
MINIMUM:
charge for short distance, 197.
truck load, when company may charge for, If 1 .'.
568
GENERAL INDEX.
NORTH BRITISH RAILWAY, PROVISIONAL ORD1
to what other railways applicable, 359.
general conditions, 336.
special provisions, 360.
maximum rates and charges :
goods and minerals, 362.
animals, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train. 211.
small parcels by merchandise train, 214.
NORTH EASTERN RAILWAY, PROVISIONAL ORDER OF:
other railways included in, 306.
general conditions (similar to Scotch Railways), 336.
special provisions, 307311.
maximum rates and charges :
goods and minerals, 312.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
NORTH LONDON RAILWAY, PROVISIONAL ORDER OF:
general conditions (similar to L. & N. W. Ry. Co.), 182.
maximum rates and charges :
goods and minerals, 314.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
NORTH STAFFORDSHIRE RAILWAY, PROVISIONAL ORDER
OF:
to what other railways applicable, 315.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 315.
maximum rates and charges :
goods and minerals, 316.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214,
GENERAL INDEX.
569
NORTH WALES NARROW GAUGE RAILWAY: special pro-
visions us to, 238.
NOTICE :
of proposed through rate, 64.
counter notice, 64.
of undue preference, damages not recoverable by complainant
unless and until he have given notice to railway company, 36.
of proposed addition to classification, 93.
determination of Board of Trade to be published in Gazette, 93.
that classification and rate books open for public inspection to be
published, 94.
of intention to increase rates, 95.
form of, 451.
of arrival of goods, 111.
how far carrier bound by, 111.
effect on liability of common carrier, 112.
how far consignee bound by, 112.
given by carrier :
when contract inferred from, 126.
effect of, prior to Carriers Act, 1830. . 118.
carrier cannot now limit his liability by, 125.
of increased charge under Carriers Act, how to be given, 120.
if not given carrier loses protection of Act, 125.
by consignor of nature and value of goods within Carriers Act,
what necessary, 123.
from trader that he does not require special service, 189.
OFFICE :
notice under Carriers Act to be posted at, 120.
what is, under Carriers Act, 126.
OFFICIAL REFEREE :
as arbitrator, 152.
transfer of matters, 153.
OMNIBUSES : exclusion of, from station yard, 57.
ORDERS to deliver goods to independent carrier, whether railway com-
pany bound by, 52, 53, 54.
OWNER'S RISK : meaning of contracts at, 142.
PARCELS :
packed, 34.
not to be deemed small parcels, 201.
improperly packed, liability of carrier, 104.
in Carriers Act, meaning of, 124.
570
PAETIES :
to action for injury to goods, 106.
where Carriers Act complied with, action not to abate for want of,
127.
PASSENGER STATION : whether ordered to be used for goods, 20,
PASSENGER TRAIN :
merchandise in, how far governed by general conditions, 206.
perishables, conveyance of, by, 211.
PENALTY :
for contravention of sect. 14 of the Act of 1873. 85.
for contravention of sect. 33 of the Act of 1888. .96.
for transgressing Animals Order, 106.
PERISHABLES,
conveyance of, by passenger train, railway company to afford
facilities, 211.
charge for, as for 1 cwt., 211.
milk, minimum charge as for 12 gallons, 211.
classification of, 212.
maximum rates and charges for, 212.
POULTRY (DEAD) : conveyance of, by passenger train, 211, 212.
PROVISIONAL ORDERS OF BOARD OF TRADE. See MAXIMUM
RATES AND CHARGES.
as to rates and charges, 181.
Acts confirming, 179.
English companies :
general conditions, 183.
special provisions, 216.
short title, 181.
commencement of, 181.
interpretation, 181.
what companies may charge, 182.
general conditions, 182.
PRIVATE BRANCH RAILWAYS: jurisdiction of Railway and Canal
Commission over, 7.
See PRIVATE SIDINGS.
PRIVATE SIDINGS,
construction of, not ordered as facility for traffic, 22.
collection of trucks off, 24.
jurisdiction of Railway and Canal Commission over, 25.
provision of, 24.
facilities connected with, 24.
use of existing, ivt'u.-al to allow, may be undue preference, -'>.
relating to, 25.
GENERAL INI' 571
IMHVATi: STDTXGS row/
mailr undi'i- I; lihvuys Clauses Act, 1845 :
consent to, not revocable, 27.
enure for benefit of occupier, 27.
difference between, and sidings made under agreement, 27.
wrongful removal, 28.
presumption, where no evidence as to how siding made, 28.
charges for, power to make, reserved by Provisional Orders, 28.
rates from, no power to order dissection of, 90.
services rendered at, company may charge for, 189.
provided by company, rent for, 193.
QUARTER SESSIONS : power to complain to Railway and Canal
Commission, 9.
RABBITS (dead) : conveyance of, by passenger train, 211, 212.
RAILWAY : definition of, in general conditions, 205.
RAILWAY AND CANAL COMMISSION:
constitution of, 6.
status, 8.
jurisdiction :
generally, 7.
to order facilities, 15.
to enforce facilities under special Acts, 22.
private sidings, 25.
legality of charges, 31.
to restrain undue preference generally, 35.
under special Acts, 36.
to award damages, 36.
none to order how undue preference to be redressed, 38.
as .to group rates, 40.
reference to, under Board of Trade Arbitration Act, 1874. . 149.
as arbitrators, powers of, 150, 151.
RAILWAY AND CANAL TRAFFIC ACT, 1888. And see TABLE OF
STATUTES.
private sidings, 25.
legality of tolls, 31.
damages, power to award under, 36.
group rates, provisions as to, 40.
provisions as to classification and schedule, 91 95.
division of rates under sect. 33. .93.
through rates under, C4.
sect. 31, complaints to Board of Trade, 13.
how regarded by Board of Trade, 14.
undue preference, how affected by, 36 39.
sect. 33, charges at waterside wharf, dock charges within, 190.
