Lav 
 
 Vai 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 hibli.sliirs, 
 
 N. we. 
 
 tl <-<tin:niin!(-ati<iiis 
 itiirc siij>|ilii'(l. 
 
 \cu.h\ BoiikbiiuUiig 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 RAILWAY 
 
 Unu„ — Q J. , f With the Law 
 
 applicable thereto, and the General Orders, Forms, Table of Fees 
 Statutes, together with all the cases down to the present time, &e. 
 
 By Hubert Gordon Junncr, />•*/•> l^'irristcr-at-Lau\ 
 
 ABSTRACTS OF TITLE. 
 Just Pnl/lislii'il, jiilri- lOx. (j<L 
 
 I NSTRUCTIOXS l'< > 1 { 1 ' I ' I! I ' A 1! 1 X ( ; A I '.STR ACTS 
 OF TITLES 
 
 After the most improved system of eminent eonveyancers, to which 
 is addinl a collection of precedents. 
 
 7/'/ ll( iinj Mndi'f^ ^''•"'l-) '^olfitiir. 
 :?pl . .|>ti..!i with .-..iiMi.l.TaM"' .iltenitiuri"^. I'Jmo, ]s~:{.
 
 WILDY .t SONS, LINCOLN'S INN ARCHWAY. 
 
 PATENT LAW. 
 
 SJiortlt/ ivill be Ful)lif<Jti'(L 
 
 TITK LAW AND PRACTICE RELATING TO 
 
 LETTERS PATENT FOR INVENTIONS, 
 
 % W. Aiiiu'iv, IJsq., of Lincohi's Iiiii, Barrider-at-Law. 
 
 COPYHOLDS AND CUSTOMS. 
 
 ShorUij will he PiihllshoL 
 
 A TREATISE ON THE LAW OF COPYHOLD AND 
 CUSTOMARY TENURE, 
 
 B'l Charles Issac Elton, Esq., Barrister-at-Law. 
 
 ELTON'S TREATISE ON COMMONS AND WASTE 
 LANDS, 
 
 ^\^ith special reference to the Law of Approvements. 
 18G8, 12mo, cloth, price 10s. 
 
 THE TENURES OF KENT, 
 
 Bt/ Charles Issac Elton, Esq., Barrister-at-Law. 
 1867, Royal 8 vo, price 26s. 
 
 ROMAN LAW. 
 
 Just jUihUshed, 2)rice ir>.s\ cluth. 
 DE JURE PERSONARU'M; 
 
 OK, 
 
 A TREATISE ON THE ROMAN LAW OF PERSONS: 
 
 Intended for Students preparing for Examination, 
 
 r,,j W. IT. Itattigan, Esq., Barristcr-at-Law .
 
 THE PRACTICE 
 
 BEFORE 
 
 THE RAILWAY COMMISSIONERS 
 
 UNDER 
 
 "THE REGULATION OF RAILWAYS ACT, 1873." 
 
 WITH THE LAW APPLICABLE THERETO, AND THE 
 
 GENERAL ORDERS, FORMS, TABLE 
 
 OF FEES, STATUTES, &c. 
 
 BY R. GORDON JUNNER, ESQ., 
 
 OF THE MIDDLE TEMPLE, BARRISTEE-AT-I AW, 
 
 LONDON : 
 WILDY AND SONS, LINCOLN'S INN ARCHWAY, W.C. 
 
 MEREDITH & RAY, KING STREET, MANCHESTER. 
 BELL & BRADFUTE, EDINBURGH ; HODGES, FOSTER & CO.. DUBLIN. 
 
 1874.
 
 T 
 
 CIIISWICK I'llbSS: PIIIMKI) UY Willi 1 1 NCill A M AM) WILklN^ 
 
 lUOka COURT, C'llANC'ERV I.ANE.
 
 PREFACE. 
 
 The Act passed in last Session of Parliament known as 
 *' The Regulation of Railways Act, 1873," has created a 
 new tribunal, to which in certain matters relating to 
 railway and canal companies, the jurisdiction of the 
 Court of Common Pleas and the Board of Trade has 
 been transferred, and on which additional powers, par- 
 ticularly with respect to adjusting through rates, and 
 settling by arbitration disputes between companies, have 
 been conferred. This tribunal at present consists of three 
 members, who are styled " The Railway Commissioners." 
 
 Viewing the importance of their jm'isdiction, the 
 author has considered that a work on the practice of 
 their Courts would be acceptable to the legal profession 
 and the public. 
 
 In the First Part will be found the Act with notes 
 thereon, and the practice of the Commissioners' Courts. 
 The Second Part treats of the law with respect to undue 
 preference, and the other subjects dealt with under '' The 
 Railway and Canal Traffic Act, 1854." The Appendix 
 (Part 3) contains the general orders, forms, table of fees, 
 statutes, &c., necessary for the information of the prac- 
 titioner. 
 
 When the main portion of the work was written, no 
 
 761480
 
 IV PREFACE. 
 
 cases had been decided by the Commissioners. Those 
 that have been decided it has consequently been neces- 
 sary to insert at the end of the Introduction. 
 
 Much information for the Introduction has been ob- 
 tained from the Report of the Joint Select Committee of 
 both Houses laid before Parliament last Session. 
 
 The author has to express his thanks to his friend Mr. 
 "William Rutherford, of the Middle Temple, for assistance 
 afforded in the preparation of the work. 
 
 R. G. J. 
 
 LlBHAHY C'ilAMUERS, TkMIM.E, 
 
 April, lb74.
 
 ADDENDUM.! 
 
 After S. 16, on the 12th line of page 32, add "31 and 32 Vict, 
 c. 119, ss. 36 and 37." 
 
 CORRIGENDA. 
 
 On the last line of page 28, for "8 Vict. c. 16" read " 8 Vict. 
 c. 20." On the third line of page 29, for " 8 Vict. c. 17 " read 
 " 8 and 9 Vict. c. 33." 
 
 For the Cases decided by the Commissioners, see Introduction, p. xxvii.
 
 CONTENTS. 
 
 PAGE 
 
 Introduction ......•• xv 
 
 PART I. 
 
 Practice under the Regulation of Railways Act, 1873 . . 1 
 
 PART II. 
 
 Chapter I. 
 Application and Extent of " Railway and Canal Traffic Act, 1 854" 44 
 
 Chapter II. 
 Undue Preference generally ...... 48 
 
 Chapter III. 
 Reasonable Preference and Advantage .... 60 
 
 Chapter IV. 
 Rights of Passengers ....••• 66 
 
 Chapter V. 
 Receiving and Forwarding Traffic . . • • .81 
 
 Chapter VI. 
 Stational Ai-rangements . . - • • • • 101 
 
 Chapter VII. 
 Parcels 11^ 
 
 Chapter VIII. 
 Just and Reasonable Conditions in Forwarding Traffic . .130
 
 Vlll 
 
 CONTENTS. 
 
 TART HI. 
 Appendix. 
 
 Cieneral Onlers .... 
 
 Schedule of Forms .... 
 Table of Fees .... 
 
 Notice under " Public Offices Fees Act ' 
 Form of Certificate of Board of Trade 
 Conveyance of Mails Act, 1838 . 
 Railway Construction, &c. Act, 1844 
 Canal Tolls Act, 1845 
 Canal Carriers Act, 1845 . 
 Tran.«mission of Letters Act, 1847 
 Canal Carriers Amendment Act, 1847 
 Railway and Canal Traffic Act, 1854 
 Cheap Trains Act, 1858 . 
 Railway Arbitration Act, 1859 . 
 Railway Clauses Act, 1863 
 Regulation of Railways Act, 1868 
 RefTulation by Commis.«ioners 
 Direc-tions relating to Working Agreements 
 Index ...... 
 
 lAOE 
 
 137 
 150 
 153 
 154 
 156 
 156 
 166 
 167 
 173 
 179 
 179 
 182 
 187 
 188 
 193 
 199 
 202 
 203 
 205
 
 LIST OF CASES. 
 
 Aldridge v. Great Western Rail. Co. . 
 
 AUday i\ Great Western Rail. Co. 
 
 Anderson v. North Eastern Rail. Co. . 
 
 Ashmole u. WaiiiAvriglit ..... 
 
 Attorney- General v. Birmingham and Derby Junction Rail. Co 
 
 V. Great Northern Rail. Co. . . . 44, 
 
 V. Great Southern and Western Rail. Co. 
 
 V. Sheffield Gas Consumers Co. . 
 
 Rail. Co 
 
 Co. 
 
 Barker v. Midland Rail. Co 
 
 Barrett in re and Great Northern Rail Co. and Midland 
 Baxendale in re and Bristol and Exeter Rail. Co. 
 
 V. Eastern Counties Rail. Co. . .61, 
 
 V. Great Western Rail. Co. 
 
 V. London and South Western Rail. Co. 
 
 • V. North Devon Rail. Co. . 
 
 V. West Midland Rail. Co. 
 
 Beadell in re and Eastern Counties Rail. Co. 
 
 Beal V. South Devon RaU. Co. . 
 
 Belfast and BaUymena Rail. Co. v. Keys 
 
 Bennett v. Manchester, Sheffield and Lincolnshire Rail. 
 
 Blakemore i\ Lancashire and Yorkshire Rail. Co 
 
 Branley v. South Eastern Rail. Co. 
 
 Briddon v. Great Northern Rail. Co. . 
 
 Bristol and Exeter Rail. Co. v. Collins 
 
 V. Garton .... 
 
 Brown v. Bristol and Exeter Rail. Co, 
 
 Buckfastleigh and Totnes Rail. Co. v. South Devon Rail. Co. 
 
 See eiid of Litroduction. 
 Burton v. Great Northern Rail. Co. . 
 Butcher v. London and Soxith Western Rail. Co. 
 
 CahiU V. London and North Western Rail. Co. 
 Case V. Midland Counties Rail. Co. 
 
 V. Storey 
 
 Caterham Rail. Co. in re . 
 
 Chaplin v. London and North Western Rail. Co. 
 
 CoUard v. South Eastern Rail. Co. 
 
 Cooper V. London and South Western Rail. Co 
 
 Cox V. London and North Western Rail. Co. 
 
 PAGE 
 
 134 
 
 136 
 
 72 
 
 95 
 
 80 
 
 45, 58 
 
 99 
 
 126 
 
 107 
 
 47 
 
 57 
 
 95, 114, 120 
 
 . 56 
 
 101, 119 
 
 49, 117 
 
 44, 126 
 
 108 
 
 134 
 
 70, 77 
 
 44 
 
 85 
 
 129 
 
 85 
 
 90 
 
 121 
 
 86 
 
 xxxiv 
 95 
 72 
 
 70 
 
 58 
 112 
 
 66 
 110 
 
 86 
 
 46,58 
 
 84
 
 X 
 
 LIST OF CASES. 
 
 Coxon r. Great Western Rail. Co. 
 Crouch r. Great Northern Rail. Co. . 
 
 r. Great Western Rail. Co. 
 
 P. London and North Western Rail. Co. 
 
 PA.OE 
 
 90 
 
 119,122 
 
 89 
 
 87. 114, 119 
 
 67 
 73 
 
 Denton r. Great Nortlicrn Rail. Co. 
 
 Dinisdale r. London and Bri<.jht(>n Rail. Co. 
 
 Dover, Corporation of, r. South Eastern Rail. Co. and London, 
 
 Chatham and Dover Rail. Co. See end of Introdmtion . xxvi 
 
 Eilwanls r. Great Western Rail. Co. . 
 
 Farraut r. Barnes .....•• 
 Field r. Newport, AberfrJivenny, and Hereford Rail. Co. 
 Finnie r. Gla.sgo\v and Soutli Western Rail. Co. . 
 Fowles r. Great We.steni Rail. Co. . . . . 
 
 121, 123 
 
 . 98 
 93 
 65 
 91 
 
 Ganncll c. Ford ........ 131 
 
 Garton r. Bristol and Exeter Rail. Co. 3, 56, 92. 101, 118, 120, 121, 
 
 129, 131 
 
 r. Great Western Rail. Co. . 56,120 
 
 Goddard r. London and South Western Rail. Co. See end of 
 Introtluction ........ xxix 
 
 Great Northern Rail. Co. v. Shepherd .... 77 
 
 Great Western Rail. Co. v. Crouch ..... 96 
 
 p. Goodman ....... 75 
 
 V. Toorner ....... 65 
 
 Grill r. General Iron Screw Colliery Co. .135 
 
 Hales p. London and North Western Rail. Co. ... 85 
 
 Ilamblin p. Great Northeni Rail. Co. .... 69 
 
 Hare r. London and North Western Rail. Co. ... 83 
 
 Harris p. Cockcrmouth and Wt)rkington Rail. Co. 50 
 
 Harrison c. London, Bri;.'liton and South Coast Rail. Co. 132 
 
 HawL-roft r. (Jreat Northern Rail. Co. .... 67 
 
 Hayes r. S»)iit]j Wales Rail. (.'o. ...... 91 
 
 Heariie v. (iarlon ........ 99 
 
 HifT^rinljothani v. Great Northeni Rail. Co. .... 84 
 
 II«Klj:n»an r. West Midland Rail. Co. ..... 133 
 
 Holim-s r. Eastern Counties Rail. Co. ..... 109 
 
 Hozicr r. Caledonian Rail. Co. ...... 80 
 
 Hudson r. Baxendale . . ... 82 
 
 lludston r. Midland Rail. Co 78 
 
 Hurst p. Great Western Rail. Co 67, 69 
 
 Hfracombc Public Convr-vanrc Co. 
 torn Rail. Co. 
 
 r. London and South We.s- 
 
 108
 
 LIST OF OASES. 
 
 XI 
 
 Jencks v. Coleman . 
 Jennings ii. Great Nortliem Rail. Co 
 Jonassohn v. Great Northern Rail. Co 
 Jones IK Eastern Counties Rail. Co. 
 Johnson v. Midland Rail. Co. 
 
 Kinnear v. Midland Rail. Co. 
 Kirby v. Great Western Rail. Co. 
 
 Lancaster and Carlisle Rail. Co. w. North Western Rail 
 
 Le Conteur v. London and South Western Rail. Co. 
 
 Lewis w. Great Western Rail. Co. 
 
 Lloyd V. Waterford and Limerick Rail. Co. 
 
 London and North Western Rail. Co. v. Bartlett . 
 
 V. Lancasliire and Yorkshire Rail. Co. 
 
 Lovett V. Hobbs . . 
 
 Mann v. General Steam Navigation Co. 
 
 Marriott v. London and North Western Rail. Co. . 
 
 in re and London and South Western Rail. Co. 
 
 Marshall v. York, Newcastle and Bex-wick Rail. Co 
 
 McAndrew v. Electric Telegraph Co. . 
 
 McCann v. London and North Western Rail. Co. . 
 
 McMami v. Lancashire and Yorkshu-e Rail. Co. . 
 
 McManus v. Lancashire and Yorkshire Rail. Co. . 
 
 Midland Rail. Co. v. Ambergate and Eastern Junction Rail. Co 
 
 V. London and North Western Rail. Co. 
 
 Mimster v. South Eastern Rail. Co. 
 Muschamp v. Lancaster and Preston Rail. Co. 
 Mytton V. Midland Rail. Co 
 
 Napier v. Glasgow and South Western Rail. Co. . 
 
 Nicholson v. Great Western RaU. Co. 
 
 North V. Great Northern RaU. Co. 
 
 V. London and North Western Rail. Co. 
 
 North British Rail. Co. v. Edinburgh and Glasgow Rail 
 
 PAGE 
 
 68 
 . 78 
 
 82 
 . 67 
 82, 110 
 
 94 
 
 . 135 
 
 Co. . 83 
 
 72, 89 
 
 . 131 
 
 131, 132 
 
 96 
 
 . Ill 
 
 67 
 
 . 128 
 
 . 107 
 
 46 
 
 73 
 
 134 
 
 131 
 
 132 
 
 109 
 
 3 
 
 . 99 
 
 . 71 
 
 96, 128 
 
 70,71 
 
 Co. 
 
 87 
 62 
 93 
 93 
 111 
 
 Oxlade V. North Eastern Rail. Co. 
 
 49, 60, 85, 91 
 
 Painter v. London, Brighton and South Coast Rail. Co. . .109 
 
 Palmer v. London, Brighton and South Coast Rail. Co. . .102 
 
 in re and London and South Western Rail. Co. . 101 
 
 Parker v. Great Western Rail. Co. . . . 115, 116, 119 
 
 Parkinson v. Great Western Rail. Co 104 
 
 Partington v. South Wales Rail. Co 131 
 
 Peek V. North Staffordshii-e Rail. Co 134 
 
 Pegler v. Monmouthshire Rail. Co. ..... 92 
 
 Peninsular and Oriental Steam Navigation Co. v. Shand . 89
 
 Xll 
 
 LIST OF CASES. 
 
 Pepper c. South F^osteni Rail. Co. 
 
 Phelps r. London and North Western Rail. Co. 
 
 Pliillips r. CTarke 
 
 Picktonl r. Caledonian Kail. Co. 
 
 p. Gnind Junction Rail. Co. 
 
 l^iddington r. South p]astern Rail. Co. 
 
 Poulton r. London and South Western Rail. Co. 
 
 Prevost p. Great Eastern Rail. Co. 
 
 Ransome r. Ea.'Jtem Counties Rail. Co. 
 Raphael r. Pickfortl ..... 
 Rhynmey Rail. Co. r. Taff Vale Rail. Co. . 
 Richards r. London and South Coast Rail. Co. 
 River Dun Navigation Co. r. North Midland Rail. 
 Roberts r. Great Western Rail. Co. 
 Robinson r. Great Western Rail. Co. . 
 Roe r. Birkenhead Rail. Co. 
 Runi.sey v. North Eastern Rail. Co. 
 
 Scotthom V. South Staffordshire Rail. Co. 
 
 Scottish North Eastern Rail. Co. r. Anderson 
 
 Sharpe r. North Eastern Rail. Co. 
 
 Shepherd r. Great Northern Rail. Co. 
 
 Simons p. Great Western Rail. Co. 
 
 Stallard v. Great Wcstera Rail. Co. 
 
 Stewart r. London and North Western Rail. Co. 
 
 Strick r. Swansea Canal Co. 
 
 Stin-ge r. AIidlan<l Rail. Co. 
 
 Sutton r. Great Western Rail. Co. 
 
 r. South Eastern Rail. Co. 
 
 Taylor v. Great Northern Rail. Co. 
 
 Van Toll r. South Eastern Rail. Co. 
 
 Walker r. Jackson . 
 
 Wannaii r. Scottish Central Rail. Co. 
 
 Wnt.son r. Amberpate 
 
 \\'auj.di V. Denham . 
 
 Webber v. Great Western Rail. Co. 
 
 White r. Great Western Rail. Co. 
 
 Wilby r. West Cornwall Rail. Co. 
 
 Williams r. Great Western Rail. C<>. 
 
 Wren r. Eastern Counties Rail. Co. 
 
 Wyld r. Pickford 
 
 Zunz r. South Eastern Rail. Co. . 
 
 Co. 
 
 PAGE 
 72 
 
 71 
 82 
 . 104 
 103, 123, 128 
 . 123 
 . 112 
 . 69 
 
 46, 49, 60, 63, 64 
 
 85 
 
 99 
 
 72 
 
 126 
 
 109 
 
 133 
 
 113 
 
 74 
 
 127 
 92 
 
 86 
 
 70 
 
 131 
 
 73 
 
 74 
 
 93 
 
 78 
 
 123 
 
 126 
 
 85 
 
 72 
 
 85, 114 
 
 104 
 
 89 
 
 98 
 
 89 
 
 131 
 
 91 
 
 74 
 
 85 
 
 135 
 
 76
 
 STATUTES REFERRED TO. 
 
 11 Geo. IV. & 1 Will. IV. c. 68 
 
 I & 2 Vict. c. 98 . 
 
 7 & 8 Vict. c. 85 , 
 
 8 Vict, c. 20 . 
 8 & 9 Vict. c. 28 , 
 
 c. 33 . 
 c. 42 . 
 10 & 11 Vict. c. 85 
 
 II & 12 Vict. c. 94 
 17 & 18 Vict. c. 31 
 
 21 & 22 Vict. c. 75 
 
 22 & 23 Vict. c. 59 
 
 23 & 24 Vict. c. 41 
 
 26 & 27 Vict. c. 92 
 
 27 & 28 Vict. c. 121 
 29 & 30 Vict. c. 69 
 
 c. 76 
 31 & 32 Vict. c. 119 
 35 & 36 Vict. c. 91 
 
 PAGE 
 81 
 
 32, 156 
 
 . 32, 99, 166 
 
 3, 28, 93 
 
 167 
 
 3, 29, 92 
 
 173 
 
 32, 179 
 
 179 
 
 3, 23, 35, 95, 182 
 
 187 
 
 188 
 
 188 
 
 20, 193 
 
 3 
 
 98 
 
 42 
 
 8, 19, 88, 129, 199 
 
 27
 
 INTRODUCTION. 
 
 The subject of railway legislation is one that has from 
 time to time been investigated by Select Committees of 
 both Houses of Parliament, as well as by Royal Com- 
 missions. 
 
 At first it was uncertain whether railways would 
 supersede roads ; and long after it had become obvious 
 that road competition was impracticable, canals were 
 thought likely to compete effectively for the heavier 
 traffic. It was also supposed that railway, like canal 
 companies, would be merely the owners of the way, 
 receiving tolls for the use of it, and that amongst the 
 carriers and owners of locomotive power using their own 
 engines and carriages upon the line, there would be 
 ample room for competition. The companies were con- 
 sequently bound by their Acts to admit the carriages 
 and engines of other persons on their lines at a certain 
 rate of toll, whilst in many cases they were also bound, 
 if acting as carriers themselves, to certain maximum rates 
 specified in their several Acts. But as the railway com- 
 panies were not bound to furnish any accommodation 
 except the use of the way, and as single management 
 was necessary, the competition between different carriers 
 on the same line never took effect ; and in 1839-1840 a 
 Committee reported in the strongest terms that this 
 form of competition was both impracticable and unde- 
 sirable, and that monopoly upon the same line, at all 
 events with regard to passengers, was inevitable. This 
 Committee made three reports, and the result of these was 
 the passing of 3 & 4 Vict. c. 97, and 5 & 6 Vict. c. 55, 
 which contained nothing effectively checking or regu- 
 lating monopoly. 
 
 The question of competition between various railway
 
 XVI INTRODUCTION. 
 
 companies has greatly occupied the attention of Com- 
 mittees and Commissions. 
 
 This competition and the development of railway 
 speculation again led in 1844 to the appointment of a 
 Committee. They issued five Reports. The second of 
 these contained recommendations as to the appointment 
 of Private Bill Committees to consider competing schemes. 
 The third had reference to fares and rates which the 
 Committee considered too high, to competition which 
 would do more injury to the companies than good to the 
 public, to monopoly which was to be guarded against, 
 and to new lines with regard to which the Government 
 and Parliament ought to reserve certain powers, to be 
 exercised after a given time. The Committee also re- 
 commended that there should be one cheap train every 
 day, carrying third class passengers at Id. a mile, and 
 that the passenger tax on such passengers should be 
 reduced by one half. 
 
 In the Fifth Report, the Committee, with reference to 
 the carrying question, stated : — 
 
 " The Cominittoc have taken evidence to some extent on tlie sub- 
 ject of the diflirulties whicli have arisen between the railway comjianics 
 and tlie carriei*s who transmit goods over their line in the conduct of 
 their reciprocal relations. 
 
 " They have before them certain clauses in relation to this branch 
 of this subject, which, as they believe, convey a view of the arrange- 
 ment.s which the carriei-s desire, but wliicli they also aj)prchend would 
 be most unpalatable to the railway companies. The leading object 
 ofthe.se eluuscs ajijjears to be to define, in conformity with tlie views 
 of the carrying interest, the particulars of what constitutes the por- 
 tion of the complete charge of carriage of goods l)y railway, which is 
 not essentially railway cliarge, and for which it is admitted to be 
 desirable to secure free comjjetition between the railway companies 
 acting as carriers and other private carriers using their line ; and also 
 to guanl against attempts at evasion or inc(iuality of charge on the 
 part <tf railway companies, by investing the Boai'd of Trade with a 
 stringent ami summary power of hearing and deciding complaints, 
 an<l of making, from time to time, sueh orders as may appear neces- 
 sary in order to enforce a substantial compliance with tlie provisions 
 of the proj)ospd clauses. 
 
 " Witliout entering miuuttly into a discission of these clauses, it
 
 INTRODUCTION. XVll 
 
 appears sufficient to the committee to observe that an interference of 
 such an extensive and unusual nature with the legal rights and liabili- 
 ties under which railway companies and those who have relations 
 with them, in regard to the caj-riage of goods, have hitherto con- 
 ducted their business, ought not, in their opinion, to be attempted, 
 unless after mature deliberation upon a very strong case of necessity 
 established for the adoption of exceptional legislation, and vnth a full 
 view of the actual position of the different interests affected, and of 
 the bearing of the jiroposed measure upon them and upon the general 
 interests of the country. 
 
 " In the present case, the magnitude of the other questions of a 
 more pressing nature into which the committee have had to inquire, 
 has prevented them from devoting more than a small portion of 
 their time to the examination of witnesses upon the carrying ques- 
 tion; and the conflictmg nature of the evidence adduced, together 
 with the practical difficulty of the points in dispute, tend strongly to 
 impress them with the imjDortance of not attemptmg to deal with the 
 subject by any precipitate or partial legislation. Another considera- 
 tion likewise exists which suggests to the committee the propriety 
 of postponing for the present any recommendation to the House to 
 attempt to meet by immediate legislation the peculiar difficulties 
 which are connected with the question of the carriage of goods by 
 railway. The course of litigation which has been long in progress 
 between the great firm of Picldbrd & Co. v. the Grand Ji;nction 
 Railway Company is not yet brought to a final conclusion ; and a suit 
 is now pending in the Court of Chancery which may be expected to 
 throw considerable light upon the actually existing legal rights and 
 liabilities of the parties in regard to some of the points which have 
 been most keenly disputed before the committee, and which are 
 necessai'ily included as important points in any proposed legislation 
 upon the subject. For these reasons the committee content them- 
 selves with reporting to the House the evidence which has been taken 
 on the carrymg question, and purposely refi-ain from making any 
 further comments iipon it, which might have the effect of prejudging 
 the question in the event of its hereafter becoming the subject of in- 
 vestigation under circumstances better calculated to lead to a com- 
 plete and satisfactory conclusion." 
 
 In another report the Select Committee, Session 1844, 
 No. 166, stated : — 
 
 " The attention of the committee has been given incidentally to 
 the control which railway companies possess by means of their 
 station yards over the traffic of the neighbouring districts. It is 
 only by the station yards that the transition can be conveniently 
 made from the railway carriages to other vehicles, and therefore entry 
 
 b
 
 Xviii INTRODUCTION. 
 
 into them becomes neccspary in order to insure any freedom in the 
 traffic along the roads which connect tlic railway with the adjoining 
 districts. At present they are under the exclusive control of the 
 companies. 
 
 " The committee do not proceed upon the supposition that tlie 
 power thus placed in the hands of the companies has been ordinarily 
 abused or pushed beyond its limits ; but they are disposed, upon 
 grounds of general principle, to recommend that some restraint 
 should be placed upon it. 
 
 " They consider that station yards of railways ought to be under 
 the general control of the company under which accommodation is 
 afFonlctl to the public ; but they are also of opinion that vehicles 
 lending themselves to take up or set down passengers, luggage and 
 parcels, ought not to be excluded from the station yards unless in 
 cases where it is required for the j)urj)t)se of safety and public 
 convenience." 
 
 The immediate result of these reports was the passing 
 of 7 & 8 Vict. c. 85. The chief provisions of the act re- 
 lating to revisions of rates and fares, and to state purchase 
 are: — S. 1. That if after twenty-one years any new rail- 
 way has made 10 per cent, for three years, Treasury may 
 reduce rates, but are to guarantee 10 per cent. The 
 revised rates and the guarantee to continue for twenty- 
 one years. This section has become practically inopera- 
 tive. S. 2. That after fifteen years Treasury may buy 
 any new railway for twenty-five years' purchase of the 
 average annual profits for the preceding three years ; but 
 if the profits arc less than 10 per cent,, the amount to 
 be settled by arbitration. S. 3. That no railway less 
 than five miles in length is to be bought ; and no branch 
 to be bought without bujnng whole railway. S. 4 recites 
 that the policy of rcvi.sion or purchase is not to be pre- 
 judged, and that public resources are not to be employed 
 to sustain undue competition with independent companies, 
 and pro^^dc•s that no revision or purchase is to take place 
 without an act of parliament authorising the guarantee or 
 purchase, and determining how it is to be done. 
 
 In pursuance of the report of the Committee of 1844, a 
 board was in that year constituted under and within the 
 Board of Trade, the chief duty of which was to report
 
 INTRODUCTION. XIX 
 
 upon new railway schemes and bills, with reference to 
 their positive and comparative advantage to the public, 
 and especially with reference to questions of extension, 
 amalgamation, and competition. The decisions of this 
 railway board not giving general satisfaction, the govern- 
 ment in 1845 intimated that bills would be left as before 
 to the judgment of the Private Bill Committees. These 
 committees in many instances disregarded the reports of 
 the railway board ; and as these were found to be practi- 
 cally useless, the board constituted in 1844 was in August 
 1845 abolished. The Board of Trade, however, could 
 still, if they thought fit, make special reports on questions 
 of public safety, departures from general railway law, and 
 questions involving novel principles or extended consider- 
 ations of public policy, including amalgamations, &c. &c. 
 
 To give encoiiragement to canals in competing with 
 railways, an Act was passed in 1845 (8 & 9 Vict. c. 28), 
 the preamble of which, after noticing the provisions in 
 the " Railways Clauses Consolidation Act, 1845," giving 
 power to railway companies to vary their rates, declares 
 that " greater competition for the public advantage 
 would be obtained if canal companies, &c. were to have 
 the like powers granted to them in respect of their 
 canals, &c., and the Act accordingly gives to such com- 
 panies the necessary powers for varying their tolls. In 
 the same session and for the same object, an Act (8 & 9 
 Vict. c. 42), was passed to enable canal companies to 
 become carriers of goods upon their canals, and to make 
 working arrangements with, and to lease their canals to, 
 other canal companies. In 1847, another Act, 10 & 11 
 Vict. c. 94, gave canal companies power to borrow 
 money for the above pm'poses. 
 
 In 1846, on account of the large number of bills for 
 railway and canal amalgamations, another Committee of 
 the House of Commons was appointed to consider the 
 subject. The Committee issued two reports, in the first 
 of which they were unable to lay down any positive
 
 XX INTRODUCTION. 
 
 general nilcs, but only make suggestions for the guidance 
 of the private bill comiuittecs. They recommended that 
 general powers of selling and leasing should not be 
 inserted in private bills ; that upon amalgamation the 
 maximum tolls and rates be revised ; that, in general, the 
 new maximum should not exceed the lowest maximum 
 of any of the amalgamating companies, and that especial 
 attention should be given to charges for carrying coals. 
 The Committee observed that some important lines had 
 by private arrangement practically come under the same 
 control and management, so that all the evils of amalga- 
 mation may be produced without any opportunity for 
 inquiry by Parliament. 
 
 In this second report the same Committee considered 
 more especially the question of amalgamation between 
 railways and canals, and were of opinion that they could 
 not for various reasons advise the refusal of amalgama- 
 tion between railway and canal companies, but only that 
 each case should be thoroughly sifted. They further 
 recommended the establishment of a government depart- 
 ment to superintend railways and canals. A committee 
 of the House of Lords sitting at the same time agreed 
 with the recommendation of that of the Commons. 
 
 In 1846 an Act was passed constituting the Railway 
 Commission, consisting of five persons, three of whom 
 were paid. Their duties were to report on special cases 
 referred to them, and also upon private bills, and 
 especially on competing schemes and amalgamations. 
 This Commission was abolished in 1851, and its duties 
 re-transferred to the Board of Trade. 
 
 In 1853, another select Committee was appointed on 
 account of the many competing schemes of rival com- 
 panies for the possession of various districts, and the 
 number of amalgamation schemes proposed in that 
 session. 
 
 The fourth and fifth reports of that Committee set 
 forth that the tendency of the companies is to union and
 
 INTRODUCTION. XXI 
 
 extension, and that competition usually ends in combina- 
 tion, and notice the want of some means of compelling 
 proper arrangements for through traiSic between the 
 companies. In previous reports the Committee sus- 
 pended the then amalgamation bills, and recommended 
 that Parliament should not grant amalgamation without 
 securing '^ freedom and economy of transit from one part 
 of the kingdom to the other." 
 
 The fifth report treats largely (1) of amalgamation, (2) 
 of interchange of trafiic, and (3) on private bill legisla- 
 tion. The result of the reports of this committee was 
 the passing of the Railway and Canal Traffic Act, 1854 
 (17 & 18 Vict. c. 31) . Its principal features were (1) 
 That every company should afford proper facilities for 
 forwarding traffic, and (2) that no preference should be 
 given. The portion of this Act which relates to com- 
 pelling railway and canal companies to afford reasonable 
 facilities for forwarding traffic upon their railways and 
 canals was the subject of considerable discussion in the 
 House of Lords before their lordships passed it. Mr. 
 W. Paterson in his " practical statutes" for 1854, states 
 that the majority of the judges objected to undertaking 
 the duty proposed to be committed to them, as they con- 
 sidered it was one of a ministerial rather than a judicial 
 character, and connected with matters about which they 
 were not conversant. Lord Campbell declared on the 
 third reading that : — 
 
 " Altliough a great part of his life had been spent in studying the 
 laws of his country, he was totally unacquainted with railway 
 subjects as well as with the transit of goods by boats." 
 
 His lordship said he knew not — 
 
 " How to determine what was a reasonable fare, what was undue 
 delay, or within what time trucks and boats should be returned. 
 One of his brethren, however, the only one, the Chief Justice of the 
 Common Pleas, a most zealous and efficient judge, had declared that 
 he could work the bill properly, although he achnitted that the duties 
 prescribed by it were not judicial ones."
 
 XXU INTRODUCTION. 
 
 The arguments, however, of the then Lord Chancellor 
 prevailed, and it passed into law. 
 
 At the instance of the canal interest, the Act 21 & 22 
 Vict. c. 75, was passed in 1858. By it companies are 
 prohibited from accepting a lease of other canals, except 
 by a special Act. The Railway Clauses Act, passed in 
 18(53 (26 & 27 Vict. c. 92), contains some important sec- 
 tions relating to working agreements between companies 
 and steam vessels. The approval of the Board of Trade 
 to these waa necessary ; but by section 10 of the Act of 
 1873, p. 20, the powers and duties of the Board of Trade 
 with respect to working agi'eements, and those of the 
 Board of Trade under section 35 of the Act of 1863, are 
 transferred to the Railway Commissioners. 
 
 In 1865 a Royal Commission was appointed, and their 
 report was issued in 1867. The object of the commis- 
 sion was to consider the subject of railway communica- 
 tion, more especially with a view to a diminution of 
 change and interchange of traffic. The report of this 
 commission is very voluminous, and the questions of 
 legislation, rates and fares, interchange of traffic, and 
 through rate for goods are fully discussed. Notwith- 
 standing the many reports made to Parliament on the 
 subject of railways, very little effect has been given to 
 the principles therein laid down. 
 
 In 1872 a joint committee of both Houses of Parlia- 
 ment was appointed to inquire into the subject of the 
 amalgamfition of railway companies, ^vith special reference 
 to the Bills for that purpose then before Parliament, and 
 to consider whether any and what regulations should be 
 imposed Ity Parliament in the event of such amalgama- 
 tion being sanctioned. 
 
 The Committee examined a large number of witnesses 
 (fifty-five in all) representing the principal persons of ex- 
 perience in railway management. Their report alone 
 extends to upwards of fifty pages of a blue book, and the 
 evidence of the ^vit^esses to several hundred. In the
 
 INTRODUCTION. XX 111 
 
 necessarily nan'ow compass of this introduction, it would 
 be impossible satisfactorily to give extracts from so 
 voluminous a docmuent, especially as this work treats 
 only of an Act of Parliament, the result of a portion of 
 the report. 
 
 The suggested regulations of the Committee are in the 
 71st paragraph of the report, p. 83, and are : — 
 
 1. Equal mileage rates. 
 
 2. Rates to be fixed according to cost of carriage after 
 adding a certain profit on capital. 
 
 3. Determination of terminal charges. 
 
 4. Immediate reduction of rates and fares. 
 
 5. Subsequent periodical revision of rates and fares. 
 
 6. Absolute limitation of dividend. 
 
 7. Reduction of rates after dividend has reached a 
 certain percentage, so as to divide extra profit between 
 the company and the public. 
 