572
GENERAL INDEX.
RAILWAY AND CANAL TRAFFIC ACT, 1854. And sec TABLE OP
STATUTES.
-sect. 2.. 15.
obligations imposed by, how interpreted, 16.
facilities, 15.
undue preference, 35.
through rates, 63.
sect. 7.. 132.
effect of, on special contracts, 135 et seq.
requirements of, 137.
RAILWAY COMMISSIONERS : transfer of jurisdiction to Railway
and Canal Commission, 7.
See RAILWAY AND CANAL COMMISSION.
RAILWAYS CLAUSES ACT, 1845. And see TABLE OF STATUTES.
what obligation under, to carry goods, 16.
provisions as to private sidings, 25.
equality clause, 32.
enforceable by action, 33.
how interpreted, 34.
of limited application, 34.
meaning of " tolls" in sect. 86. .80.
in sects. 93 to 95.. 79, 84, 97.
RATE BOOKS. See DIVISION or RATE.
jurisdiction as to, of Railway and Canal Commission, 7, 86.
and the division of rates, 84 et seq.
statutory obligations as to, 84.
obligation to keep, at stations, 85.
right of public to inspect, 85.
to take copies, 86.
notice of, to be published, 94.
each station must have its own, 86.
what to contain, 86.
" any place to which they book," meaning of, 86, 87.
division of rate in, power of Railway and Canal Commission to
order, 87.
person interested, who is, 87, 88.
reason for which information sought must be shown, 89.
through rates, division of, 89.
extent of jurisdiction, 90.
of rates from sidings, 90.
compliance with order as to, what is sufficient, 90.
for what rates order made, 92.
goods carried by sea, 92.
of traffic from sidings :
obligation of company to keep at nearest station, 96.
dissection of rates in, no power to order, 96.
GENERAL INDEX.
573
RATES. See CHARGES ; RATE BOOKS ; THROUGH RATES.
generally, 79 et seq.
jurisdiction of Railway and Canal Commission over, 7, 79.
group rates, 40.
equal mileage, unassailable, 44.
and tolls, distinction between, 79.
and charges, what are, 80.
under special contract, whether they can exceed maximum, 81.
special services, power to charge for, 82, 83.
statutory obligations, 83.
government duty, power to add, 83.
omission to set up milestones does not prevent recovery of, 84.
increase of, notice to be given by company, 95.
unpaid, lien of company for :
under Railways Clauses Act, 97.
at common law, 98.
under agreement, 99.
REFERENCE. See ARBITRATION.
RETURNED EMPTIES. See TRUCKS.
liability of carrier for, 105.
charges for :
generally, 202.
sacks, 203.
carboys, 203.
fish packages, 203.
brewers' (Ireland), 3.
ROUTE:
generally :
company not bound to consign by shortest, 82.
but must not unduly prefer alternative, 62, 82.
traffic not fairly treated as to, remedy of trader, 82.
for proposed through rate :
must be reasonable, 65, 72.
what considered reasonable, 72, 73.
not shortest, whether shows unreasonable delay, 111.
RUNNING POWERS:
companies exercising, by what schedule governed, 204.
SALE OF GOODS, POWER OF :
none under carrier's common law lien, 98.
often stipulated for by agreement, 99.
574
GENERAL INDEX.
SCHEDULE OF MAXIMUM RATES AND CHARGES. See MAXI-
MUM RATES.
English railway companies, 182.
how divided, 182.
general conditions, English companies, 182,
Scotch, 336.
Irish, 330.
carriage and conveyance, distinction between, 183, 184.
animals, English companies, 208.
Irish, 333.
Scotch, 344.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211.
small parcels by merchandise train, 214.
special provisions, English companies, 217 236.
Irish, 331.
Scotch, 346.
maximum rates and charges. See SPECIAL PBOVISIONS.
SCOTCH RAILWAYS : generally, 335. And see the particular railway
companies.
SEA, TRAFFIC BY. See STEAMBOAT.
division of rate for, 95.
Carriers Act does not apply to, 119, 123.
partly by, contract divisible, 123.
SERVICE TERMINALS :
maximum, what they are, 187.
when not chargeable, 188.
when trader may request to be allowed to perform, 187.
SHED OR BUILDING OF COMPANY : service terminal where load-
ing not in, 187.
SHIPPING ACCOMMODATION : charges for, not affected by Pro-
visional Orders, 202.
SHORT DISTANCE :
charges for, 197.
exceptions, 198, 199.
SIDINGS. See PRIVATE SIDINGS.
jurisdiction of Railway and Canal Commission over, 7.
rate books to be kept at nearest station, 96.
division of rate from, in rate book, no power to order, 96.
company may charge rent for, 193.
definition of, in Provisional Orders, 206.
(,KNKK \I. INDEX.
575
SMALL PARCELS :
by merchandise train, 214.
maximum charges for, 214.
if consignor declines to disclose contents, company may charge as
for class 6.
SOUTH EASTERN RAILWAY, PROVISIONAL ORDER OF :
to what other railways applicable, 318.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 319.
maximum rates and charges :
goods and minerals, 320.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211 .
small parcels by merchandise train, 214.
SPECIAL ACT:
obligations contained in, jurisdiction of Railway and Canal Com-
mission, 7.
facilities under, enforcement of, 22.
restraining undue preference, how enforced, 36.
meaning of, in Board of Trade Arbitration Act, 1874 . . 149.
in Traffic Acts, 150.
SPECIAL CONTRACT:
carriage of goods under, 81, 132.
rates, where carriage under, 81.
rates charged under, to be included in rate books, 85.
as to lien of carrier, 99.
as to liability of carrier, 106, 107, 132.
not affected by Carriers Act, 1830 . . 125.
when inferred from notice, 126.
restrictions imposed by sect. 7 of Traffic Act, 1854 . . 132.
extent of enactment, 134.
does not apply to warehousing, 134.
traffic by sea, 134.
injury by neglect or default, what is, 135.
applies to animals not mentioned, 135.
all parts of section to be read together, 136.
reasonable conditions, 137.
unreasonable conditions, 139.
writiog what sufficient, 141.
signature when binding, 142.
alternative rates, 137.
576
GENERAL INDEX.
SPECIAL CONTRACT continued.
meaning of terms in :
owner's risk, 142.
wilful misconduct, 142.
loss, detention, or injury, 143.
negligence, 143.
gross negligence, 144.
SPECIAL PROVISIONS :
English railways, 217 236.
Irish railways, 331.
Scotch railways, 346.
SPECIAL SERVICES :
at request of trader, what company may charge for, 189.
notice from trader that he does not require, 189.
STATION :
establishment of, at particular place not ordered, 22.
facilities to be afforded at, vary with traffic, 23.
delivery at particular, may be unreasonable, 20, 23.
passenger, not ordered to be used for goods, 20, 23.
obligation to keep rate books at, 85.
to provide appliances for unloading and delivery in-
volved in contract of carriage, 109, 110.
terminal, what it includes, 187.
terminals, definition of, 205.
STATION TERMINAL :
maximum, what it includes, 187.
definition of terminal station, 205.
controversy as to, 184.
STEAMBOAT COMPANIES : right of railway companies to select
between, 56.
STEAMBOATS, TRAFFIC IN :
jurisdiction of Railway and Canal Commission, 7.
extension of enactments as to undue preference to, 39.
through rates for, when they can be applied for, 66, 76 78.
extension to, of enactments as to division of rates, 92.
traffic partly by sea, division of rate for, 95.
STEAMSHIPS. See STEAMBOATS.
STONE: measurement weight, how determined, 201.
STOPPAGE IN TRANSITU:
right of, 'when it arises, 108.
remains where refusal to take delivery, 108.
when it terminates, 108, 109.
action on, founded in tort, 109.
GENERAL INDEX. 577
STRUCTURAL ACCOMMODATION": provided for trader, rent for,
193.
TAFF VALE RAILWAY, PROVISIONAL ORDER OF :
other railways included in, 322.
general conditions (similar to L. & N. W. Ry. Co.), 182.
special provisions, 323.
maximum rates and charges :
goods and minerals, 324.
animals, 208.
carriages, 209.
exceptional class, 210.
perishables by passenger train, 211,
small parcels by merchandise train, 214.
TERMINAL STATION :
not to be included in mileage, 195.
definition of, 205.
THROUGH BOOKING :
whether reasonable facility, 21.
effect of Act of 1854 as to, 66.
what company liable for injury to goods, 107.
THROUGH RATES, 63 et seq.
jurisdiction of Railway and Canal Commission, 7, 64.
whether local authority can propose, 1 1 .
person proposing must complain to Board of Trade of unfair
charges, 14, 64.
included in term facilities, 64.
proposed, notice to be given to company, 64.
counter notice by company, 64.
default in giving, 65.
reference to Railway and Canal Commission, 65.
what may be taken into consideration, 65.
apportionment, 65.
rate decreed not to be less than existing mileage rates by another
route, 66, 71.
but may be less than the maximum, 66, 70.
extension of provisions as to, to traffic by sea, 66.
costs in cases of, 66.
right of trader as to, under Act of 1854 . . 66.
alteration made by Act of 1888 .. 67.
proposal of, by railway company, 67, 68.
by trader, 69.
conditions on which proposed rate granted, 70.
D. P P
578
GENERAL INDEX.
THROUGH HATES continued.
"between the same points," meaning of, 71.
no primd facie case for low charges, 71.
competitive rate, 71.
through toll granted without annexing through rate, 71.
for " owner's waggons " where rate for " company's waggons "
existing, 72.
power of Commission to allow rate different to that proposed,
65, 72.
route proposed, effect on through rate, 72.
must be reasonable, 65, 72.
what is reasonable, 72, 73.
agreements between companies, how they affect, 73, 74.
statutory rights not to be interfered with, 71.
apportionment of, 65, 75.
what to be considered in, 75.
general rule, 75.
terminals, 76.
special circumstances, 76.
traffic by sea :
when through rates may be applied for, 66, 76.
an arrangement for using steam vessels, what is, 77.
effect of existence of an arrangement, 77.
who may apply for, 77, 78.
to be shown in rate books, 86.
TIMBER :
measurement weight, how determined, 201.
pieces of less than four tons not in exceptional class, 210.
TOLLS :
in equality clause of Act of 1815 includes rates, 34.
defined by Railways Clauses Act, 1845 . . 79.
and rates, distinction between, 79.
meaning of word, 79.
in Railways Clauses Act, 1845, sect. 97 . . 97.
not affected by provisional orders as to rates and charges, 80.
unpaid lien of railway company for :
under Railways Clauses Act, 97.
at common law, 98.
by agreement, 99.
TRADER :
association of traders may complain to Railway and Canal Com-
mission, 9.
certificate to be obtained by, 9.
conditions which may be imposed, 10.
GENERAL INDEX. 579
TRADER continued.
when, may perform terminal service, 187.
notice by, that he does not require special service, 189.
empty trucks of, 204.
definition of, 205.
TRANSHIPMENT : between railway companies having different gauge,
194.
TROOPS : obligation to carry, 16.
TRUCK LOAD : when company may charge as for minimum, 199.
TRUCKS :
when company justified in refusing to supply, 56.
detention of, for coals carried in them, 97.
provision of, when included in conveyance rate, 185.
for what traffic company not bound to provide, 185, 186.
reduction of rate where company do not provide, 186.
merchandise in separate, when trader may perform terminal ser-
vice, 187.
detention of :
by trader, company may charge for, 190.
by company, trader may recover demurrage for, 193.
charges for use of, 194.
not provided in North Eastern or Scotch schedules, 194 n.
traders', returned empty, 204.
forwarded for loading, 204.