 8. Classification of rates. 
 
 9. Publication of rates. 
 
 10. Consolidation of Acts. 
 
 11. Workmen's trains. 
 
 12. Arrangement of districts. 
 
 13. Construction of branch lines. 
 
 14. Interchange of trafiic, through rates, and running 
 powers. 
 
 15. Revision of fares for conveyance of troops. 
 
 16. Additional facilities to post-ofiice. 
 
 17. A new tribunal. 
 
 Proposals as to (1) equal mileage rates ; and (2) rates 
 to be fixed by relation to cost and profit on capital were 
 dismissed by the committee. (3) Determination of ter- 
 minal changes, which are those made by the companies 
 for service in the receipt or delivery of goods over and 
 above the expenses of actual carriage along the line, the 
 committee considered resolved itself in most cases into 
 the question of mileage rates. The result of the com- 
 mittee's opinion is the eleventh section of the act of last
 
 Xxiv INTRODUCTION. 
 
 session, containing nine sub-sections, by which the second 
 section of the act of 1854 is explained and amended (for 
 which see p. 23). (-1) Immediate reduction of rates and 
 fares was a matter which the committee thought was 
 'merely temporary. A charge which would give the com- 
 pany ample profit to-day might, through increased eco- 
 nomy, be excessive to-morrow. At the same time the 
 committee recommended that full opportunity should be 
 given on every occasion presented, by amalgamation, bills 
 of hearing and redressing any specific complaint that 
 might be made with respect to existing rates and fares ; 
 and for this purpose care should be taken that traders or 
 other persons interested were not prevented by any rules 
 of locus standi from appearing and urging their case 
 before the committees on the bills. (5) On what prin- 
 ciple the periodical revision of rates and fares should pro- 
 ceed was a matter which the committee could not deter- 
 mine. That if it wore to be purely arbitrary, and if no 
 rule were to be laid down to guide the revisers, the power 
 of re\nsion would amount to a power to confiscate the pro- 
 perty of the companies; that it was not likely that parlia- 
 ment would attempt to exercise any such power itself, 
 still less that it would confer such a power on any 
 subordinate authority. (0) Absolute limitation of divi- 
 dend. The conclusion to which the committee an-ived 
 was that such would be impracticable. They state that a 
 false impression seems to prevail that parliament have 
 already limit (^d railway dividends to 10 per cent. The 
 only act which touches the subject is the act of 1844, and 
 that act is inoperative. But it was not improbable that 
 railway companies, having regard to the odium which a 
 very wealthy and profitable monopoly is sure to incur will, 
 if they continue prosperous, act as though their dividends 
 were liiniled, and will find soino means of disposing of a 
 large surplus other than that of largely increased dividend. 
 (7) Division of profit beijond a certain limit between com- 
 panies and public. No ))rnctical result was come to by
 
 INTRODUCTION. XXV 
 
 the committee, who stated that the principle of dividing- 
 surplus profits between the companies and the public has 
 been adopted in France, but under conditions which 
 illustrate the difficulties which they mentioned. The diffi- 
 culty of determining the sum available for dividend is 
 met by an inspection and interference with the accounts 
 of the companies, which would scarcely be practicable 
 here ; and the difficulty of selecting rates for reduction, 
 although without comparison less than it would be here, 
 was avoided by abandoning reduction altogether, and 
 paying half the surplus profit into the national exchequer. 
 (8) With respect to new classification of rates, the com- 
 mittee considered it desirable that the companies should 
 be compelled to adopt as between themselves and the 
 public the clearing-house classification, and to adopt their 
 statutory rates to it ; but it further appeared that the 
 clearing-house classification was altered from time to 
 time to meet the varying wants and circumstances of 
 trade, and it seemed therefore desirable that there should 
 be some power of making- corresponding alterations in 
 the classification adopted for the public. The exercise of 
 this power the committee thought might be made subject 
 to the approval of the commission, the appointment of 
 which they recommended. (9) Publication of rates. The 
 recommendation of the committee can be seen in the 
 14th section of the act, p. 27. (10) Consolidation of acts 
 was, the committee considered, no easy task to insure 
 accuracy, or that no one was prejudiced by the operation. 
 The committee were however of opinion that, whether 
 consolidated or not, the acts relating to each company 
 should be deposited at the office of the Registrar of Joint 
 Stock Companies, with such an index as would enable 
 the public to refer to their contents. (11) Workmen's 
 trains. Although the committee thought there were 
 great difficulties in the way of imposing general obliga- 
 tions by statute, it was possible that in certain large 
 towns, as well as in London, circumstances might exist
 
 XXVI INTRODUCTION. 
 
 which called for special provision. The committee there- 
 fore recoimncndcd that the municipal authorities of all 
 large towns should be authorised to require the com- 
 panies having stations in such towns to run workmen's 
 trains at given hours and stated prices, on the condition 
 that they, the municipal authority, guarantee to the com- 
 panies a certain income from such trains, which guarantee 
 they should have power to make good out of the rates. 
 (12) Future amalgamation ami "districting." The com- 
 mittee made some lengthened observations on this subject, 
 the practical result of which was that each case ought to 
 bo dealt with on its own basis. (13) Construction of 
 branch lines. The committee thought that any rate-pay- 
 ing district might out of their rates construct the branch 
 required by them ; and the railway company of the 
 district should be compelled to receive and forward the 
 traffic, and possibly also to work the railway ; but in the 
 present stiite of local government it would be difficult to 
 work out any such scheme as this. (14) Interchange of 
 trafHc : through rates and running powers. The conclu- 
 sions of the committee are embodied in the 11th section 
 of the act, p. 24. (15) Revision of fares for carrying 
 troops. The committee thought that these fares should 
 be considerably reduced. (16) Additional facilities to 
 post-office are secured by the 18th section of the act, 
 p. 31. (17) New tribunal. The result of the commit- 
 tee's recommendation is the appointment of the present 
 railway commissioners, whose powers are enumerated in 
 four to ten of the sections of the act inclusive, p. 4. 
 
 To their report the Committee append conclusions, thirty- 
 one in number, the substance of which has been previously 
 stilted, and which are too numerous to quote or recapitu- 
 late. Some of them are embodied in the Act of last 
 session. Under that Act (The Regulation of Railways 
 Act, 1873), the Railway Commissioners are appointed. 
 To them are ti*ansferrcd the powers previously admin- 
 istered by the Crnirt of Common Picas under sections
 
 INTRODUCTION. XXVU 
 
 2 & 3 of the Act of 1854. The Commissioners also ob- 
 tain further powers, including some hitherto possessed 
 by the Board of Trade. Besides administering the Act 
 of 1854, an important part of the duties of the commis- 
 sioners will be arbitration, which is provided for in the 
 present Act. As the Select Committee suggest, it is not 
 improbable that in future private bills, reference to the 
 commissioners will be substituted for arbitration. 
 
 Under the Act the Commissioners have issued general 
 orders, which remain in force unless disapproved in 
 whole or in part by either House of Parliament within two 
 months after they have laid them before the House. 
 This the Commissioners are bound to do immediately 
 after the making thereof, if Parliament be then sitting, 
 or if not, within seven days after the then next meeting 
 of Parliament. The Commissioners have also issued a 
 regulation and directions as to working agreements, for 
 which see p. 202. The Act which received the royal 
 assent on 21st July last is to continue in force for five 
 years after its passing, and thenceforth until the end of 
 the then next session of Parliament. 
 
 As yet the Commissioners have not had many cases on 
 which to adjudicate, and the following is a report of those 
 which have come before them. 
 
 The Corporation of Dover v. the South-Eastern and the 
 London, Chatham, and Dover Railway Companies, 28th 
 November, 1873. (Before Sir F. Peel and Mr. 
 Macnamara.) 
 
 Sometime previovisly the Commissioners, upon the application of 
 the Town Conncil of Dover, granted a joint summons against the 
 South-Eastern Railway Company and the London, Chatham, and 
 Dover Railway Company, calling iipon them to sliow cause why a 
 writ of injiuiction should not issue against them requiring them to 
 desist from giving any undue or unreasonable preference or advan- 
 tage to the passengers and traffic between London and Margate, 
 Ramsgate, and Deal over those between London and Dover. The 
 complaint then alleged by the Corporation was that passengers were
 
 XXviii INTRODUCTION. 
 
 conveyed to Margate and Ramsgate at thinl class and ordinaiy 
 fares, while passengers to Dover by the same trains, separating at 
 Canterbury and Ashford, were charged express fares ; that there 
 was exceptional third-class accommodation for Margate and Rams- 
 gate, and none for Dover; and also that preferential rates were 
 charged in the one case at the expense of the other for the con- 
 veyance of meat, ixniltry, and other articles. The application 
 was for a summons calling upon the Cor])oration of Dover, to 
 show as a preliminary to the hearing of the case, that the Railway 
 and Canal TraHic Act gives the commissioners jm-isdiction to deal 
 with fares where they are within the maximum the companies are 
 authorised to charge by their sjjccial Acts. 
 
 Mr. Harrison, for the London, Chatham, and Dover Company, 
 said the main question which woidd arise was whetlier the case was 
 one wliicli came witliin the 2nd section of the Railway and Canal 
 Traffic Act of 1854. There had already been cases decided in the 
 Court of Common Pleas, and it would be contended that that court 
 would have had no jurisdiction, and that it never was intended tliat 
 the fares charged by railway companies should be interfered with so 
 long as the companies kept themselves within the maximum fares 
 which they were authorised to charge by statute. 
 
 Sir F. Peel pointed out that the complaint referred also to 
 exceptional difficulties in the way of third-class passengers seeking 
 to get to Dover and to exceptional difficulties attaching to the people 
 of Dover and to particular trains. 
 
 ^Ir. Harrison (juoted cases of the Caterham Junction Railway 
 and of Jones against the CJreat Eastern Railway Company. In 
 the latter the passengers were charged fi-om Harwich to London a 
 le.ss sum than those from Colchester to London. This was objected 
 to on the ground of undue preference, but it was held not to be a 
 cajse in point, and the sununons was dismissed. 
 
 Mr. Macnaniara said the case did not go against the jurisdiction 
 of the Court. On the contrary, it was heard, and dismissed on its 
 merits. 
 
 Mr. Harrison admitted that that was so, but added that the 
 Court of Common Pleas, when it decided that the case did not come 
 within the 2nd section of the Act, practically decided that they had 
 no jurisdiction in the matter. 
 
 Sir F. Peel iutpiircd what was the exact question of law upon 
 which the railway companies asked the opinion of the Commis- 
 sioners ? 
 
 Mr. Harrison said the point was whether any interference with 
 fares came within the powers of the Commissioners, seeing that it 
 wa-s not within the 2n(l section of tlic Railway and Canal Traffic 
 Act of 1854. The 13th section said that complaints might be
 
 INTRODUCTION. XXIX 
 
 made by the public aiTthoritles in certain cases, but it was only 
 where there was no contravention of the 2nd section. 
 
 Mr. Willis, for the South-Eastern Company, said his application 
 on the part of the Sonth-Eastern Company was identical with 
 that which had been made by Mr. Harrison on behalf of the London, 
 Chatham, and Dover Company. He urged that, even admitting the 
 facts contamed in the application of the Coi'poration of Dover to be 
 true, they did not disclose a right to relief. 
 
 The Commissioners granted the summons applied for, and an 
 order, by consent, was also issued calling on the Corporation of 
 Dover to give particulars of the grievances of which they com- 
 plained. The summons was not proceeded with by the Corporation 
 of Dover, and no decision has been obtained on the question raised 
 by them. Costs, except the costs of the issuing and hearing of the 
 summons, were given against the plaintiffs. 
 
 Goddarcl v. London and South- Western Railway Oom- 
 'pany, 6th January, 1874. (Before Sir F. Peel, Mr. 
 Macnamara, and Mr. Price.) 
 
 The plaintiff appeared in person. Mr. C. W. Wood, 
 Q.C., and Mr. Mangles for the Company. 
 
 The facts of the case appear from the judgment of the 
 Court delivered by Sir F. Peel, who said : — 
 
 " This is a complaint of a contravention of section 2 of the Railway 
 and Canal Traffic Act, 1854, the provisions of which the Railway 
 Commissioners, appointed under the Act of 1873, are empowered to 
 carry into effect. The complaint is that the London and South 
 Western Railway Company give an undue preference to Messrs. 
 Chaplin and Home, theii- agents m Salisbury, and subject the com- 
 plainant, Mr. Edmund Goddard, a can-ier in Salisbury, to an undue 
 and unreasonable prejudice or disadvantage there and in London, 
 mainly in this respect, that the rebate or deduction allowed him for 
 cartage is insufficient in amount and below its actual cost, and less 
 than the company allow their agents and than they allow themselves. 
 That railway companies must treat all persons and all classes of the 
 public equally is a condition which the legislature has long imposed 
 upon them ; and the courts of law have in numerous cases decided, 
 that where companies undertake, in addition to their principal busi- 
 ness of carriers by railway, and as suborduiate and auxiliary to it, 
 the business of collecting and delivermg goods to and from their 
 stations, and charge a carted or single gross rate, for which they not
 
 XXX INTRODUCTION. 
 
 only nirrv, but also collect and deliver free of further charge, an 
 inetjualitv is caused if a carrier himself collecting and delivering, and 
 only emploving the company to convey from station to station, is 
 charged at the same rate with other and t)rdinary customers, and 
 that he is overcharged if a deduction is not made to him correspond- 
 in" to the amount included in the gross rate. If a case of that kind 
 exists, and complaint of it is made to us, and we are satisfied that 
 the practice involves an undue })rejudice or undue preference within 
 the Trallic Act, it becomes our duty to issue an uijunction t«i pre- 
 vent its ctnitinuance ; and in the case before us, the complainant 
 ajjplies for an injunction to restrain the London and South "Western 
 liaihvay Company from continuing to employ ^Messrs. Ciiaplin and 
 Home on terms that are unduly j)rcjudicial to himself as a carrier, 
 and from continuing to chiu-ge him for work that is not done for him 
 by the company, that so he may be put upon an ecpiality with the 
 rest of the i)ublic. Coods consigned by railway must, to complete 
 theii" transport, be carted to and from the stations, as well as con- 
 veyed upon the line. Conveyance on the railway is in practice a 
 monopoly of the railway companies, but the service of collection and 
 delivery is open to competition, and the jjublic, common carriers, 
 and the companies can all engage in it. When the service is under- 
 taken by the comj)anies, they have two ways of charging for it. 
 They either make their goods-rate a station to station rate only, and 
 charge separately for cartage, or they make their goods-rate a col- 
 lected and delivered rate, which includes collection and delivery 
 within a fixed distance or boun<lary fiitni the stations of the two 
 towns from the one to the other of which the goods arc carried on 
 the railway. The companies seldom have both kinds of rates in 
 o|»eration at the same time between any two stations ; and, conse- 
 ipiently, when the collected and delivered rate is in force, they are 
 usually obliged to allow a rebate or deduction off it in respect of 
 goods which they are employed to carry only, and not to collect and 
 deliver as well. The goods-rates of the railway companies in Lon- 
 don north of the Thames are said to be nearly all collected and 
 delivered rates, but the London and South Western Railway Com- 
 j)any is the only comj)any on the south side of the river which has 
 ado|)ted that form of goods-rate, and even they have still eighty 
 stations (Southampton and Winchester among them) where goods- 
 rates are station to station rates only. Salisbury is one of the com- 
 jiany's stations where the goods-rates are collected and delivered 
 rates, and the rebate allowetl off such rates upon goods-traffic 
 between Ix)ndon and Salisbury being 4.v. \0d. ]>cr ton for goods of 
 any description, viz. 3.v. 4d. for London cartage, and Is. 6d. for 
 Sulihbiu-y cartage — one of the coin])lainant's contentifjus is that the 
 Bum of 4«. 10c/. is not sufficient allowance as regards either actual
 
 INTEODUCTION. XXXI 
 
 cost, or the actual charge the company makes to the public, nor 
 sufficient to maintain a competition with the company in their capa- 
 city of carriers outside their stations. The company do their Lon- 
 don cartage by their own carmen and vans, while Salisbmy cartage 
 is done by Messrs. Chaplin and Home as their agents ; but this dif- 
 ference of practice is immaterial in the consideration of this part of 
 the case, as is also the fact that the company make a separate and 
 extra charge for cartage in London when they cart beyond the 
 boundary of the district they call No. 1, being the district the price 
 for cai-tage to any part of which is included in their collected and 
 delivered goods-rates, seeing that other carriers can make similar 
 extra charges for cartage outside that district, without detriment to 
 their positions as competitors in business with the company. The 
 first question to be determined, is whether the rebate of 4s. lOd. per 
 ton is or is not sufficient. As regards the sum of 3s. 4d., which is 
 the proportion of the 4s. lOd. allowed for cartage between the Nine 
 Ehns goods-station and any place in the company's first district, the 
 evidence shows that this allowance is about equal to the cost of cart- 
 ing a ton of goods as an average of the whole area of the district, 
 but that it is not a remunerative rate, except under special circum- 
 stances, as in the case of the company's hii-ed carters, who obtain 
 generally a full load, besides not unfi-equently an order for a return 
 load, and the aid of the company's porters in loading. But if it is 
 shown that the company charge more to the public for cartage than 
 it actually costs, is not this charge a more proper measure of the 
 rebate than the bare cost ? We are of opinion that it is, because 
 otherwise the company would have a preference to the extent of the 
 difference over other carriers, and the complainant's customers, if he 
 carted for them at the rate of the rebate, would lose the benefit they 
 would be entitled to, and in paying the gross rate, less only the 
 rebate, would pay to the company part, where no part was due, of 
 the cartage share of that rate, while, if he carted for them at the 
 company's real cartage-rates, there would be in the case supposed of 
 these being higher than the rebate, an excess in the total charge 
 from door to door against that particular class of customers. The 
 general manager, Mr. Archibald Scott, and the goods manager, Mr. 
 Haddow, officers of the company, who were called for the defence, 
 were unable to say how much of the compound goods-rates was due 
 to cartage. Mr. Haddow stated that vvheu in 1860 the rates from 
 Salisbury were converted from station to station rates into collected 
 and delivered rates, the tonnage rates in each class of goods were 
 raised 5s. But the gross rates in the two lowest classes have been 
 raised subsequently, and therefore the proportion due to cartage 
 cannot be positively determined. That the company's charge for 
 cartage and its actual cost are not always identical appears from
 
 XXXll INTRODUCTION. 
 
 their char'»e for cartage in London in respect of goods to and from 
 Winchester. Tlie rates for Winchester traffic are, as already stated,, 
 station to station rates, and carta^'c therefore is charged separately, 
 and npon a scale increasing from 3.v. 4d. to 7*. 6d. per ton, according 
 to tlie class of goods ; without going outside tlie boundary of No. 1 
 district, upon the proportion of goods in tlie diiferent classes, it 
 results in such case that the average rate charged for cartage for that 
 district of London is about 4.v. 4^/. per ton, or \.s. per ton more than the 
 rebate or deduction ofl"the rates allowed for precisely similar work 
 in the case of Salisbury goods. It would not be an unreasonable 
 inference to draw from tliis, that the Salisbury rates co<\'er similar 
 charges for the simdar service ; but, upon the whole, we are not 
 preparetl to enjoin the application of the Winchester scale to the 
 allowance for Salisbury goods, because that would entail upon car- 
 riers a troublesome classifying of the goods they carried ; nor are we 
 jirepared to raise the allowance by the present average excess of the 
 Winchester scale, because the proportion of goods in the different 
 classes may not be the same in tlie one case as in the other, or may 
 varv from time to time, and also because we miglit be setting up a 
 new inequality in favour of carriers of the lowest class of goods ; 
 and, lastly, because a calculation would have to be made every time 
 the gross rates were altered, and tlie rebate raised or lowered accord- 
 ingly. We think, under the circumstances of this case, and npon 
 the evidence given before us, the proper remedy to be that the com- 
 pany should be required to state in what maimer the compound 
 gf>ods-rate is made up, and how much of it is for cartage as distin- 
 guisheil from conveyance on the line. In this way the public would 
 have before them the quoted cartage rates of the comjiany and of 
 other carriers, and could please themselves in weighing the atlvan- 
 tages of a single payment and other facilities or conveniences, if 
 they employed the company against any lower or more favourable 
 terms that might be offered by other carriers. The sections 14 and 
 15 of the Act of 1873 authorize the Kailsvay Commissioners, on the 
 application of any person interested, to require a compound rate to 
 be sej)arated in the manner we have mentioned, and to decide in 
 case of disjiute what is a reasonable sura to be paid to a company 
 for collection and delivery and such like ser\'ices ; and we are of 
 opinion that the particular case we are considering woidd be more 
 equitably settle<l through those sections of the Act than by the 
 granting of an injunction. The comjilainant alleges further the in- 
 sufliciency of the \s. 6(1. per ton rebate for cartage in Salisbury, 
 and that the company i)ay Messrs. Chaplin and Home at more than 
 that rate. Messrs. Chaplin and Home arc the company's agents in 
 Salisbury, and do all their carting. They make no charge to the 
 public, and are paid exclusively by the company at the rate of 2*.
 
 INTRODUCTION. XXXIU 
 
 per ton for collecting and delivering goods in classes 1 and 2, 2s. Gd. 
 in classes 3 and 4, and 3s. 4d. in class 5, averaging, it is stated, a 
 payment of 2s. 2~d. per ton. There is thus a difference of S^d. 
 per ton in favour of Messrs. Chaplin and Home ; but this difference 
 is explained to be paid to them, not for carting, but for their general 
 services as agents and canvassers for the company in Salisbury and 
 its neighbourhood, and for the inffuence their canvassing has in in- 
 creasing the company's traffic. Here, again, the jiublic should know 
 what amount is included in the gross rate for carting in Salisbury, 
 and we also think that when carting agents perform other district 
 services for the company, the payment for such other services should 
 be kept wholly distinct. Is. 6d. per ton appears to be the amount 
 generally allowed for carting goods in the country, and Mr. Chaplin, 
 the head of his firm, gave evidence to the effect that the cost of 
 carting in Salisbury does not, on an avei'age, exceed Is. 6d. per ton. 
 The complainant also alleges that he is unequally treated in the 
 matter of the rebate on parcels and on " empties." We find, and 
 the company admitted, that they have not always allowed him suffi- 
 cient in respect of the collection or delivery in London of parcels 
 exceeding 56 lb. in weight, and that he is entitled to a rebate of 2d. 
 upon eacli of such parcels. In Salisbury, the allowance to Messrs. 
 Chaplin and Home for collecting and delivering parcels is 2d. per 
 parcel, or twice the sum allowed to Goddard and others for that 
 service in Salisbury, but we are satisfied by the evidence given on 
 this point that the additional Id. to Messrs. Chaplin and Home is 
 paid to them in part of their remuneration for agency. As regards 
 " empties," the company also admitted, that while they allowed to 
 Messrs. Chaplin and Home a cartage of 2s. per ton, no similar pay- 
 ment (or rebate, as it would be in his case) had been made to the 
 complainant. We are of opinion that he is entitled to it. The com- 
 plainant withdrew his complaint against the company for non-ftilfil- 
 ment of the requirements of the Act of 1873, as respects the keeping 
 of a book of rates at the Salisbury station, showing the various goods- 
 rates in force for the time being, and the distances from Salisbury of 
 all the stations or places to which goods are rated from Salisbury. 
 The book was produced before us, and we feel bound to observe 
 was not as clear or complete as it sliovdd have been. As regards the 
 remaining complaint, that the company showed partiality in the 
 matter of granting credit to traders in Salisbury by refusing monthly 
 credit accounts to any but customers of Messrs. Chaplin and Home, 
 it was proved that this was not the case, and that the charge of par- 
 tiality was not well founded. Our order, therefore, will be in favour 
 of the complainant upon the second and fourth heads of his com- 
 plaint, and in favour of the company upon the third and fifth. Upon 
 the first and sixth heads we make no order. It will not be necessary 
 
 C
 
 XXXIV INTRODUCTION. 
 
 for the complainant to issue a writ of injunction ; but, if our order 
 sbouUi be disobeyed by the company, it will be competent for him 
 to apply to us for an order of attachment, or other order, for the 
 purpose of enforcinj,' our decision, as prescribed by tlie 3rd section 
 of the Railway and Canal Traffic Act, 1854, tlic jurisdiction conferred 
 by that Act being jriven to us by tlie 6th section of the Rejrulation 
 of Railways Act, 1873. We adjudge the complainant to be entitled 
 to his costs." 
 
 Buclifastleigh and Totnes Bailway Company v. South Devon 
 Eailway Coynjyany, 19th February, 1874. (^Before Sir 
 F. Fed, Mr. Macnamara, and Mr. Price.) 
 
 In this case an application was made to the railway commissioners 
 to hear and determine certain differences between the Buckfastleigh 
 and Totnes Railway Company and the South Deyon Railway Company, 
 in lieu of a reference to arbitration. 
 
 Mr. Littler, Q.C., and Mr. Batten appeared for tlie plaintiffs; and 
 Mr. Lopes, Q.C., and Mr. C. Bowcn for tlie defendants. 
 
 The point inyt)lycd was the construction of an agreement entei'ed 
 into between the two companies in 1865 in i-eference to tlie working 
 of a small brauLJi line from Buckfastleigh to Totnes and Ashburton. 
 It was contended for the i)laintiffs that, imder the agreement, an 
 equal share of the terminal charges for traffic oyer the Buckfastleigh 
 line was to be paid by each company, with a mileage rate for con- 
 veyance of gootls. The defendants' company had not carried out the 
 agreement generally, and in particular in the case of the conyeyance 
 of certain goods from Stayerton to I'lymoutli, for, whereas the proper 
 proportion to haye been paid by the Buckfastleigh Company was £32, 
 they had only paid £8. The South Deyon had also diarged !.«. a mile 
 on a horse-tramway from Totnes to Totnes Quay ; though the act 
 under which the line was constructed fi.xed the maxunum at 4d. 
 a mile. 
 
 The Comnaissioners, having heard cyidence, postponed their deci- 
 sion, which was deliyered on 2 1st Fel)ruary by Sir F. Peel, 
 wiio said : 
 
 " This is a case of certain differences between two railway com- 
 panies as to the right construction of a working agreement they have 
 entered into, in relation to its l)earing upon an account between them, 
 and the case is brouglit before us for our decision, instead of being 
 referre«l to arbitration under the 8th section of the Regulation of 
 Railways Act, 1873. The railway from Asliburton to tlie Totnes 
 Station of the South Devon Company, and thence to Totnes Quay, 
 on the River Dart, is the property of tlie Buckfastleigli Company,
 
 INTRODUCTION. XXXV 
 
 but is maintained and worked by the South Devon Company; and the 
 working agreement provides that the South Devon Company's 'gross 
 receipts ' from the railway shall be divided in certain proportions 
 between that company and the Buckfastleigh Company, and shall 
 include one half of all terminal charges and a mileage proportion in 
 respect of the Buckfastleigh Railway of all through fares, rates and 
 charo-es. In the statement or account of the traffic and receipts of 
 that railway for the half-year to the 30th June, 1873, the South 
 Devon Company have treated as through traffic only the traffic to and 
 from the railway of a third company, and as regards any terminal 
 charo-es on traffic between their own line and the Buckfastleigh line 
 have placed to the credit of the gross receipts a mileage proportion 
 only of such charges, instead of one-half, as contended for by the 
 Buckfastleigh Company, according to what they maintain to be 
 the true intent and effect of the 23rd article of the agreement. 
 The question turns in a great measure upon the wording of that 
 article ; and having regard thereto the Commissioners do not see any 
 distinction made by the agreement between the lines the property of 
 the South Devon Company and the lines of any other company as 
 regards traffic to and from the Buckfastleigh Railway, and as there 
 is no reason to doubt that terminal charges form a part of the goods- 
 rates in both cases, we are of opinion that for either description of 
 this traffic one-half of the terminal charges should be carried to the 
 account of the gross receipts. In the same half-year the South Devon 
 Company appear further, as regards traffic to and from the railway of 
 a third company — as, for instance, the Bristol and Exeter — to have 
 considered the terminal charges, of which one-half belongs to the 
 gross receipts, to mean only such charges as they received for the 
 station at their own end ; but the Commissioners are of opinion that 
 they include terminal charges for both ends. By the Buckfastleigh, 
 Totnes, and South Devon Railway Act, 1864, the short railway con- 
 necting the South Devon Railway with the Totnes Quay, on the 
 River Dart, is to be worked by horse-power only ; and the sum the 
 South Devon Company have dejnanded for haulage of traffic on this 
 branch is in excess of the maximum rate authorised by that act, if 
 such rate applies as well where horse-power is used as ui the case of 
 locomotive engines. AVe are of opinion that it does so apply, and 
 that the South Devon Company have no power to charge a rate on 
 this branch exceeding the limits imposed by the act. The Buck- 
 fastleigh Company complain of deductions made from gross receipts 
 before division, on account of cartage and delivery. The Commis- 
 sioners think that in the case of cartage rates a reasonable deduction 
 on that account is not inconsistent with the provisions of the working 
 aoreement, and we do not find that any undue amount has been 
 deducted on that account. Charges for such services when per-
 
 XXXvi INTRODUCTION. 
 
 formctl by the South Devon Company stanil apart from receipts 
 aceruin" from the line, luul may therefore be deducted jirior to divi- 
 sion. The last complaint of the Buckfastlci<j:h Company as to the 
 route by which the Soiitli Devon Company work the Buckfa-stleifrh 
 traffic with their Plymouth and Tavistock branch has not been nuide 
 out to the satisfaction of the Commissioners. It appears that half 
 the additional mileage run over past the junction is excluded in cal- 
 culating the division of receipts, and that a want of accommodation 
 at the junction prevents for the present a more direct route being 
 adopted. The regulation on this subject of the railways clearing- 
 house has not, in our view, been adopted into the agreement between 
 the companies, and we do not consider the references wliich occur in 
 it to the clearing-house to have the effect of entitling the Buckfast- 
 leigh Company to require the division of any portion of the gross 
 receipts to be governed by that regulation. Our onler as to costs 
 will be in favour of the Buckfastleigh Company."
 
 Cl)e i^ractice of tl)e iaailtoap 
 Commissioners' Courts. 
 
 PART I. 
 
 PRACTICE UNDER " THE REGULATION OF RAILWAYS 
 
 ACT, 1873," 3G & 37 VICTORIA, CHAPTER 48. 
 
 " A N Ad to mahe better Provision for carrying into effect 
 jt\ the Bailway and Canal Traffic Act, 1854, and for 
 other Purposes con7iected thereivith. [2lst July, 1873.] 
 
 " Be it enacted by the Queen's most Excellent Majesty, 
 by and luith the advice and consent of the Lords Spiritual 
 and Ter^iporal, and Commons, in this present Parliament 
 assembled' y and by the authority of the same, as follows: 
 
 Preliminary. 
 " 1. This Act may be cited as the Regulation of Railways Short title. 
 Act, 1873.^ 
 
 '' 2. This Act shall, except as herein is othenvise ex- Commence- 
 
 j7 /? / 7 J- ment of Act. 
 
 pressly provided, come into operation on the Jirst day of 
 
 September one thousand eight hundred and seventy-three, 
 
 which date is in this Act referred to as the commencement 
 
 of this Act. 
 
 "3. In this Act Definitions. 
 
 " The term ' raihvay company ' includes any person being 
 the owner or lessee of or worhing any railway in the United 
 
 ' As to the general practice under the Act, except that having 
 special reference to particular sections, see notes on Section 6, post, 
 p. 8 et seq. 
 
 The law under the Railway and Canal Traffic Acts, &c., will be 
 found in Part II., post. 
 
 B
 
 2 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 Kingdom consiruded or carried on under the poweis of any 
 Act of Parliament : 
 
 "The term 'canal company' includes any person being 
 the owner or lessee of,or worldng, or entitled to charge 
 tolls for the use of any canal in the United Kingdom con- 
 structed or carried on under the poiveis of any Act of 
 Parliament : 
 
 "The term 'person' includes a body of persons corpo- 
 rate or unincorporaie : 
 
 " The term ' railway ' includes every station, siding, 
 wharf, or dock of or belonging to such railway and used 
 for the purposes of public traffic : 
 
 " The term 'canal' includes any navigation which has 
 been made under or upon which tolls may be levied by au- 
 thority of Parliament, and also the wharves and landing- 
 places of and belonging to such canal or navigation, and 
 used for the purposes of public traffic: 
 
 "The term 'traffic' includes not only passengers and 
 their luggage, goods, animals, and other things conveyed by 
 any railway company or canal company, but also carriages, 
 xcaggons, trucks, boats, and vehicles of every description 
 adapted for running or passing on the railway or canal of 
 any such company : 
 
 " The term ' mails ' includes mail bags and post-letter 
 bags : 
 
 " The term ' special act ' means a local or local and 
 personal Act, or an Act of a local and personal nature, 
 and includes a Provisional Order of the Board of Trade 
 confirmed by Act of Parliament, and a certificate granted, 
 by the Board of Trade under the Railways Construction 
 Facilities Act, 1864: 
 
 " The term 'the Treasury' means the Commissioners of 
 Her Majesty's Treasury for the time being : 
 
 " Thr term ^ superior court' means in England any of 
 Her Majesty's Superior Courts at Westminster, in Ireland 
 any of Her Majesty's Superior Courts at Dublin, and in 
 Scotland till fk)urt (f Session."
 
 PRACTICE UNDER THE ACT. 3 
 
 Most of the above terms are explained in somewliat 
 similar language in the Railway and Canal Traffic Act 
 of 1854. It is important to bear in view the definition 
 of the term " Special Act.'^ The " Railways Construction 
 Facilities Act, 1864/' is 27 & 28 Vict. c. 121. The form 
 of the certificate of the Board of Trade is No. 2 of the 
 schedule of that Act, and is printed in the Appendix. 
 
 The Act of 1854, which is printed at length in the The term " the 
 Appendix, is not so comprehensive with respect to its defined. 
 definition of " railway," which now extends to a siding 
 dock or wharf. The construction of the term '' the 
 railway " in a local Act was decided in a leading case 
 under the following circumstances. The Bristol and 
 Exeter Railway Company was incorporated by the 6 
 Will. 4, c. 36, and the Bristol and Exeter Railway and 
 certain branches were made under that and subsequent 
 Acts. The 8 & 9 Vict. c. 55 was passed — 
 
 " To amend the Acts relating to the Bristol and Exeter Railway 
 Company and to authorize the formation of a junction railway and 
 several branch railways connected with the same." 
 
 Sect. 19 of the last-mentioned Act limited the charge for 
 the carriage of certain articles conveyed on " the railway." 
 The words " the railway " in other parts of. the Act were 
 used sometimes to denote the original line, and sometimes 
 merely the junction and branch railways authorized by 
 the Act. The Court of Exchequer held that *^'the 
 railway" in sect. 19 applied to the whole line. Qartonv. 
 Bristol and Exeter Railway ComiJany, 28 L. J. Exch. 169 ; 
 affirmed in error suh nom. Bristol and Exeter Bailway Com- 
 pany V. Qarton, 5 Jur. (N. S.) Exch. 1172 ; 33 L. T. 306, 
 and upon appeal to the House of Lords, 7 Jur. (N. S.) 
 173; 3 L. T. (N. S.) 251 ; 8 H. of L. Cas. 477. See 
 also Midland Bailway Company v. Amhergate and Eastern 
 Junction Bailway, 10 Hare. 359. By the ''Railways 
 Clauses Consolidation Act, 1845," applicable to England 
 and Ireland, and by the " Railways Clauses Consolidation 
 (Scotland) Act 1845," the expression '' the railway "
 
 4 THE REGUT.ATION OF RAILWAYS ACT, 1873. 
 
 Anpointment 
 of Riiilway 
 C'oniinis- 
 
 Comiiiis- 
 FJoiKTS not to 
 \yo int«»rn«ted 
 ill railway or 
 canal iit(x;k. 
 
 means " the railway works by the special Act authorized 
 to be constructed." 
 
 The following interpretation clause in the Act of 1854 
 is omitted from the present Act — 
 
 " A station, tenuinus, oi- wliarf shall be deeraed to be near 
 another station, terminus, or wharf, when the distance between 
 such stations, termini, or wharves shall not exceed one mile, such 
 stations not being situate within five miles from St. Pdiil's Church 
 in London." 
 
 Appointment and Duties of Railway Commissioners. 
 
 " 4. For the purpose of carrying into effect the promsions 
 of the Railway and Canal Traffic Act, 1854, and of this 
 Act, it shall he lauful for her Majesty, at any time after the 
 jjassing of this Act, hy warrant under the royal sign manual, 
 to appoint not more than three Commissioners, of whom one 
 shall he of experience in the laxo and one of experience in 
 raihvay husiness, and not more than two Assistant Com- 
 missioners, and upon the occurrence of any vacancy in the 
 office of any such Commissioner or Assistant Commissioner 
 from time to time in like manner to appoint some fit person 
 to fill the vacancy. It shall he lawful for the Lord Chan- 
 cellor, if he think fit, to remove for inahility or mishehaviour 
 any Commissioner appointed in pursuance of this Act. 
 
 " The three Commissioners appointed under this Act 
 [and in this Act referred to as the Commissioners) shall he 
 styled the Railway Commissioners, and shallhave an official 
 seal which shall he judicially noticed. They may act not- 
 withstanding any vacancy in their numher. The said 
 Assistant Commissioners shall hold office during the pleasure 
 of her Majesty. 
 
 " 5. Any person appointed a Commissioner xtnder tJiis Act 
 shall vnthin three calendar months after his appointment 
 ahsolutely sell and dispose of any stock, share, debenture 
 stock, debenture hond, or other security of any railway or 
 canal company in the United Kingdom which he shall at the 
 time of his appointment own or he interested in for his own
 
 PRACTICE UNDER THE ACT. 5 
 
 benefit; and it shall not he lawful for any person appointed 
 a Commissioner tinder this Act, so long as he shall hold 
 office as such Commissioner, to purchase, taJce, or become in- 
 terested in for his oton benefit any such stock, share, deben- 
 ture stock, debenture bond, or other security ; and if any 
 such stock, share, debenture stock, debenture bond, or other 
 security, or any interest therein, shall come to or vest in 
 such Commissioner by will or succession, for his own benefit, 
 he shall loithin three calendar months after the same shall 
 so come to or vest in him absolutely sell and dispose of the 
 same or his interest therein. 
 
 " It shall not be lawful for the Commissioners, except by 
 consent of the parties to the proceedings, to exercise any 
 jurisdiction by this Act conferred upon them in any case in 
 which they shall be, directly or indirectly, interested in the 
 matter in question. 
 
 " The Commissioners shall devote the ivhole of their time 
 to the loerformance of their duties iinder this Act, and shall 
 not accept or hold any office or employment inconsistent with 
 this provision. 
 
 " 6. Any person comp)laining of anything done or of any Transfer to 
 omission made in violation or contravention of section 2 of sioners of 
 the Baihvay and Canal Traffic Act, 1854, or of section 16 jurisdiction 
 
 . . . under 17 & 18 
 
 of the Regulation of Railways Act, 1868, or of this Act, or vict. c. 3i, 
 of any enactment amending or applying the said eyiactments ^' ^' 
 respectively , may apply to the Commissioners, and upon the 
 certificate of the Board of Trade alleging any such violation 
 or contravention any person appointed by the Board of Trade 
 in that behalf may in liice manner apply to the Commis- 
 sioners ; and for the purpose of enabling the Commissioners 
 to hear and determine the matter of any such complaint, 
 they shall have and may exercise all the jurisdiction con- 
 ferred by section 3 of the Raihvay and Canal Traffic Act, 
 1854_, on the several courts and judges empoivered to hear and 
 determine complaints under that Act ; and may make orders 
 of like nature 'tvitlt the lorits and orders authorized to be 
 isstwd and made by the said courts and judges • and the
 
 6 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 said courts and judges shall, except for the purpose of en- 
 forcing any decision or order of the Commissioners , cease to 
 exercise the jurisdiction conferred on them by that section." 
 
 s. 3 of Act of It may here be convenient to quote section 2 of tho 
 
 Act of 1854, which enacts that, — 
 
 " Every railway company, canal company, and railway and canal 
 company, shall, according to their respective powers, afford all 
 reasonable facilities for the receiving and forwarding and delivering 
 of traffic ujion and from the several railways and canals l)elongh)g to 
 or worked by snch companies respectively, and for tlie return of 
 carriages, trucks, boats, and other vehicles, and no such company 
 shall make or give any midue or unreasonable preference or advan- 
 tage to or in favour of any particular person or company, or any 
 particular descrii)tion 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 preju- 
 dice or disadvantage in any respect whatsoever ; 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 communication, or which have the 
 termiiuis station or wharf of the one near the teniiinns station or wharf 
 of the other, shall alFord all due and reasonable facilities for receivmg 
 and forwarding ail the traffic arriving by one of such railways or canals 
 by the other, without any inireasonable delay and without any such 
 preference or advantage or prejudice or disadvantage as aforesaid, and 
 so that no obstruction may be oflered to the ])ui)lic desirous of using 
 such railway or canal, or railways and canals, as a continuous line 
 of couununication, and so that all reasonable accommodation may, 
 by means nf tlie railways and canals of the several companies, be at 
 all times affitrded to the public in that behalf." 
 
 .s. 3 of Act of Section 3 of tho Act of 1854 provided the remedy for 
 non-performance or violation of the foregoing section, 
 and the remedy and jm'isdiction arc now transferred to 
 the Coininissioners. The section enacted that — 
 
 " It shall be lawful for any company or person complaining against 
 any such companies or company of anything done or of any omission 
 made in violation or contravention of this Act, to ajiply in a sum- 
 mary way by motion or suunnons in JCiif^land to Her Majesty's 
 Court of Common Pleas at Westminster, or in Irclaiid to any of Her 
 Majesty's Superior Courts in Duhliii, or in Scotland to the Court of 
 Session in Scatlund, as the case may be, f>r to any judge of any 
 such court; and upon the cerlilicate to Her Majesty's Attorney
 
 PRACTICE UNDER THE ACT. 7 
 
 General in England or Ireland or Her Majesty's Lord Advocate 
 in Scotland, of the Board of Trade alleging any such violation or 
 contravention of this Act by any such companies or company it 
 shall also be lawful for the said Attorney-General or Lord- Advo- 
 cate to apply in like manner to any such court or judge, and in 
 either of such cases it shall be lawful for such court or judge to 
 hear and determine the matter of such complaint ; and for that 
 purpose, if such court or judge shall think fit, to direct and prose- 
 cute in such mode and by such engineers, barristers, or other 
 persons as they shall think proper, all such inquiries as may be 
 deemed necessary to enable such court or judge to form a just 
 judgment on the matter of such complaint ; and if it be made 
 to appear to such court or judge on such hearing or on the report of 
 any such person, that anything has been done or omission made in 
 violation or contravention of this Act, by such company or com- 
 panies it shall be lawful for such court or judge to issue a writ of 
 injunction or interdict, restraming such company or companies from 
 further continuing such violation or contravention of this Act, and 
 enjoining obedience to the same ; and in case of disobedience of 
 any such writ of injunction or interdict it shall be lawful for such court 
 or judge to order that a writ or writs of attachment or any other process 
 of such court incident or applicable to writs of injunction or interdict, 
 shall issue against any one or more of the directors of any comj^any, 
 or against any owner, lessee, contractor, or other person failing to 
 obey such writ of injunction or interdict ; and such court or judge 
 may also, if they or he shall think fit, make an order du-ecting the 
 payment by any one or more of such companies of such sum of 
 money as such court or judge shall determine not exceeding for 
 each company the sum of two hundred pounds for every day, after 
 a day to be named in the order, that such company or comj^anies shall 
 fail to obey such injunction or interdict ; and such monies shall be 
 payable as the court or judge may direct either to the party com- 
 plaining, or into court to abide the ultimate decision of the court or 
 to Her Majesty, and payment thereof may without prejudice to any 
 other mode of recovering the same, be enforced by attachment or 
 order in the nature of a writ of execution, in lilie manner as if the 
 same had been recovered by decree or judgment in any superior 
 court at Westminster or Dublin, in England or Ireland, and in Scot- 
 land hy such diligence as is competent on an extracted decree of tlie 
 Court of Session ; and in any such proceeding as aforesaid, such 
 court or j udge may order and determine that all or any costs thereof 
 or thereon incurred shall and may be paid by or to the one party or 
 the other, as such court or judge shall think fit ; and it shall be lawful 
 for any such engineer, baxTister, or other person if directed to so do 
 by such court or judge, to receive evidence on oath relating to the 
 matter of any such inquiry, and to administer such oath."
 
 8 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 I'ruvision for 
 securing 
 etjiiulity of 
 treaimeiit 
 where rail- 
 way company 
 witrks steaiu 
 vessels, 31 A: 
 3-' Vict. c. 119, 
 8. 16. 
 
 Form of appli- 
 cation geuu- 
 rally. 
 
 Tho "Regulation of Railways Act, 18G8," is 31 & 32 
 Yict., c. 119. Suction IG, above refeiTcd to, enacts: — 
 
 " Where a company is authorized to build, or buy, or hire, ami to 
 use, maintain, and work, or to enter into arrangements for using, 
 maintaining, or working steam vessels for the i)uri)ose of earrying on 
 a oonnnunication between any towns or jiorts, and to take tolls in 
 respect of such steam vessels, then and in every such case tolls 
 shall be at all times charged to all persons e(iually and after the 
 same rate in respect of passengers conveyed m a like vessel jiassing 
 between the same places under like circumstances ; and no reduction 
 or advance in the tolls shall be made in favour of or against any 
 person using the steam vessels in consequence of his having tra- 
 velled or being about to travel on the whole or any part of the 
 comi)any's railway or not having travelled or not behig about to 
 travel on any part thereof, or in favour of or against any person 
 usiuf^ the railway in consequence of his having used or being about 
 to use, or his not having used or not being about to use the steam 
 vessels;, and where an aggregate sum is charged by the company 
 for conveyance of a passenger Ijy a steam vessel and on the railway, 
 the ticket shall have the amount of toll charged for conveyance by 
 the steam vessel distinguished from the amoinit charged for 
 conveyance on the railway. The provisions of the Railway and 
 Canal Traffic Act, 1854, so far as the same are applioal)k', shall 
 extend to the steam vessels and to the traffic carried on thereby." 
 
 Application or Complaint to the Commissioners. 
 
 Every application made to the Commissioners must bo 
 in writing or in print, or partly in writing and partly in 
 print, and be signed by the applicant, or in the case of a 
 corporate body or company, or local harbour board, be- 
 ing the applicant, be sealed with their seal, and signed by 
 tlioir secretary, or other officer acquainted with the facts 
 stated in the application. It must contain a clear and 
 concise statement of the facts, the grounds of application, 
 and of the relief or remedy to which tho applicant claims 
 to be entitled. It must be divided into paragraphs, each 
 of which, as nearly as may be, must bo confined to a dis- 
 tinct portion of the subject, and every paragraph must bo 
 numbered consecutively. It must be endorsed with tho 
 name and address of tho applicant, and if there bo an 
 attorney acting for him in the matter, with the name
 
 PRACTICE UNDER THE ACT. y 
 
 and address of sucli attorney ; and if he be an agent for 
 another attorney in the matter, then also with the name 
 and address of such other attorney. [Oeneral Order 
 No. 2.) The application must be according to Form 
 No. \, in the Appendix, or to the like effect. 
 
 Every application made to the Commissioners under Under ss. 6 
 this as well as the thirteenth section, must be for a sum- 
 mons calling upon the company complained of to show 
 cause why a writ of injunction should not issue against 
 them, enjoining them to do or to desist from doing the 
 acts therein specified. [Order No. 3.) 
 
 Any application should be left with the Registrar to the How left at 
 Commissioners at their offices, with three copies thereof, sioners' offices. 
 and with any documents, maps, plans, time-tables, and 
 special Acts referred to therein, or which may be useful 
 in explaining or supporting the same. The Registrar 
 gives a receipt for these, which will be according to Form 
 No. 2, in the Appendix, and he enters particulars of the 
 application, together with the date of its being left with 
 him, in a book kept for that purpose. The Registrar 
 makes out a list of the applications so left, according to 
 the order in which they are received by him ; and this list 
 can be inspected at the office during office hours, and is 
 put upon a notice board appropriated to proceedings 
 under the Act. The applications are heard by the Com- 
 missioners so far as practicable, according to the order in 
 which they are entered upon the list. {Order 13.) 
 
 If the Commissioners, at any stage of the proceedings, Inquiries 
 think fit to direct inquiries to be made under section 3 of "J^thL A"t of 
 the " Railway and Canal Traffic Act, 1854,^' or section 25 1854. 
 of this Act, they give notice thereof to the parties to the 
 application, and can stay proceedings, or any part of the 
 proceedings thereon, until further notice from them. 
 {Order 16.) 
 
 Consent Cases. 
 
 In all cases the parties can, by consent in writing.
 
 10 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 Parties dis- 
 ]>ciisin>; willi 
 tbruial pro- 
 ceedings. 
 
 Hearing of 
 application 
 for leave to 
 issue. 
 
 Issuing. 
 
 Sin'ice. 
 
 dispense with the formal proceedings mentioned in the 
 General Orders, or some portions of them; and orders by 
 consent can be drawn up, and, if approved of by the Com- 
 missioners, are sealed with their seal. {Order 17.) 
 
 Writ of Summons. 
 
 Unless the parties consent as above, and unless the 
 applicant should have received notice of the sus]icnsion 
 of proceedings within the period of five days, he can, at 
 the expiration of that period, apply to the Registrar for 
 an appointment when his application may be heard, and 
 the Registrar then gives him an appointment in wi-iting, 
 stating the day and hour when the application is to be 
 heard by the Commissioners. It is then, if practicable, 
 heard, and the facts stated in the application are proved 
 by afl&davit or otherwise. The Commissioners then grant 
 or refuse leave to issue a writ of summons, and the grant- 
 ino- or refusal is endorsed on the application. {Order 18.) 
 If leave to issue a writ of summons be granted, the 
 applicant or his attorney prepares the same according to 
 Form No. 3 (Appendix) ; and it must be endorsed with 
 the name and residence and addition of the applicant, 
 and, if there be an attorney, the name and address of the 
 attorney, and, if he be an agent for another attorney in 
 the matter, then also the name and address of the other 
 attorney. It must also be subscribed with a memoran- 
 dum, that the defendants shall put in an answer to the 
 application within ten days from the service of the wiit. 
 The writ of summons, and a copy or copies, and a copy 
 of the application, for the purpose of service, are sealed 
 by the Registrar. {Order 19.) 
 
 A copy of the wnt of summons together with a copy 
 of the application is served by leaving the same with the 
 secretary or other chief clerk of the defendants at their 
 principal office in any part of the United Kingdom, or if 
 sei'vice cannot thus be effected, then in such manner as 
 the Commissioners may direct. {Order 20.)
 
 PKACTICE UNDER THE ACT. 11 
 
 The person serving the writ and application must Endorsement 
 forthwith endorse on the writ the day of the month of ° service. 
 the service, and aflBdavit of service of the writ and appli- 
 cation, stating the day on which service was made, must 
 thereupon be left with the Registrar. (Order 21.) 
 
 Time for Appearance and Shoiving Cause. 
 The writ of summons requires the defendants to appear ]^°^ stated 
 
 ^ .. ,, ,. .-.in writ of 
 
 before the Commissioners at the place therein mentioned summons. 
 in twenty days from the service to show cause against 
 the application, but the Commissioners can enlarge the 
 time for appearance and showing cause. [Order 22.) 
 
 Answer. 
 
 Within ten days from the service of the writ of summons. Time for de- 
 or within any fm-ther or extended time, as may be fixed fOTm"^ofan- 
 by a special order of the Commissioners, the defendants ^^'^^• 
 must deliver to the applicant or to his attorney a printed 
 or written or partly printed and written statement, contain- 
 ing in a clear and concise form their answer to the applica- 
 tion, and leave four copies with the Registrar, together with 
 any documents that may be useful in explaining or sup- 
 porting it, and the Registrar gives a receipt for the same. 
 The answer can admit the whole or any part of the appli- 
 cation. It must be divided into paragraphs numbered 
 consecutively, and it must be sealed with the seal of the 
 company and signed by the person actually making the 
 answer, and who is acquainted with the facts therein 
 stated. It must be endorsed with the name and address 
 of the defendants, and, if there be an attorney acting for 
 them in the matter, with his name and address, and if he 
 be agent for another attorney in the matter, then also with 
 the name and address of such other attorney. It must 
 be in form No. 4 in the Schedule to the General Orders 
 (Appendix), or to the like effect. {Order 23.) 
 
 The Commissioners may at any time require the whole Verification 
 
 01 tXnswGr 
 
 or any part of the answer to be verified by afiidavit, upon
 
 12 THE REGUI.ATION OF RAILWAYS ACT, 1873. 
 
 Time for do- 
 livery anil 
 form of rej)l y. 
 
 Commis- 
 sioners may 
 direct issues. 
 
 Power to raise 
 and decide 
 preliminary 
 questions of 
 law. 
 
 Commis- 
 bioiiers may 
 
 giving a notice to that effect to the defendants, and if the 
 notice be not complied with, the answer can bo set aside, 
 or such part of it as is not verified according to the notice, 
 struck out. {Order 24.) 
 
 Reply. 
 
 Within four days from the delivery of tho answer to 
 the applicant or Avithiu any further or extended time as 
 may be fixed by a special order of the Commissioners, ho 
 must deliver a reply thereto to the defendants and four 
 copies to the Registrar, and can object to the answer as 
 being insufficient, stating the grounds of the objection or 
 deny the facts stated therein, or admit the whole or any 
 part of the facts. The reply must bo signed by tho 
 applicant, and be according to form No. 5 in the Schedule 
 to the General Orders (Appendix) , or to the liko effect. 
 {Order 25'.) 
 
 Powei' to direct and settle Issues. 
 
 If it appear to the Commissioners at any time that tho 
 statements in the application or answer or reply do not 
 sufficiently raise or disclose the issues of fact in dispute 
 between the parties, they can direct them to prepare issues, 
 and these, if the parties differ, arc settled by tho Com- 
 missioners. {Order 20.) 
 
 Preliminary Questions of Law. 
 
 The Commissioners have power to settle any question 
 of law which it appears to them convenient to decide 
 before further proceeding with the case. This question 
 can be raised for their opinion either by special case or in 
 such other manner as they may deem expedient. All such 
 fm-ther proceedings as the decision of tlie question of law 
 might render unnecessary can be stayed. {Order 27.) 
 
 Preliminary Meeting. 
 The Commissioners can at any time before the hearing
 
 PRACTICE UNDER THE ACT. 
 
 13 
 
 bold prelimi- 
 nary meeting. 
 
 of the application, if it appear to them to be to the advan- 
 tage of the parties, hold a preliminary meeting- for the 
 pm'pose of fixing or altering the place of hearing, determi- 
 ning the mode of conducting the inquiry, the admitting 
 of certain facts, or the proof of them by affidavit, or for 
 any other pm-pose. The Commissioners can hold such 
 meeting upon giving notice to the parties, and can there- 
 upon make such order as should seem to them fit under 
 the circumstances. [Order 28.) 
 
 The Commissioners can also, if they think fit, instead Commis- 
 of holding a preliminary meeting, communicate with the conimunkate 
 parties in writing, and require answers to such inquiries ^i^^^ parties. 
 as they might think fit to make. [Order 29.) 
 
 Production and Inspection of Documents. 
 
 Either party is entitled, at any time before or at the 
 hearing of the case, to give notice in writing to the other 
 party in whose application, or answer, or reply, reference 
 is made to any document, to produce it for the inspection 
 of the party giving the notice or of his attorney, and to 
 permit him to take copies, and any party not complying 
 with the notice is not afterwards at liberty to put any such 
 document in evidence, unless ho satisfy the Commissioners 
 that he had sufiicient cause for not complying with the 
 notice. [Order 30.) 
 
 Documents 
 referred to in 
 statements. 
 
 Notice to Produce. 
 
 Either party can give to the other a notice in writing How notice 
 to produce documents relating to any matters in diflFerence 1,° ^^{y^n.^ ^^ 
 (specifying the same) which are in the possession or 
 control of the other party; and if the notice be not 
 complied with, secondary evidence of the contents of the 
 documents can be given. (Order 31.) 
 
 Notice to admit. 
 Either party can give to the other party a notice in l^ow notice 
 
 ^ "^ ° f J ^Q jj(j„jit to be
 
 14 THE PEGTLATION OF RAILWAYS ACT, 
 
 given, and 
 effect thereof. 
 
 "writing to admit any documents saving all just exceptions ; 
 and in case of neglect or refusal to admit after the notice, 
 the costs of proving such documents must be paid Ly the 
 party neglecting or refusing, whatever the result of the 
 application may be, unless at the hearing the Commission- 
 ers certify that the refusal to admit was reasonable, and 
 no costs of proving a document arc allowed unless tlio 
 notices bo given, except where the omission to give the 
 notice is in the opinion of the taxing master a saving of 
 expense. (Order 32.) 
 
 Power of Com- 
 missioners to 
 proceed ex 
 jHirte. 
 
 The Hearing. 
 
 If the applicant does not appear at the time and place 
 appointed for the hearing, the Commissioners can dismiss 
 the application, and if the defendants do not appear, and 
 the Commissioners arc satisfied that the summons was duly 
 served, they can hear and determine the application ex 
 parte, and if at any adjournment of the hearing the 
 parties or either of them do not apjjear the Commissioners 
 can decide the case in their absence. (Order 34.) 
 
 Attondance of 
 witnesses liow 
 enforced, and 
 rules appli- 
 cable thereto. 
 
 Evidence to 
 be vivii voce 
 except in cer- 
 tain cases. 
 
 Witnesses and Evidence at the Hearing. 
 
 The attendance of witnesses, with or without documents, 
 is enforced in the same manner as it is now enforced 
 in a superior court of law, and the proceedings for that 
 purpose are in the same form, rnutatis mutandis, and they 
 are sealed by the Registrar, and can bo served in any part 
 of the United Kingdom. The witnesses are entitled to 
 the same protection as when subpoenaed or cited to attend 
 in a superior court of law, and the laws and practice now 
 in force relating to witnesses in a superior court of law 
 apply to them in proceedings before the Commissioners. 
 (Order 33.) 
 
 In the absence of any agreement between the parties, 
 the witnesses at the hearing are examined viva voce, 
 but the Commissioners can at any time for sufficient
 
 PRACTICE UNDER THE ACT. 15 
 
 reason order that any particular facts may bo proved by 
 affidavit, or that the affidavit of any witness may be read 
 at the hearing, on such conditions as they think reason- 
 able, or that any witness whose attendance ought for 
 some sufficient cause to be dispensed with, be examined 
 by interrogatories, or otherwise, before a person to be 
 appointed by them for that purpose, provided that when 
 it appears to the Commissioners that the other party hond 
 fide desires the production of a witness for cross-examina- 
 tion, and that such witness can be produced, an order 
 is not made authorizing the evidence of such witness 
 to be given by affidavit. Depositions taken before an 
 Assistant Commissioner or other person authorized to 
 take them, can be read at the hearing, unless the Com- 
 missioners otherwise order. [Order 35.) 
 
 The Commissioners can require further evidence to be Commis- 
 given either viva voce or by affidavit or by deposition require ftinher 
 taken before an Assistant Commissioner or other person evidence, 
 appointed by them for that purpose. {Order 36.) 
 
 The hearing of the case when once commenced proceeds, Hearing to 
 so far as in the judgment of the Commissioners is practi- day^to^day."^ 
 cable, from day to day. [Order 37.) But they can from 
 time to time adjourn any proceedings before them. 
 {Order 50.) 
 
 Judgment of the Commissioners. 
 
 After hearing the case the Commissioners either dis- ^<"™ of judg- 
 miss the application, or make an order in favour of the missioners. 
 defendants, or reserve their decision, or (subject to the 
 right of appeal in the Act,) make such other order upon 
 the application as may be warranted by the evidence, 
 and may seem to them just. {Order 38.) 
 
 The Commissioners can give their decision in writing, Judgment may 
 and it is sent or delivered to the respective parties. It and "enror"^' 
 is not necessary to hold a Court merely for the purpose delivered to 
 of giving a decision. {Order 39.)
 
 10 Tin: REGULATION OF RAILWAYS ACT, 1873. 
 
 Interlocutory 
 ap|tli("ttioii$ 
 liow heard. 
 
 Interlocutory Apj) lications . 
 
 Interlocutory applications arc hoard by the Cora- 
 niissioners upon summons duly served on the person 
 called upon to answer the application, and can bo de- 
 termined in a summary way. Evidence in such cases 
 may bo given by affidavit, but the Commissioners can 
 order the attendance for cross-examination of the person 
 making any affidavit. [Order 44.) 
 
 Affidavits how 
 framed. 
 
 Filing of affi- 
 davits and 
 office copies. 
 
 Affidamts. 
 
 Affidavits must be confined to such facts as the 
 witness is able of his own knowledge to prove, except 
 on interlocutory motions, on which statements as to his 
 belief with the grounds thereof may bo admitted. The 
 costs of every affidavit which unnecessarily sets forth 
 matters of hearsay or argumentative matter, or copies or 
 extracts from documents, must be paid by the party using 
 or filing the same. (Order 45.) 
 
 Affidavits left with the Registrar or used before the 
 Commissioners are filed in their office, and applications, 
 answers, and replies, together with documents left there- 
 with at the office, are also filed there, and office copies 
 are given by the Registrar upon request of the parties. 
 {Order 4G.) 
 
 Power of f'om- 
 niis-ioncrs to 
 amend. 
 
 Formal ohjec- 
 tions not to 
 prevail. 
 
 Amendment. 
 
 The Commissioners can at any stage of the proceedings 
 allow them to be amended or can order to be struck out 
 any matters which may tend to prejudice, embaiTass, or 
 delay, the fair hcanng of the case, and amendments are 
 made as may bo necessary for the purpose of determining 
 the real questions in controversy between the parties ; 
 {Order 51.) but no proceedings under the Act are de- 
 feated by any formal objection. {Order 52.)
 
 PRACTICE UNDER THE ACT. 17 
 
 Practice of Superior Courts of Law when applicable. 
 
 In any case not expressly provided for by the Act or Discrotimi of 
 by the General Orders, the principles of practice in the sionersTn 
 superior courts of law can be adopted and applied at cases not ex- 
 
 , . '- ^ ^ pressly pro- 
 
 the discretion of the Commissioners to proceedings vided for. 
 before them. {Order 54.) 
 
 Computation of Time. 
 
 In all cases in which any particular number of days How time 
 not expressed to be clear days is prescribed by the Act 
 or by the General Orders, the same are reckoned exclu- 
 sively of the first day and inclusively of the last day, 
 unless the last day happen to fall on a Sunday, Christmas 
 Day, or Good Friday, or a day appointed for a public 
 fast or thanksgiving, in which case the time is reckoned 
 exclusively of that day also. [Order 47.) 
 
 The days between Thursday next before and the Wed- What days to 
 nesday next after Easter Day and Christmas Day and the 
 three following days are not reckoned or included in any 
 proceedings under the Act. [Order 48.) 
 
 Fees. 
 
 See notice under the " Public OfiBces Fees Act, 1866,^' Fees, 
 as to the fees taken in relation to any proceeding before 
 the Commissioners. (Appendix.) 
 
 "7. Where the Commissioners have received, any com- Power for Com- 
 plaint alleging the infringement by a railway company or ^nlhlTcom^ 
 canal company of the provisions of any enactment in respect piinies to ex- 
 of which the Commissioners have jurisdiction, they may, if violation of 
 they thinh fit, before requiring or permitting any formal ^^^' 
 proceedings to be tahen on such complaint, communicate the 
 same to the company against whom it is made, so as to afford 
 
 c 
 
 be excluded.
 
 18 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 Communica- 
 tion by Com- 
 mLssioners to 
 company com- 
 pluiued of. 
 
 Commissioners 
 requirinjj fur- 
 ther inl'orma- 
 tion. 
 
 Differences 
 between rail- 
 way and canal 
 companies to 
 be referred 
 to Commis- 
 sioners. 
 
 Form of 
 application. 
 
 them an opportunity of mahing such observations thereo7i as 
 tht'lj may think Jit." 
 
 If tlie Commissioners think fit in pursuance of this 
 section to communicate the application to the company 
 against whom it is made, so as to aSbrd them an oppor- 
 tunity of making observations thereon before requiring or 
 permitting any formal proceedings to be taken thereon, 
 they give notice thereof to the applicant within five days 
 from the date of the application having been left at their 
 office, and thereupon all formal proceedings thereon are 
 suspended until further notice from the Commissioners 
 to the applicant. {Order 14.) 
 
 The Commissioners can also within this period of five 
 days require further information or particulars or docu- 
 ments from the applicant, and can suspend all formal 
 proceedings upon the application until satisfied in this 
 respect. {Order 15.) 
 
 " 8. Wlici'e any difference hetiucen raihvay companies or 
 hetiveen canal companies, or hetiueen a railway company 
 and a canal company, is, under the provisions of any general 
 or special Act, passed either before or after the passing of this 
 Act, required or authorized to be referred to arbitration, 
 such difference shall at the instance of any company party 
 to the difference and ivith the consent of the Commissioners 
 he referred to the Commissionei's for their decision in lieu 
 of being referred to arbitration : Provided, that the power 
 of compelling a reference to the Commissioners in this 
 section contained shall not apply to any case in ichich any 
 arbitrator has in any general or special Act been designated 
 by his name or by the name of his office, or in which, a 
 standing arbitrator having been appointed under any general 
 or special Act, the Comm/issioners are of opinion that the 
 difference in question may more conveniently be referred to 
 him." 
 
 Every application made to the Commissioners under 
 this section (unless both parties consent to refer the
 
 PRACTICE UNDER THE ACT. 19 
 
 difference to tlie Commissioners) is for a summons calling 
 upon the other party to the difference to show cause why 
 it should not be referred to the Commissioners for their deci- 
 sion in lieu of being" referred to arbitration. The applicant 
 must also state whether or not it is a case in which any 
 arbitrator has in any general or special Act been desig- 
 nated by his name or by the name of his office, or in 
 which a standing arbitrator has been appointed under 
 any general or special Act. [Order 4.) 
 
 The Commissioners may exercise their jurisdiction by Commission- 
 any one or two of their number in cases under this f''® acting- 
 
 •' ^ _ _ _ separately. 
 
 section, and on the hearing of applications for leave to 
 issue a summons, and on all interlocutory applications. 
 [Order 53.) 
 
 It is not improbable that some arbitrations by the Arbitration 
 Board of Trade under Part VI. of 31 & 32 Vict. c. 119 ^^n^ers^ltead 
 ["The Regulation of Railways Act, 1868'^), will now be pf Board of 
 conducted by the Commissioners, and that were the 
 Board of Trade required to make an award or to decide 
 a difference in any case in which railway companies are 
 the parties, the Board instead of appointing an arbitrator 
 would refer the matters in dispute to the Commissioners. 
 
 " 9. Any difference to which a railivay company or Power to refer 
 
 canal confipany is a party, may, on the application of the Commirsbn- 
 
 parties to the difference, and with the assent of the Com- ers. 
 missioners, be referred to them for their decision." 
 
 An application made to the Commissioners under this Form of 
 section must be signed by all the parties to the difference, ^^^ ^^^ '*^"' 
 or in the case of a corporate body, sealed with their 
 seal, and be for permission to refer the difference to the 
 Commissioners for their decision. [Order 5.) 
 
 As in the previous section the Commissioners may 
 under this section exercise their jurisdiction by any one 
 or two of their number. [Order 53.) 
 
 This section gives power to refer to the Commissioners Both parties 
 
 -!•«» J. 1 • 1 •! 1 • must agree to 
 
 dinerences to which a railway or canal company is a reference.
 
 20 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 2>(irti/, and is to bo distinguished from the previous 
 section which treats of differences to which railway or 
 canal companies alone are the parties. Under this 
 section both parties must agree to the reference, and even 
 in that case the assent of the Commissioners thereto is 
 necessary. As in the previous section, it is to be 
 assumed the Board of Trade, under Part VI. of the 
 *' Regulation of Railways Act, 1868," in differences in cases 
 in which a railway company is one of the iKirtics, would 
 refer such to the Commissioners. 
 
 Transfer to ct 
 
 Commissioners 
 
 10. The foUowing powers and duties of the Board of 
 ofcortain Trade shall be transferred to the Commissioners ; namely, 
 
 Sudes of the " (1 •) The poivers of the Board of Trade under Part III. 
 
 Hoard of qJ^ ^j^q Bailway Clauses Act, 1863, or under any special 
 
 iio iS: '.'7 Vict. Act, uith respect to the approval of working agreements 
 *^' " '■ between railway companies ; and, 
 
 " (2.) The poicers and duties of the Board of Trade 
 under section thirty-five of the Railway Clauses Act, 1863, 
 with respect to the exercise by railway companies of their- 
 poivers in relation to steam vessels : 
 
 And the provisions of the said Acts conferring such powers 
 or imposing such duties, or otherivise referring to such 
 jjowers or duties, shall, so far as is consistent ivith the 
 tenor thereof, be read as if the Commissioners were therein 
 named instead of the Board of Trade." 
 
 Form of ap- An application made to the Commissioners under sub- 
 
 sub-sec.'i. ' section 1 of this section, is for the approval by the Com- 
 missioners of any working agreement between railway 
 companies of which they desire to have the Commis- 
 sioners' approval, or is for the exercise of any powers 
 (to bo specified in the application) transferred by the 
 sub-section to the Commissioners, with respect to the 
 approval of such working agreement. {Order 6.) 
 Railway Part 111. of the " Railway Clauses Act, 1863'' (26 & 27 
 
 laea^'artVlI. Vict. c. 02),^ refers to working agreements. Section 22 (the 
 
 ' For I'liris III. and 1\'. of this Act, vide Appendix.
 
 PRACTICE UNDER THE ACT. 21 
 
 first section in that part) enacts certain restrictions on 
 agreements between companies, authorized to do so 
 by a special Act, as to (1) the maintenance and manage- 
 ment of the companies respectively, or any one or more 
 of them, or any part, and of the works connected there- 
 with or any of them ; (2) the use and working of the 
 railways or railway, or of any part thereof, and the con- 
 veyance of traffic thereon ; (3) the fixing, collecting, and 
 apportionment of the tolls, rates, charges, receipts and 
 revenues levied, taken, or arising in respect of traffic. 
 
 Section 23 treats of the requisite sanction of the 
 shareholders to agreements. Section 24 enacts that 
 before the companies enter into the agreement, notice of 
 their intention to do so shall be given by them or one of 
 them in a form to be approved by the Board of Trade 
 [now, hy the Commissioners), inserted once at least in 
 each of three successive weeks in some newspaper pro- 
 scribed in the special Act, and if no county is prescribed 
 then in the county or one of the counties in which each 
 railway to the maintenance, &c., whereof the proposed 
 agreement relates, or some portion of that railway is 
 situate, and the notice shall set forth within what time 
 and in what manner any company or person aggrieved 
 by the proposed agreement, and desiring to object 
 thereto, may bring the objection before the Board of 
 Trade [now, before the Commissmiers) . Section 25 enacts 
 that the agreement shall not have any operation until it 
 is approved by the Board of Trade {noio, the Commis- 
 sioners) ; and the Board of Trade {jioiv, the Commis- 
 sioners) shall not approve of the agreement without 
 being satisfied of its having received the sanction of 
 meetings of the respective companies before mentioned. 
 
 The remaining sections of Part III. 26, 27, 28 and 29, 
 treat respectively of (1) the joint committee for the 
 purposes of agreements ; (2) agreements between 
 companies being modified by the Board of Trade [now, 
 hy the Commissioners) ; (3) working agreements between
 
 22 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 a company and an individual ; and (■!•) alteration of an 
 agreement, 
 i^ailway Part TV. of tbe " Railway Clauses Act^ 1863," refers ex- 
 
 1863'^T'iut 1 V. clusively to st-eam vessels. The first section under it, 
 viz. 30 of the Act, contains a provision for equality of 
 treatment of persons travelling by steam vessels worked 
 by railway companies. Section 31 extends the pro- 
 visions of the " Railway and Canal Ti-affic Act, 1854," to 
 steam vessels and to the traffic carried on thereby. Sec- 
 tion 32 empowers the company to make bye-laws for 
 resrulatinfr steam vessels. Sections 33 and 34 treat of 
 the recovery of money by distress, and as to several 
 names in one warrant. Section 35, more particularly 
 referred to in section 10 of this Act, enacts that in every 
 seventh year after the passing of the special Act, 
 reckoned from the first day of January next after its 
 passing, the Board of Trade (now, the Commissioners), if 
 they are of opinion that the interests of the public are 
 prejudicially affected by the exercise of the powers of the 
 company relative to steam vessels, may give to the com- 
 pany notice in wi-iting thereof, and of the reasons on 
 which that opinion is founded ; and if the company does 
 not before the beginning of the then next Session of 
 Parliament, make provision to the satisfaction of the 
 Board of Trade (now, the Commissioners) for protection of 
 the interests of the public, or if the injury done to the 
 interests of the public is in the opinion of the Board of 
 Ti'ade {nov:,t]ie Commissioners) incapable of being remedied 
 by the company, then the Board of Trade [now, the Commis- 
 sioners) , at the beginning of the Session of Parliament the 
 next following, shall report to both Houses of Parliament 
 such their opinion, and the reasons on which that opinion 
 is ftiunded ; and at the expiration of twelve calendar 
 months after the presentation to the Houses of Parlia- 
 ment of that report, the powers of the company relative 
 to steam vessels, or such of them as are specified in the 
 report, shall, unless Parliament in the meantime other- 
 wise provides, cease to be exercised.
 
 PRACTICE UNDER THE ACT. 23 
 
 Explanation and Amendment of Law. 
 
 ''11. Wliereas hy section two of the Railway and Canal Explanation 
 Traffic Act, 1854, it is enacted that every raihvay company yi^t. c. 31 
 and canal company and railway and canal company shall, ^- ^'''^^,*° ^ 
 according to their respective powers, afford, all reasonable 
 facilities for the receiving a^id forwarding and delivering 
 of traffic upon and from the several railways and canals 
 belonging to or ivorked by such companies respectively, 
 and for the return of carriages, truchs, boats, and other 
 vehicles ; and that no such company shall mahe or give any 
 undue or imreasonable preference or advantage to or in 
 favour of any particular person or company, or any parti- 
 cular description of traffic, in any respect ivhatsoever, or 
 shall subject any partictdar person or company, or any 
 particular description of traffic, to any undue or imreasonable 
 prejudice or disadvantage in any respect whatsoever ; and 
 that every railway company and canal company and railway 
 and canal company having or worhing railways or canals 
 which form part of a continuous line of raihvay, or canal or 
 railway and canal communication, or which have the terminus 
 station or wharf of the one near the terminus station or 
 ivharf of the other, shall afford all due and reasonable 
 facilities for receiving and forwarding by one of such rail- 
 ways or canals cdl the traffic arriving 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 rising such railways or canals or railivays and 
 canals as a continuous line of communication, and so that 
 all reasonable accommodation may by means of the rail- 
 ways and, canals of the several companies be at all times 
 afforded to the public in that behalf : 
 
 '' And whereas it is expedient to explain and amend the 
 said enactment : Be it therefore enacted, that — 
 
 " Subject as hereinafter mentioned, the said facilities to 
 be so afforded are hereby declared to and shall include the
 
 24 TUE REGULATION OF RAILWAYS ACT, 1873. 
 
 due and reasonable receiving, forwarding, and delivering 
 hif every raihcay company and canal rompany, and railway 
 ami 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 througli rates, tolls, or 
 fares {in this Act referred to as through I'atcs) . 
 
 *' Provided as follows : 
 
 " (1.) The company requiring the traffic to befonvarded 
 shall give ivritten notice of the proposed through rate to 
 each forwarding company, stating both its amount and its 
 apportionment, and the route by which the traffic is pro- 
 posed to be forwarded : 
 
 " (2.) Each forwarding company shall, within the pre- 
 scribed period after the receipt of such notice, by uritten 
 notice inform the company requiring the traffic to be for- 
 warded whether they agree to the rate and route ; and, if 
 they object to either, the grounds of the objection : 
 
 " (3.) If at the expiration of the prescribed period iw 
 such objection has been sent by any forwarding company, 
 the rate shall come into operation at such expiration : 
 
 " (4.) If an objection to the rate or route has been 
 sent xoithin 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 consider 
 whether the granting of the rate is a due and reasonable 
 facility in the interest of the public, and whether, having 
 regard to the circumstances, the route proposed is a reason- 
 able rotde, and shidl allow or refuse the rate accordingly : 
 
 " (6.) 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 Commis- 
 sioners as to its apportionment shall be retrospective; in 
 any other case the operation ff the rate shall be suspended 
 until the decision is given : 
 
 "(7.) The Commissioners in apportioning the through 
 rate shall take into consideration all the circumstances of
 
 TRACTICE UNDER THE ACT. 25 
 
 tlio case, including any special expense incurred in respect 
 of tJio construction, maintenance, or working of the route, 
 or any part of the route, as well as any special charges 
 tvhich any company may have been entitled to mahe in 
 respect thereof : 
 
 " (8.) It shall not he laioful 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 lihe traffic carried by 
 a like mode of transit on any other line of communication 
 between the same poinds, being the points of departure and 
 arrival of the through route : 
 
 " (9.) The prescribed period mentioned in this section 
 shall be ten days, or such longer period as the Commis- 
 sioners may from time to time by general order pre- 
 scribe. 
 