UMPIRE :
appointment of, by arbitrators, 153.
by Court, 154.
UNDUE PREJUDICE. See UNDUE PBEFEBENOE.
UNDUE PREFERENCE :
jurisdiction of Railway and Canal Commission, 7.
prohibition against, 15, 16, 35.
how enforced, 35.
generally, 3562.
charges constituting, not recoverable in High Court, 35.
even after decision of Railway Commission, 36.
special Acts restraining, how enforced, 36.
damages in cases of, 36.
onus of proof, 36.
questions to be considered in cases of, 37, 38.
no higher charge for less than greater distance, 37.
effect of Act of 1888 on, 3739.
Court cannot order how to be redressed, 38.
580
GENERAL INDEX.
UNDUE PREFERENCE continued.
undue reduction, 38.
public interest to be considered, 37.
what is meant by, 38.
goods carried by sea, 39.
group rates, 40.
measure of, different in cases of group rates, 41.
limitation to railway traffic, 42.
off the railway, 42.
goods consigned to carrier, 43.
allowances, 43.
traffic more easily worked, 43, 44.
equal mileage rate, 44.
gradients, 44.
long and short distance traffic, 45.
largest profit on largest rate shifts onus of proof, 45.
guarantee of quantity of traffic, 46.
full train loads, 47.
greater weight in trucks, 47.
improved rolling stock, 47.
certainty of back loads, 47.
agreement to use one railway only, 47.
preference to obtain traffic, 48.
advantages of position, 48.
competition may be considered, 48.
preference by company of themselves, 49, 60, 61 .
refusal to admit vans of carrier to station, 49, 50.
excluding carrier from competing in delivery of goods, 49, 50.
profit, question of, immaterial, 49.
preference of agent, 50, 60, 61.
cost of cartage, 50, 61, 62.
how long obligation of equal treatment lasts, 51.
orders to deliver goods to private carrier, whether company bound
by, 52, 53, 54, 61.
ledger account, refusal to allow, 55.
waggons, refusal to supply, 56.
rival steamship companies, right to select between, 56.
cabs and omnibuses, admittance to station yard, 57.
damage must be shown to sustain case of, 57.
dock companies and harbour boards, special power to complain
of, 58.
difference in charges, 58.
distances, 59.
refusal to allow use of siding, 59.
gratuitous services, 59.
rebates, 59, 60, 61.
different treatment at different towns, 60.
GENERAL INDEX. 581
UNDUE PREFERENCE confined.
variations from published tariff, 60.
competing articles, 60.
land near station, monopoly of, 60.
alternative routes, 62.
arbitrary limits of weight, 62.
VEGETABLES : conveyance by passenger train, 211, 212.
WAGGONS : See TRUCKS ; UNDUE PREFERENCE.
WAREHOUSE :
under Carriers Act, 1830, notice to be posted up at, 120.
what is, 126.
accommodation, power of company to charge for, 158.
WAREHOUSEMAN :
carrier cannot charge as, when detaining goods under common
law lien, 98.
liability of carrier when exchanged for that of, 111, 112.
liability of, 112.
care of the goods, 112.
obligation to deliver, 114.
conversion by, measure of damages for, 114.
sect. 7 of Traffic Act, 1854, does not apply to company acting as,
134.
WATERSIDE WHARF :
power of company to charge for accommodation at, 190.
charges at, to be considered dock charges, 191.
WEIGHING MERCHANDISE : power of company to charge for, 190.
WEIGHT :
of merchandise, how determined, 200.
stone, 200.
timber, 201.
WILFUL MISCONDUCT :
Carriers Act no protection against, 128.
in special contract, what amounts to, 142.
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November, 1892
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ACT, 1887. With Introduction, Explanatory and Practical Notes.
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COMMON LAW. Ball's Short Digest of the Common Law; being
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CONVEYANCING. Dart. Vide "Vendors and Purchasers."
Greenwood's Manual of Conveyancing. A Manual of the
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Eighth Edition. Edited by HABRY GREENWOOD, M.A., LL.D., Esq.,
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Morris's Patents Conveyancing. Being a Collection of Precedents
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Turner's Duties of Solicitor to Client as to Partnership Agree-
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TUENEB, Solicitor, Lecturer on Real Property and Conveyancing,
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CONVICTIONS. Paley's Law and Practice of Summary Con-
victions. Seventh Edition. By W. H. MACNAMABA, Esq., Bar-
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COPYRIGHT. Slater's Law relating to Copyright and Trade
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ment. By JOHN HEEBEET SLATEE, Esq., Barrister- at- Law. 8vo.
1884. 18s.
CORONERS. Jervis on the Office and Duties of Coroners.
The Coroners Act, 1887. With Forms and Precedents. By R. E.
MELSHEIMEE, Esq., Barrister-at-Law. Being the Fifth Edition of
" Jervis on Coroners." Post 8vo. 1888. 10s. <W.
"The present edition will hold the place of that occupied by its predecessors, and
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CORPORATION DUTY. Jackson's Corporation Duty: Its His-
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and Extension of the Act imposing the same. By MOETON STBODK
JACKSON, of the Inland Revenue. Royal 12mo. 1892. It. 6d.
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COSTS. Morgan and Wurtzburg's Treatise on the Law of Costs
in the Chancery Division. Second Edition. With Forms and
Precedents. By the Rt. Hon. GEOEOE OSBOENE MOEOAN, Q.C., and
E.A.Wi7BTZBT7BG,Esq.,Barrister-at-Law-. DeinySvo. 1882. 11. Ws.
Summerhays and Toogood's Precedents of Bills of Costs in
the Chancery, Queen's Bench, Probate, Divorce and Ad-
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Bankruptcy ; Lunacy ; Arbitration ; the Mayor's Court ; the County
Courts ; the Privy Council, &c., &c. By WM. FEANX SUMMEEHAYS,
and THOENTON TOOOOOD, Solicitors. Sixth Edition. By THOENTON
TOOOOOD, Solicitor. Royal 8vo. 1889. II. 8s.