 " Wliere a railway company or canal company use, 
 maintain or work, or are p)arty to an arrangement for 
 using, maintaining, or ivorking, steam vessels for the 
 purpose of carrying on a communication between any 
 toivns or ports, the provisions of this section shall extend to 
 such steam vessels, and to the traffic carried thereby." 
 
 An application made to tlie Commissioners under sub- Form of ap- 
 section 4 of this section is for a summons calling upon gub-sec' Y" 
 the forwarding company to show cause why the through 
 rate or route, or through rate and route proposed by the 
 applicant and objected to by the forwarding company, 
 should not be allowed by the Commissioners. {Order 7.) 
 
 An application under sub-section 6 is for a summons 
 calling upon the forwarding company to show cause why 
 the apportionment of the through rate proposed by the 
 applicant and objected to by the forwarding company 
 should not be allowed by the Commissioners. {Order 8.) 
 
 By _ this section, which enlarges the enactments of 
 section 2 of the Act of 1854, the Commissioners have 
 powers with regard to through rates which are distinctly
 
 26 TIIE REGULATION OF RAILWAYS ACT, 1873. 
 
 Powers of 
 Comrais- 
 sioniTs as to 
 through rates. 
 
 Provisions for 
 complaints 
 by jiublic 
 autliority in 
 certain cases. 
 
 A|)i>licalions 
 under seal. 
 
 stated. Section IG of tho Regulation of Rail-ways Act, 
 1868, with regard to steam vessels, has, as prc^-iously 
 stated, been by Section 6 incorporated with the present 
 Act, and tho latter clause of this section is practically a 
 repetition of Section 16 of the Act of 18G8. 
 
 Tho decisions as to undue preference, reasonable 
 facilities, &c., will be found in Part II. 
 
 *'12. Subject to the provisions in the last preceding 
 section contained, the Commissioners shall have full power 
 to decide that any proposed through rate is due and 
 reasonable, notivithstanding that a less amount may he 
 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. 
 
 "13. A complaint of a contravention of section two of the 
 Railway and Canal Traffi^c Act, 1854, as amended by this 
 Act, may be made to the Commissioners by a municipal or 
 other public corporation, local or harbour board, without 
 proof that the complainants are aggrieved by the contra- 
 vention : Provided that a complaint shall not be enter- 
 tained by the Commissioners in pursuance of this section 
 unless such complaint is accompanied by a certificate of the 
 Board of Trade to the effect that in their opinion the case 
 in respect of which the complaint is made is a proper one 
 to be submitted for adjudication to the Commissioners by 
 such municipal or other public corporation, local or 
 harbour board." 
 
 As previously stated, applications by a nmuicipal or 
 other public corporation, local or harbour board, must be 
 sealed with their seal and signed by their secretary or 
 other officer acquainted with the facts stated in tho 
 application. 
 
 While the section states that such an application may 
 bo made to tho Commissioners without proof that tho 
 complainants are aggrieved by tho contravention of
 
 PRACTICE UNDER THE ACT. 27 
 
 Section 2 of the Act of 1854, as amended by this 
 Act, yet, where they are not so aggrieved, that the 
 application is at least one for the public good must be 
 shown to the satisfaction of the Board of Trade. 
 
 By 35 & 36 Vict. c. 91, known as Mr. Leeman's Act Mr. Leeman'! 
 (which does not extend to Ireland or the City of London), 
 power iiiter alia is conferred on a governing body, which 
 means the Council of any municipal borough, the Board 
 of Health, Local Board Commissioners, trustees or other 
 body acting under any general or local Act of Parliament 
 for the management, improvement, cleansing, paving, 
 lighting, and otherwise governing places or districts, to 
 prosecute or defend any legal proceedings necessary for 
 the promotion or protection of the interests of the in- 
 habitants of the district, and to apply the borough fund, 
 borough rate, or other public funds or rates under the 
 control of such governing body, to the payment of the 
 costs and expenses attending the same. 
 
 " 14. Every railway company and canal company shall Publication 
 
 of TtltCS 
 
 keep at each of their stations and wharves a hooJc or booTcs 
 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 ivhich 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. 
 
 " The 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 company or canal company to distinguish in such 
 book how much of each rate is for the conveyance of the 
 traffic on the railway or canal, including therein tolls for
 
 28 THE REGULATIOX OF RAILWAYS ACT, 1873. 
 
 the use of the railway or canal, for the use of carriages or 
 vessels, or for locomotive potcer, and how much is for other 
 expenses, specifying the nature and detail of such other 
 expenses. 
 
 "Any company failing to comply icith the provisions of 
 this section shall for each offence, and in the case of a con- 
 tinuing offence, for every day during which the offence 
 continues, he liable to a penalty not exceeding five pounds, 
 and su-ch penalty shall he recovered and appjlied in the 
 same manner as penalties imposed by the Eailways Clauses 
 Consolidation Act, 1845, and the liailways Clauses Con- 
 solidation (Scotland'j Act, 1845 {as the case may require), 
 are for the time being recoverable and applicable." 
 
 Form of 
 application. 
 
 rcnaltios 
 under sec. 14. 
 
 An application made to the Commissioners under this 
 section is for a summons calling upon the railway com- 
 pany or canal company, against whom the application is 
 made, to show cause why they should not distinguish in 
 the book or books therein mentioned how much of the 
 rate in respect whereof the application is made, is for tho 
 conveyance of the particular description of traffic therein 
 named on tho railway or canal in question, including 
 therein tolls for the use of the railway or canal, for uso 
 of carriages or vessels, or for locomotive or other tractive 
 power, and how much is for other expenses, specifying 
 the nature and detail of such other expenses. The applicant 
 in such case must state that he is interested in 
 the matter, and show how ho is interested therein. 
 {Order 9.) 
 
 It is for the Commissioners on tho railway or canal 
 company complying with their orders as specified in 
 this section, to decide whether or not any inequality of 
 rates constitutes an undue preference. In certain cases 
 quoted in chapter 3 of Part II. inequality has been held 
 justifiable. 
 
 The " Railways Clauses Consolidation Act, 181-5," is 
 8 Vict. 0. 16. The sections having reference to tho
 
 PRACTICE UNDER THE ACT. 29 
 
 penalties imposed by the Act are 142 to 162. The 
 '^Railways Clauses Consolidation (Scotland) Act_, 1845/' is 
 8 Vict. c. 17j and the sections therein having reference 
 to the penalties are 144 to 146. 
 
 '*^ 15. The Commissioners shall have power to hear and Power to 
 determine any question or dispute which may arise loith sioners to fix 
 respect to the terminal charges of any railway company , where *?"°,J.""'' 
 such charges have not been fixed by any Act of Parliament, 
 and to decide what is a reasonable sum to be paid to any 
 company for loading and unloading, covering collection, 
 delivery, and other services of a lihe nature; any decision 
 of the Commissioners under this section shall be binding on 
 all courts and in all legal proceedings whatsoever." 
 
 An application made to the Commissioners under this Form of 
 
 ... f, ■,-,. l.^ •^ application. 
 
 section IS tor a summons calhng upon the railway com- 
 pany against whom the application is made to show 
 cause why the question or dispute therein mentioned with 
 respect to the terminal charge of such company (the 
 charges not having been fixed by any Act of Parliament) 
 should not be heard and determined by the Commis- 
 sionerSj and why they should not decide what is a reason- 
 able sum to be paid to such company for loading and 
 unloading, covering collection, delivery, and other ser- 
 vices of a like nature. The applicant must state the 
 actual amount of such charges, and the amount which he 
 contends that they ought to be. {Order 10.) 
 
 For the law with respect to terminal charges, see 
 Part II. 
 
 " 16. No railway company or canal company, unless Arrangements 
 expressly authorized thereto by any Act passed before the waycompam'es 
 passing of this Act, shall, without the sanction of the Com- and canal com- 
 niissioners, to be signified in such manner as they may by 
 general order or otherwise direct, enter into any agreement 
 whereby any control over or right to interfere in or concern- 
 ing the traffic carried or rates or tolls levied on any part of
 
 30 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 a canal is given to a raihcaij company, or any persoiis 
 manaijimj or connected irith the management of any railtcuy; 
 ami any sttch agreement made after the commencement of 
 this Act u-ithoid such sanction shall he void. 
 
 *' The Commissioners shall withhold their sanction from 
 any such agreement which is in their opinion prejudicial to 
 the interests of the public. 
 
 " Not less than one month before any such agreement is so 
 sanctioned, copies of the intended agreement certified under 
 the hand of the secretary of the railway company or one of 
 the raihvay companies party or parties thereto, shall be 
 deposited for public inspection at the office of the Commis- 
 sioners, and also at the office of the clerk of the peace of the 
 county, riding, or division in England or Ireland in which 
 the head office of any canal company party to the agreement 
 is situate, and at the office of the principal sheriff-clcrh of 
 every such county in Scotland; and notice of the iiotended 
 agreement, setting forth the parties between whom or on 
 whose behalf the same is intended to be made, and such 
 further particulars icith respect thereto as the Commissioners 
 may require, shall be given by advertisement in the London, 
 Edinburgh, or Dublin Gazette, according as the head office 
 of any canal company party to the agreement is situate in 
 England, Scotland, or Ireland, and shall be sent to the 
 secretary or principal officer of every canal company any of 
 whose canals communicates with the canal of any company 
 party to the agreement; and shall be published in such 
 other icay, if any, as the Commissioners for the purpose of 
 giving notice to all parties interested therein by order 
 direct." 
 
 Form of An application made to tho Commissionors under this 
 
 aj.i. ica ion. j,(-.(.^iyu \^ f^jP tlicm to sanction tho agreement therein 
 
 mentioned, such sanction to be signified by certificato 
 
 imdcr their seal. {Ordrr 11.) 
 
 The principal Canal Acts arc in the Appendix. 
 
 .Alaintpnance " \1 . Every rnlhrny company owning or having the
 
 PRACTICE UNDER THE ACT. 31 
 
 management of any canal, or jjart of a canal, shall at all of canals by 
 times keep and maintain such canal or part, and all the comjjaiiies. 
 reservoirs, worhs, and conveniences thereto belonging, 
 thoroughly repaired and dredged and in good ivorhing con- 
 dition, and shall preserve the supplies of luater to the same, 
 so that the whole of such canal, or part, may he at all times 
 kept open and navigable for the use of all persons desirous 
 to use and navigate the same without any unnecessary 
 hindrance, interruption, or delay." 
 
 An application made to tlie Commissioners under this Form of 
 
 ,•• r> IT ii •^ application. 
 
 section IS tor a summons calling upon the railway com- '' 
 pany against whom the application is made to show cause 
 why a writ of injunction should not issue against them, 
 restraining them from permitting and suffering the canal 
 therein mentioned, or parts thereof, or works belonging 
 thereto, to remain unrepaired, or in want of dredging, or 
 not in good working condition, or without proper supplies 
 of water thereto; and also enjoining them to keep and 
 maintain the said canal or such parts thereof, or such 
 works thereto belonging, thoroughly repaired or dredged, 
 or in good working condition, or to preserve the supplies 
 of water to the same. The application in such case must 
 specify the obstruction, non-repair, or other defect sought 
 to be remedied, and show in what part of the canal or 
 works such obstruction, non-repair, or other defect exists. 
 {Order \2.) 
 
 Conveyance of Mails. 
 
 " 18. Every railway company shall convey by any train Conveyance 
 all such mails as may be tendered for conveyance by such ° °^^' ^' 
 train, xvhetlier such mails be under the charge of a guard 
 appointed by the Postmaster General or not, and notivith- 
 standing that no notice in ivriting requiring mails to be con- 
 veyed by such train has been given to the company by the 
 Postmaster General. 
 
 " Every railway company shall afford all reasonable
 
 32 TUE REGULATION OF RAILWAYS ACT, 1873. 
 
 Statutes as 
 to conveyance 
 of mails. 
 
 Rpmunera- 
 
 tion lor con- 
 veyuiice of 
 mails. 
 
 Commission- 
 ers may act 
 Kc|>arat»fly. 
 
 Arbitration 
 under I &i 2 
 Vict. c. y». 
 
 facilities for the receipt and delivery of mails at any of 
 their stations icithout requiriwj them to he hoohed or inter- 
 posing any other delay. 
 
 " Where the mails are in charge of a guard appointed 
 hy the Postmaster General, every raihvay company shall 
 permit such guard, if he think fit, to receive and deliver 
 them at any station hy himself or his assistants, rendering 
 him nevertheless such aid as he may require." 
 
 The statutes ha^-ing reference to obligations on railway 
 companies with respect to the conveyance of mails are, 
 
 I & 2 Vict. c. 98 ; 7 & 8 Vict. c. 85, s. 11, and 10 & 
 
 II Vict. c. 85, s. 16, for which see Appendix. By a 
 clause inserted in each special Railway Act, the company 
 is made liable to the provisions of the above General 
 Acts. 
 
 " 19. Every raihvay company shall he entitled to reason- 
 able remuneration for any services performed hy them in 
 pursuance of this Act with respect to the conveyance of 
 mails, and such remuneration shall he paid hy the Post- 
 master General. 
 
 "Any difference hetiveen the Postmaster General and any 
 raihcay company as to the amount of such remuneration, 
 or as to any other question arising under this Act, shall ho 
 decided hy arbitration, in manner provided hy the Act of 
 the Session of the first and second years of the reign of her 
 present Majesty, chapter 98, or at the option of such railway 
 company, hy the Commissioners." 
 
 The Commissioners may exercise their jurisdiction by 
 any one or two of their number in cases under this section. 
 {Order 5:3.) 
 
 Settlement by arbitration of any difTcrenco between 
 the Postmaster General and any railway company is 
 enacted ])y the IGth, 17th, and 18th sections of 1 & 2 
 Vict. c. 98. For the statute see Appendix. The first- 
 named section provides for the ap]iointmcnt of two
 
 PRACTICE UNDER THE ACT. 33 
 
 persons, one by tho Postmaster General, and the other 
 by the company ; and if those two persons cannot agree 
 on the amount of remuneration or compensation, then 
 to the umpirage of some third person to be appointed 
 previously to entering upon the inquiry. Tho succeeding 
 section provides that companies after contracts have 
 existed for a certain period may refer them to arbitrators 
 to decide as to their continuance. It also provides that tho 
 services performed by the railway company for the Post- 
 office should in nowise be interrupted or impeded thereby. 
 The 18th section enacts that in all references the Post- 
 master General or the company, as the case might be, 
 should nominate his or their arbitrator within fourteen 
 days after notice from the other party; or, in default, it 
 should be lawful for the arbitrator appointed by the party 
 giving notice to name the other arbitrator, and such 
 arbitrators should proceed forthwith in the reference, and 
 make their award within twenty- eight days after their 
 appointment, or otherwise the matter should be left to be 
 decided by the umpire, and if the umpire should refuse 
 or neglect to proceed and make award for the space of 
 twenty-eight days after the matter should have been 
 referred to him, then a new umpire should be appointed 
 by the two first-named arbitrators, who should in like 
 manner proceed and make his award within twenty-eight 
 days, or in default be superseded, and so toties quoties. 
 
 '' 20. Where a railway company use, maintain, or ivorh, Conveyance 
 or are 2? arty to any arrangement for using, maintaining, of mails on 
 or ivorhing steam vessels, for the purpose of carrying on 
 a communication betiveen any towns or ports, all provisions 
 contained in any Act witlo respect to the conveyance of mails 
 by railways, shall, so far as they are applicable to the con- 
 veyance of mails by steam vessels, extend to the steam vessels 
 so used, maintained, or worhed." 
 
 The '' Regulation of Railways Act, 1868," extended the 
 provisions of the Act of 1854 to passengers travelling by
 
 34 TIIE REGULATION OF RAILWAYS ACT, 1873. 
 
 steam-vcsscls used by railway companies. The eleventh 
 section of the present Act fui-ther extends the Act of 1854 
 to traffic generally on steam vessels used by railway com- 
 panies ; and this twentieth section, by including the con- 
 veyance of mails by steam vessels so used, puts steam 
 vessels in the same category with railway trains. 
 
 Assistant-Com- 
 missioners. 
 
 Salary of Com- 
 niissioners. 
 
 AsRcssors. 
 
 Regulations as to Commissioners. 
 
 " 21. The Assistant-Commissioners shall he subject to the 
 orders of the Commissioners, and shall make such inquiries 
 and reports and perform such other acts and services as 
 the Commissioners may direct ; and it shall he lanful for 
 such Assistant-Commissioners, or either of them, to under- 
 take such arbitration under the Act as the Commissioners, 
 with the consent of the parties to such arbitration, may di- 
 rect; and the said Assistant-Commissioners , for the purposes 
 of such inquiries, reports, and arbitrations, shall have and 
 may exercise all powers of entry, inspection, summoning 
 and examining witnesses, requiring the productio7i of docu- 
 ments, and administering an oath by this Act conferred 
 upon the Commissioners ." 
 
 No Assistant- Commissioner has as yet been appointed 
 under the Act. As to depositions and evidence before 
 an Assistant- Commissioner, see General Orders 35 and 36. 
 
 "22. There shall be paid to each of the Commissioners 
 such salary, not exceeding three thousand pounds a year, 
 and to each Assistant-Commissioner such salary not exceed- 
 ing fifteen hundred pounds a year, as the Treasury deter- 
 mine. 
 
 " The salaries and expenses of the Commissioners, and 
 of their ojjicers, and of the Assistant-Commissioners, shall 
 be paid out of moneys to be provided by Parliament. 
 
 " 23. The Commissioners may, from time to time, in the 
 exercise of any jurisdiction in this Act conferred on them, 
 with the consent of the Treasury, call in the aid of one or
 
 PRACTICE UNDER THE ACT. 35 
 
 more assessors, ivho shall he persons of engineering or other 
 technical hnoivledge. There shall he paid to such assessors 
 such remuneration as the Treasury, upon the recommenda- 
 tion of the Commissioners , may direct!' 
 
 This section changes part of the 3rd section of the Act 
 of 1854^ and ia adapted to the altered jurisdiction of the 
 Commissioners. Formerly the Court of Common Pleas 
 in England and the Courts of Ireland and Scotland could 
 direct and prosecute inquiries by engineers, barristers, 
 or other persons, as they should think proper, who, if 
 directed to do so, might receive evidence on oath, and 
 administer such oath. Now the Commissioners can call 
 in the aid of persons of engineering or other technical 
 knowledge merely as assessors. 
 
 '^24. The Commissioners may from time to time appoint Appointment 
 such officers and clerks with such salaries as the Commis- ° '^' ^^^^' 
 sioners, ivith the sanction of the Treasury, think ft." 
 
 The principal officer of the Commissioners is the Regis- The Regis- 
 trar. His office is open from ten o'clock in the forenoon ^i^gn open.' 
 till five o'clock in the afternoon daily, except between the 
 10th day of August and the 1st day of October, in any 
 year after the year 1873, when it is to be open from eleven 
 in the forenoon till two in the afternoon, and except on 
 Good Friday, Easter Eve, Monday and Tuesday in Easter 
 week, Christmas day, and the three following days — the 
 Queen's Birthday, and Whit Monday, and Whit Tuesday, 
 when the office is closed. {Order 49.) 
 
 "25. For the purposes of this Act the Commissioners Powers of 
 shall, suhject as in this Act mentioned, have full power to sio™™!' 
 decide all questions ivhether of laiv or of fact, and shall 
 also have the following powers j that is to say : 
 
 '' (a.) They may, hy themselves or hy any person ap- 
 pointed, hy them to jjrosecute an inquiry, enter and inspect
 
 36 TIIE REGULATION OF RAILWAYS ACT, 1873. 
 
 Inouiries 
 under this 
 Act and the 
 ActoflUol. 
 
 Taxatiou of 
 
 COBtS. 
 
 any place or building being the property or under the control 
 of any raihvay or canal company, the entry or inspection of 
 which a2)2)ears to them requisite; 
 
 " (b.) They may require the attendance of all such 
 ptersons as they thinh ft to call before them and examine, 
 and may require ansivers or returns to such inquiries as 
 they thinTcfit to make; 
 
 "(c.) They may require the production of all boohs, 
 papers, and documents relating to the matters before them; 
 
 " (d.) They may administer an oath; 
 
 " (e.) They may when sitting in open court punish for 
 contempt in like manner as if they were a court of record. 
 
 " Every jjerson required by the Commissioners to attend, 
 as a witness shall be alloiued such expenses as would be 
 allowed to a witness attending on a subpoena before a court 
 of record ; and in case of dispute as to the amount to be 
 alloiced, the same shall be referred to a master of one of 
 the superior courts, who, on request, under the hands of the 
 Commissioners, shall ascertain and certify the proper 
 amount of such expenses." 
 
 If tlio 'Commissioners at any stage of tlie proceedings 
 think fit to dii'cct inquiries to be made under this section 
 they give notice thereof to the parties to the application, 
 and may stay proceedings or any part of the proceedings 
 thereon until further notice from the Commissioners. 
 {Order IG.) For warrant of commitment for contempt, see 
 Appendix. 
 
 By the 36th section in the application of the Act to 
 Scotland the term " attending on subpoena before a 
 court of record " means attending on citation the Court 
 of Justiciary, and the Queen's and Lord Treasurer's 
 Remembrancer is to perform the duties of a master of 
 one of the superior courts under the Act. It is a ques- 
 tion whether the duties of a taxing master in Scotland 
 under the Act are intended to be performed by this officer. 
 On reference to the 34th section, post, costs are to bo
 
 Commis- 
 sioners. 
 
 PRACTICE UNDER TIIE ACT. 37 
 
 " taxed in the same manner and by the same person as if 
 such proceedings were proceeding's in a superior court." 
 The last interpretation clause at the commencement of 
 the Act states that the term '' superior com-t" means in 
 Scotland "the Com-t of Session." The auditor of that 
 Court is its taxing oflScer, from which it may be fairly 
 assumed that he will in Scotland tax any costs or ex- 
 penses under the Act. 
 
 "26. Any decision or any order made hy the Com- Orders of 
 missioners for the purpose of carrying into effect any of 
 the provisions of this Act may he made a rule or order of 
 any superior court, and shall he enforced either in the 
 manner directed hy section 3 of the Railway and Canal 
 Traffic Act, 1854, as to the ivrits and orders therein men- 
 tioned, or in lihe manner as any rule or order of such 
 court. 
 
 " For the purpose of carrying into effect this section, 
 general rules and orders may he made hy any superior court 
 in the same manner as general rules and orders may he 
 made with respect to any other proceedings in such court. 
 
 '' The Commissioners may review and rescind or vary 
 any decision or order previously made hy them or any of 
 them. 
 
 " The Commissioners shcdl, in all proceedings hefore 
 them under sections 6, 11, 12, and 13 of this Act, and may, 
 if they thinJc fit, in all other proceedings hefore them under 
 this Act, at the instance of any party to the proceedings 
 hefore them, and upon such security heing given hy the appel- 
 lant as the Commissioners may direct, state a case in 
 tvriting for the opinion of any superior court determined hy 
 the Commissioners upon any question ivhich in the opinion 
 of the Commissioners is a question of law. 
 
 " The court to which the case is transmitted shall hear 
 and determine the question or qtiestions of latu arising 
 thereon, and shall thereupon reverse, affirm, or amend the 
 determination in respect of which the case has heen stated.
 
 38 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 or remit the matter to the Commissioners with the opinion 
 of the court thereon, or may malie such other order in 
 relation to the matter, and may vialce such order as to costs, 
 as to the court may seem fit, and all such orders shall he 
 final and conclusive on all jjar^i'es ; provided that the 
 Commissioners shall not he liahle to any costs in respect or 
 by reason of any such appeal. 
 
 " The operation of any decision or order made hy the 
 Commissioners shall not he stayed pending the decision of 
 any such appeal, unless the Commissioners shall othenvise 
 order. 
 
 "Save as aforesaid, every decision and order of the 
 Commissioners shall he final." 
 
 Appeal to a 
 superior court. 
 
 Appeal to all 
 the Comniis- 
 sioners from 
 one or two of 
 them. 
 
 If either party desire to appeal to a superior court 
 from the decision of the Commissioners upon any question 
 which in the opinion of the Commissioners is a question 
 of law, he must give notice to the other party and to the 
 Registrar wdthin fourteen days from the time when the 
 decision was communicated to the parties, and therein 
 state what the question of law is, and express his intention 
 to apply to the Commissioners on a certain day to bo 
 therein named (not exceeding fourteen days from the 
 date of the notice), to state a case in writing for the 
 opinion of a superior court, to bo determined by the Com- 
 missioners upon such security being given as they may 
 direct. {Order 42.) 
 
 If either party desire a re-hearing by all the Com- 
 missioners of any decision or order made by any one or 
 two of their number, he must give notice to the other 
 party and to the Registrar within fourteen days from the 
 time when the decision or order was communicated to 
 the parties, and therein express his desire to have the 
 same re-heard, wholly or in part, and his intention to 
 apply to the Commissioners on a certain day to bo 
 therein named (not exceeding fourteen days from the 
 date of the notice) , to re-hear the same, specifying the
 
 PRACTICE UNDER THE ACT. 39 
 
 question upon which he requires such re-hearing. 
 {Order 43.) 
 
 An application to the Commissioners to review and Alteration or 
 rescind or vary any decision or order previously made by order's."'^ ° 
 them must be made within twenty-eight days after the 
 decision or order shall have been communicated to the 
 parties, unless the Commissioners think fit to enlarge 
 the time for making such application. [Order 41.) 
 
 The superior courts mentioned in this section mean 
 in England and Ireland any of Her Majesty's superior 
 courts at Westminster and Dublin respectively, and in 
 Scotland the Court of Session. 
 
 "27. The Commissioners shall sit at such times and in Sittings of 
 such places, and conduct their proceedings in such manner simTe?!"' 
 as tnay seem to the'in most convenient for the speedy despatch 
 of business ; they may, subject as in this Act tnentioned, 
 sit either together or separately, and either in private or in 
 open court ; but any complaint made to them shall, on the 
 application of any party to the complaint, be heard and 
 determined in open courts 
 
 See General Order 53. (Appendix.) 
 
 "28. The costs of and incidentcd to any proceeding before Costs. 
 the Commissioners shall be in the discretion of the Com- 
 missioners." 
 
 Costs are taxed upon the order of the Commissioners How taxed and 
 by which they are payable, and when taxed may be 
 recovered by making such order a rule of any superior 
 court in the ordinary way and issuing execution upon 
 such rule, or may be recovered in any other manner ac- 
 cording to the practice of the said court. {Order 40.) 
 
 The latter portion of this order evidently refers to the 
 practice of the Court of Session in Scotland, which diflfers 
 from that of England and Ireland in the matter of rules 
 of court. By the practice of the Court of Session an
 
 40 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 ordinary action to enforce payment of costs granted by 
 the Coniuiissioncrs is necessary, unless in the case of a 
 submission to tho Commissioners, when both parties 
 consent to the award by the Commissioners being 
 registered in the books of council and session for execu- 
 tion, which would bo equivalent to a rule of Coui-t in 
 England. 
 
 Several cases with respect to costs will be found in 
 Part II. 
 
 Tower of Com- 
 missioners to 
 make general 
 orders. 
 
 "29. The Commissioners may at any timeafter thepassing 
 of til is Act and from time to time make such general orders 
 as may be requisite for the regulation of proceedings before 
 them, including applications for and the stating of cases 
 for appjeal, and also for prescribing, directing, or regulating 
 any matter which they are authorized by this Act to prescribe, 
 direct, or regulate by general order, and also for enabling 
 the Commissioners in cases to be specified in such general 
 orders to exercise their jurisdiction by any one or two of 
 their number; provided, that any person aggrieved by any 
 decision or order made in any case so specified may require 
 a re-hearing by all the Commissioners ; they may further 
 make regidations for enabling them to carry into effect the 
 provisions of this Act, and may from time to time revoke 
 and alter any general orders or regulations made in j^ur- 
 suance of this Act. Every general order, and every 
 alteration in a general order, made in pursuance of this 
 section shall be submitted to the Lord Chancellor for 
 approval, and shall not come into force until it shall be 
 approved by him. 
 
 "Every general order purporting to be made in pursuance 
 of this Act, shall, immediately after the making thereof, be 
 laid before both Houses of Parliament, if Parliament be 
 then sifting, or if Parliament be not then sitting, ivithin 
 seven days after the then next meeting of Parliament, and 
 if cither Hotise of Parliament by a resolution passed within 
 two months after such general order has been so laid before
 
 PRACTICE UNDER THE ACT. 41 
 
 the said House, resolve that the whole or any part of such 
 general order ought not to continue in force, the same shall 
 after the date of such resolution cease to he of any force, 
 ivithout prejudice nevertheless to the malting of any other 
 general order in its place, or to anything done in pursuance 
 of such general order before the date of such resolution ; 
 but, subject as aforesaid, every general order purporting 
 to he made in pursuance of this Act shall he deemed to 
 have been duly made and within the poivers of this Act, 
 and shall have effect as if it had been enacted in this Act J" 
 
 By this section the general orders made by the Com- 
 missioners can be revoked or altered in manner therein 
 provided. The orders remain in force unless so altered 
 or revoked, or if either House of Parliament, by a resolu- 
 tion passed within two months after every general order 
 has been laid before the House, resolve that the whole or 
 part of such general order ought not to continue in force. 
 
 In the construction of the orders and the forms therein Interpretation 
 referred to, words importing the singular number include "^ orders. 
 the plural, and words importing the plural number include 
 the singular number, and the following terms (if not 
 inconsistent with the context or subject matter) have the 
 respective meanings hereinafter assigned to them, that 
 is to say : " application " includes complaint under the 
 Act, " applicant " includes any complainant under the 
 Act, and " defendants " mean the persons or company 
 against whom the application or complaint is made. 
 {Order 1.) 
 
 "30. Every document purporting to he signed by the Evidence of 
 Commissioners, or any one of them, shall he received in ^°^^^*^^^^- 
 evidence without proof of such signature, and until the 
 contrary is proved shall be deemed to have been so signed 
 and to have been duly executed or issued by the Commis- 
 sioners.
 
 42 THE REGULATION OF RAILWAYS ACT, 1873. 
 
 Commission- 
 ers to make 
 annual reports. 
 
 Determination 
 of fees. 
 
 Collection of 
 fees. 29 & 30 
 Vict. c. 76. 
 
 Taxation of 
 costs. 
 
 "31. The Commissioners shall, oncein every year, make 
 a report to Her Majesty of tlieir proceedings under this Act 
 during the past year, and such repjort shall he laid before 
 both Houses of Parliament imthin fourteen days after the 
 making thereof if Parliament is then sitting, and if not, 
 then icith in fourteen days after the next meeting of Parlia- 
 ment." - 
 
 Miscellaneous. 
 
 "32. The Commissioners may, at any time after the 
 passing of this Act, by general order, with the concurrence 
 of the Treasury, appoint the fees to be taken in relation to 
 proceedings before them, and may from time to time, by 
 general order, with the like concurrence, increase, reduce, 
 or abolish all or any of such fees, and appoint new fees to 
 he takeri in relation to such proceedings." 
 
 For the table of fees issued by the Commissioners, see 
 Appendix. 
 
 "33. The Public Offices Fees Act, 1866, shall apply to 
 all fees taken in relation to any proceedings before the 
 Commissioners. 
 
 " Any fee or payment in the nature or lieu of a fee paid 
 in respect of any proceedings before the Commissioners 
 and collected otherwise than by means of stamjjs shall be 
 paid into the receipt of Her Majesty's Exchequer in such 
 manner as the Treasury from time to time direct, and 
 carried to the Consolidated Fund." 
 
 Tlic Lords Commissioners of Her Majesty's Treasury, 
 in pursuance of the "Public Offices Fees Act, 18GG," have 
 issued a notico with respect to the stamps, for which see 
 Appendix. 
 
 . "34. The costs, charges, and expenses of and incidental 
 to any proceedings before the Commissioners which are 
 incurred by any person shall, if required, be taxed in the
 
 PRACTICE UNDER THE ACT. 43 
 
 same manner and hy the same ])ersons as if such inoceed- 
 ings luere proceedings in a superior court." 
 
 In England and Ireland the costs are taxed by the 
 usual taxing master, and in Scotland by the auditor of the 
 Court of Session. See remarks on section 25, ante, p. 3G. 
 
 '' 35. Any notice required or authorized to he given under Notices how 
 this Act may he in writing or in print, or partly in ^° ^^ given. 
 luriting and partly in print, and may he sent hy post, and 
 if sent hy post shall he deemed to have heen received at the 
 time ivhen the letter containing the same would have heen 
 delivered in the ordinary course of the post; and in 
 proving such sending it sliall he sufficient to prove that the 
 letter containing the notice ivas prepaid and properly 
 addressed and put into a post office. 
 
 "36. In the application of this Act to Scotland — Application 
 
 " (1.) The term 'attending on suhpoena hefore a Court Scotland. 
 of Record' means attending on citation the Court of 
 Justiciary : 
 
 " (2.) The Queen's and Lord Treasurer' s Rememhrancer 
 shall perform the duties of a master of one of the superior 
 courts under this Act." 
 
 See remarks on section 25, ante, p. 36. 
 
 Temporary Provisions. 
 
 " 37. This Act shall continue in force for five years next Duration of 
 after the passing of this Act, and thenceforth until the end powers of 
 of the then next Session of Parliament j hut the expiration Commis- 
 
 •^ ... sioners. 
 
 of this Act shall not affect the validity of anything done 
 hefore such expiration." 
 
 The Act passed on 31st July, 1873.
 
 u 
 
 PART II. 
 
 Jurisdiction 
 of Court of 
 C'liaiicf ry or 
 Att.-Gfii. not 
 abolished. 
 
 IJesign of Act. 
 
 CHAPTER I. 
 
 APPLICATION AND EXTENT OF "RAILWAY AND CANAL TKAPPIC 
 ACT, 1854.^' 
 
 THE Act of 1854, though it gave powers to courts of 
 common law, did not by giving concurrent jurisdic- 
 tion abolish or abridge the jurisdiction of the Court of 
 Chancery or the power of the Attorney- General. {Att.- 
 Gcn. and Great Northcni Raihcay Company, 1 Drew & 
 S. 154; Baxendale and West Midland Railway Com- 
 2)any, 3 Griff. 650, affirmed on appeal, 7 L. T. N. S. 
 279, C.) 
 
 The Act was designed to afford a remedy against an 
 undue preference or undue prejudice to a particular indi- 
 vidual or class in respect of the traffic on a railway or 
 canal, and was not intended to apply to the case of a 
 breach or neglect by a company of a public duty ^vhich 
 was already susceptible of redress by mandamus or in- 
 dictment. {Bennett and Manchester, Shcjjield and Lin- 
 colnshire liailu-oy Company, G C. B. N. S. 707.) In this 
 case the company were the proprietors of the Grimsby 
 Old Docks, also of another dock called the Grimsby New 
 Dock, communicating with their railway. By Act of 
 Parliament the company were authorized and required to 
 maintain the old dock and the approach thereto of a 
 given depth. It was held that the failure to perform 
 this duty, so that the dock and its approach became 
 silted up, and the depth of water therein insufficient for 
 vessels to get to the wharfs adjoining, was not the 
 subject of redress under the Act, although it was sug- 
 gested that the object of the company was to discourage
 
 RAILWAY AND CANAL TRAFFIC ACT, 1854. 45 
 
 the traffic to the old dock, and to divert it to tho 
 new one. 
 
 In commenting on the Act in Attorney- General v. 
 Great Northern Railway, 29 L. J. Ch. 801, which was a 
 suit to restrain the company from dealing in coal, Kin- 
 dersley, V.-C, observed: — 
 
 " It is said that there is anotlier Act of Parliament which bears Judp^ment of 
 on the question, namely, the Act of 17 & 18 Vict. c. 31, and sections l^inilerslej, 
 2, 3, and 6, have been referred to. It is said that imder this Act 
 there is another remedy given by application to the Court of 
 Common Pleas, and that is the course which ought to be taken. 
 Now upon reading that Act of Parliament, it ajijiears to me that it 
 applies to cases of a totally different character and nature from that 
 which is now before the Com-t. This Act of Parliament was meant 
 to provide for a case of this soi't. It may be that a railway company 
 or a canal company to which It applies as well as to a railway 
 company acting as carriers, may favour some individuals to the 
 detriment of others, and so give preference to dealers in a particular 
 article. The object of this Act was to prevent that. Now it is 
 clear that the grievance which this Act was intended to prevent 
 was, when a certain individual was suffering detriment by reason of 
 the company not acting impartially between that individual and 
 some other person ; or it might happen between two companies. 
 But it must be a case of private mischief, arising from partiality on 
 the part of the railway with respect to the carriage of the goods of 
 those individuals. It does not apply to the case where the public 
 (that is, the Attorney -General on the part of the public) is com- 
 plaining, not that you are carrymg A.'s goods in preference to B.'s 
 goods, but that there is a general detriment, not to any particular 
 individual — not even to coal owners in particiilar — but a detriment 
 to the public, who are the consumers of the coal. That is the 
 complaint ; and this Act does not appear to touch that question in 
 the smallest degree. I may observe that with regard to tliis Act, 
 the third section says that if any person is aggrieved by any such 
 act of a railway, he may apply to the Court of Common Pleas, 
 which Court is authorized to give a remedy in the shape of an 
 injunction. Then comes the sixth clause, which prescribes this : — 
 ' That nothing herein contained shall take away or dimmish any 
 rights, remedies or privileges of any person or company against any 
 railway or canal, or railway and canal company under the existing 
 law.' ' So that here, although they are prescribing a particular 
 remedy for the benefit of individuals. It is expressly said : — ' We 
 do not mean to disturb your existing rights, whatever they are, but 
 we are giving you this as an additional benefit.' It is sufficient to
 
 46 
 
 APPLICATION AND EXTENT 
 
 say that the Act of Parliament appears to me to be addressed to a 
 subject totally different from that which is now under con- 
 sideration." 
 
 Proceedings 
 by jiublic cor- 
 porations 
 under 13th s. 
 Act oflb73. 
 
 Complaints 
 must be 
 specific. 
 
 Complaints 
 must be 
 presented to 
 com panybefore 
 ai(])lication 
 to Court. 
 
 S. 7, Act of 
 1873. 
 
 Attachment 
 ai;ainst com- 
 pany acting 
 hondjide dis- 
 missed. 
 
 Running 
 through trains, 
 i'ublic incon- 
 
 Tho 13th section of the present Act extends tlie pro- 
 vision for complaints which can now be made to the 
 Commissioners by a municipal or other public corporation, 
 local or harbour board without proof that the complainants 
 are aggrieved by the contravention. The complaint 
 cannot bo entertained without a certificate from the 
 Board of Trade as stated in the section. 
 
 Complaints against railway companies must bo specific : 
 for instance, a rule merely calling on them to show cause 
 why they should not act in compliance with the statute 
 was held too vague, {Marriot In re London and South 
 Western liaihvay, 3 Jur. N. S. 493 ; 26 L. J. C. P. 154.) 
 
 Before applying to the Com't of Common Pleas for an 
 injunction to a railway company the complainant was 
 bound to make a full representation to the company of 
 the grievance of which he sought redress, and in general 
 it was only on the failm-e of such application that he was 
 to come to the Coui't. [Cooper v. London and South 
 Western liailway Company, 4 Jur. N. S. 702, C. P. See 
 section 7 of the Act of 1873.) 
 
 An attachment against a railway company for dis- 
 obedience to a writ enjoining them to desist from giving 
 an undue preference in respect of the carriage of coals 
 from certain places to other places mentioned in the 
 order was refused, the affidavits on the part of the com- 
 pany showing a bond fide endeavour to conform to the 
 order of the Court, although it appeared that the re- 
 formed scale of charges still operated in some other 
 respects injuriously to the interests of the complainants 
 and advantageously to other parties. (Ransom v. Eastern 
 Counties Railway Company, 4 C. B. N. S. 159 ; 4 Jm'. 
 N. S.859.) 
 
 To justify the interference of the Court of Common 
 Pleas to enforce the running of through trains by the
 
 venience 
 
 OF RAILWAY AND CANAL TRAFFIC ACT, 1854. 47 
 
 most direct route, it was not sufficient to show a case of 
 individual grievance, but a case must be established of "^l:^t'itf mter- 
 public inconvenience which could be reasonably over- ference. 
 come. Thus the Court refused to enforce the runnina; 
 of through trains on a continuous line of railway, under 
 the second branch of section 2 of the Act, because it 
 was not shown that public convenience required it. 
 They would not interfere at the instance of an individual 
 where there was a continuous line by which through 
 tickets might be obtained, though by a somewhat longer 
 route, as no additional cost or serious loss of time was 
 thereby incurred and no substantial inconvenience 
 thereby occasioned to the public, and it appeared that 
 no complaints had been made of the existing accommoda- 
 tion. (Re Barrett and Great Northern Raikvay Company, 
 and Midland Raihvay Company, 1 C.B. IS". S. 423; 26 
 L.J. C. P. 83; s.c. 28 L. T. 254.)
 
 48 
 
 CHAPTER II. 
 
 UNDUE PREFERENCE GENERALLY. 
 
 Railway or canal companies arc prohibited from giving 
 persons or companies trafficking \^ntb them any undue 
 advantage or unreasonable favour and from subjecting 
 them to any unreasonable prejudice or unfair disadvan- 
 tage. This rule also applies to the various descriptions 
 of traffic. 
 
 Should railway and canal companies engage in any 
 undertakings distinct from those of railway or canal 
 companies, they are prohibited from giving undue pre- 
 ference to themselves in these capacities. 
 
 The application of these rules will now be considered. 
 To trader A company made an agreement with A. to carry for 
 
 mileage.'' ^^^^ coals during three years from Peterborough to 
 
 various places on their line of railway at certain rates. 
 B., a coal merchant at Ipswich, sent coals (which had 
 been brought to that port by sea) to various places on 
 the same line of railway, and the company charged him a 
 much larger sum per ton in proportion to the distance 
 over which his coals were carried, than the company 
 charged to A., the professed object of the difference being 
 to enable A. (whose coal came to Peterborough by rail- 
 way) to compete in the coal trade of the district with B., 
 who had the advantage of having his coals brought to 
 Ipswich by sea. This was held to give an imduc pre- 
 ference to A. The same company made a scale of 
 charges for the carriage of coals from Peterborough and 
 Ipswich respectively to various places, the effect of 
 whicli was to diminish the natural advantages which the 
 IpsTA-ich dealers possessed over those of Peterborough 
 from their greater proximity to those places by an-
 
 UNDUE PREFERENCE GENERALLY. 49 
 
 niliilating (in point of expense of carriage) in ftivour of 
 the latter a certain portion of the distance between 
 Peterborough and those places, and this was held an 
 undue preference of the Peterborough dealers over those 
 of Ipswich. {Ransome v. Eastern Counties Raihvay 
 Company, 4 C. B. N. S. 135 ; 4 Jur. N. S. 284 ; 27 L. J. 
 C.P. 166.) 
 
 A railway company cannot, with a view of introducing In order to 
 certain traffic in their district to another part of the {"J'licuTar 
 country, make special arrangements for its carriage at a t'-ade. 
 lower rate than their ordinary charge. [Oxlacle v. 
 Nortli-Eastevn Railway Company, 1 C. B. N. S. 454 ; 3 
 Jur. N. S. 637 ; 26 L. J. 0. P. i29.) In this case the 
 company, from a desire to introduce the northern coke 
 into Staffordshire, made special arrangements with cer- 
 tain merchants for the carriage of coal and coke at a 
 lower rate than their ordinary charge, there being nothing 
 to show that the pecuniary interests of the company were 
 affected. The lowering of the rate for this traffic was 
 held to be giving it an undue preference. 
 
 A railway company will not be permitted to charge a To particul;ir 
 particular sum per ton for conveyance of goods, provided ' °^" ^' 
 they are consigned to their own agents ; and if consigned 
 to any one else, to charge an additional amount. This 
 was held ground for an injunction against a company 
 possessed of a line from B. to C. and who advertised to 
 convey goods from A. to 0. (in conjunction with another 
 company) at the rate of 5s, per ton, provided they were 
 consigned to their own agents at those respective places, 
 but if consigned through any one else they charged 
 2s. 6d. per ton more. A rule was made absolute with Circumstances 
 
 ^ .... where costs 
 
 costs, although it prayed a writ enjoining the company granted, 
 to charge an equal rate for the carriage from A. to C, 
 and the writ was granted as from B. to 0. only. (Baxen- 
 daler. North Devon Railway Company, 3 C. B. N. S. 324.) of natural ad- 
 Every one has a ris'ht to the natural advantages which vantages from 
 
 "^ _ o . . , . proximity to 
 
 have been acquired by the proximity of his land, and a Hue. 
 
 E
 
 50 UNDUE PREFERENCE GENERALLY. 
 
 railway company is not justified in depriving him of it 
 by allowing to another not so favourably situated the 
 expense which the latter has incurred in connecting his 
 land with the railway, in a reduced charge at which they 
 cairy his goods on their railway. Further, if a railway 
 company carry coals along their line from a colliery at a 
 lower rate of charges than coals from other coal pits 
 situate in the same locality, in consequence of a threat 
 from the owner of the colliery to construct another rail- 
 way by which the traflSc would be diverted if the com- 
 pany did not consent to carry at such lower rate, is an 
 undue preference by the railway company. {Harris v. 
 Cocl-ermouth and Worlcington Bailu-ay Company, 3 C.B. 
 N. S. G93 ; 4 Jur. N. S. 239; 27 L. J. C. P. 1G2.) In 
 giving judgment in this case, Cockbm-n, C. J., observed : 
 
 Jutl?ment of " I quite agree tliat tliis Court lias intimated, if not absolutely 
 
 Cockburn, decided, that a company is entitled to take into consideration any 
 
 point'. * circumstances either of a general or of a local and peculiar character 
 
 in considering the rate of charge which they will impose upon any 
 particular traffic. As, for instance, if a company were to lay do^^'u 
 a ride, that if a certain large quantity of goods were brought 
 to be conveyed they could charge less for the conveyance of that 
 large quantity than they would for the conveyance of a less quantity, 
 regard lieing had to tlie cost of working the particular line, that 
 would be a very fair ground to justify them in making a distinction 
 between the case of a person who sent a ton of goods at a time and 
 a person who sent only a hundredweight. So also if a comjjany 
 were to make a distinction between tenninal traffic and intermediate 
 traffic, there might be very fair and sufficient reason for their so 
 doing. As, for instance, in respect of terminal traffic, there might be 
 competition with another railway; and in respect of terminal traffic 
 as distinguished from mtermediute traffic, it might well be they could 
 affi)rd to carry goods over the whole line cheajier, or proportionably 
 so, than they could over an intennediatc part of the line. But in all 
 such cases the general [)ublic would be treated with perfect equality, 
 although, as regards the charges between one ])lace and another, 
 there mi;jrht be an apparent, thou;rh, for the reasons I have referred 
 to, no real injustice. But those cases arc very diiferent from the pre- 
 sent. Here there are collieries situate in the same locality, and a 
 distinction is made between them upon the ground that L. or his 
 tenants would send their coals by some other conveyance, either by
 
 UNDUE PREFERENCE GENERALLY. 51 
 
 the ordinary mode or by some railway which L. would be induced to 
 coustruct if tlie company did not give him this advantage over others 
 who arc competing with him in the sale of coals. In my opinion tliat is 
 hot a sufficient ground for making the distinction. Whatever rule 
 the company may lay down, it ought to be a rule applicable to all 
 persons similarly circumstanced. I do not think that this is such a 
 rule. It is ^ilain that if we were to take into consideration the cu*- 
 cumstances on which counsel relied, there is no case in which we 
 should not be called on to enter into a consideration of the various 
 circumstances which may influence one person as distinguished from 
 another in sending his goods by a jiarticular railway. Circumstances 
 differ m every individual case, and it might always be a question of 
 how far the company would be justified in making particular bar- 
 gains. I do not think it was the intention of the Legislature, or its 
 policy when railways were constituted, that they should have the 
 power of making bargains with particular individuals so as to give 
 them advantages and siibject others to corresponding disadvantages. 
 The intention of the Legislature was, I think, to give equal advan- 
 tages, so far as the rate of charge is concerned, to all individuals 
 similarly circumstanced ; and that a railway company, although they 
 should have had a right to lay do^vu certain rides in reference to 
 particular circumstances, provided they act hondfide with regard to 
 their own interests and the interests of the public, should not be at 
 liberty to make particular bargains with particular individuals, 
 whereby one person is benefited and another injm-ed." 
 
 A preference given by a railway company to a cus- To persons 
 tomer wlio engaged to employ other lines of the com- o'oier°distmct 
 pany for traffic distinct from and unconnected with that hnesofsame 
 
 • r» 1 • 1 1 c • company. 
 
 m respect of which such preference was given^ is an 
 undue preference. (^Baxendale v. Great Western Rail- 
 way Company, 4 Jur. N. S. 1241 ; 5 C. B. N. S. 309 ; 
 28 L. J. C. P. 69.) 
 
 Between the same parties an undue preference was Collecting- and 
 also held to exist as follows. The company formerly loods free of 
 charged a uniform rate of os. Qcl. per ton on all goods charge. 
 conveyed on their line between R. and P. The goods 
 were collected and delivered both by the company and 
 the complainants at a charge of 4s. 10c?. per ton. The 
 company, who had power under their Acts to impose 
 their own rates of charge for carrying, but no power to 
 impose tolls for collecting and delivering, raised the
 
 52 UNDUE PREFERENCE GENERALLY. 
 
 charge for carrying to 8s.-4d., being the aggregate of the 
 above two charges, ■^'ith an intimation to the public that 
 they would collect and deliver goods fi'co from all charge. 
 The real purpose of this arrangement was to compel 
 persons desiring to have their goods conveyed by the 
 railway, to employ the company to collect and deliver 
 such goods, and thus to secure this business and the 
 profits on it to the company, as well as to exclude the 
 complainants from competing with them in this depart- 
 ment of business. This arrangement was held to be an 
 undue preference to the company in their separate capa- 
 city of carriers, other than on the line of railway, and 
 also an undue prejudice to the complainants. {^Baxendale 
 v. Great Western Bailway Company, 5 C. B. N. S. 336 ; 
 28 L. J. C. P. 81 ; 4 Jur. N. S. 1279.) 
 
 The judgment of the Court in this case was delivered 
 by Cockburn, C. J., who said: — 
 
 JudiHiient of " Tlie main stand made by the counsel for the company was on the 
 
 Cockburn, rrround, first, that although the Legislature has imposed on railway 
 
 ■ companies the obligation of affording accommodation on ecpial terms 
 
 to the public, it cannot have been the intention to deprive them of 
 the right possessed by all trading companies, as well as by indi- 
 viduals, of using their proi)erty and managing their affairs within the 
 scope of the ])urposcs for which they are constituted in such manner 
 as they think most to their advantage ; and secondly, that in the 
 present instance the com]iany had by Act of Parliament tlie power 
 of raising their tolls at tlicir own will and ])leasure, provided they 
 raise thcra erpially as against all persons ; that here thcj' have raised 
 them equally against all, and that it was not within the authority of 
 this Court to fix limits to the amount of accommodation which the 
 company might think proper to afford gratuitously, beyond the con- 
 veyance by tlie railway for which the toll was charged. AVe think 
 there is little difficulty in disposing of this argument. It is abun- 
 dantly clear, from the statutory enactments which enjoin on railway 
 comjianies the obligation to afford acconnno<lation on cfpial and 
 reasonable terms, and from the provisions of the statute by which 
 jurisdiction is given to tliis Court against the affording of undue 
 prpference or the imposing of unihu' prejudice or disadvantage, that 
 it was not the intention of the Legislature to leave to railway c(mi- 
 panies the unfettered exercise of their rights as proprietors of their 
 rcspectiv*' lines: Iml in return for the great power wliicli it has
 
 UNDUE PREFERENCE GENERALLY. 53 
 
 conceded to them, and tlie monopoly of the carrying business of the 
 country, which in a great degi-ee they have been enabled to acquire, 
 it has imposed upon them the obligation of affording accommodation 
 on equal terms to the whole of the public. The policy and justice 
 of such a requirement are manifest, it being obvious that the powers 
 of a railway company and its monopoly, under the impossibility of 
 all competition, might otherwise be converted into a means of very 
 grievous oppression by a difference in point of charge or in point of 
 accommodation made in favour of one man at tlic expense of 
 another, or by disadvantages in respect either of charge or accom- 
 modation imjjosed on one as compared with another. And it is plain 
 that the oppressive elTects of such inequality Avill be equally great, 
 Avhether its motive and operation be to benefit thii'd parties or the 
 railway company itself. Such being jilainly the intention of the 
 Legislature, and this Coiu't having been constituted the tribunal by 
 which any injustice or inequality of the working of the railway 
 system as between the companies and the public is to be redressed, 
 we must endeavour to prevent any injustice either in the rate of 
 charge or the degree of accommodation afforded. At the same 
 time we must carefully avoid interfering, except where absolutely 
 necessary for the above purpose, with the ordinaiy rights which 
 (subject to the before-named qualification) a railway company in 
 common with every other company or individual possesses of 
 regulating and managing its own affairs, either with regard to 
 charges or accommodation, or to the agreements and bargains it 
 may make in its particular business. Greater difficulty, no doubt, 
 arises in dealing with cases in which the purpose and effect of the 
 matter to be considered, although it may incidentally have the 
 effect of prejudicing third parties, is in reality to benefit the com- 
 pany itself, than in which the immediate object is to give an undue 
 advantage for the benefit of a thii'd party. Yet we think that no 
 serious difficulty will be found in ascertaming the principles on 
 which the authority of the Court should be exercised. It may be 
 convenient, in the first jilace, to advert to a distinction, not always 
 kept sight of in argument, between cases in which the Interest of 
 the company sought to be promoted by the regulation or act com- 
 plained of is one which arises with reference to the railway itself 
 as to which the question occurs, and those In which the benefit 
 sought to be obtained by the company is one which has reference to 
 interests distinct from those of the particular railway, as where, for 
 example, the company are the proprietors of another railway, or 
 carry on some other business. In the latter class of cases. It 
 appears to us clear that the company must be taken to be quoad the 
 particular railway, in the position of third parties, and that they 
 cannot, with a view to such separate Interests, give an undue 
 preference or impose an unreasonable disadvantage, any more than
 
 54 UNDUE PREFERENCE GENERALLY. 
 
 that they couUl do so to promote the interests of any other party. 
 Thus, if a railway company, bcinjj: tlie promoters of one line from 
 A. to B. anil of another line from C. to D., were in order to obtain 
 the cnstom of a particular individual on the first of those lines, on 
 which they might be subject to competition from a rival line, agree 
 to convey his goods from C. to D., at a cheaper rate than those of 
 another person using only the latter line ; or if a railway company 
 carrying on, in addition to its business as carriers on the line, that 
 of carriers to and from the termini of the railway, were, with a view 
 to obtain additional custom in the latter, to carry on the railway for 
 those who employed them as carriers to and from the railway at a 
 lower rate than those who did not ; in both these cases we should 
 have no difficulty in holding that the company must be consi(iered, 
 as regards those separate interests, in the light of third parties, and 
 that they cannot promote those interests at the expense of the 
 right of the public to that eijuality on the particular railway which 
 it was the intention of the Act of Tarliamcnt to secure. Greater 
 difficulty and nicety arise in dealing with ca.ses in which the purpose 
 and effect of the thing complained of is the benefit of the company 
 in their character of proprietors of a particular railway. In these 
 cases the Court might feel greater reluctance to interpose, partly 
 from an unwillingness to interfere with the parties in the man- 
 agement' of their own affiiirs for their own advantage, partly 
 from a disposition to give companies credit for acting on an 
 enlightened view of their own interests as identified with 
 those of the pubHc ; yet if the Court became clearly satisfied 
 that the company were seeking to promote its own advantage by 
 establishing an ine(iuality which was unreasonable under tlie circum- 
 stances, and operated unfairly and injuriously on particular individuals, 
 or that it was affording to one person or set tif jjcrsons an advan- 
 tage which it would not afford to another under similar circumstances, 
 this Court would not hesitate to interfere to prevent such a result, 
 although by so doing they might prevent the company from securing 
 all the profit that it might othenvise derive from the use of its pro- 
 perty. Thus, were a complaint made that a railway company, as 
 between two intermediate stations, charged a higher rate than was due 
 to the intermediate space in proportion to the charge made on the 
 entire line of railway, this Court, if it were made to ajipcar that the 
 disproportion was not justified by the circumstances of tlie traffic — in 
 other words, was an undue prejudice or unreasonable disadvantage to 
 those using the part of the railway in cjncstion — would interfere to 
 set aside such arrangement. So again, if an arrangement was jnade 
 by a railway company whereby jiersons bringing a larger amount of 
 traffic to the railway .slioidd have their goods carried on more favour- 
 able terms than those bringing a less quantity, although the Court 
 might ujihold such an arrangement as an ordinary incident of com-
 
 UNDUE PREFERENCE GENERALLY. 55 
 
 mercial economy, provided the same advantages were extended to all 
 persons under the like circumstances ; yet it would assuredly insist on 
 the latter condition, and would interfere in the case of any special 
 agreement by which the company had secured to a particular indi- 
 vidual the benefit of such an agi-eement to the exclusion of others, or 
 even where an attempt had been made, by keeping the agreement 
 secret, to make it operate luiduly to the prejudice of third parties. 
 This reasoning appears to us eifcctually to dispose of the argument 
 that the Court cannot interfere to prevent a railway company from 
 fixing the rate of tolls to be taken on its railway in such manner as 
 shall best promote its OAvn interests, in cases where, by so doing, the 
 company subjects others to unreasonable disadvantage, or operates to 
 their prejiidice by giving undue preferences to third parties. We 
 proceed to consider the second ground taken by the defendants, which 
 is in substance, that, having power to raise their rates of chai-ge for 
 carrying on their line, and having done so equally as regards all, they 
 do not come within the statutory prohibition agamst undue prefer- 
 ence or undue prejudice by affording other accommodation in addi- 
 tion to that of carrying on their line. We think this argument rests 
 on two obvious fallacies— that of supposing the charge in question is 
 one made by the company, in reference to theu- character and inte- 
 rest with respect to the railway ; whereas, in reality, the charge is 
 made by them in a character and interest independent of the railway, 
 namely, as carriers to and from the termini of the railway ; and 
 secondly, that the company can convert that which is in reality a 
 charge for collecting and delivering, as well as for carrying. Into one for 
 carrying only, by affixing to it the latter denomination in the table of 
 fares. It is true, no doubt, that the Companies' Acts give them power 
 to impose their own rates of charge for the carriage of this description 
 of traffic ; but these Acts give them power to impose tolls or charges 
 for collecting and delivering, and it is palpably an abuse of their 
 powers if, under the name of a charge for carrying on then- line, they 
 impose, otherwise than with the assent of the parties concerned, a 
 charge for a totally different thuag ; and again, although the Legisla- 
 ture has conferred the power of imposing rates and charges, it has 
 annexed to this power the obligation of imposing such rates equally, 
 and the company cannot be permitted to evade this obligation by 
 colourably pretending that that is a charge for carriage only, which 
 is in fact a charge for other things as well as for carriage. The Court 
 is bound to look at the transaction in its true light, and cannot suffer 
 itself to be diverted from its duty of interfering to prevent, in effect, 
 what is such an injustice, as it was the piu-pose of the Legit^lature to 
 prevent, because the transaction is attempted to be covered over by 
 a transparent disguise. Looking, then, at the alteration in the tolls 
 in its true light, we are of opinion that the arrangement is objection- 
 able, both as an undue preference given on the one hand, and as an
 
 stations 
 
 56 UNDUE PREFERENCE GENERALLY. 
 
 unreasonable disadvantairc imposed on the other. It is an undue 
 preference to the company in their separate capacity of carriers other 
 than on the line of railway, inasmuch as they theiel)y practically secure 
 to themselves thcmonoi)oly of the last mentioned trallic, to the entire 
 exclusion of the complainants and all others. It is an undue pre- 
 judice and an unreasonal)le tlisadvantajre imposed on the comi)lainants, 
 inasmuch as it is plain that their goods, and those of all ])ersons em- 
 l.loyiuir them, as, indeed, the poods of all persons other than those 
 who employ the company to collect and deliver, uuist be subjected, as 
 compared with the goods of the latter, twice over to the expense 
 attendant on collectinir and deliverinjr, if they employ others to collect 
 and deliver f(«r them, or to an unnecessary charge if they reipiire no 
 such accommodation." 
 
 lo con.].any as Following out the principle laid down iu this case, it 
 carriers tr..ni ^^^ decided that, though a railway company had been in 
 the habit of carrying goods between the termini of their 
 line according to a tarift' of rates from which they made 
 deductions to persons who brought or took away their 
 goods to or from the termini up to a certain day, when 
 they put a stop to these deductions with a view to exclude 
 other carriers from competing with them as such; yet 
 this was an undue prejudice to all such customers as did 
 not desire to have their goods collected and delivered for 
 them. {Garton v. Great Western liaihcay Coinpawj, 5 
 C. B. N. S. GG9 ; 5 Jur. N. S. G85 ; 28 L. J. C. P. 158.) 
 
 In a somewhat similar case it was held that a railway 
 company has no right to impose a charge for the convey- 
 ance of goods to or from their station when the customer 
 does not require such service to be performed by them. 
 {GartoiiY .Bristoland Exeter Baihcay Company, G C. B. N. S. 
 G39; 5 Jur. N. S. 1313; 28 L. J. C. P. 30G.) In this case 
 the company closed its goods station at 5. 15 p.m. against 
 all persons except its agent, who had a receiving-house 
 about a mile distant, and from whom the company re- 
 ceived goods up to 8 I'.M. For the conveyance of goods 
 from the receiving-house to the station tlte agent charged 
 Is. 8^. per ton on all goods above three hundredweight, 
 and 3(/. for each package below that weight. Upon the 
 complaint of a rival carrier, it was held that the refusal to
 
 UNDUE TREFERENCE GENERALLY. 57 
 
 receive goods sent by him to the station at 5.15. p.m. un- 
 less sent through the receiving-house of the agent, was 
 imposing upon him an undue prejudice, although it was 
 sworn on the part of the company that the goods so 
 brought to the station by their agent came there properly 
 classified, weighed, and prepared for loading. It was 
 also in this case held that the company created an undue 
 preference by making special contracts with certain Under special 
 grocers and ironmongers at Bridgwater, under which 
 the former agreed to carry all the grocery and iron- 
 mongery goods of the latter between Bristol and Bridg- 
 water at a uniform rate of Qis. per ton, including delivery, 
 while the general rate of charge for the carriage of goods 
 between these two towns was 6s. 8d. per ton for first class, 
 8s. M. for second class, 12s. 6d. for third class, and 
 16s. 8d. for fourth class. This decision proceeded on the 
 ground that it did not appear that the diminished charge 
 was justified by any special circumstance of advantage to 
 the company, or to meet competition for another railway 
 or any other mode of carriage. 
 
 A railway company cannot give a preference to a To one of the 
 carrier (who also acted as superintendent of their goods offldall 
 traffic) to hold himself out as their agent for the receipt 
 of goods to be carried on their line and his office as the 
 receiving house of the company, and goods were received 
 by him at that place without requiring the senders to sign 
 conditions which the company reqviired all other carriers 
 who brought goods to their stations to sign. {Baxendale 
 in re and Bristol and Exeter Baihvay Company, 11 C. B. 
 N. S. 787.) 
 
 Trading in coal is not within the powers of a railway ^J'^iJ,'''^''^;^"^' 
 company ; and upon an information filed against the trade in coal. 
 Great Northern Railway Company, alleging the illegality 
 thereof and the public mischief that would arise there- 
 from, an injunction was granted with costs to restrain the 
 company from such trading in futm-e, and from applying 
 any of their funds to such purposes. In the circum-
 
 58 UNDUE PREFERENCE GENERALLY. 
 
 stances the company wcro allowed to sell the coal they 
 had ab-eady purchased^ and which was then actually on 
 hand. {Attorney General v. Great Northern liaihcay 
 Company, 2 L. T. N. S. Ch. 653 ; 1 D. & S. 154; 29 L. J. 
 Ch. 794"; 4 Jut. N. S. 1006.) 
 Inventions or It is an unduo prci'udice to prevent a carrier applying- 
 
 improvements. . ^ • ^ i> •, ^- \ 
 
 any new invention, or improvement tor locomotion, where 
 it appears that no damage is caused by such. For in- 
 stance : — The right of traverse by the pubUc on a canal 
 cannot be confined within the state of science as it existed 
 when the undertaking was projected. The public may 
 adapt the inventions and discoveries of practical science 
 to secure a more complete and efficient enjoyment of rights 
 conferred, but such inventions and discoveries must not 
 interfere with or endanger the existence of the property 
 in or over which such rights exist. For instance, a carrier 
 may claim a right to navigate a canal with boats pro- 
 pelled by steam, both for carrying as well as drawing 
 barges, and in a case of this nature it was held in tho 
 Court of Chancery upon a bill to establish this right, after 
 experiments made by an engineer at the request of the 
 Court, that the plaintiff had a right to adapt modern 
 improvements to the enjoyment of his rights, pro\dded 
 such improvements did not injure the canal or tend to 
 destroy its existence. (Case v. Midland Counties Bail- 
 way Company, 28 L. J. Ch. 727; 5 Jur. N. S. 1017.) 
 Carrier cannot Though a camer cannot compel a railway company to 
 P^u'iv'to unload Unload his goods and deliver the same by placing them 
 in a certain fjj or adjacent to his waggons free of extra charge, yet 
 he might be entitled to relief should the company afibrd 
 facilities to a rival can-ier by delivering goods as above- 
 mentioned without extra charge. [Coojnrv. London and, 
 South-Western Baihtay Conipany,4 Jur.'N . S. 762; 4C.B. 
 738 ; 27 L. J. C. P. 324.) The company had been in tho 
 habit of unloading goods coming by railway from South- 
 ampton Docks, consigned to earners in London, out of 
 their trucks, and of placing them (by their servants) in or
 
 UNDUE PREFERENCE GENERALLY. 59 
 
 conveniently near to the waggons of the consignees with- 
 out extra charge. This practice they discontinued, re- 
 fusing to allow their servants to unload the trucks without 
 an extra charge for such service, except in the case of 
 Pickford and Co., whose goods they continued to unload as 
 before, the smallness of their quantity, and the fact of 
 their being carried intermixed with the company's own 
 traffic, rendering it (as the company alleged) more con- 
 venient to themselves to do so. The complainant, 
 another carrier, was denied the aid of the company's 
 servants in the unloading of his goods of the same descrip- 
 tion and coming from the same place, the company 
 alleging that the same reason did not apply to his goods 
 as to those of Pickford and Co., inasmuch as the former 
 came in large quantities and in separate trucks. The 
 Court refused to make absolute a rule enjoining the com- 
 pany to unload the trucks containing the complainant's 
 goods, and to deliver the same to him by placing them in 
 or adjacent to his waggons, holding the demand to be too 
 large ; but the Court intimated that if the complaint had 
 been confined to the company's giving an advantage to 
 Pickford and Co. in the unloading of their goods which 
 they withheld from him, the complainant might have been 
 entitled to relief.
 
 60 
 
 CHAPTER III. 
 
 REASONABLE PREFERENCE AND ADVANTAGE. 
 
 Co^Jt to com 
 pany to bi; 
 Considered. 
 
 Fair interests There are circumstances in which railway and. canal 
 Lconsidered° Companies have given advantages or shown preference 
 to persons, companieSj and to particular description 
 of traffic, and yet have not contravened the Act of 
 1854; but in such instances it has appeared that the com- 
 panies were only forwarding their fair interests, and not 
 unreasonably preferring one person, company, or particular 
 traffic to another. In dealing, therefore, with the first 
 branch of the second section of that Act, which has been 
 considered in the previous chapter, it is to be observed 
 that the fair interests of the company are to be taken 
 into account. {Eansome in re and Eastern Counties Ball- 
 way Company, 1 C. B. N. S. 437 ; 3 Jur N. S. 217 ; 26 
 L.J. C.P. 91.) 
 
 Where a railway company was proceeded against for 
 gi^ang a particular trader an undue advantage by carry- 
 ing his goods at a cheap rate, it was held that a company 
 is justified in carrying goods for one person at a less rate 
 than that at which the company carries the same descrip- 
 tion of goods for another, if there aro circumstances 
 which render the cost to the company of carrying for 
 the former less than the cost of carr^ang for the latter. 
 [O.daile V. North-Eastern Bailway Company^ 1 C. B. 
 N. S. 454; 3 Jur. N. S. G37; 2G L. J. C. P. 129.) In 
 this case the company, in order to prevent the obstruction 
 of their railway which would be caused by an unlimited 
 coal traffic, ascertained the probaljlo consumption of coal 
 in the neighbourhood of each of their stations, and tho 
 sort required, and made aiTangements with the collieries 
 supplying tho particular sort of coal for the requisite
 
 REASONABLE PREFERENCE AND ADVANTAGE. 61 
 
 supply ; they appointed depot agents to manage the sale 
 of the coal, who from time to time ordered the quantity 
 wanted from the collieries, and caused the waggons 
 wanted for the carriage to be sent up. All the depots 
 were in the hands of these agents, who accounted to 
 the collieries for the proceeds of the sale. No coal- 
 merchant was dealt with in this way, but only coal- 
 owners ; but each dealer was treated alike and as one of 
 the public. On a motion by a coal merchant to enjoin the 
 company to afford him the same facilities for receiving and 
 forwarding his coal, it was decided that the arrangements 
 of the company were proper, and not such as gave or 
 caused any unreasonable preference or disadvantage. 
 
 Where it was within the powers of a railway company Profit guaran- 
 
 teed to com- 
 
 to charge a certain sum as tonnage on all parcels of less pany. 
 than 1 cwt., it was held to be no undue preference to 
 remit this charge in favour of a customer who consigned 
 a quantity of such parcels containing the same description 
 of goods to the same place. In this instance the cost 
 and trouble which the company incurred were naturally 
 not so great as when the parcels were of various descrip- 
 tions, and intended for different destinations. [Baxeii- 
 dale V. Eastern Counties Bailivay Company, 4 C. B. 
 N. S. 63; 27 L. J. C. P. 137.) The precise circum- 
 stances were as follows : — The company were empowered 
 to charge certain tonnage rates or tolls for all articles, 
 matters, and things carried or conveyed along the line, 
 and to provide locomotive or other power for the carriage 
 and conveyance of passengers, cattle, goods, &c., and to 
 make reasonable charges for such carriage and convey- 
 ance in addition to the tonnage rates. The company 
 might from time to time make such orders for fixing the 
 sum to be charged by them in respect of small parcels 
 not exceeding 1 cwt. each. The rates and tolls were to 
 be charged equally and after the same rate per ton 
 throughout the whole of the railway in respect of the 
 same description of articles, and no reduction or advance
 
 C2 REASONABLE PREFERENCE AND ADVANTAGE. 
 
 in the rates and tolls were either directly or indirectly to 
 be made partially or in favour or against any particular 
 person or company. The company framed a scale of 
 charges for the carriage of parcels not exceeding 1 cwt. 
 each, with charges higher than the tonnage rates, but 
 which included a reasonable charge for the use of their 
 carriage and locomotive power. Under this scale, where 
 a number of separate parcels (each weighing less 
 than 1 cwt., but exceeding 1 cwt. if taken in the aggre- 
 gate) were brought to the radway by the same person, 
 and containing the same article, and all directed to the 
 same person at their place of destination, the company 
 charged tonnage or lower rate ; but if similar parcels 
 were brought addressed to different persons, they were 
 charged the higher or parcels rate. The Court held 
 that there was nothing to induce it, or which ought to 
 induce a jury, to infer that the charges so made were 
 unreasonable, regard being had to the additional trouble 
 incurred by the company. 
 Exi)pnse of The Act is not contravened by a railway company 
 
 *^'?T"'P '^"'"' carrying at a lower rate in consideration of a guarantie of 
 large quantities and full train loads at regular periods, 
 provided the real object of the company is to obtain 
 thereby a greater remunerative profit by the diminished 
 cost of carriage, although the effect may be to exclude 
 from the lower rate those persons who canuot give such a 
 guarantie. It is therefore competent to a railway com- 
 pany to enter into special agreements whereby advantages 
 may be secured to individuals in tho carriage of goods 
 upon the railway, where it is made clearly to appear that 
 in entering into such agreements the company has only 
 the interests of the proprietors, and the legitimate increase 
 of the profits of tho railway in view, and the consideration 
 given to tho company in return for tho advantages 
 afforded by them is adequate, and the company is willing 
 to afford the same facilities to all others upon the same 
 terms. {Nicholson v. Great Western Bailway Company,
 
 4 C.B.N. S. 366; 2 L. T.N. S. 234; 28 L. J. C. P.89; 
 4 Jur. N. S. 1187.) 
 
 In order more easily to regulate the traffic, and out of Wants of a 
 
 • f ^ ,p,i -11 IT -1 district to be 
 
 consideration tor the wants or the neiglibournooa, a railway considered. 
 company divided their system into districts and reduced 
 their tariff in favour of merchants sending a specific 
 quantity of goods into these districts. This arrangement 
 was disadvantageous to a particular trader who com- 
 plained ; but the Court dismissed the complaint as it 
 regarded the arrangement as demanded by the wants of 
 the neighbourhood and in accordance with the fair interests 
 of the company. It was therefore held that a railway 
 company can establish a system of carrying coals accord- 
 ing to assigned districts comprising certain places on their 
 lines and branches, carrying them within those several 
 districts at certain lower rates for quantities not less than 
 a train load of a specific number of tons fixed by the 
 company. {RansomeY .Eastern Counties Railway Company, 
 4 C. B. N. S. 135 ; 4 Jur. N. S. 2S4 ; 27 L. J. C. P. 166.) 
 In this case the specific train load fixed by the company 
 was 200 tons. The complainants, who were coal dealers 
 at I., also carried on that business at B. and also at M. 
 and D., which are on another branch line communicating 
 with that first mentioned, and also at H., which is another 
 distinct branch. The districts assigned by the company 
 were so adjusted that the places where the complainants 
 dealt were distributed into three of them, so that in order 
 to take advantage of the reduced rates the complainants 
 would have to send from I. three full train loads, which 
 was a larger quantity than they could profitably send to 
 those districts; and thus they sustained great injury; 
 whereas the rival dealers at Peterborough, by reason of 
 one of the assigned districts embracing seven of those at 
 which the complainants dealt, were enabled to send their 
 coals in such quantities as to avail themselves of the 
 reduction. It being sworn on the part of the company 
 that these districts were adjusted, not with a view to give
 
 64 REASONABLE TEEFERENCE AND ADVANTAGE. 
 
 Unequal rates 
 on leasfjil and 
 main lines, 
 when allowed 
 
 an undue preference to the one set of dealers over the 
 other, but solely -with regard to their own convenienco 
 and the wants of the neighbourhood, the complaint was 
 not sustained. A somewhat similar dispute between the 
 same parties arose and was decided against the complain- 
 ants. (Jiansome v. Eastern Counties Railway Company, 
 8 C. B. N. S. 709; 7 Jur. N. S. 99 ; 29 L. J. C. P. 
 329 ; 8 W. R. 527 ; 2 L. T. N. S. 370.) The Court 
 there held that if the company is in the habit of carrying 
 coals belonging to various owners who compete to supply 
 the population along the line, and a tariff of charges is 
 published by the company and approved by the Court of 
 Common Pleas, by which they fix lower rates to be paid 
 for the carriage of all coal consigned to places along the 
 line, which are distributed into districts in quantities of 
 200 tons at a time, than if such population is supphed 
 with inland coal from Peterborough, with seaborne coal 
 from Ipswich, which is situate in No. 8 district, it is no 
 undue preference to the Peterborough owners, and no 
 undue disadvantage to the Ipswich owners, if the company, 
 starting from S. with coal trains of 200 tons each, be in 
 the habit of breaking off portions of these trains at C. 
 in the progress to a certain district, leaving such portions 
 of trains at C. whilst the residue goes on to its original 
 destination, but the parts left at C. being always sent on 
 by detachments of fewer than 200 tons each, and 
 charging the lower rates for such detachments. 
 