Summerhays and Toogood's Precedents of Bills of Costs in
the County Courts. Royal 8 vo. 1889. 5s.
Scott's Costs in the High Court of Justice and other Courts.
Fourth Edition. By JOHN SCOTT, of the Inner Temple, Esq.,
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Webster's Parliamentary Costs. Private Bills, Election Petitions,
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COUNTY COURTS. The Annual County Court Practice,
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Rules, Forms aiid Costs, with Full Alphabetical Index to Official
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COVENANTS, Hamilton's Law of Covenants. A Concise Treatise
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Temple, Esq., Barrister-at-Law. Demy 8vo. 1888. 7s. 6d.
" A handy volume written with clearness, intelligence, and accuracy, and will be
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CRIMINAL LAW. Archbold's Pleading and Evidence in Criminal
Cases. "With the Statutes, Precedents of Indictments, &c., and the
Evidence necessary to support them. Twenty-first Edition. By
WILLIAM BRUCE, Esq., Stipendiary Magistrate for the Borough of
Leeds. Royal l'2mo. (In the press,)
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Law. Crown 8vo. 1880. 7,y. 6d.
Mews' Digest of Cases relating to Criminal Law from 1756 to
1883, inclusive. By JOHN MEWS, assisted by C. M. CHAPMAN,
HARRY H. W. SPARHAM, and A. H. TODD, Barristers-at-Law. Royal
8vo. 1884. II. is.
Roscoe's Digest of the Law of Evidence in Criminal Cases.
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NEDY, Esqrs., Metropolitan Magistrates. DemySvo. 1890. ll.lln.6d.
" To the criminal lawyer it is his guide, philosopher and friend. What Roscoe says
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tion. By SAMUEL PRENTICE, Esq., one of Her Majesty's Counsel,
3 vols. Royal 8vo. 1877. ol. lo*. 6d.
Shirley's Sketch of the Criminal Law. By "W. S. SHIRLEY, Esq.,
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students." Law Students' Journal.
Warburton. Vide " Leading Cases." Thring. Vide "Navy."
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DIARY. Lawyer's Companion (The), Diary, and Law Directory
for 1893. For the use of the Legal Profession, Public Companies,
Justices, Merchants, Estate Agents, Auctioneers, &c., &c. Edited
by EDWIN LAYMAN, B.A., of the Middle Temple, Esq., Barrister-at-
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to which is added a complete List of Law Reports, with their Abbre-
viations. Third Edit. By HENRY G. RAWSON and JAMKS V. 1 ,' KMNANT,
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DIGESTS. Chitty's Index to all the Reported Cases decided in the
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House of Lords, with a selection of Irish discs, on or relating to the
Principles, Pleading 1 , and Practice of Equity and Bankruptcy from
the earliest period. Fourth Edition. Wholly Revised, Re- classified,
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Dale and Lehmann's Digest of Cases, Overruled, Not Followed,
Disapproved, Approved, Distinguished, Commented on and
specially considered in the English Courts from the Year
1756 to 18 86 inclusive, arranged according to alphabetical order of
their subjects ; together with Extracts from the Judgments delivered
thereon, and a complete Index of the Cases, in which are included
all Cases reversed from the year 1856. By CHAS. WM. MITCALFE DALE,
and RUDOLF CHAMBERS LEHMANN, assisted by CHAS. H. L. NEISH, and
HERBERT H. CHILD, Barristers- at-Law. Royal 8vo. 1887. (Pub-
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upon it by the compilers." Law Journal.
Fisher's Digest of the Reported Decisions of the Courts of
Common Law, Bankruptcy, Probate, Admiralty, and Divorce
together with a Selection from those of the Court of Chancery
and Irish Courts from 1756 to 1883 inclusive. Founded on Fisher's
Digest. By J. MEWS, assisted by C. M. CHAPMAN, H. H. W. SPARHAM,
and A. H. TODD, Barristers-at-Law. 7 vols. Roy. 8vo. 1884. (Pub-
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Mews' Consolidated Digest of all the Reports in all the Courts,
for the Years 1884-88 inclusive. By JOHN MEWS, Barrister-at-
Law. Royal Svo. 1889. (Published at II. lls.Gd.) Reduced to net, 15s.
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Talbot and Fort's Index of Cases Judicially noticed (1865 1890);
being 1 a List of all Cases cited in Judgments reported in the " Law
Reports," "Law Journal," "Law Times," and "Weekly Re-
porter," from Michaelmas Term, 1865 to the end of 1890, with the
places where they are so cited. By GEORGE JOHN TALBOT and
HUGH FORT, Barristers-at-Law. Royal Svo. 1891. 25*.
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tool is to be used is this, you find a case that appears to decide the question you have
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or confirmed. You turn to the name of the case, given in large type in this work, and
you find following it in smaller type the names, references to reports, and dates of
every reported case since 1865 in the judgments of which, it has been in any way
noticed." Solicitors' Journal.
"Talbot and Fort is forthwith established in our revolving bookcase side by side
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DISCOVERY. Sichel and Chance's Discovery. The Law relating
to Interrogatories, Production, Inspection of Documents, and Dis-
covery, as well in the Superior as in the Inferior Courts, together with
an Appendix of the Acts, Forms and Orders. By WALTEE S. SICHEL,
and WILLIAM CHANCE,Esqrs.,Barristers-at-Law. Demy bvo. 1883. 12*.
DISTRESS. Oldham and Foster on the Law of Distress. A
Treatise on the Law of Distress, with an Appendix of Forms, Table
of Statutes, &c. Second Edition. By AETHUE OLDHAM and A. LA.
TEOBEFOSTEE, Esqrs., Barristers-at-Law. Demy 8vo. 1889. 18s.