 "When a railway company has two distinct systems of 
 railways, it is not undue preference to have two different 
 tariffs for each system. 
 
 The Glasgow and South- AVestern Railway Company 
 having become lessees of another railway which they 
 worked in connection with their own line, published 
 tables of rates ap]ilicable to the different railways. The 
 rates charged on the leased line were higher than on the 
 main line ; and coal which was loaded on the leased lino 
 and can-icd along it and the main line was charged at
 
 REASONABLE PREFERENCE AND ADVANTAGE. 65 
 
 tlie higher rate for the whole distance ; while coal loaded 
 on the main line and carried along the leased line was 
 charged throughout at the lower rate. The Coui't of 
 Session held that the equal rates clause in the Acts of 
 Parliament applicable to the company, whereby they 
 were obliged to carry goods passing over the same 
 portion of and over the same distance along the railway, 
 and under the like circumstances, '' to all persons at the 
 same rates," did not bar the company from charging rates 
 in the manner specified. [Fmnie v. Glasgoio and 
 South- Western Raihvay Company, 4 Feb. (reported 
 10 Mar.) 1853 ; 15 D. 523 ; 25 Jm-. (Scot.) 301 ; 
 2 Stuart, 195.) 
 
 The case of Great Western Railway Company v. Specific terms 
 Toorner, 11 W, E. 464 Q. B. was not decided under the niodities! ^°^' 
 Act of 1854 ; but the Court considered there was no 
 unreasonable prejudice to a particular description of 
 traffic, and that certain charges by the company could 
 not bo disputed under the following circumstances. 
 The company, who carried certain bulky commodities at a 
 certain rate per ton, gave notice to the defendant that 
 they would only carry such commodities on certain 
 terms, that is, at a certain minimum rate per truck 
 (capable of carrying three tons), whether filled or not, 
 the rate per ton being far less than the ordinary rate. 
 The defendant, although objecting to these terms, yet 
 without any departure by the company therefrom, con- 
 tinued to send such commodities, sometimes in quantities 
 of less than three tons, and claimed to be charged at the 
 minimum rate per ton for the quantities actually carried. 
 The Court held that he was not entitled to claim to be so 
 charged, and was bound to pay at the rate charged per 
 truck ; that there was nothing unreasonable therein, and 
 that even if there were, the remedy was under the Rail- 
 way Traffic Act.
 
 66 
 
 CHAPTER lY. 
 
 RIGHTS OP PASSENGERS. 
 
 Unreasonable 
 preference bv 
 iuei|uality of 
 cliarfje on 
 same liue. 
 
 Public entitled 
 to reasonable 
 phelter at junc- 
 tions. 
 
 Season tickets, 
 prantinp of 
 not compul- 
 sory. 
 
 To constitute an undue or unreasonable preference by 
 reason of an inequality of charge for the conveyance 
 of passengers, it must be an inequality in the charge for 
 travelling over the same line or the same portion of the 
 line. It is no ground of complaint that a company 
 working the main line refuse to grant third-class return 
 tickets to the branch line, if it appears that no such 
 tickets are issued to other branches similarly situated. 
 To induce the Court to interfere on a complaint by the 
 proprietors of a branch line that a sufficient number of 
 trains of the main line does not stop at the junction or stop 
 at convenient times, it must be distinctly shown that suffi- 
 cient accommodation is not afforded to meet the fair 
 requirements of the public. The Court refused to grant 
 an injimction on the complaint of a company having a 
 branch on a trunk line to restrain the parent company 
 from charginghigher rates for the conveyance of passengers 
 to the terminus of another branch line (in which they 
 themselves were interested) extending over the same 
 number of miles. {Gatcrham Railway Company in re 1 
 C. B. N. S. 410 ; 26 L. J. C. P. IGl). In this case it was 
 intimated that it is a good ground of complaint that there 
 is no place of shelter provided at the junction for passen- 
 gers on the branch line waiting the arrival of trains, the 
 public being entitled in this rcs^iect to reasonable accom- 
 modation. 
 
 The Court refused to grant a rule for an injunction 
 against the Eastern Counties Railway to com])cl them to 
 issue season tickets between Colchester and London, on
 
 BIGHTS OF PASSENGERS. 67 
 
 the same terms as they issued them between Harwich and 
 London, upon a mere suggestion that the granting the 
 latter (the distance being considerably greater) at a much 
 lower rate than the former was an undue and unreasonable 
 preference of the inhabitants of Harwich over those of 
 Colchester. (Jones v. Eastern Counties Raikvay Comjmny, 
 3 C. B. N. S. 718.) 
 
 A railway company is not excused from carrying No room in 
 
 T . , , 1 • i X j-1 1 train does not 
 
 passengers accordmg to then* contract upon tlie ground fj.gg comi>any 
 that there is no room for them in the train : but in order fro"i their 
 
 . contrnct. 
 
 to avail themselves of this answer, they should make their 
 contract conditional upon there being room. (Haivcroft v. 
 Great Northern Railway Company, 21 L. J. Q. B. 178; 
 s. c. 16 Jur. 196.) The mere taking of a ticket for a 
 journey by railway does not, however, amount to a contract 
 on the part of the company or impose upon them a duty 
 to have a train ready to start at the time at which the 
 passenger is led to expect it. {Hurst v. Great Western 
 Baihvay Company, 19 C. B. N. S. 310.) But a railway Timetables, 
 company is liable for circulating time tables calculated to p'Ji'iiy^i^^hie^for 
 mislead ; and it was held by Lord Campbell, C. J., and misleading-. 
 Wightman, J., that the table amounted to a contract 
 on behalf of the company with those who should come to 
 the station to forward them as stated in the table ; 
 Crompton, J., dissentiente. Semhle per that learned 
 judge that the company might also be liable as public 
 carriers, professing to carry to a certain point, and bound 
 as such to act up to their public profession. {Denton v. 
 Great Northern Railway Company, 5 E. & B. 860 ; 25 
 L. J. Q. B. 129; 2 Jur. N". S. 185; 26 L. T. 216.) 
 Carriers of passengers cannot be compelled to carry a 
 passenger unless there be room in the carriage. [Lovett 
 V. Hobbs, 2 Show. 428.) The Board of Trade have Bye-laws by 
 framed bye-laws for regulating travelling upon and using i>^je.° 
 railways. Regulation 5 is to the following effect: — 
 
 " At the intermediate stations the fares will only be accepted and
 
 68 
 
 RIGHTS OF PASSENGERS. 
 
 the tickets furnished conditionally : that is to say, in case there shall 
 be room in the train for which the tickets are furnished. In case 
 there shall not be room for all, the passengers to whom tickets have 
 been furnished for the longest distance shall (if reasonably practic- 
 able) have the preference, and those to whom tickets have been 
 furnished for the same distance shall (if reasonably practical >lc) have 
 priority according to the order in which tickets liave been furnished, 
 as denoted by the consecutive numbers stamped upon them. The 
 company will not, however, hold itself responsible for such oixler of 
 preference or priority being adhered to, and the fare will be imme- 
 diately returned to anv passenger for whom there is not room as 
 aforesaid." 
 
 a reasonable 
 objection. 
 
 The bye-laws also refer to the payment of fares and 
 good behaviour of passengers on the railway. It has 
 been decided in the American Courts that although 
 Ucfusal to ad- stcamboat proprietors, holding themselves out as common 
 wbere tlierels^ carriorS, are bound to receive passengers on board under 
 ordinary circumstances, they may refuse to receive them 
 if there be a reasonable objection. Thus they are not 
 bound to admit passengers on board who refuse to obey 
 the reasonable regulations of the boat, or who are guilty 
 of gross or vulgar habits of conduct, or who make dis- 
 turbances on board, or whose characters are doubtful or 
 dissolute or suspicious, and a fortiori whose characters 
 are unequivocally bad . And as passengers are bound to 
 obey the orders and regulations of the proprietors, unless 
 they are oppressive and gros.sly unreasonable, whoever 
 goes on board under ordinary circumstances implied by 
 contracts to obey such regulations, may justly bo 
 refused a passage if he wilfully resists or violates them. 
 (Story on Bailments citing Jenclcs v. Coleman, 2 Sumner's 
 Rep. 242 ; see also Hodges, 5th ed. p. 485.) 
 
 The measure of damages for detention has lieen laid 
 down in a case where a tradesman took a ticket to go by 
 railway from London to Hull. On arriving at Grimsby, 
 he found no train ready to take him to Hull the same 
 ni^ht, ;is it should have been according to the pu])lished 
 timr-liill. He slept at Grimsby, and in the morning paid 
 
 Dama^pB, 
 in<-"a.«urp of, 
 to a pjL'iScng'er 
 for detention.
 
 lelay 
 
 RIGHTS OF PASSENGERS. 69 
 
 Is. 4d. fare to Hull. In consequence of the delay, he 
 failed to keep appointment with his customers, and was 
 detained for many days. The Court of Exchequer held 
 that though he would have been entitled to have per- 
 formed the contract at the expense of the railway com- 
 pany, yet not having- done so, that he was not entitled to 
 recover anything more than nominal damages in addition 
 to the Is. 4d., and perhaps the cost of his bed at 
 Grimsby. {Hamhlin v. Great Northern RaiVway Gom- 
 pamj, 1 H. & N. 408; 26 L. J. Ex. 20; 2 Jur". N. S. 
 Ex. 1122 ; 28 L. T. 104.) 
 
 Should a passenger take a ticket, and be kept waiting Time tables, 
 for a considerable time at the station in consequence of panTof non- 
 tho train being delayed by an accident, the eflFect of ^j'^!"^^^^ *°'' 
 which was he missed another train to take him to the 
 destination on the ticket, it has been held there was no 
 evidence of a cause of action, as the company by their 
 train bills gave notice they would not be liable for the 
 trains not keeping time. {Hurst v. Great Western 
 Baikvay Company, 34 L. J. C. P. 264; 11 Jur. N. S. 
 730; 12 L.T.N. S. 634.) 
 
 A time table of a comj)any contained the following 
 words : — 
 
 " These tables show the time at which the trains may be expected 
 to arrive and depart from the several stations ; every exertion will 
 be used to insure punctuality, but the departure or arrival of trains 
 at the tune stated will not be guaranteed, nor will the company 
 hold tliemselves responsible for delay, or any consequences arising 
 therefrom." 
 
 An action was brought against the company by a 
 passenger who arrived an hour and a-half too late to keep 
 an appointment, which, had the train not been delayed by 
 stoppages, could easily have been kept, and the jury, in 
 answer to questions from the learned judge, found that 
 there was no negligence or want of care on the part of 
 the company. It was accordingly held that no contract
 
 70 
 
 RIGHTS OF PASSENGERS. 
 
 LuiTgafre, 
 company only 
 t)ound to CJirry 
 jLissen^pre' 
 i> >rson;il. 
 
 Throupli book 
 iiisj over two 
 linos one con- 
 tract. 
 
 or duty had been proved by which the company could bo 
 made liable. {Prevost v. Great Eastern liaihuay Com- 
 pany, 13 L. T. N. S. 20; Crompton, J.) 
 
 A railway company conveying passengers for hii*e is 
 at common law only bound to carry their personal lug- 
 gage. If a passenger has merchandise among his per- 
 sonal luggage, or so packed that the company have no 
 notice that it is merchandise, they are not responsible for 
 the loss. But if the merchandise be earned openly, or 
 so packed that its nature is obvious, and the company do 
 not object to it, they will be liable. {Shci>hcrd v. Great 
 Northern Eaihvay Company, 8 Exch. 30; 7 Railway 
 Cas. 310; 21 L. J. Exch. 286 C. C. A. See 
 also Cahill v. London and North-Western Railway 
 Company, 10 C. B. N. S. 154; 7 Jur. N. S. 1164; 
 30 L. J. C. P. 289 ; 9 W. R. 653 ; 4 L. T. N. S. 246 ; 
 affirmed on appeal, 13 C. B. N. S. 818 ; 8 Jui-. N. S. 
 1063; 31 L. J. C. P. 271; 10 W. R. 391. And 
 S. P. Belfast and Ballymena Pailway Company v. Keys, 
 9 H. L. Cas. 556 ; 8 Jur. N. S. 367 ; 9 W. R. 793 ; 4 
 L. T. IS". S. 841.) 
 
 When by a traffic arrangement between two railway 
 companies passengers are booked through, the contract 
 is one entire contract between the passenger and the 
 company issuing the ticket. This was decided in 
 Mytton V. Midland Paihvay Company, 4 H. & N. 615 ; 
 28 L. J. Exch. 385. The Midland Company and the 
 South Wales Railway Company had a traffic arrangement 
 for booking passengers through. The South Wales 
 Company issued a through ticket to a passenger from 
 Newport to Birmingham, the words, " via Midland from 
 Gloucester," being pi-intcd on the ticket. His port- 
 manteau was lost on the Midland line between Gloucester 
 and Birmingham. Under the South Wales Company's 
 Act a passenger's ordinary luggage is conveyed at his 
 own risk. The fare paid was di\nded according to the 
 mileage. The Court of Exchequer decided that he had
 
 RIGHTS OF PASSENGERS. 71 
 
 no cause of action against tlie Midland Company, the 
 contract entered into by him being with the South Wales 
 Company for the whole distance. 
 
 A railway company whose Act enabled every passenger Luggao-e, 
 to take with him his articles of clothing not exceeding a '^"'^l''"& °^- 
 specified weight and dimension, and absolved the com- 
 pany from all liability or responsibility for the safe carriage 
 of articles so carried, and who, by one of their published 
 regulations, required passengers after taking their ticket 
 to claim their luggage on the platform, and to see it 
 marked with the company^s labels, and declared that no 
 luggage will be placed in the train until it is marked, and 
 that they will not be responsible for any article of luggage 
 that is not so marked, cannot refuse to place in their van 
 and convey as passenger^s luggage a package brought by 
 a passenger and made up in a railway wrapper or a horse 
 rug, on the ground that it consists of articles of clothing, 
 nor can they oblige the passenger to take it along with 
 him in the carriage in which he sits, so as to throw on him 
 the responsibility of its safe carriage. {Munster v. SoutJi- 
 EoMern Railway Company, 4 Jur. N. S. 738 ; 27 L. J. 
 C. P. 308; 4 0. B.N. S. 676.) 
 
 Ordinary luggage for which a railway company are Luggage, 
 responsible does not include title-deeds which an attorney not*^o^'dinary 
 is carrying with him in his portmanteau for the purpose 
 of producing on a trial in a local court, or bank notes 
 carried by him for the purpose of meeting the contin- 
 gencies of the case. {Phelps v. London and North- Western 
 Baihvay Company, 19 C. B. N. S. 321; 11 Jur. N. S. 
 652 ; 34 L. J. 0. P. 259 ; 13 W. E. 782 ; 12 L. T. N. S. 
 496.) 
 
 Pencil sketches of an artist placed in his portmanteau Luggage, 
 do not form part of his ordinary luggage, so as to entitle sketcbefno" 
 them to be conveyed free of charge. {Mytton v. Midland ordinary. 
 Baihvay Company, 4 H. & N. 615 ; 28 L. J. Exch. 385.) co!f|aly' 
 A railway companv that undertakes to convey a pas- ]>p^^^ *° ^T 
 
 •'r J y i liver at end 
 
 senger with his luggage is bound to deliver it to him of journey.
 
 70 
 
 EIGHTS OF PASSEXGERS. 
 
 rat^e ex- 
 
 Lu 
 
 cpi'ilinjj: £10 
 in value, 
 notice of. 
 
 at the end of the journey, though it may be in the same 
 carriage -svith him and under his personal care, and if the 
 usual course of delivery is at a particular spot, that is the 
 place of delivery. {Richards v. London and South Coast 
 Railway Company, 7 C. B. 839; 6 Railw. Cas. 49 ; 13 
 Jur. 986 ; 18 L. J. C. P. 251. See also Butcher v. London 
 and South-Western Raihcay Company, 1 Jur, N. S. C. P. 
 427 ; 16 C. B. 13 ; 24 L. J. C. P. 137 ; 3 Com. L. R. 137. 
 And Le Conteur v. London and South- Western Railway 
 Company, 35 L. J. Q. B. 40; 12 Jur. N. S. 266; 1 L. R. 
 Q. B. 54; 14 W. R. 80; 13 L. T. N. S. 325.) Luggage 
 exceeding £10 in value deposited in the cloak-room 
 of a station, and a notice given to the depositor that 
 " the company will not be responsible for any package 
 exceeding the value of £10," protects the company from 
 liability not only for the loss of such an article, but also 
 for the delay in delivering it — at least when the delay is 
 caused by no wilful act or default of the company and 
 without their privity and knowledge. {Pepper v. South- 
 Eastern Raihvay Company, 17 L. T. N. S. 469.) It has 
 also been held in a case similar to the previous, 
 where the article above the value of £10 has been lost, 
 though the liability of the company has been limited to 
 that sum, the company received the deposit not as carriers, 
 but as ordinary bailees upon the terms contained ia the 
 printed notice, and was not responsible for the loss, and 
 that the case was neither within the Carriers' Act (11 
 Geo. lY. and 1 Will. IV. c. 68) nor the Railway Traffic 
 Act. {Van Toll v. South-Eastcrn Railway Company, 12 
 C. B. N. S. 75 ; 8 Jur. N. S. 1213 ; 31 L. J. C. P. 241 ; 
 ^ 6 L. T. N. S. 244.) The company is only responsible 
 
 rt-j.onsibie for for the actual value of the articles deposited, except by 
 actual value of. gpp^ial contract; and a commercial traveller who deposits 
 in a waiting-room a case of patterns which is lost cannot 
 claim damages beyond its actual value. {Anderson v. North- 
 Eastcrn Railway Company, 4 L. T. N. S. Ex. 216.) 
 When a passenger leaves an article at a railway station 
 
 Luggage,
 
 RIGHTS OF PASSENGERS. 73 
 
 the company are not bound to send it to his residence Luggage need 
 
 ^ '' ,11 (. -I ■ TiiJ?-j- not be sent to 
 
 without a reasonable charge lor so doing, nor liable tor its passenger's 
 non-delivery when sent for, unless reasonable means are l^^^H^^ 
 afforded to them of finding and identifying it; but if they charge. 
 afterwards detain it for any petty charge, they cannot 
 charge warehouse room for it, and the proper course is to 
 pay the charge and sue to recover it in the county-court ; 
 and if the article is ready for delivery the damage may 
 properly be only nominal, whether on a special count 
 or on a count for trover. (Per Cockburn, C. J., Dimsdale 
 V. London and Brighton Railway Company, 3 F. & F. 
 167.) If a ticket given by a company on the deposit of an Luogage, 
 article does not on the face of it show at what time or up,'^question"^ 
 hour the article is to be given up, and the company, within fo*" -^ J^'T- 
 a reasonable time and after a reasonable demand, fail to 
 deliver it up, the question whether there had been un- 
 reasonable delay is one for a jury alone to determine. 
 {Stallard v. Great Western Railway Company, 31 L. J. 
 Q. B. 137; s. c. 6 L.T.N. S. 217.) 
 
 A servant travelling with his master on a railway may Servant trayel- 
 forward his luggage in the train and maintain an action master may 
 in his own name for the loss of his luggage, although the 1;^^^"^^^^^'^^°'' 
 master took and paid for his ticket. The liability of the name, 
 railway company in such a case is independent of the 
 contract. (Marshall v. Yorh, Newcastle, and Berivich 
 Raihvay Company, 16 Jur. 124; 11 C. B. 655; 21 L. J. 
 C. P. 34.) 
 
 Thouo-h a railway company, by their Act, allow every Luggage, 
 
 ° , .,,.,. -,. -, , exclusion of by 
 
 passenger to take with him his ordinary luggage, not ex- ^heap excur- 
 ceeding 150 lbs. in weight for first-class passengers, and ^^°^\^^^|^^''^ 
 100 lbs. in weight for second and third-class passengers, 
 without any extra charge being made for the carriage, they 
 are not precluded from making special arrangements for 
 the exclusion of luggage by cheap excursion trains. Should 
 a passenger by an excursion train know that the company 
 declined to carry any luggage for passengers with tickets 
 (at a reduced fare) and hand luggage to a porter to be
 
 74 
 
 EIGHTS OF PASSENGERS. 
 
 Bye-laws 
 cannot con- 
 travf-ne spirit 
 of Act of Par- 
 liament. 
 
 put in the van, tbo company's servants are entitled to refuse 
 delivery, cither in course of the jom-ney or at its termina- 
 tion, unless the carriage be paid, as the circumstances 
 raise an implied contract for hire which justifies them in 
 detaining it. {Rumscy v. KortJi-Eastcrn Baihvay Com- 
 pany, 14 C.B. N. S. 611 ; 32 L. J. C. P. 244; 11 W. R. 
 911; 8 L. T. N. S. 606; 10 Jur. N. S. 208.) A pas- 
 senger, therefore, who takes a ticket for an excui-sion 
 train referring him to bills on which it was announced 
 that luggage taken by the train was at the passenger's 
 risk, is not entitled to sue for loss of his luggage by 
 neerliarence, thoug-h he did not see the hand-bills or know 
 of the condition. In such a case the 7th section of the 
 Act of 1854 does not apply. {Steicart v. London and 
 North- Western Eaihcay Company, 10 Jur. N. S. 805; 33 
 L. J. Exch. 199 ; 12 W. R. 689 ;' 10 L. T. N. S. 302.) 
 
 Railway companies, though empowered by their Act of 
 Parliament to make bye-laws with respect to passengers' 
 luggage, cannot make these bye-laws contravene the 
 spirit of their Act of Parliament. (WiUiaius v. Great 
 Western Railway Company, 10 Exch. 15.) In this case a 
 section of the Act incorporating the company enacted 
 that, without extra charge, it should be lawful for every 
 passenger travelling on the railway to take with him 
 articles of clothing not exceeding 40 lbs. in weight 
 and 4 cubic feet in dimensions ; and that the company 
 should in no case be responsible for anything whatsoever 
 carried upon the railway with any passenger other than 
 such passenger's ai-ticles of clothing, not exceeding the 
 weight and dimensions aforesaid, provided that nothing 
 therein contained should extend to make liable the com- 
 pany further than where, according to law, stage-coach 
 proprietors and common carriers would be liable. An- 
 other section enabled the company to make bye-laws for 
 the good government of the aflairs of the company and 
 for the management of the undertaking. The company 
 made a bye-law that every first-class passenger should
 
 RIGHTS OF PASSENGERS. 75 
 
 be allowed to cany 112 lbs. of luggage free of charge^ 
 but that the company would not be responsible for the 
 care of the same, unless booked and the carriage thereof 
 paid for. The Court held that the company had no 
 power to make the bye-law, since it was in contraven- 
 tion of the first section. 
 
 The same bye-law was also the subject of another deci- 
 sion. The passenger having taken and paid for a second- 
 class ticket, delivered her luggage to a porter of the com- 
 pany, telling him to what station she was going, and, 
 after seeing him label it, took her seat in the train. On 
 arrival at her destination, one of her boxes was miss- 
 ing, and it was admitted by the company it had been 
 stolen. The bye-law allowed a second-class passenger 
 56 lbs. of luggage free of charge, but, as in the pre- 
 vious case, freed themselves from responsibility unless 
 the luggage was booked and paid for accordingly. It 
 did not appear that the passenger knew of the bye-law, 
 or that it had been affixed at the stations, as required by 
 the Act. The passenger having sued the company in a 
 county-court for the loss, the judge, on these facts, held 
 the company liable, and gave a verdict for the full vakie 
 of the box. The Court of Common Pleas decided, on 
 appeal, that the judgment must be affirmed, as the prima 
 facie liability of the company was not conclusively re- 
 butted, and there was therefore evidence to support the 
 finding. (Great Western Raikvay Company v. Goodman, 
 12 C. B. 313 ; 16 Jur. 862 ; 21 L. J. C. P. 197.) 
 
 In an action against a railway company for not Luggage, evi- 
 delivering luggage to another railway company at B., to delivery by 
 be carried by such last mentioned company from B. to one company 
 
 '' T ■ 1 n ^^ another. 
 
 C, the plaintiff must give such evidence of a non- 
 delivery at B. as preponderates over the presumption 
 of a delivery. It is not enough to show that the 
 luggage never reached C. or to give evidence of a loss 
 which is equally consistent with a loss by the one com- 
 pany as by tire other. {Midland Railway Company,
 
 76 RIGUTS OF PASSENGERS. 
 
 app. Bromley resp. 17 C. B. 372 ; 2 Jur. N. S. 110 ; 25 
 L. J. C. P. 94.) 
 Lufrgage, A railway company, it has been held, can make a 
 
 spruLconTr'it spccial contract with a passenger, freeing them from 
 as to. liability for loss of luggage on a foreign railway through 
 
 which the former had booked him. (Zimz v. Soitth-Eastcrn 
 Railway Company, 38 L. J. Q. B. 209 ; 20 L. T. N. S. 
 873.) In this case the passenger was booked through 
 from London to Paris by the company, who were carriers 
 by their railway from London to Dover. He travelled 
 to Dover, thence to Calais by steamboat, and fi-om Calais 
 to Paris by a French line of railway. He registered his 
 luggage at the London station of the defendants, who 
 thereupon took possession of it. Upon the through 
 ticket which he received from the defendants was the 
 following notice : — 
 
 " The English railway companies are not responsible for loss or 
 detention of or injury to lujrtrage of the passenger travelling by this 
 through ticket, except while the passenger is travelling by their 
 trains or boats, and in this latter case only when the passenger com- 
 plies with the bye-laws and regulations of the companies ; and in no 
 ease for luggage of greater value than £5. Each company incurs no 
 resi)onsibility of any kind beyond what arises in connection witli its 
 o^vu trains and boats, and in consequence of jiassengers being 
 booked to travel over the railways of other companies, such tlirough 
 booking being only for the convenience of the passengers. Nor will 
 the com]ianies be responsible for tlie trains or boats being delayed 
 or not meeting tlie trains in corresponilence, nor for any consequences 
 that may result to a passenger tliereby." 
 
 The luggage having been lost upon the French line of 
 railway, and an action having been brought against the 
 English company for the loss, it was held that the 
 defendants were protected fi-om responsibility by this 
 special contract, and that they did not lose such protec- 
 tion by reason of the ticket or contract not having been 
 signed by the plaintiff, the provisions to that efl'ect in the 
 " Railway and Canal Traffic Act," 1854, only applying to 
 receiving, forwarding, and delivering of goods upon the
 
 RIGHTS OF PASSENGERS. 
 
 77 
 
 line of railway belonging to or worked by the company 
 making the special contract. 
 
 In Story on Bailments. 324, it is stated : — ,L"nK^^^', 
 
 •' ' ' liability of 
 
 "It lias been a matter of some controversy in what character the companies for. 
 proprietors of stage coaches and steam-boats and rail-cars are to be 
 regarded. The more important qnestion has been in regard to 
 their liability for the baggage of passengers, whether it is that of 
 common carriers or only that of private persons engagmg ordinarily 
 for hire, that is, for due and reasonable skQl and diligence in the 
 undertaking. The general tendency of the authorities, however, 
 has at all times been to the point that, as to the baggage of the 
 passengers, the proprietors are common carriers. And the doctrine 
 seems now firmly estabHshed, both in England and America, that 
 the responsibility of coach proprietors carrying passengers with their 
 bao'gage, stands as to then- baggage upon the ordinary footing of 
 common carriers. Mr. Bell has deduced this as the true modern 
 doctrine on the subject." 
 
 In Great Northern Kailway Oompany v. Sheplierd, 21 Lug-o^age (per- 
 
 L. J. Ex. 114, 8 Exch. 30, Parke B. stated :— Znll '^''"'" 
 
 " There being no .special contract, the defendants were only 
 bound to carry the plaintifi" and his luggage, and under that term 
 may be comprised his clothing and everything required for his 
 personal convenience, and perhaps even a small present or a book 
 might also be included in that term ; but they were certainly not 
 bound to carry merchandise and materials intended for trade, and 
 to be sold at a profit. Had the company, with full notice of what 
 the passenger was carrying, chosen to treat it as luggage, they 
 would have been responsible for the loss ; but their duty as 
 common carriers was only to carry luggage and not merchandise, or 
 articles wholly disconnected with personal luggage. If they had 
 had notice, they might have refused to carry it without an addi- 
 tional payment, but they had no opportunity of acquu-ing this 
 knowledge in this case. Whether this was done with any fraudu- 
 lent mtention it is not material to inquu-e, for without any fraud 
 the passenger has so conducted himself that the company were not 
 apprized of the nature of what he vvas carrying, and it is the same in 
 effect as if a fraud had been mtended." 
 
 See also Keys v. Belfast Railway Company, 8 Ir. C. 
 L. R. 167 ; 9 H. L. C. 556 ; 8 Jur. N. S. 367. 
 
 Those articles only which travellers usually carry with 
 them as part of their luggage come within the definition 
 of " ordinary " or '^ personal " luggage which a railway
 
 78 RIGHTS OF PASSENGERS. 
 
 company is bound to carry with a passenger free of 
 charge. A railway company refused to carry a '' spring 
 horse'' for a child to ride on, weighing 78 lbs. and measur- 
 ing 44 inches in length, tendered to them by a passenger 
 who was entitled to take with him 112 lbs. of "ordinary" 
 or " personal " luggage. The company were held to be 
 justified in refusing to carry the article free of charge. 
 [Hudston V. Midland Raihray Company, L. R. 4 Q. B, 
 366 ; 38 L. J. Q. B. 213 ; 17 V. R. 703.) 
 Fares. The following was a bye-law of the Great Northern 
 
 Railway Company: — 
 
 " No passeugcr Avill be allowed to enter any carriajrc, or travel 
 therein, without having paid his fare and obtained a ticket, which 
 ticket such passenger is to show when required, and to deliver up 
 before leaving the company's premises." 
 
 A question arose under this bye-law which was decided 
 by the Court of Queen's Bench under the following cir- 
 cumstances : The plaintiff took tickets for himself, three 
 boys and three horses, by a certain train which was after- 
 wards divided by the company's servants into two parts, 
 one being composed of passengers' carriages and the other 
 of horse-boxes. The plaintiff, who retained in his pos- 
 session all the tickets he had taken, travelled by the first- 
 mentioned portion of the di\dded train, leaving the boys 
 to follow by the second in the same boxes in which the 
 horses were convej^ed. The boys, being unable when 
 requested to produce the tickets which had been taken 
 for them, were prevented by the company's servants from 
 entering the horse-boxes. This was held to be a breach 
 of contract by the company for which they were respon- 
 sible, notwithstanding the bye-law. {Jennings v. Great 
 Northern liaihvay Company, 12 Jur. N. S. Q. B. 331.) 
 
 The case of Shirge v. Midland liaihcay Company (4 Jur. 
 N. S. Ch. 273) decides an important point with respect 
 to specific performances by a company of an alleged 
 agreement to grant a free pass. The plaintiff, a corn 
 merchant carrying on business in the towns through-
 
 RIGHTS OF PASSENGERS. 79 
 
 out the district traversed by a portion of tlio railway, in 
 1846 entered into an agreement with them that he would, 
 in consideration of the company granting to him yearly, 
 and during so long a time as he should carry on business 
 at a certain town, a free pass over their line between two 
 towns, have, for so long a time as the scale of charges of 
 the company and a certain canal company should bear the 
 same proportion to each other as they then bore, all his 
 goods carried by the railway in preference to the canal 
 company. That arrangement continued down to 1849, 
 when the plaintiff at the request of the company, to prevent 
 the annoyance to them of constant free passes, consented 
 to pay £5 as a nominal consideration for the free pass. 
 This arrangement continued down to 1857, when, after a 
 long correspondence on the subject, arising out of the 
 plaintiff's application for a renewal of the pass, the company 
 refused to renew it. The alleged agreement of 1845 was 
 not executed by or on behalf of the company. A bill was 
 filed by the plaintiff against the company for specij&c 
 performance of the agreement, and on demurrer for want 
 of equity, the Court held that the agreement, being unila- 
 teral in its nature and uncertain in its terms, could not be 
 specifically enforced, and therefore the demurrer must be 
 allowed. 
 
 The Caledonian Eailway Company fixed the rates for Fares, in- 
 passengers travelling between the termini of the line ^^'"'^ ' ^ ° ' 
 according to a much lower scale than the rates chargeable 
 from passengers travelling between intermediate stations. 
 A person residing near one of the intermediate stations 
 presented to the Court of Session a petition against the 
 company under the Act of 1854, praymg the Court to de- 
 cree that the proceedings of the company were in violation 
 of the statute. The Court dismissed the petition on the 
 ground that the petitioner alleged no wrong done to him- 
 self. Lord President McNeill (now Lord Colonsay) 
 observed : — 
 
 "Either tlie public prosecutor or any private party having an
 
 80 EIGHTS OF PASSENGERS. 
 
 interest might institute the comphiint. But I do not see that 
 the petitioner has shown any interest at all. I put the question 
 whether he sufiered any disad\anta<re Viy the proportional rating 
 complained of; and the answer was that lie did not comi>lain of any 
 disadvantage, but that he did not choose that parties travelling from 
 Edinburgh to Glasgow should enjoy the benefit of a cheaper rate of 
 travelling than he himself could enjoy. It does not ap])ear to me to 
 be a matter wliich the statute provides for at all. It provides for 
 givhig undue preference to parties pari passu in the matter, but you 
 must bring them into competition in order to give them an interest 
 to complain." 
 
 {Hozier v. Caledonian Railway Company, 17 Duiilop, 
 302; 27 Jut. (Scot.) 131.) 
 
 The decision in Hozier's case is similar to that pro- 
 nounced some years previously in Attorney- General v. 
 Birmingham and Derby Junction Eaihvay Company, 
 2 Railw. Cas. 124. The ground of complaint was that 
 the respondents charged passengers conveyed by their 
 carriages from Derby to Hampton-in-Ardcn 8s., while 
 they charged other passengers proceeding from Derby to 
 Hampton-in-Arden and thence to London only after the 
 rate of 2s. between Derby and Hampton-in-Arden. It 
 was admitted that the charge of 8s. did not exceed the 
 rate allowed by the respondents' Act of Parliament. 
 The Lord Chancellor held, on a motion for injunction, 
 that the respondents' Act was only meant to prevent the 
 exercise of a monopoly to the prejudice of one passenger 
 or earner and in favour of another. That, even if the 
 Court had jurisdiction, it would not interfere, unless it 
 were clear that the public interest required it ; and it 
 being admitted that the higher charge was not more than 
 the Act permitted, it did not appear that the public were 
 prejudiced by the arrangement.
 
 81 
 
 CHAPTER V. 
 
 RECEIVING AND FORWARDING TRAFFIC. 
 
 The eleventh section of the Act of 1873 explains 36 & 37 Vict., 
 and amends the second of that of 1854, as to faci- ^■' '^• 
 lities for receiving and forwarding traffic. These faci- 
 lities are thereby declared to include the due and rea- 
 sonable receiving, forwarding, and delivering, by every 
 railway company and canal company, and railway 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 
 the Act referred to as through rates) . 
 
 There are nine sub-sections to the section (p. 24, ante) 
 providing as to the manner in which it is to be enforced ; 
 and the last portion of it extends to steam vessels used, 
 maintained, or worked by a railway or canal company, the 
 same provisions. 
 
 The section has as yet not been the subject of dis- 
 cussion before the Commissioners ; but it has been 
 thought expedient to illustrate the spirit of the section 
 by shortly stating the law as to reasonable facilities, 
 which necessitates the introduction of some cases not 
 precisely in point, but which, nevertheless, bear on the 
 subject. 
 
 By 11 Geo. 4 and 1 Will. 4, c. 68, s. 5, every office. Receiving 
 warehouse, or receiving-houso which shall be used or Jj^^j^n^carrier" 
 appointed by a mail contractor or stage-coach proprietor what. 
 or other such common carriers for the receiving of parcels 
 to be conveyed, shall be deemed and taken to be the 
 receiving-house, warehouse, or office of such mail con- 
 tractor, stage-coach proprietor, or other common carrier. 
 
 There must be no unreasonable delay on the part of 
 
 G
 
 82 
 
 RECEIVING AND FORWARDING TRAFFIC. 
 
 Fonvardina:, 
 no unreason- 
 able delay in. 
 
 Goods ten- 
 dered, refusal 
 of. 
 
 Leakage, re- 
 sponsibility 
 for. 
 
 Goods, power 
 of carriers to 
 refuse certain 
 class of. 
 
 the company in foi'warding goods. {Johnassohn v. Great 
 Northern Ilaihvay Company, 10 Exch. 434; 24 L. J. 
 Exch. 31.) In this case the company agreed -with the 
 plaintiff to carry for him, at the rate of 170 tons a day, 
 30,000 tons of coal from a colliery to London, the York 
 and Berwick Railway Company undertaking to haul the 
 waggons from the colliery to York; and it was agreed 
 that the contract was founded on the basis that there 
 should be no unreasonable detention of the waggons 
 by the York and Berwick Company. The Court held 
 that it was a condition precedent to the Great Northern 
 Company's obligation to carry the coal, that there should 
 be no unreasonable delay by the York and Berwick Com- 
 pany in hauling the waggons. 
 
 Where goods have been tendered by a carrier to a 
 consignee and refused by him, there is no rule of law 
 that the carrier must give notice of such refusal to the 
 consignor; he is only bound to do what is reasonable. 
 {Hudson V. Baxendale, 2 H. & N. 575 ; 27 L. J. Ex. 93.) 
 It was also held in this case that a carrier is not re- 
 sponsible for leakage arising from an imperfection in the 
 bung of a cask intrusted to him to be carried and not caused 
 by any negligence or omission on his part;- but he is 
 liable for loss arising from leakage or breakage occasioned 
 by the gross negligence of himself and his servants, though 
 he received the goods under conditions in which it was 
 stipulated that he was not to be accountable for leakage 
 or breakage. {PhUlips v. Clarh^, 3 Jur. N. S. C. P. 407.) 
 
 In Johnson v. Midland Raihcay Company, (18 L. J. Ex. 
 366 ; 4 Ex. 367,) Parke, B., observed: — 
 
 " A carrier mav profess to carry lijjht goods only, and then he 
 cannot be com])fllc(l to carry licavy poods ; or he may say that lie 
 will caiTV from Manchester to London and not from the intermediate 
 stations, and then he cannot be made to carry goods from those 
 places ; but as soon as he lias publicly professed to carry in any 
 jiarticular manner, and so long as he docs so, he is bound to carry 
 the goods of any one, if he has room in his conveyance, and the price 
 of tlie carriage be tendered when the goo<ls are offered. Here,
 
 RECEIVING AND FORWARDING TRAFFIC. 83 
 
 however, there has been no piibHc profession on the part of the com- 
 pany that they will carry coals from INIelton Mowbray to Oakham. 
 As to the proposition that the liability arises from the statutes 
 under which the defendants are empowered to act, and that when 
 they once become carriers they are bound to carry all kinds of goods 
 from and to every station on the line, it ajjpears to me that that 
 proposition is not made out. There might have been great ground 
 for that proposition if the acts had contained a prohibition to all 
 other persons carrying on a like business on the line. But, on the 
 contrary, the acts show that the public have a right to carry goods 
 on a railway if they please. Practically, no doubt, that right has 
 been found to be useless ; we must, however, look not to the practical 
 effect, but to the meaning of the Legislature ; and I am of opinion 
 that under this Act if the company become carriers, there is no 
 obligation on them to take upon themselves the duties of carriers 
 altogether, and on every part of their line; but, they may confine 
 their carrying to any part to which they choose to limit themselves, 
 and they may afterwards relinquish the business if they please, 
 though it is not necessary to determme that pomt now, I am of 
 opinion that the 86th section of the Railway Clauses Act enables, 
 but does not compel, the company to act as carriers." 
 
 Alderson, B., also observed: — 
 
 " Section 86 appears to me to be clearly permissive. It is ad- 
 mitted to be so to a certain extent, that it does not compel the 
 company to become carriers ; but it is contended that if they have 
 once become carriers, it then imposes on them the obligation of carry- 
 ing all goods from every part of the Ime to every other part. But 
 this construction is inconsistent with section 89, which says that the 
 company shall only be liable as common carriers." 
 
 In Hare v. London and North Western Railway Com- Railway com- 
 2?amj (30 L. J. Ch. 823 ; 2 Johns and Hemm. 80) Wood, |o "b^tarfrom 
 
 V. C, said : — carrying. 
 
 " I cannot have any doubt — I felt none before in Lancaster and 
 Carlisle Railway Company v. North Western Railway Company, (2 
 K. & J. 293 ; 25 L. J. Ch. 223), that there is a power in any railway 
 company to abstain fi-om carrying at all if it thinks fit. I quite 
 agree if it becomes a carrier it must then carry for all ; it cannot 
 carry for some and refuse to carry for others. But I am quite at a 
 loss to discover any indication of intention in any of the acts that 
 they should necessarily become carriers, except for the conveyance of 
 the mails and troops which it was thought Parliament was justified 
 in imposing upon them. Tliere are two inflications very plain to the 
 contrary ; first, which is of course the highest indication, it is a
 
 84 RECEIVING AND FORWARDING TRAFFIC. 
 
 power which is oonfciTcd, and not a direction or nianthite on the part 
 of the government that they shall be carriers on the line ; secondly, 
 in what is called the Cheap Passenger Traffic Act (7 & 8 Vict. c. 85), 
 and through all those series of Acts which provide for cheap trains, 
 the provision is always that so long as they shall carry on the railway 
 thev shall have those cheap trains, indicating that it was j)robable or 
 possible that they might themselves not become carriers. I say 
 * probable' for this reason : I do not know whetlier any such arrange- 
 ment actually exists, but I can easily conceive the proprietors of 
 short lines of railway joining to other large lines, making arrange- 
 ments that tlicy should not become carriers at all, by which the 
 carrving should take ])lace totally by those larger companies ; the 
 officers of the short lines not of course contravening the intention of 
 the Legislature by resigning the management of their line, but simply 
 taking tolls under any such arrangement as they may think fit ; 
 and accordinglv, whether with foresight or not, Parliament did con- 
 template that there might be other companies starting for using 
 these lines, because in the Kailway Clauses Act there is a clause 
 (section 92) that the railway shall be free on the payment of tolls ; 
 and it was in contemi)lation probably that other companies or persons 
 might be induced, although the difficulties which are incident to the 
 thing prevented such a course being taken, to become carriers upon 
 the general line of railway." 
 
 Goods, damage In an action against a railway company for damage to 
 of; what proof ^j^^ goods Carried, it is enough for the plaintifif to prove 
 the condition and value of the goods when delivered to 
 the company, and when received by him ; and if damaged 
 in their hands, he is entitled to recover, and the fact that 
 the damage was caused by bad packing goes only to the 
 amount of damage. {Hifjginhotliam v. Great Northern 
 liaihvay Company, 2 F. and F. 795 ; Crompton, J.) In 
 a similar action for injury to casks of oil, alleged by the 
 company to have arisen from defect in the casks, it was 
 left to the jury whether it arose from such defects, and 
 whether, even if it did, the company knew or ought to 
 have known thereof, and had acted negligently in send- 
 ing them on in that state. {Cox v. London and North 
 Western liaiheay Company, 3 F. and F. 77 ; ^lellor, J.) 
 Goods, nuaUfi- Therc is no obligation on a railway carrier, whether at 
 gaitocSy. common law or under the Railway Traffic Acts, to carry 
 goods otherwise than according to their public profession.
 
 KECEIVING AND FORWARDING TRAFFIC. 85 
 
 (Oxlacle V. North Eastern Railway Company, 15 C. B. N. S. 
 
 680.) When goods aredelivered to carriers for conveyance, Goods, what 
 
 the implied contract of the carrier is safely and securely to Hv^ry o fTo 
 
 convey the goods, and within a reasonable time. {Ra- earner. 
 
 phael V. Picliford, 2 D. N. S. 916 ; 5 M. and G. 551 ; 
 
 6 Scott N. R. 478; 7 Jur. 815; 12 L. J. C. P. 176.) 
 
 The carrier is not bound to use extraordinary efforts, or Goods, deii- 
 
 - j_ 1 J. J.' very ot within 
 
 incur extra expense, m order to surmount obstructions reasonable 
 caused by the act of God, as a fall of snow. {Briddony. time. 
 Great Northern Bailway Company, 28 L. J. Ex. 51 ; 32 
 L. T. 94.) If a railway company be prevented, by an 
 unavoidable obstruction on the line, from carrying goods 
 within the usual time, and the obstruction is occasioned 
 by an accident resulting solely from the negligence of 
 another company having parliamentary running powers 
 over the line, the former is not liable to the owner of the 
 goods for damage to them caused by the delay. {Taylor 
 V. Great Northern Bailway Company, 1 L. R. 0. P. 385 ; 
 35 L. J. C. P. 210 ; 12 Jur. N. S. 372.) In the absence Goods, route 
 of an express contract, the obligation of a carrier of goods cJrrLd! 
 is to carry them according to the usual route professed 
 by him to the public, as well as to deliver them within a 
 reasonable time {Hales v. London and North Western 
 Bailway Company, 4 B. and S. <oQi); and it is no answer 
 to an action for damages arising from delay, that they 
 carried at the ordinary rate in which they conducted 
 their business. {Blalcemore v. Lancashire and Yorhshire 
 Baihvay Company, 1 F. and F. 76 ; per Byles, J.) The 
 owner of a ferry for carriages is bound to convey car- 
 riages and their contents. {Walker v. Jackson, 10 M. 
 and W. 16; 12 L. J. Ex. 165.) 
 
 Perishable articles such as fish must be forwarded in a Goods, perish- 
 reasonable time for delivery, and there must be no negli- 
 gent delay by the railway company. {Wren v. Eastern 
 Counties Baihvay Company, 1 L. T. N. S. Q. B. 5.) In 
 this case, the course of conveyance of fish from Y. to H. 
 was for a fish train to leave Y. for C, where the H. truck
 
 86 
 
 RECEIVING AND FORWARDING TRAFFIC. 
 
 Cattle, for- 
 warding of. 
 
 Goods for 
 market. 
 
 (ioods, dfdaj 
 in forwarding. 
 
 was detached, and afterwards attached to a passenger 
 train for H., which arrived at H. at 8 a.m. in time for 
 market. The railway company only charged " goods 
 fares " for the carnage of fish, and gave a '' fish consign- 
 ment note," which only stipulated for the conveyance 
 within a reasonable time. The plaintifi" had dealt with 
 the company many times previously on the above footing, 
 and invariably received his consignments of fish at 8 a.m. 
 in the morning by a passenger train. On the occasion 
 in question, the H. truck was as usual detached at C, 
 but not forwarded by the usual passenger train to H,, 
 and did not in fact arrive at H. until 11 a.m., when it was 
 too late for market. The plaintiff then refused to accept 
 the fish or the proceeds of the sale, and the company sold 
 them. It was held that the company were liable to the 
 plaintiff for the delay in delivering the fish. 
 
 So with respect to the forwarding of cattle in time for 
 market. "When railway companies, by their superinten- 
 dent at one of theii* stations, promise that cattle would be 
 forwarded in time for a particular market, and accept the 
 carriage of the cattle on that understanding, they are 
 liable for the damage caused by delay, whereby the cattle 
 were too late for market. [Broion v. Bristol and Exeter 
 Railway Company, 4 L. T. N. S. Ex. 830.) 
 
 It is essential that goods required for market on a cer- 
 tain day, such as fruit, should be forwarded with expedi- 
 tion ; and it is not a reasonable course of business for a 
 railway company to keep at their station until the follow- 
 ing morning goods intended for a certain market, marked 
 in the waybill to be " forwarded immediately." {Sharp v. 
 North Eastern Baihray Company, 14 L. T. N. S. Ex. 487.) 
 In Collard v. South Eastern Baihvay Company (30 
 L. J. Ex. 393 ; 7 H. & N. 79), the question as to delay in 
 delivering hops and their consequent deterioration gave 
 rise to a decision under the following circumstances : 
 The plaintifif sent hops in bags from Kent to London by 
 the defendants' railway for the purpose of delivery to
 
 EECEIVING AND FORWARDING TRAFFIC. 87 
 
 the vendee, a hop dealer. The hops were detained by 
 the defendants several days, and were damaged by water, 
 and the vendee refused to accept them. The plaintiff 
 dried the hops, but when fit for sale the price had fallen ; 
 moreover, the stained part of the hops deteriorated the 
 market value of the whole on the day the hops ought to 
 have been brought to market, and the day on which they 
 were afterwards brought to market, and was not confined 
 to the value of the parts actually damaged, although the 
 defendants had no notice that the hops were sent for sale 
 and not for use ; and it was also held that there was no 
 difference between a delay occasioned by the detention of 
 the hops in the hands of the carrier and the delay 
 necessary for restoring them to a marketable state when 
 delivered by the carrier in a damaged condition. 
 (See Hodges, 5th ed., p. 568.) 
 
 Companies that hold themselves out as carriers of Goods, convey- 
 goods between two places one of which is beyond the E^no-ialid"*^ °^ 
 confines of England are still subject to the common law 
 liability of carriers for hire, and are bound to accept all 
 goods which are reasonably tendered to them for con- 
 veyance between these limits. {Crouch v. London and 
 North Western Bailway Company, 14 C. B. 255 ; 7 
 Railway Cases 717; 2 C. L. E. 188; 18 Jur. 148; 23 
 L. J. C. P. 73.) 
 
 The Court of Session in Scotland has held that section Goods, convey- 
 2 of the Act of 1854 which prohibits undue or unreasonable steamboa^from 
 facilities or preferences to be given by railway and canal termination of 
 
 TT, , T company s line. 
 
 companies to particular persons did not apply to the case 
 of arrangements made by a railway company whose line 
 terminated at the sea, with a steamboat for the carriage 
 across the sea of goods and passengers brought by the 
 railway. {Napier v. Qlasgoiv and South Western Baikvay 
 Company, 4 Macph. 87 ; 38 Jur. Scot. 55.) 
 
 In this case the Lord President (McNeill) observed : — 
 
 " It seems to me tlie most reasonable thing possible that they (the 
 railway company) should make a transaction with a particular vessel.
 
 88 
 
 RECEIVING AND FORWARDINt; TRAFFIC. 
 
 Animals, con- 
 veyance of by 
 sea; liability 
 ol'compauy as 
 to. 
 
 Toll for car- 
 riage by land 
 and sea, appor- 
 tionment of. 
 
 Toll over two 
 railways 
 worked by one 
 company. 
 
 lu the fu-st place it re(iuires a special arrangement and a si»eoial 
 (livi-.ion nf the profits, and a speciid confidence in tlie vessel and in 
 the managers of the vessel, that they are to keep their time and to 
 have the vessel seaworthy and everytlung else. It is a special ar- 
 i-angenieut in reference to doing something that is ultra of the 
 statute altogether." 
 
 Section U of the '' Regulation of Railways Act, 186S/' 
 provides that : — 
 
 "Where a company by through hooking contracts to cai-ry any 
 animals, luggage, or goods from place to place partly by railway and 
 partly bv sea, or partly by canal and partly by sea, a condition 
 exempting the company from liability for any loss or damage which 
 may arise during the carriage of such animals, luggage, or goods by 
 sea fi-om the act of God, the king's enemies, fire, accidents from 
 machinery, boilers and steam, and all and every other dangers and 
 accidents of the seas, river and navigation of whatever nature and 
 kind soever, shall, if published in a conspicuous manner in the office 
 where such through booking is effected, and if jjrinted in a legible 
 manner on the receipt or freight note which the comi)any gives for 
 such animals, luggagc,or goods, be valid as part of the contract between 
 the consignor of such animals, luggage, or good.*, and the com])any, in 
 the same manner as if the company had signed and delivered to the 
 consignor a bill of lading containing such condition. For the purposes 
 of this section the word ' company ' includes the owners, lessees, or 
 managers of any canal or other inland navigation." 
 
 Section 17 of the " Regulation of Railways Act, 18G8/' 
 provides that : — 
 
 "Where any charge shall have been made by a company in 
 respect of the conveyance of goods over their railway, an application 
 in wTiting within one week after payment of the said charge made 
 to the secretary of the company by the person by or on whose 
 account the same has been paid, the company shall within fourteen 
 days render an account to the person so applying for the same, dis- 
 tinguishing how much of the said charge is for the conveyance of the 
 said goods on the railway, including therein tolls for the use of 
 the railway, for the use of carriages, and for locomotive power, and how 
 much of such charge is for loading and unloading, covering collection, 
 delivery, and for other exjienscs, but without particularizing the 
 several items of whicli the last mentioned portion of the charge may 
 consist." 
 
 Section 18 of the same Act also provides that: — 
 " ^Vhc•re two railways are worked by one company, then in the 
 calculation of tolls and charges for any distances in respect of traffic 
 (whether passenger?, animals, goods, caiTiages, or vehicles) conveyed
 
 RECEIVING AND FORWARDING TRAFFIC. 89 
 
 on botli raihvays, the distances traversed shall be reckoned con- 
 tinuously on sucli railways, as if they Averc one railway." 
 
 At common law it is open to carriers to limit their Liability, limi- 
 commou law liability by special contract with the con- gpecial^coi^ 
 signers of goods. [Feninsular and Oriental Steam Navi- tract. 
 cjation Conipany, app. Shancl, resp. 11 Jur. N. S. 771 ; 13 
 W. E. 1049 j 12 L. T. N. S. 808.) 
 
 When a carrier makes one contract for carriage, partly 
 by land and partly by water, the contract is divisible so 
 as to bring that part which applies to carriage by land 
 within 11 George 4 and 1 Will. 4 c. 68. (Le Conteur 
 V. London and South Western Baihvay Company, 1 L. E. 
 Q. B. 54; 12 Jur. N. S. 266; 35 L. J. Q. B. 40; 14 
 W. E. 80; 13 L.T.N. S. 325.) 
 
 When goods are tendered by a railway company to Goods, refusal 
 the consignee, who refuses to pay the carriage, where- signee!°'^ 
 upon the company refuse to deliver the goods, it is the 
 duty of the company to retain the goods at least for a 
 reasonable time, and dm-ing that time to await any 
 directions from, if not to communicate with, the con- 
 signee. [Crouch V. Great Western Baihvay Company, 2 
 H. & N. 491 ; 26 L. J. Ex. 418 ; 3 Jur. N. S. 796; 29 
 L. T. 354. Affirmed in the Exchequer Chamber, 3 H. 
 & N. 183 in error; 27 L. J. Ex. 345.) 
 
 When a railway company receive goods at one ter- Goods con- 
 minus to carry them to another, they are answerable for rateTOmpa^nk-s, 
 any loss that may occur between them, although it may liability for. 
 be on a line of railway that does not belong to them ; 
 and the receipt of goods so to be carried is prima facie 
 evidence of such liability. [Watson v. Ambergate, 15 
 Jur. 448, CCA.) It has been decided that delivery 
 of goods to a person who acted as agent for two railway 
 companies over whose lines the goods had to pass, is Goods, de- 
 evidence of a contract with the first company over whose aJen-[.°efl°ct 
 line the goods have to pass, to carry the whole distance, of. 
 and that that company is liable for damage to the goods 
 during the journey. [Webber v. G^-eat Western Eaihvay
 
 90 RECEIVING AND FORWARDING TRAFFIC. 
 
 Company, 3 H. & C. 771; 34 L. J. Ex. 170; 13 W. R. 
 755 ; 12 L. T. N. S. 498.) See also Bristol and Exeter 
 liailway Company y. Collins, 7 H. L. Cas. 194; 5 Jur. 
 N. S. 1367 ; 29 L. J. Ex. 41. 
 
 In the carriage of oxen the folloN^nng condition on a 
 ■svaybill was signed by a drover : — 
 
 " For the convenience of the o\^^lel• the company will receive the 
 chan'CP payable to otlier companies for conveyance of snch cattle 
 over their lines of railway ; but the company will not be subject to 
 liability for any loss, delay, ilefault, or damage arising on such other 
 railway." 
 
 The oxen had been sent to the Craven Arms Station 
 of the Shrewsbury and Hereford Railway Company, to be 
 carried to Birmingham. The railway from that station 
 to Shrewsbury belonged to that company, and the rail- 
 way thence to Birmingham to the Great Western Com- 
 pany. The drover signed the waybill containing the 
 before-quoted condition. One sum was charged for the 
 carriage, which was to be paid at Bii-mingham. The 
 oxen were placed in trucks belonging to the Great 
 Western Company, and on the arrival of the train at 
 Wolverhampton, it was found that the bottom of one of 
 the trucks was broken, and one of the oxen dead and 
 others injured. In an action against the Great Western 
 Company, it was held that the contract was with the 
 Shrewsbury and Hereford Company for the entire 
 journey, and that the Great Western Company were not 
 liable. [Coxonv. Great Western jRaihcay Company, 5 H. 
 & N. 274 ; 29 L. J. Ex. 165 ; 1 L. T. N. S. 442.) 
 
 A railway company can limit their responsibility as to 
 tion of rwpon- delivery. A condition stating that goods addressed to 
 delivUy d-. consignees resident beyond the immediate vicinity of the 
 company's goods stations, would be forwarded by public 
 carrier or otherwise as opportunity might ofi'er ; but that 
 the delivery of the goods by the company would be con- 
 sidered as complete, and the responsibility of the com- 
 pany cease, when such carriers received the goods, and 
 
 Goods, limita-
 
 RECEIVING AND FORWARDING TRAFFIC. 91 
 
 that the company would not be responsible for loss or 
 damage to goods beyond the limits of their railway, is a 
 valid condition, though the company make one entire 
 charge for the carriage from the place where the goods 
 are received to the place beyond the limits of their railway 
 where the goods are addressed. The company^s respon- 
 sibility accordingly ceases after the goods are delivered 
 to a carrier in terms of the condition. [Fowles v. Great 
 Western Railway Company, 7 Exch. 699 ; 7 Railway 
 Cases, 421 ; 17 Jur. 214 ; 22 L. J. Ex. 76.) 
 
 A railway company that accepts a parcel for carriage, Goods carried 
 part of which is by their own line, part by sea, and the uabiuty for.' 
 remainder by other lines, contract as common carriers 
 with the consignor to carry the whole distance, and con- 
 sequently are liable for damage to the goods after they 
 leave the company^s line and before delivery. It is not 
 iiUra vires for a railway company to carry beyond their 
 own line by sea or coach. [Wilhy v. West Cornwall 
 Eaihvay Comjmny, 2 H. & N. 703; 27 L. J. Ex. 181; 
 4 Jur. N. S. 284; s. c. 30 L. T. 261.) See also upon 
 a similar point Hayes v. South Wales Baihvay Comj)any, 
 9 Jr. Com. L. E. 474. 
 
 A railway company posting up in a particular station Common car- 
 a list of tolls including those taken for coal is not suf- oTcom'pany'^*^^ 
 ficient evidence of their holding themselves out to the l>eiiig. 
 public as common carriers of coal from that station. 
 {Oxlade V. North Eastern Railway Company, 9 W. R. 
 272; 3 L. T. N. S. 671, Exch.) Though this has been 
 so held, it would devolve on the company, when a 
 merchant desires to send coals from a particular station, 
 and, under the Act, complains of their failure to carry 
 them, to prove their inability from inadequate accommo- 
 dation or otherwise to comply with the request. 
 
 If a railway company are required by their special Toll, limitation 
 Act to carry, as common carriers for hire, and to afford Parfiament. 
 to all persons convejring or sending goods upon their 
 railway every reasonable facility for loading and unloading
 
 92 RECEIVING AND FORWARDING TRAFFIC. 
 
 goods, and if the Act also authorized the company for 
 carriage of goods to demand a toll not exceeding a certain 
 sum per ton per mile, they are not entitled to charge an 
 additional sum for services performed, accommodation 
 afforded, and expenses and risk incurred in and about 
 the receiving, loading, unloading and delivering the 
 goods. {Peglcr v. Monmouthshire Railway and Canal 
 Company, 4 H. & N. 644.) 
 
 Tolls, exhibi- The forfeiture imposed on a railway company by the 
 
 Hon of, provision in sec. 88 of the " Railways Clauses Consolida- 
 
 tion (Scotland) Act, 1845,^' that no tolls shall be demanded 
 or taken by the company for the use of the railway dm'ing 
 any time at which the boards with lists of tolls are not 
 exhibited, applies only to tolls for the use of the railway, 
 and not to tolls chargeable by the company as common 
 carriers for the conveyance of passengers and goods. 
 {Scottish North-Eastern Bailway Company v. Anderson, 
 1 Macph. 1056; 35 Jur. (Scot.) 541), and tolls declared 
 to be forfeited by the before-mentioned section are tolls 
 for the use of the railway by a third party, and not 
 charges by the railway company acting as common car- 
 riers. {Scottish North- Eastern Bailway Company v. An- 
 derson, 1 Macph. 1056; 35 Jur. (Scot.) 603.) 
 
 The omission on the part of a railway company to 
 comply with their Act, that they should paint on boards 
 an account of their several rates and tolls and affix them 
 upon the toll-houses or buildings at which the rates and 
 tolls should be taken, and that the company should not 
 take any rates or tolls except during the time that the 
 board should bo so affixed, does not prevent the company 
 from recovering such sums of money as they had a right 
 to charge, and that the parties who had paid them could 
 not as a result of such omission recover back such sums 
 as they had been charged. {Gorton v. Bristol and Exeter 
 Bailvay Company, 1 B. & S. 112; 7 Jur. N. S. 1234; 
 
 Tolls for goods 30 L. J. Q, B. 273 ; 9 W. R. 734.) 
 
 canal. Tf by a canal Act the company of proprietors are
 
 RECEIVING AND FORWARDING TRAFFIC. 93 
 
 entitled to demand a fixed sum for goods carried upon 
 any part of the canal, " which said respective rates should 
 be equal throughout the whole length of the said in- 
 tended canal/^ it is still competent to the company to 
 take a proportionably less toll per ton per mile for goods 
 carried a given distance (five miles) along any part 
 of the canal, than for goods carried less than that dis- 
 tance. It is also competent to the company to agree to 
 carry at a lower rate for a particular individual, in con- 
 sideration of a large guaranteed minimum toll, in order 
 to enable them to enter into a successful competition 
 with a rival line of railway. (Strich v. Su-ansea Canal 
 Company, 16 C. B. N. S. 245; 33 L. J. C. P. 240; 
 10 L. T. N. S. 260.) 
 
 By 8 & 9 Vict. c. 20, s. 97, it is provided that, if on Tolls, right of 
 demand, any person fail to pay the tolls due in respect dTaSrsell 
 of any carriage or goods, it shall be lawful for the com- for payment of. 
 pany to detain and sell all or any part of such goods 
 liable to such tolls, and out of the monies arising from 
 such sale to retain the tolls. Before the company has 
 a right to sell, it is a condition precedent that a demand 
 of the sum actually due for tolls be made. (Field v. 
 Newport, Abergavenny and Hereford Railway Company, 
 3 H. & N. 409 ; 27 L. J. Ex. 396.) See also North v. 
 London and North Western Eailway Company, 14 C. B. 
 N. 8.132; 9Jur.N. S.896; 32 L. J. C. P. 156; IIW.R. 
 624; 8 L.T.N. S. 246. 
 
 A railway company cannot, however, detain the wag- 
 gons of a third party as a lien for the default of a 
 party who had contracted with them. {North v. Great 
 Northern Railway Company, 6 Jur. IN. S. C. P. 98.) 
 The company entered into an agreement with A, for 
 the delivery to them during a certain period of a cer- 
 tain quantity of coals to be carried by them for hire 
 to be paid by A, and in his waggons; the company to 
 have the right to detain any waggons of A on certain 
 defaults on his part. In order to complete this agree-
 
 carry. 
 
 94 RECEIVING AND FORWARDING TRAFFIC. 
 
 ment A agreed with B to supply a portion of the quantity 
 of coals, to be sent on to the line in waggons which had 
 been hired for a term from A by B, but now relet for hire 
 by him to A for this purpose. A ha\dng made default, 
 the company seized and detained the waggons then on 
 the Hue, as being A^s, but they were in fact waggons 
 sent on by B under his agreement -wath A. The Court 
 of Common Pleas held the company could not retain 
 them against B. 
 Lien under With Tcspcct to general and particular lien under an 
 
 agreement to aoToement to Carry, the following point has been decided 
 in the Com-t of Exchequer (in Kinnear v. Midland Bail- 
 way Compamj, 19 L. T. N. S. 387) . The plaintiff was 
 assignee of a bankrupt colliery company, and the defen- 
 dants were carriers of goods on their line of railway from 
 their B. station, having also an establishment at D. on 
 their line, where they made and repaired their own loco- 
 motive engines, and also occasionally repaired those be- 
 longing to colliery proprietors whose works were con- 
 nected with the main line of railway. In June, 1864, 
 the defendants opened a monthly credit account with 
 the colliery company for the carriage of their goods by 
 the defendants from the B. station, upon certain written 
 conditions, the sixth of which provided that if the monthly 
 accounts were not paid in accordance \v\i\\ the specified 
 conditions the defendants were to have the right at any 
 time to detain any goods or waggons in their possession 
 by way of lien to secure the general balance owing to 
 them. In July, 18G4, a locomotive engine of the colliery 
 company used by them for taking coals and goods from 
 their works to the defendants' line at B. being out of 
 repair, it was sent by agreement to the defendants' 
 establishment at D. to be repaired by them, and was 
 drawn by the defendants from B. to D. for that purpose, 
 and a sum for such haulage was charged by the defen- 
 dants to the colliery company in the monthly account for 
 July, and was not disputed by the latter before their 
 bankruptcy. Upon the subsequent adjudication of the
 
 RECEIVING AND FORWARDING TRAFFIC. 95 
 
 colliery company as bankrupts the defendants claimed 
 to hold the locomotive engine which was then in their 
 establishment under repair^ as a security for costs and 
 also for the general balance due to them. On a special 
 case stated it was held by Kelly^ C. B. and Channell, 
 Pigottj and Cleasby, B.B., giving judgment for the plain- 
 tiff, that the terms of the sixth condition of the agreement 
 between the defendants and the colliery company, which 
 was intended merely to enlarge the rights of the defen- 
 dants as carriers, and to give them as such a right of 
 lien beyond what they would have at common law, applied 
 only to coal and such like '' goods" to be carried in the 
 ordinary way, and not to the engine in question, which 
 was delivered to the defendants, not under any contract 
 to carry, but under an agreement to repair, to which the 
 charge for haulage was incidental, and therefore that the 
 right of general lien claimed by the defendants did not 
 attach. 
 
 The Act of 1854 does not interfere with the right of a Overcharge. 
 party aggrieved by overcharge to maintain an action to 
 recover back the sums paid in excess. {Baxenclale v. 
 Eastern Counties Railway Company, 4 C. B. N. S. 63; 
 27 L. J. C. P. 137.) 
 
 As to recovery of overcharges which had been paid, 
 see Ashmole v. Wainright, 2 Q. B. 837; 2 G. & D. 217 ; 
 2 Jur. 729. 
 
 Railway companies entering into an agreement with 
 an individual, whereby the latter undertook to provide 
 all waggons, horses, &c. necessary for the carriage of 
 grain, merchandise, &c. between two towns, and to convey 
 all grain, merchandise, &c. that might be presented to 
 him for the purpose between these towns for a certain 
 sum per ton, are not liable for terminating the agree- 
 ment before the date at which it was to be mutually 
 binding. Such an agreement is unilateral, the only 
 contract on the part of the company is to pay the stipu- 
 lated price for the carriage of such goods as might be 
 presented for that purpose. [Burton v. Great Northern
 
 96 RECEIVING AND FORWARDING TRAFFIC. 
 
 Railway Company, 9 Exch. 507 ; 23 L. J. Exch. 
 184.) 
 Goods, place Although railway companies contract -with the con- 
 
 for delivery of. gig^Qj. gf goods to deliver them at a particular place, 
 they may deliver them at any place at which the con- 
 signee has ordered delivery. Though the consignor 
 may have no knowledge of the instructions given by the 
 consignee, who refuses to accept the goods, and they 
 remain at the railway station and become deteriorated in 
 value, the consignor has no right of action against the 
 company for non-delivery, as such was by order of the 
 consignee. {London and North Western Baihvay Com- 
 pany, appellants, v. Bartlett, respondent, 7 H. & N. 
 400 ; 31 L. J. Exch. 92 ; 8 Jur. N. S. 58 ; 5 L. T. N. S. 
 399.) 
 Goods, lien on, The lien which a carrier has on goods for the carriage 
 by company, money is to be exercised subject to the obligation of 
 keeping the goods for such a time in such a place as may 
 be reasonably adapted for allo^ving the consignee means 
 of taking possession of them on payment of the charge ; 
 but this is a question of fact to be decided according to 
 the peculiar circumstances. {Great Western Railway 
 Company v. Crouch, 4 Jur. N. S. Exch. 457.) 
 Carriers, Carriers who have received goods to be taken to a point 
 
 bevon^own boyond that to which their own means of conveyance 
 district. extend are liable for losses as carriers beyond that point. 
 
 {Muscharap v. Lancaster and Preston Railway Company, 
 8 M. & W. 421.) In this case Rolfe, B., observed :— 
 
 " I tliiuk the construction we are putting on the agreement is 
 not only consistent with law, but is tlie only one consistent with 
 common sense and the convenience of mankind. What I told the 
 jury was only this, that if a jiarty brings a parcel to a railway station — 
 which in this respect is just the same as a coacli-dnicc — knowing at 
 the time that the company only carry to a particular place, and if 
 the railway company receive and book it t(t aiiotlier jdace to which 
 it is directed, prima facie they undertake to carry it to that other 
 place. That wa.s my view at the trial, and nothing has occurred to 
 alter my opinion. As to the case which lias been jjut, of a passenger
 
 KECEIVING AND FORWARDING TRAFFIC. 97 
 
 injured on the line of railway beyond tliat where lie was originally 
 booked, I suppose it is put as a reductio ad absurdum ; but I do not 
 see the absurdity. If I book my place at Euston Square and pay 
 to be carried to Yoi-k, and am injured by the negligence of somebody 
 between Euston Square and York, I do not know why I am not to 
 have my remedy against the party who so contracted to carry me to 
 York. But at all events, in the case of a parcel, any other construc- 
 tion would ojien the door to mcalculable inconveniences. You book 
 a parcel, and on its being lost you are told that the carrier is 
 responsible only for one portion of the line of road. What would 
 be the answer of the owner of the goods ? ' I know that I booked 
 the parcel at the Golden Cross for Liverpool, and my contract with 
 the carrier was to take it to Liverpool.' All convenience is one 
 way, and there is no authority the other way." 
 
 A consignor has a right to direct in what way his Goods, con- 
 goods should be conveyed, and a carrier has no right to jlecT ™a^^in 
 disobey his instructions. This was decided in a case in whicii earned. 
 Ireland under the following circumstances. A. sent a 
 parcel from Belfast by the Belfast Junction Eailway 
 Company to Drogheda, carriage paid, directed, " Mr. 
 Patrick McBride, Virginia, per rail to Drogheda, thence 
 per mail car to Virginia/^ B., a common carrier, con- 
 veyed parcels from Kells station, on the Drogheda and 
 Kells Railway line, to Virginia. Notwithstanding cautions 
 from A. to both the Kells Railway Company and to B. not to 
 convey parcels directed as above, the Kells Railway Com- 
 pany and B. persisted in conveying to Virginia parcels ad- 
 dressed as above by A. Upon the refusal of A. to pay for, 
 and refusal to B. to deliver to him, a parcel brought to 
 Virginia via Kells and thence per B.'s car, the Court of 
 Exchequer in Ireland held that it was not the duty of B. 
 as a common carrier to convey the parcel in question ; that 
 B. had no lien upon the parcel for its carriage, as the 
 direction upon the parcel and the cautions given to him 
 by A. constituted express notice by A. that his parcels 
 should not be carried by that route. B. was in the 
 position of an innkeeper receiving the horses of a guest 
 of which he knows the guest is not the owner. Further, 
 the Dublin and Belfast Junction Railway Company were 
 
 H
 
 98 RECEIVING AND FORWARDING TRAFFIC. 
 
 the agents of A. for a specific purpose, viz. to forward 
 the parcel by the route directed, aud that there was no 
 privity between A. aud B. relative to the carriage of the 
 parcel. (^WaiujJt v. Denham, 10 Ir. C.L. R. 405.) 
 Goods, (Ian- By 29 <.l' 30 Yict. c. 69, the goods or article commonly 
 
 stHction/ls known as nitro-glycerine or glonoine oil are specially 
 to carria{,'e of. daugcrous, and by section 6, no carrier (including by 
 section 7 all persons or bodies of persons can-ying goods 
 or passengers for hire by land or water) shall be bound 
 to receive or cany goods which are spcciall}' dan- 
 gerous. 
 
 One who employs a carrier to carry an article of such 
 a dangerous nature as to require extraordinary care in its 
 conveyance must communicate the fact to the carrier, or 
 he will be responsible for any injury that may result to 
 the carrier or his servants from his omission to do so. 
 If, therefore, a person cause a carboy containing nitric 
 acid to be delivered to a servant of a carrier, in order 
 that it may be carried by such carrier for him, and he 
 do not take reasonable care to make the servant aware 
 that the acid is dangerous, but only informs him that it 
 is an acid, and he is burnt and injm*ed by reason of the 
 carboy bursting whilst in ignorance of its dangerous 
 character he is carrying it on his back from the carrier's 
 cart, the servant can maintain an action for damages for 
 such injury. {Farrantw. Barnes, 11 C. B. N. S. 553; 
 8 Jur. N. S. 808; 31 L. J. C. P. 137.) If a railway 
 Act state that every person who shall send or cause to 
 be sent by the railway any vitriol or other goods of a 
 dangerous quality, shall distinctly mark or state the 
 nature of such goods on the outside of the package, or 
 give notice in writing to the servant of the company with 
 whom the same ai'c left, at the time of sending, on pain 
 of forfeiting £10 for every default, or being imprisoned, 
 the sending of dangerous goods is therefore a criminal 
 offence, and therefore a guilty knowledge on the part of 
 the sender is necessary to render him liable under it.
 
 RECEIVING AND FORWARDING TRAFFIC. 09 
 
 (Eearne v. Garton, 2 El. & El. 66 ; 5 Jur. N. S. 648 ; 
 28 L. J. M. C. 16; 33 L. T. 256.) 
 
 " Public baggage, stores and arras/^ &c., sent by rail- Bag'gafje, pub- 
 way in charge of any of Her Majesty's forces, specified g.'j.' i'^o IT* f ^ *° 
 in 7 & 8 Vict. c. 85, s. 12, is " their baggage," no matter 
 what may be the disproportion between the amount of 
 baggage and the number of forces in charge of it, and 
 must be carried by a railway company at the rates imposed 
 by that section. (Attorney- General v. Great Southern and 
 Western Baihvay Company, 14 Ir. C. L. R. 447, Exch.) 
 
 Where a railway company, over whose line another Running 
 company has running powers, is empowered to make Sf^n"^^' "^''** 
 regulations as to the construction of the carriages to be 
 used on the railway, the onus lies upon the company 
 having the running powers to show that the regulations 
 are unreasonable and unnecessary. The fact of the 
 regulations having been wholly or in part relaxed in the 
 past is no reason for the Court of Chancery to interfere 
 to restrain them from being strictly enforced in the future. 
 (Bhyonney Railway Company v. Taff Vale Baihvay Com- 
 pany, 7 Jur. N. S. Ch. 202 ; 30 L. J. Ch. 482.) 
 