"Thia is a useful book, because it embraces the whole range of the remedy by dis-
tress, not merely distress for rent, but also for damage feasant, tithes, poor and highway
rates and taxes, and many other matters." Solicitors' Journal.
DIVORCE. Browne and Powles' Law and Practice in Divorce
and Matrimonial Causes. Fifth Edition. By L. D. POWLES, Esq.,
Barrister-at-Law. Demy 8vo. 1889. II. 6s.
"The practitioner's standard work on divorce practice." Law Quarterly Review.
DOGS. Lupton's Law relating to Dogs, By FEEDEEICK LUPTON,
Solicitor. Royal 12mo. 1888. o,.
** Within the pages of this work the reader will find every subject connected with the
jaw relating to dogs touched upon." Law Times.
EASEMENTS. Goddard's Treatise on the Law of Easements.
BY JOHN LEYBOUEN GODDAED, Esq., Barrister-at-Law. Fourth
Edition. Demy 8vo. 1891. 11. Is.
" An indispensable part of the lawyer's library." Solicitors' Journal.
** The book is invaluable : where the cases are silent the author has taken pains to
ascertain what the law would be if brought into question." Law Journal.
"Nowhere has the subject been treated so exhaustively, and, we may add, so
BLsntifically, as by Mr. Goddard. We recommend it to the most careful study of the
lav student, as well as to the library of the practitioner." Law Times.
Innes' Digest of the English Law of Easements. Fourth Edition.
By L. C. INNES, lately one of the Judges of Her Majesty's High
Court of Judicature, Madras. Royal 12mo. (In the press.)
EASTERN QUESTION. Holland's European Concert in the
Eastern Question. A Collection of Treaties and other Public
Acts. Edited, with Introductions and Notes, by T. E. HOLLAND,
D.C.L. 8vo. 1885. 12*. Qd.
ECCLESIASTICAL LAW. Phil limore's Ecclesiastical Law of the
Church of England. With Supplement. By the Right. Hon. Sir
ROBEET PHITJ.TMOEE, D.C.L. 2 vols. 8vo. 1873-76. (Publish.-,!
at 3f. 7*. 6rf.) Reduced to net, ll. 10s.
Whitehead. ride " Church Law."
ELECTION IN EQUITY. Sen-ell's Equitable Doctrine of
Election. By GEOEQE SEEEELL, M.A., LL.D., Esq., Barrister-at-
Law. Royal 12mo. 1891.
"The work is well executed, and will be of service to all who desire to master the
doctrine of election." Law Journal.
ELECTIONS. Hedderwick's Parliamentary Election Manual: A
Practical Handbook on the Law and Conduct of Parliimit nt.-ny Elec-
tions in Gre;it Britain and Ireland, designed for the Instruction and
Guidance of Candidates, Election Agents, Sub- Agents, Polling and
Counting Agents, Canvassers, Volunteer Assistants, and Mnnl>rrs <>f
Political Clubs and Associations. By T. C. H. HEDDEBWICZ, i
Barrister-at-Law. Demy 12mo. 1892. 7s. dd.
**Ol<Nir and ell arranged." Law Quarterly Kevif.tr, April, iv.i-j.
"The book may bo nM-onimnnli' 1 * concise, well arranged, practical, and likely to
be of Hcrvio* to any one who consults it." The Scottman.
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ELECTIONS continued.
Rogers on Elections. In two parts.
Part I. REOiSTRATiON,inrlu<l in g the Practice in Registration Appeals;
Parliamentary, Municipal, and Local Government ; \\ith Apj ndircs
of Statutes, Orders in Council, and Forms. Fifteenth K<liti<m. 33j
MAURICE POWKLT,. Ksq., K-irrtNter-at-Law. Royal 12mo. 1890. 11. If. i
" The practitioner will fiml within these covers everything which he can be expected
to know, well arranged and carefully stated." Law Times.
Part II. ELECTIONS AND PETITIONS. Parliamentary, "Municipal, and
Local Government, with Appendix of Statutes ami !' >rms. Sixteenth ;
Edition. By SAMUEL H. DAY, Esq., Barrister-at-L:iw. Royal 12mo.
1892. u. i,. ]
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Law Timt-n, April 9. 1S<f_>.
" A very satisfactory treatise on election law .... well arranged, and tersely :
expressed." Solicitors' Journal.
ELECTRIC LIGHTING. Bazalgette and Humphreys. Yid*
"Local and Municipal Government."
Cunynghame's Treatise on the Law of Electric Lighting, with
the Acts. Rules and Orders, a Model Provisional Order, and Forma. By
HENKY CUNYNGHAME, Barrister-at-Law. Royal 8vo. 1883. 12a. 6/f. ,
ELEMENTS OF LAW. Markby's Elements of Law. Fourth
Edition. Demy 8vo. 1889. 12*. 6rf.
EQUITY, and Vide CHANCERY.
Chitty's Index. Vide "Digests."
Kerly's Historical Sketch of the Equitable Jurisdiction of the
Court of Chancery. Being the Torke Prize Essay for 1889. By
D. M. KEELY, M. A., St. John's College. Demy 8vo. 1890. 12. 6rf.
Mews' Digest. Vide" Digests."
Serrell. Vide "Election in Equity."
Seton's Forms of Judgments and Orders in the High Court of
Justice and in the Court of Appeal, having especial reference to
the Chancery Division, with Practical Notes. Fifth Edition. Bj
CECIL C. M. DALE, Esq., Barrister-at-Law, and W. CLOWES, Esq.,
a Registrar of the Supreme Court of Judicature. In 2 vols. Royal
8vo. Vol. I. 1891. 27.
" We have no fault to find with the trentm^nt of either editor. Seton in its new gulae
i well up to the rhuracter which it has for so many y;n -s su^iincd of being the best
book of forms of judgment which is known on the north side of the Strand." LawTimes.
Smith's Manual of Equity Ju n: sprudence. A Manual of Equity
Jurisprudence for Practitioners and Students, founded on the Works
of Story, Spence, and other writers, comprising the Fundamental
Prin< iples and the points of Equity usually occurring in General
Practice. By JOSIAH W. SMITH, Q.C. Fourteenth Edition. By J.
TRrsTHAM, L'L.M., Esq., Barrister-at-Law. 12mo. 1889. 12*. 6rf. ;
" Still holds its own as the most popular first book of equity jurisprudence, and one
which every student must of necessity read." Law Jonr/mi.
" It will be found as useful to the practitioner as to the student." Solicitors' Journal.
Smith's Practical Exposition of the Principles of Equity, illus-
trated by the Leading Decisions thereon. For the use of Students
and Practitioners. Ser-ond Edition. By H. ARTHTTB SMITH, M.A.,
LL.B., Esq., B:irrister-af-Law. Demy 8vo. 1 '2 Is.
"This excellent practical exposition of tho principles of equity is a work one caa
well recommend to studf-nts eithf-r for the kir or Die exinimiutimis f the Incorporated
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Demy 8vo. 1884. 18s.
" A useful repository of the case law on the subject." Law Journal.
EXAMINATION GUIDES. Bedford's Digest of the Preliminary
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Haynes and Nelham's Honours Examination Digest, comprising
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Practice asked at the Solicitors' Honours Examinations, with Answers
thereto. By JOHN F. HATCTES, LL.D., and THOMAS A. NELHAM,
Solicitor (Honours). Demy 8vo. 1883. 15s.
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Napier & Stephenson's Digest of the Subjects of Probate,
Divorce, Bankruptcy, Admiralty, Ecclesiastical and Criminal
Law necessary to be known for the Final Examination, done into
Questions and Answers. With a Preliminary Chapter on a Course of
Study for the above Subjects. By T. BATEMAN NAPIEB and EJCHAKD
M. STEPHENSON, Esqr.s., Barristers- at-Law. Demy 8vo. 1888. 12*.
Napier & Stephenson's Digest of the Leading Points in the Sub-
ject of Cri m i nal Law necessary to be known for Bar and University
Law Examinations. Done into Questions and Answers. By T.
BATEMAN NAPIER and RICHARD H. STEPHENSON, Esqrs., Banisters-
at-Law. Deiny 8vo. 1888. 5*.
" "We commend the book to candidates for the Bar and UniTersity Legal Examina-
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Shear-wood's Guide for Candidates for the Professions of
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WOOD, Esq., Barrister-at-Law. Demy 8vo. 1887. 6*.
" A practical Little book for students." Law Quarterly Review,
EXECUTIONS. Edwards' Law of Execution upon Judgments
and Orders of the Chancery and Queen's Bench Divisions
of the High Court of Justice. By C. JOHNSTON EDWAEDS, Esq.,
Barrister-at-Law. Demy 8vo. 1888. UV.
" Very useful, especially to nolici tors. . . . In addition to the other good points in this
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EXECUTORS. Macaskie's Treatise on the Law of Executors
and Administrators, and of the Administration of the Estates of
Deceased Persons. With an Appendix of Statutes and Forms. By
S. C. MACASKIE, Esq., Barriater-at-Law. 8vo. 1881. 10s. 6rf.
Williams' Law of Executors and Administrators. Ninth Edition.
By the Hon. Sir ROLAND VAITGHAN WILLIAMS, a Justice of the High
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EXTRADITION. Kirchner's L'Extradition. Recueil Renfermarit in
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Nations civilisees, et donnant la solution precise des difficult^ <iui
peuvent sur^ir dans leur application. Av60 mui Preface do M p
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les auspices de M. C. E. HOWAIID VIN> ::vi\ Dircctcnir des Affaires
Criminelles de la Police Mrln>p<>lit;iiii<> do Londrcs. Pur F. J.
KIECHNEE, Attache a la Direction des Affaires Criminelles. In 1
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FACTORS ACTS. Neish & Carter's Factors Act, 1889: with
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piidan.ee of Mercantile Men. By CHARLES H. L. NEISH and A. T.
CAETEE, Esqrs., Barristers -at -Law. Royal 12mo. 1890. 4*.
FARM, LAW OF. Dixon's Law of the Farm: including the Cases
and Statutes relating 1 to the subject ; and the Agricultural CuatomH
of Eugland and Wales ; together with the Small Holdings Act, 1892.
Fifth Edition. By AUBEBY J. SPENCEE, Esq., Barrister-at-Law.
Demy 8vo. 1892. 'JG.s.
" It is impossible not to be struck with the extraordinary research that must hare
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FIXTU RES. Amos and Ferard on the Law of Fixtures and other
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" An accurate and well written work." Saturday Review.
FORMS. Archibald. Vide " Chamber Practice."
Bullen and Leake. Kicfe "Pleading."
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Division of the High Court of Justice. Twelfth Edition. ByT.
W. CHITTY, Esq., Barrister-at-Law. Demy 8vo. 1883. ' II. 18*.
" Brief and clear, and the notea accurate and to the point." Law Journal.
Daniell's Forms and Precedents of Proceedings in the Chan-
cery Division of the High Court of Justice and on Appeal
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Supreme Court, Practical Notes and References to the Sixth Edition
of "Daniell's Chancery Practice." By CHAELES BUENEY, B.A. (Oxon.),
a Chief Clerk of the Hon. Mr. Justice Chitty. Royal 8vo. 1885. 2/.10*.
" Mr. Burney appears to have performed the laborious task before him with great
success." Law Journal.
" The standard work on Chancery Procedure." Law Quarterly Review.
FRAUD AND MISREPRESENTATION. Moncreiffs Treatise
on the Law relating to Fraud and Misrepresentation. By
the Hon. FKEDEEICK MONCREIFF, of the Middle Temple, Barrister-
at-Law. Demy 8vo. 1891. 21s.
"The task which Mr. MoncroifF has undertaken has been handled carefully and
with considerable ability, and the work will well repay perusal." Solicitors' Journal.
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GOODWILL Allan's Law relating to Goodwill. By CHABLES E.
ALLAN,M.A.,LL.B., Esq., Barrister-at-Law. Demy8vo. 1889. 7t.6d.
" A work of much value." Solicitors' Journal.
HIGHWAYS. Baker's Law of Highways in England and Wales,
including 1 Bridges and Locomotives. Comprising a succinct Code of
the several Provisions under each Head, the Statutes at length in an
Appendix ; with Notes of Cases, Forms, and copious Index. By
THOMAS BAKEE, Esq., Barrister-at-Law. Royal 12mo. 1880. 15*.
Bazalgette and Humphreys. Tide " Local and Municipal Govern-
ment."
Chambers' Law relating to Highways and Bridges, being the
Statutes in full and brief Notes of 700 Leading Cases. By GEOBOE
F. CHAMBEBS, Esq., Barrister-at-Law. 1878. It. 6d.
HOUSE TAX. Ellis' Guide to the House Tax Acts, for the use of
the Payer of Inhabited House Duty in England. By ABTHTJB
M.ELLIS, LL.B. (Lond.), Solicitor, Author of "A Guide to the
Income Tax Acts." Royal 12mo. 1885. 6.
" We have found the information accurate, complete and very clearly expressed."
Solicitor? Journal.
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HUSBAND AND WIFE. Lush's Law of Husband and Wife;
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By C. MONTAGUE LUSH, Esq., Barrister-at-Law. 8vo. 1884. 20a.
"Mr. Lush has one tiling to recommend him most strongly, and that is his accuracy."
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INCOME TAX. Ellis' Guide to the Income Tax Acts. For the use
of the English Income Tax Payer. Second Edition. By ARTHUR
M. ELLIS, LL.B. (Lond.), Solicitor. Royal 12mo. 1886. 7s. 6d.
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INDIAN LAW. Wilson's Tables showingthe Differences between
English and Indian Law. By Sir ROLAND KNYVET WILSON, Bart.,
M.A., LL.M. Demy 4to. 1890. net, Is.
INLAND REVENUE CASES. Highmore's Summary Proceed-
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Solicitors' Department, Inland Revenue. Roy. 12mo. 1887. Is.&d.
*' Is very complete. Every possible information is given." Law Times.
INSURANCE. Arnould on the Law of Marine Insurance. Sixth
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Royal 8vo. 1887. 3J.
" As a text book, 'Arnould ' is now all the practitioner can want." Law Times.
Lowndes' Practical Treatise on the Law of Marine Insurance.
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McArthuron the Contract of Marine Insurance. Second Edition.
By CHARLES Me ARTHUR, Average Adjuster. Demy Svo. 1890. 16*.
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Nelson's Private International Law. Selected Cases, Statutes, and
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Twiss's Law of Nations considered as Independent Political
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Chitty, Editor of "Daniell's Chancery Forms;" M. MUIR MACKENZIE,
and C. A. WHITE, Esqrs., Barristers-at-Law. Roy. 8vo. 1888. 11.
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LEASES. Lely and Peck's Precedents of Leases for Years,
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LELY and W. A. PECK, Barristers-at-Law. Royal 8vo. 1889. 10s. 6d.
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LEXICON. Vide "Dictionary."
LIBEL AND SLANDER. Odgers on Libel and Slander. A
Digest of tho Law of Libel and Slander : the Evidence, Procedure
and Practice, both in Civil and Criminal Cases, and Precedents of
Pleadings. Second Edition, with a SUPPLEMENT, bringing the Law
down to June, 1890. By W. BLAKE ODGERS, LL.D., Barrister -at -
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LIBRARIES AND MUSEUMS. Chambers' Digest of the Law
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By GEO. F. CHAMBERS, Esq., Barrister-at-Law. Roy. Svo. 1889. Si.6d.
LICENSING. Lely and Foulkcs' Licensing Acts, 1828, 1869,
and 1872 1 874 ; with Notes to the Acts, a Summary of the Law,
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I. FOULKES, Esqrs., Barristers-at-Law. Roy. 12mo. 1887. 10*. 6d.
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MARRIED WOMEN'S PROPERTY. Lush's Married V/omen's
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MASTER AND SERVANT. Macdonell's Law of Master and
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MUNICIPAL CORPORATIONS. Bazalgette and Humphreys.
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NISI PRIUS. Roscoe's Digest of the Law of Evidence on the
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NOTARY. Brooke's Treatise on the Office and Practice of a
Notary of England. With a full collection of Precedents. Fifth Ed.
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OATHS. Stringer's Oaths and Affirmations in Great Britain and
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PARTNERSHIP. Pollock's Digest of the Law of Partnership;
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PATENTS. Edmunds' Patents, Designs and Trade Marks Acts,
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Src. With Dissertations and Copious Notes on the Law and Practice.
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PERPETUITIES. Marsden's Rule against Perpetuities. A
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Law. Part I. Statements of Claim. Royal 12mo. 1882. 11. 4s.
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Odgers' Principles of Pleading in Civil Actions under the
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DemySvo. 1892. 8*. Gd.
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POISONS. Reports of Trials for Murder by Poisoning; by
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at-Law, and C. G. STEWABT, Senior Assistant in the Laboratory of
St. Thomas's Hospital, &c. Demy Svo. 1883. 12s. Gd.
POWERS. Farwel I on Powers. A Concise Treatise on Powers.
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PRESCRIPTION. Herbert's History of the Law of Prescription
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PROBATE. Powles and Oakley's Probate Practice: TheLawand
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QUARTER SESSIONS. Archbold. rfe "Criminal Law."
RAI LWAYS. Browne and Theobald's Law of Railway Com-
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Cases decided thereon, and Appendix of Bye-Laws and Standing
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Law. Royal 8vo. 1889. 10s. 6d.
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Smith's Real and Personal Property. A Compendium of the Law
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