 The managing body of a railway company has no Traffic, fixing 
 power to enter into a contract fixing and regulating the n-aiir^of this''' 
 future traffic which may be carried on a line of railway 
 which the company may thereafter be empowered to 
 construct so as to give another railway company an 
 interest in such traffic and profits. {Midland Baihvay 
 Company v. London and North Western Bailway Com- 
 pany, L. R. 4 Ch. 524.) This was a suit instituted for 
 the purpose of having the rights and interests of the 
 plaintifl's and defendants to a sum of money in the hands 
 of the Railway Clearing House Committee ascertained 
 and declared by the Court, and for the construction by 
 the Court of an agreement dated 1st January, 185G. 
 Prior to that date there existed two main lines or routes 
 of railway, each composed of several distinct companies, 
 by which through passenger and goods traffic was booked
 
 100 RECEIVING AND FORWARDING TRAFFIC. 
 
 between London and Edinburgh. One of these main 
 lines belonged to the Midland Faihvay Company and 
 some other companies in connection with it, and the 
 other main line belonged to the North Western Baihray 
 Company and other companies who were defendants to 
 the suit. With the view of putting an end to consider- 
 able competition which existed, the companies entered 
 into the agreement of the before-mentioned date, pro- 
 viding'- that the gross revenues derived from the through 
 traffic on the two routes should be divided by the Jlaihcay 
 Clearing Bouse in the proportion dated in a schedule to 
 the ao-reement. The agreement was to continue in force 
 for fourteen years. Subsequently the plaintiffs, by carry- 
 ino- on their old line for a certain distance, and thence 
 on a new branch, and then by means of running powers 
 they had acquired over one of the defendant companies* 
 lines, acquired a new through route from London to 
 Edinhurgh, and had been booking and carrying through 
 traffic thereon ; and it was in respect of the proceeds of 
 the traffic on such new through route that the question 
 in the suit arose ; the plaintiffs, the Midland Railway 
 Company, contending that it did not come within the 
 ao-reement of 18-50, while the North Western BaiUmy 
 and connecting companies claimed under that agreement 
 to be entitled to share in it. In giving judgment, 
 Kindersley, V. C, remarked : — 
 
 " It is not easy to reconcile all the decisions on the (juestion, as 
 to what acts oi' contracts on the part of a railway company are or 
 are not ultra vires and ille<ral. But I am of opinion, though not 
 altogether free from doubt, that it would be ultra vires of the board 
 of directors of such a company to enter into a contract fixing and 
 re<Tulating the future tralhc wliich might be carried upon a line of 
 railway wliich tlie company miglit tlicreafter be cnijiowercd to con- 
 struct, an<l the prfifits of tlie traffic, so as to give to another railway 
 company an interest in such traffic and profits. There must be a 
 declaration that the profits of the traflic of the new route do not fall 
 under iho operation of the agreement."
 
 101 
 
 CHAPTER VI. 
 
 STATIONAL ARRANGEMENTS. 
 
 Questions of undue preference with respect to stational 
 arrangements have at various times arisen^ and these 
 being distinct from those in relation to conveyance of 
 traffic, it has been thought convenient to devote to them 
 a separate chapter. 
 
 Inj unctions have been obtained againstrailway companies Injunction to 
 
 ,1 I, • • ,-, • J. 1 • prevent closins 
 
 to restram them from requiring other carriers to Dring of station to "^ 
 their o-oods to the railway station at an earlier hour than carriers and 
 
 " ■' . . . not to own 
 
 they received their goods delivered at their own receiving agents. 
 office, and also to restrain the companies from admitting 
 their own vans into their stations with goods to be de- 
 spatched the same night at a later hour than those of other 
 persons. (Garton v. Bristol and Exeter Railway Company, 
 2 C. B. N. S. 639 ; 28 L. J. C. P., 306. Baxendale v. 
 London and South Western Eaihvay Company, 12 C. B. 
 N". S. 758.) These decisions were afterwards called in 
 question. {In re Palmer v. London and SoutJi. Western 
 Railway Company, 1 L. R. C. P. 588.) The complain- 
 ant in this case collected parcels and forwarded them by 
 railway ; the company refused to admit his vans into their 
 station after 6.30 p.m., but admitted their own vans and 
 those of Pickfordand Co. at a later hour with parcels which 
 they forwarded the same night. The time (6.30 p.m.) 
 fixed by the company as that after which they would not 
 receive goods to be forwarded the same night was 
 reasonable. The company in admitting their own vans 
 later acted bona Jide and not with the intention of gaining 
 an undue advantage over other collecting carriers ; they 
 admitted Pickford's vans in consequence of the injunction 
 obtained by them before referred to. It was held by
 
 102 STATIONAI, ARRANGEMENTS. 
 
 Erie, C. J., and Montague Smith, J., that the exercise of 
 the special jurisdiction by the Court being subject to no 
 review, and depending in each instance on the special 
 facts of the case, cases prex-iousl}' decided under it are not 
 binding on the Court in the same manner that precedents 
 in law are binding ; that the injunction prayed would 
 interfere with the ti-ansport of traffic, which it was the 
 object of the Legislature to facilitate ; and that it ought 
 not to be granted. Willes and Keating, J. J., held that 
 the cases of Garton and Baxendale, ante, were precedents 
 binding on the Court, and also were rightly decided, and 
 that the injunction ought to be granted. The Court 
 being thus divided, the rule dropped. The case cannot 
 therefore be deemed a precedent further than containing 
 a very able opinion of Erie, C. J., on the facts as bearing 
 on the Act. The same question again came before the 
 Court in a recent case [Palmer v. London, Brighton, ami 
 South Coast Railway Company, 6 L. R. C. P. 194) . The 
 company, with a view to compete with other carriers in 
 the collection and carriage of goods, established receiving 
 offices in various parts of London from which goods were 
 brought in vans to the railway station. The gates of 
 the station were closed against the vans of the complain- 
 ant and other carriers at 0.30. p.m., but the company^s 
 own vans were admitted at a much later hour, and the 
 goods brought by them were forwarded by the same 
 night's trains. The Court, Keating, Montague Smith, 
 and Brett, J. J., held that this was giving an undue and 
 unreasonable preference to the company's own traffic, to 
 the prejudice of the complainant ; and a rule for an in- 
 junction was made absolute with costs. The preceding 
 case of ralmer v. the London and South Western Bailway 
 Company was observed upon. No question was raised 
 in the case by the company that their arrangements were 
 made vnth a view to the necessities of the public, and that 
 there were no practicable means by which other carriers 
 could be included in these or similar arrangements, and
 
 STATIONAL ARRANGEMENTS. 
 
 103 
 
 tlie learned judges in their opinions did not express their 
 views on this point. 
 
 If railway companies publish a printed notice fixed 
 over the door of their stations for the reception of goods, 
 that all goods received after 4 o^ clock p.m. would be 
 forwarded on the next working day, and long after the 
 publication of this notice goods are brought to the 
 station about half-past 5 p.m., and the person who 
 brought them asks if there is time for the goods to 
 proceed that evening, and receiving an answer in the 
 affirmative, the goods are placed by the company's porters 
 on the trucks on which goods are carried upon the 
 railway ; and if the same person had on former occasions 
 taken similar goods at a later hour, which were never 
 refused for being too late, and which had been forwarded 
 the same evening, there is evidence to go to a jury of a 
 special conti-act by the company to forward goods on the 
 same evening on which they are delivered. {PlclifordY. 
 Grand Junction Baihvay Company, 12 M. and W. 766.) 
 
 It is neither competent to a railway company to re- 
 fuse to recognize or act upon general orders signed by 
 the consignees of goods directing the company to hand 
 over to a common carrier for delivery all goods which 
 might arrive at one of their stations addressed to such 
 consignees, nor to require the carrier to produce on 
 each occasion a special order describing the particular 
 goods which the consignees desired to have delivered to 
 them by him, no such special (or any) order being re- 
 quired from their own agent. This is ground for an 
 injunction, it being an undue and unreasonable prejudice 
 to the carrier in the conduct of his business, and an 
 undue preference and advantage to the company them- 
 selves. 
 
 Special con- 
 tract opposed 
 to a printed 
 notice, how 
 implied. 
 
 Goods, to con- 
 sig-nee's car- 
 rier, refusal to 
 deliver, incom- 
 petent. 
 
 " It was urged that great difficitlties might arise to the company 
 if they are obliged to act upon these general orders, inasmuch as 
 they would run the risk of delivering the goods to a stranger. But 
 we cannot make any distinction of persons in a case like the pre-
 
 104 STATION A L ARRANGEMENTS. 
 
 sent. The companv have no right to prefer tliemselves or any one 
 carrier to another. Besides, this is only coniphiining of what is the 
 ordinary st-.ite of thinirs." Per Willes, J. (Parkinson v. Great 
 Wester/I Railway Cuvipuni/, 6 L. 11. C'. P. 554.) 
 
 In two cases the Court of Session in Scotland gave a 
 directly contrary judgment, and decided that averments 
 in a petition under the Act of 1854, that a railway com- 
 pany refused to give effect to general orders left with. 
 them to deliver goods arriving at their stations by a 
 particular carrier and that the company refused to hand 
 over goods for delivery by a particular carrier, to whose 
 care they were addressed, were not relevant allegations 
 of a contravention of the second section of the Act, and 
 therefore not sufficient to warrant the summary pro- 
 cedure provided for in the Act. [Wannan v. Scottish 
 Central Eaihcay Company, 2 Macph. 1373 ; 38 Jur. (Scot.) 
 404.) In this case the complainant was a carrier, and 
 the railway company did not deliver goods addressed to 
 various persons in Perth and %'icinity, though these 
 were marked " per "VVannan, Carrier," but delivered 
 them to a firm of carriers who acted as the company's 
 agents. 
 
 The second case was that of a railway company who 
 employed agents for delivering in a large town in Scot- 
 land goods brought by the railway to the parties to 
 whom they were addressed, and arranged Mathin the 
 station the goods to be delivered by these agents, and 
 afforded to them other facilities in the use thereof. The 
 Court of Session in Scotland held that the company, in 
 refusing to give the same advantages to carriers to 
 whom goods were consigned, were not guilty of a con- 
 travention of the provisions of the Act against the 
 granting of undue preference to traders, the agents of 
 the railway company being servants of the company and 
 not traders. (Picltford v. Caledonian Eaihvay Company, 
 4 Macph. 755 ; 38 Jur. (Scot.) 309.) In this case it 
 was. also decided that a railway company receiving from
 
 station, quare. 
 
 STATIUNAL AKKANGEMENTS. 105 
 
 another railway company goods addressed by the sender 
 to A. B., Argyll Street, Glasgow, is not bound to regard 
 markings by the latter company in the waybill or in- 
 voice as to the carriers to be employed in the delivery. 
 
 An important question upon which the Commissioners Power of rail- 
 may be required to adjudicate remains undecided, viz. : ^Tt land*"^ 
 Can a railway company having land adjoining one of adjoining a 
 their stations, let the whole or a great part of it to a coal 
 merchant, who may not require or use the whole of the 
 land, for the purpose of storing coal brought by their line 
 to the exclusion of other merchants ; and does this matter 
 come within the provisions of the Traffic Act ? This point 
 was raised [West v. London and NortJi-Western Bailivay 
 Company, 5 L. R. C. P. 622) , and the Court being equally 
 divided, the rule obtained by the complainants dropped. 
 
 The company having land adjoining their station at 
 Lubenham, allowed the complainants for some time to 
 store coal in the usual way upon parts of it marked out by 
 the company's officers for that purpose. Afterwards the 
 company let the whole of the land to another coal mer- 
 chant for the purpose of storing coal brought by their 
 line. It appeared he did not require or actually use the 
 whole of the land for this purpose. The complainants 
 applied to the company to provide them on similar terms 
 with land for storing coal, or to let them the part of the 
 land not actually used by the other merchant. The 
 company refused to do so. The complainants then ap- 
 plied to the Court for an order compelling the company 
 to desist from allowing the rival merchant to store coals 
 on the land or to give similar facilities to them. Bovill, 
 C. J. (with whom Keating, J., concurred), was of opinion 
 that the space of ground used for deposit of coals at the 
 station must be considered a part of the railway within 
 the meaning of the Act, and that the wharf accommoda- 
 tion to coal dealers is not only an usual, and ordinary 
 and reasonable accommodation for the coal traffic coming 
 to the railway, but that it is in fact so necessary, that
 
 lOG STATIONAL ARRANGEMENTS. 
 
 without it the trade iu coal and the traffic in coal on the 
 railway cannot practically and commercially be earned 
 on. That the company had no right to grant greater 
 facilities to a particular trader than to the complainants, 
 and that they ought to be restrained from doing so. 
 Montague Smith, J. (\\'ith whom Brett, J., concurred), 
 was of opinion that the Court had no jurisdiction under 
 the Act to entertain the complainants' application. That 
 what the complainants wanted from the company had 
 nothing whatever to do with the conveyance and 
 transport of the coal, or ^vith any facilities or accommo- 
 dation relating to conveyance and transport. That what 
 they really wanted was the company to provide them 
 with a wharf or store where they might sell their coal 
 when and as they please. That the second section enacts 
 that a company shall afford " all reasonable facilities for 
 the rcccivinrj, and forirarding, and Jcliverinr/ traffic upon 
 and from their railways." And the enactments with 
 respect to undue or unreasonable preference must bo 
 construed to apply to undue preference or undue pre- 
 judice in matters incidental to the conveyance of traffic, 
 and to facilities for receiving, forwarding and delivering 
 such traffic. That the complaint did not relate to the 
 conveyance of the coal or to the recei^nng, forwarding, 
 or delivering of it, and the Court had no jurisdiction 
 under the Act to deal with the complaint in question. 
 That if the Court were to extend its jurisdiction to 
 things beyond those which relate to the conveyance of 
 traffic, it would exceed the authority conferred on it by 
 the Act, and it might then be asked to extend its inter- 
 ference to various matters not at all contemplated by it, 
 such as the arrangements respecting refreshment-rooms, 
 book-stalls and other like matters. 
 
 The opinions of the learned judges are worthy of con- 
 sideration, and it is to be regretted no definite decision 
 ,^ ., was obtained on the point. 
 
 Omnibus at . 
 
 station. Arrangements witli respect to omnibuses at stations
 
 STATKKNAL AIMJANGEMENTS. 107 
 
 come under the provisions of tlic Act. An omnibus pro- 
 prietor wlio carries passengers and their luggage to and 
 from a railway station cannot maintain an action against 
 the company for refusing to allow him to drive his vehicle 
 into the station-yard. {Barlitrv. Midland Ba'dway Comi- 
 pany, 18 C. B. 46; 25 L. J. C. P. 184.) This was an 
 ordinary action, and was not brought under the provisions 
 of the Act. There was no allegation on the part of the 
 plaintifl" that any other omnibus proprietor obtained an 
 undue preference over him, and the judgment of the 
 Court proceeded on the ground that the plaintiff had no 
 intention to use the railway, and therefore experienced 
 no obstruction. Further, he merely desired that other 
 persons should use the railway, which gave him no right 
 of action. 
 
 The Court, however, interfered where a railway com- 
 pany made arrangements at one of their stations with the 
 proprietor of an omnibus running between the station 
 and a town, to provide omnibus accommodation for all 
 passengers by any of their trains to and from the town, 
 and allowed him the exclusive privilege of driving his 
 vehicle into the station-yard for the purpose of taking-up 
 and setting down passengers at the door of the booking- 
 office; and held that, in the absence of special circum- 
 stances showing it to be reasonable, the granting of such 
 exclusive privilege to one proprietor and refusing to grant 
 the like facilities to another, who also brought passengers 
 from the same place, as well as from other places beyond, 
 was a breach of the prohibition against the granting of 
 undue and unreasonable preferences contained in the Act. 
 {Re Marriott v. London and North Western Eaihcay Com- 
 pany, 1 C. B. N. S. 499 ; 3 Jur. N. S. 493 ; s. c. 28 
 L. T. 305; 26 L.J. C. P. 154.) 
 
 To obtain an injunction with respect to the arrange- Cabs, &c., at 
 ments of public vehicles at stations, the complainant must 
 make out a public inconvenience. {Be Beadell v. Eastern 
 Counties Baihcay Company, 26 L. J. C. P. 250; 2 C. B. 
 
 stations.
 
 108 STATIONAL ARRANGEMENTS. 
 
 N. S. 509.) In this case the company made arrange- 
 ments with a cab proprietor whereby they gave him the 
 exclusive right to have his cabs standing at their station 
 and plying there. Another cab pi'oprietor, who had been 
 refused leave for his cabs to stand and ply at the station, 
 applied for an injunction, which was refused on the ground 
 just stated. The case of Marriott, ante (107) , was distin- 
 guished from it by the Court in its judgment. 
 
 Following this case, a decision was pronounced re- 
 fusing an application for an injunction to remove a restric- 
 tion on certain complainants plying for hire with their 
 carriages within the station of a railway company ; Bovill, 
 C. J., obser\ang that it was much for the convenience of 
 the public that railway companies should make arrange- 
 ments for the attendance of a sufficient number of carriages 
 for the conveyance of passengers arriving at their stations, 
 whether in town or country; that if every one indis- 
 criminately might bring his carriages for that purpose, 
 it would give rise to great confusion and obstruction; 
 that in all these cases therefore it must be clearly shown 
 that the course complained of occasioned inconvenience 
 to the public which was not proved by the affidavits pro- 
 duced ; and that regard must be had to the general con- 
 venience of the public rather than to the wishes or interests 
 of individual job-masters. Alluding to Marriott's case, 
 ante, Willes, J., said, that that decision had been explained 
 {in re Beaddl v. Eastern Counties Baihcay Company) 
 in the way put by the Chief Justice. {In re Ilfracomhe 
 Public Conveyance Com/Kiny v. London and SoutJi Western 
 Railway Company, W. N. 18G8, p. 289.) 
 
 The Court refused to grant a writ of injunction against 
 a company (who had granted exclusive right to a limited 
 number of lly proprietors to ply for hire within their 
 station) at the instance of a fly proprietor whose vehicles 
 wore excluded from the station-yard, although it was 
 sworn by the complainant and by several other fly pro- 
 prietors, who wore likewise excluded, that occasional
 
 STATIONAL ARRANGEMENTS. 109 
 
 delay and inconvenience resulted to the public from the 
 course pursued. {lie Painter v. London, Brighton, and 
 South Coast Baihmy Company, 2 C. B. N. S. 702.) 
 It is impossible to lay down any fixed rule that can be 
 applied to the admission of vehicles to station-yards. 
 It is clear that a strong case of public inconvenience and 
 undue preference to entitle a complainant to redress must 
 be made out. Bach case must naturally depend upon its 
 own particular circumstances^ and a very slight difference 
 between one case and another may give rise to entirely 
 opposite decisions. 
 
 While the regulation of book-stalls at stations, as inti- Book-stalls, 
 mated by Montague Smith, J. (in West v. London and 
 North-Western Railway, ante), is not a matter to be dealt 
 with under the Act, yet certain questions as to the for- 
 warding of books and newspapers to and from stalls 
 along the line onay be a subject for adjudication by the 
 Commissioners. (See Holmes v. Eastern Counties Raihvay 
 Company, 3 Jur. N. S. Ch. 737 ; 29 L. T. 311 ; 3 Kay 
 and John. 675.) In this case it is possible a portion of 
 the complaint against the company might have been 
 remedied by proceeding under the Act, but it was 
 naturally brought before the Court of Chancery, as it 
 involved other matters with which the Common Law 
 Courts could not interfere. 
 
 As to the duty of companies to make provision for Live stock, 
 the safety of live stock at their stations, it was decided at stations for. 
 that a railway company carrying live animals is not 
 bound to provide fences or guards at the station where 
 the animals may be landed, between the line and the 
 -station-yard, so as to prevent them straying on to the 
 line. (Roberts Y. Great Western Bailway Company, 4 Jm\ 
 N. S. 1240 ; 4 C. B. N. S. 506 ; 27 L. J. C. P. 266.) With 
 respect to the common law liability of railway companies, 
 as carriers, extending to live stock conveyed by them, see 
 McManus v. Lancashire and Yorlishire Railway Company, 
 2 H. & N. 693; 4 Jur. N. S. 144; 27 L. J. Ex. 201.
 
 no 
 
 STATIONAL ARRANGEMENTS. 
 
 Spocific 
 performance 
 ujvolving per- 
 sonal service 
 not enforced 
 by Court of 
 Chancery. 
 
 The Railway Clauses Act, 8 & 9 Vict. c. 20, s. 80, does 
 not impose on railjj-ay companies, acting as carriers, any 
 further liabilities than those which attached to common 
 carriers. Therefore, although a company carry coals 
 and other goods for hire from one end of their line to 
 the other, and carry goods other than coals from an inter- 
 mediate station, they are not bound to carry coals from 
 that station unless they have publicly professed to do so ; 
 and even if they have held themselves out as carriers of 
 coals from that station, no action for refusing to carry 
 coals from it will lie, unless it is shown that the company 
 have conveniences at the station for receiving and car- 
 rying the coals. (Johnson v. Midland JRaihcay Com- 
 imwj, 6 Railw. Cas. Gl, 4 Exch. 3G7 ; 18 L. J. Exch. 
 366.) 
 
 In CJiapUn v. North Western Baihcay Company (5 L.T. 
 N. S. Ch. 601), it appeared that an agreement had been 
 entered into between the plaintiffs, who were carriers, 
 and the company, by which, for certain considerations, 
 certain duties were to be performed by the former in 
 loading and unloading goods at the termini of the railway. 
 It was thereby '' declared and understood between the 
 parties thereto that it was not the intention of the com- 
 pany to take such duties into their own hands unless 
 their interests should appear to them absolutely so to 
 require, in consequence of such duties not having been 
 performed satisfactorily by the carriers or by the servants 
 under their control." The company caine to a resolution 
 " that the present system of dealing with the goods traffic 
 inside the and other London stations was un- 
 satisfactory, and that the interests of the company 
 require that the loading and unloading of the goods 
 traffic in such stations should be performed by the com- 
 pany themselves," and the Court of Chancery hold that 
 it could not interfere by injunction to restrain the com- 
 pany from acting up to their resolution — the agreement 
 involving personal service, and as such being one of
 
 STATIONAL ARRANGEMENTS. Ill 
 
 whicli the Court was not in the habit of granting decree 
 for specific performances. 
 
 A terminal station was jointly possessed by the Edin- Terminal 
 burgh and Glasgow Railway Company and the North possession of. 
 British Railway Company. The former entered into an 
 agreement with a third company having a terminal 
 station of its own^ by which it was proposed to introduce 
 its passenger traffic into the joint station^ and with that 
 view a junction of the two lines of railway was proceeded 
 with. In an application for interdict at the instance of 
 the latter company against this agreement being carried 
 into efl^ect^ the Court of Session in Scotland held that 
 this introduction at the threshold of the joint station 
 of the trafiic of a third railway^ although for a short 
 distance it passed along the line of one of the co-pro- 
 prietors of that station^ could not be considered as the 
 introduction of traffic fairly communicated to that line, 
 but was a colourable attempt to give the third company 
 the use and benefit of the joint station, which a co-pro- 
 prietor had a right to resist. [North British Bailway 
 Company, v. JEdinburgh and Olasgoiv Railway Company, 
 16 D. 250 ; 26 Jur. (Scot.) 99.) 
 
 In the London and North Western Bailway Company Station, an 
 V. Lancashire and Yorkshire Baihvay Company (L. R. 
 4 Ch. 174 ; 36 L. J. Ch. 479), a bill was filed to restrain 
 a railway company from placing an obstruction partly on 
 a public footway and partly on land belonging to the 
 plaintiffs, a rival railway company, so as to block up the 
 access to a station of the plaintiffs, and alleged that the 
 injury to the traffic by allowing the obstruction to re- 
 main would be irreparable, and that the act was done 
 without any colour of title by the defendants. Wood 
 V. C. held that this was one of the exceptional cases in 
 which the Court would interfere to restrain a trespass by 
 a stranger, and a demurrer made by the defendants was 
 overruled. 
 
 A railway station is private property, and is not such property.
 
 112 STATIONAL ARRANGEMENTS. 
 
 a street or place as that persons can insist on the driver of 
 a hackney carriage taking them for hire. {Case v. Storey, 
 L. R. 4 Exch. 319 J 38 L. J. M. C. 113 ; 20 L. T. N. S. 
 618.) In this case a cab was admitted witliin the station 
 of the Great Northern Railway Company at King's Cross, 
 for the purpose of taking up persons arri\4ng by the 
 train ; one of the public who had not so arrived, entered 
 the station and claimed to hire the carriage ; the driver 
 having refused to take him, was held to be guilty of no 
 offence under the Acts relating to hackney carriages, the 
 provisions of those Acts which make it compulsory on a 
 driver to be hired only referring to cabs plying for hire 
 in streets or places where the public at large have a 
 right to go, and the station of the railway was not such 
 a street or place, but private property. Kelly, C. B., 
 remarked : — 
 
 " In one sense these cabs are undoubtedly Inlying for hire, but 
 ihey are not so plyuig in a general sense, but only to such an 
 extent and subject to such regulations as the license given them by 
 the railway company may admit." 
 
 The same learned judge further remarked : — 
 
 " It is clear to me that railway stations are not either public 
 streets or public roads. They are private property ; and although 
 it is true they are ])laces of public resort, that does not of itself 
 make them puljlic places. The public only resort there on railway 
 business, and the railway company might exclude them at any 
 moment they liked, except when a train was actually arriving or 
 departing." 
 
 Station master, The rule that whcrc a person does an act by command 
 iiabinty*of° ^^ another, ho is not responsible for consequences, if 
 
 company for it. is douc within the scope of his authority, only holds 
 act of. . J ' „ 
 
 good where the act is such that the superior would have 
 
 been justified in doing it himself. If therefore a station- 
 master arrest a passenger under the erroneous belief 
 that he had not paid for the conveyance of a liorse which 
 he had with him, the company are not responsible, and 
 the remedy is against the station-master. (Poulfon v.
 
 STATIONAL ARRANGEMENTS. 
 
 113 
 
 London and South Western Baihvay Company, 8 B. and 
 S. 616; 36 L. J. Q. B. 294; 16 W. R. 309. See also 
 Roe V. Birkenhead Railway Company, 21 L. J. Exch. 9 ; 
 6 Railw. Cas. 795 ; 7 Excli. 36.)
 
 Hi 
 
 CHAPTER VII. 
 
 PARCELS. 
 
 Equal rates of 
 carriage, no 
 liability at 
 common law 
 to charge. 
 
 Parcel.*, car- 
 rier to in(iuire 
 as to contents 
 of. 
 
 Parcels of cer- 
 tain wciofht, 
 special Acts 
 aa to. 
 
 In dealing vrith undue preference generall}', no descrip- 
 tion of traffic has occasioned more questions for decision 
 than that of parcels^ and a separate chapter is therefore 
 now devoted to the subject. 
 
 Though limited to a reasonable charge, there is no 
 common law obligation on a carrier to charge equal rates 
 of carriage to all his customers. [BaxcndaJe v. Eastern 
 Counties Eaihvay Company, 4C. B. N. S. 63; 27 L. J. 
 C. P. 137.) 
 
 A carrier receiving a parcel to be carried ought to 
 inquire as to its contents, and if nothing is done by the 
 party delivering it to deceive him or to give the trans- 
 action a false complexion, he is answerable for the parcel 
 (Walker v. Jackson, 10 M. & W. 16 ; 12 L. J. Exch. 1 65), 
 but a carrier lias no general right in all cases to inquire 
 and be informed of the contents of a parcel tendered to 
 him to be carried. {Crouch v. London and North Western 
 Ba'dvay Company, 14 C. B. 255; Railw. Cas. 717; 
 18 Jur. 148 ; 23 L. J. C. P. 73.) 
 
 By special Acts a railway company were entitled to 
 charge for goods can-icd on their line at rates not exceed- 
 ing certain rates per ton. They wore permitted to charge 
 a higher rate for parcels not exceeding 500 lbs. weight, 
 pro\nded that " articles sent in large aggregate quantities, 
 although made up of separate parcels, such as bags of 
 sugar, coffee, meal, and the like, shall not be deemed 
 small parcels ; but such terms should apply only to single 
 parcels in separate packages. '* A carrier sent to the 
 company at once many packages (all consigned to one
 
 PARCELS. 115 
 
 consignee^ each less than 500 lbs.) of articles of similar 
 classes^ but not being- separate packages of one article; 
 the company charged for them as separate parcels, and 
 they were held justified in so doing, the proviso applying 
 only to articles that were of such a nature that a large 
 quantity was generally made up in separate parcels. 
 The same carrier also sent a parcel of coffee less than 
 500 lbs. weight ; and afterwards, on the same day, another 
 parcel of coflFee, both consigned to himself and for the 
 same train. When the first was left, notice was given 
 that he would probably send more, but it was not 
 received on any special terms. The company charged 
 for them as separate parcels, and they were also held 
 justified in so doing. {Parher v. Great Western Baihvay 
 Company, 6 E. & B. 77 ; 25 L. J. Q. B. 209; 11 C. B. 
 545; 2 Jur. N. S. Q. B. 325; 27 L. T. 75.) In the Collections 
 same case it appeared that the company agreed with additional 
 agents to collect and deliver goods for them, charging charge for, 
 the public a small sum for so doing in addition to the 
 charge for conveyance on the railway ; to those agents 
 the company allowed in addition a sum out of the re- 
 ceipts of the company. The plaintiff, who collected and 
 delivered his own parcels, but was charged as highly as 
 the rest of the public, complained that in effect this 
 arrangement caused his goods to be charged higher than 
 those sent through the agents, and that the difference 
 was an overcharge. By their Act the company were to 
 charge all persons equally for conveyance, but there was 
 a proviso that they might make agreements as to the 
 collection and delivery of merchandise : and there was an 
 appeal given by the Act to the sessions by any one pre- 
 judiced by any arrangement giving special facilities to 
 others. It was held that under these enactments the 
 agreement with the agents, against which there had been 
 no appeal, did not render the charges to the plaintiff 
 overcharges. 
 
 In a dispute between the same parties the plaintiff was
 
 IK) 
 
 l-AKCELS. 
 
 LoadiiifT, iXc, 
 of g't.ioils, de- 
 duction for 
 when allowed. 
 
 f'onsipnor and 
 consij^nees, 
 carrier not 
 bound to give 
 ijHines of. 
 
 found entitled to a deduction given to other carriers for 
 the loading, &c., of goods. The company were authorized 
 to make rates and tolls for goods and passengers con- 
 veyed by others than the company along the railway, 
 and which should be reasonable and equal to all persons ; 
 and by a subsequent Act the charges for the carriage 
 of any passengers, goods, &c., to be conveyed by the 
 company, or for the use of any power supplied by them, 
 should be at all times charged equally to all persons, and 
 after the same rate per mile or per ton per mile in 
 respect of all passengers and of all goods of a like de- 
 scription to be conveyed by a like carriage on the same 
 portion of the line ; and no reduction or advance in any 
 charge for conveyance or for the use of any locomotive 
 power to be supplied by the company should be made 
 either directly or indirectly in favour of or against any 
 particular company or persons travelling upon or using 
 the same portion of the railway. The company always 
 charged the public for the carriage of goods at a rate 
 specified, and for such charge performed the duties of 
 the loading, &c., of the goods ; but by a general arrange- 
 ment with carriers, the latter performed those duties, 
 and were allowed by the company a deduction of 10 per 
 cent, from the charges made to the public (this being a 
 reasonable equivalent) ; the company having, in conse- 
 quence of a disagreement, refused to make this deduction 
 to a earner \villiEg to perform, and in fact performing all 
 the duties performed by the other carriers, it was held 
 that they were not justified in their refusal. [Farlicr v. 
 Great Western liailu-ay Conqmiiy, 7 M. &G. 253 ; 7 Scott 
 N. R. 835; 8 Jur. 194; 13 L. J. C. P. 105.) In the 
 same case it was also decided that, if the company mado 
 an allowance to other carriers for the collection and de- 
 livery of ])arcels, they were bound to make the same 
 allowance to tlie plaintiff, wlio also collected for himself. 
 Further, that should the company make an allow^ance to 
 carriers in cases where they disclosed the names of the
 
 PARCELS. 117 
 
 consignors and consignees of the goods^ they were not 
 justified in withholding from a carrier who refused to 
 make such disclosure any allowance to which he would 
 otherwise have been entitled. If any of the public as a 
 consignor (not being a carrier) brought several packages 
 of goods addressed to different consignees and paid the 
 charge_, or if several of the public brought several 
 packages addressed to one consignee (not being a carrier) Charges for 
 who paid the carriage^ the company charged upon the must be same 
 weight of the aggregate only : but if under the same *° p^bhc as to 
 
 D oo o J ' ^ ^ carriers. 
 
 circumstances a carrier acted as consignor or consignee 
 of goods^ and the company charged separately for each 
 package^ the company were not justified in making this 
 distinction between carriers and the public. {Parker v. 
 Great Western Baihvay Company, ante.) 
 
 The North Devon Railway Company adopted and Parcels for- 
 published a regulation under which goods of a certain agents specified 
 description called '^ Manchester packs /^ if forwarded ^^ company 
 
 ^ J^ •' _ must not be 
 
 through specified agents at Manchester and Bristol^ would carried at 
 be carried cheaper than if sent direct in the usual manner *^ ^^^^^ 
 or through other agents. The Court granted an in- 
 junction enjoining them to charge the same rate for the 
 carriage of the " Manchester packs " over their line as they 
 charged for the like goods under any circumstances and 
 by whomsoever they might be forwarded. [Baxendale v. 
 North Devon Railway Company, 30 L. T. C. P. 154; 
 3 C. B. N". S. 324.) 
 
 A railway company by an Act of Parliament was 
 empowered to charge for the carriage of parcels^ and, 
 by a subsequent Act amending the former Act, was 
 authorized to charge at so much per ton per mile. The 
 provisions of the latter Act were held to override those 
 of the former, so far as concerned parcels exceeding 
 600 lbs. in weight, but not as to parcels below that 
 weight. The company obliged parties to pay more than 
 the maximum amount allowed by the latter Act ; and 
 it was also held that the excess paid on all parcels
 
 118 
 
 PARCELS. 
 
 Parcels, not 
 conij)ett'nt to 
 make com- 
 pulsory a 
 charfie for de- 
 livery of. 
 
 Manufactiiri'd 
 poods, cxpla- 
 natioD of term 
 
 exceeding 500 lbs. in weight might be recovered back 
 by such parties. {Garton v. Bristol and Exeter liailway 
 Compain/, 1 B. & S. 112; 7 Jur. N. S. 1234; 30 L. J. 
 Q. B.273; 9 W. R. 734.) 
 
 A leading case {Baxendale v. Great Western Bailwaij 
 Company, 14 C. B. N. S. 1 ; 9 Jur. N. S. 1174; 32 
 L. J. C. P. 225 ; 8 L. T. N. S. 833. Affirmed on appeal, 
 16 C. B. N. S. 137 ; 10 Jur. N. S. 496 ; 33 L. J. C. P. 197 ; 
 12 W. R. 002 ; 9 L. T. N. S. 814. Exch. Cham.) settles 
 an important question as to equality of charges. The 
 company were entitled to charge for goods carried along 
 the line such sum as they should think expedient, not 
 exceeding the sum limited by former Acts, and provided 
 that in whatever way the charges were made they should 
 be made equally to all persons, and that it should be lawful 
 for the company to enter into such arrangements as 
 they should think fit with reference to the collection and 
 delivery of goods, and upon such terms as the company 
 and such parties respectively might be willing to accept 
 and abide by. By a subsequent Act the company might 
 demand for the carriage of small parcels, i. e. parcels not 
 exceeding 500 lbs. weight each, any sum which they 
 thought fit. The company having been in the habit of 
 allowing a rebate in their charge for the conveyance of 
 goods along their line when the goods were brought to 
 or received at their stations, issued a notice that for 
 parcels under 500 lbs. weight they would no longer make 
 the usual allowance, and they then charged the through 
 rate as if the goods had been collected and dehvered by 
 themselves. The Court held that the company were 
 not entitled to charge parties who brought their goods 
 to and received them at the different stations the same 
 rate that was charged to others not so bringing and 
 ^ecei^nng their goods. 
 
 When a company are entitled to charge a certain 
 rate " for all cotton and other wools, drugs, and manu- 
 factured goods," this means not all goods on which human
 
 PARCELS. 119 
 
 skill was employed, but those articles made in what are, 
 in popular language, manufactories. {Parher v. Great 
 Western Bailway Company, ante p. 115.) 
 
 A railway company has no right to open a hamper Parcels en- 
 to ascertain whether it contains parcels addressed to hamper, 
 diflferent persons, and if one of these parcels be abstracted 
 or lost in the course of the journey the company is 
 responsible for its value to the consignor, as he was 
 liable to the party to whom it was addressed. {Crouch 
 V. London and North Western Raikvay Company, 2 C. 
 & K. 789, Wilde.) 
 
 If a railway company be empowered to charge for the Small parcels 
 carriage of small parcels any sum which they may think charged for 
 fit, they are bound to charge the public alike, and the equally, 
 fact of a party using the line being a common carrier 
 does not justify the company in charging him more than 
 the rest of the public, although the company might 
 charge for packed parcels at a higher rate than an 
 ordinary package. {Crouch v. Great Northern Railway 
 Company, 9 Exch. 556; 23 L. J. Ex. 148; 7 Eailw. 
 Cas. 787.) 
 
 If any of the public as a consignor, not being a 
 carrier, bring several packages of goods addressed to 
 different consignees and pay the charge, or if several of 
 the public bring several packages addressed to one con- 
 signee (not being a carrier) , who pays the carriage, and 
 the company charge upon the weight of the aggregate 
 only ; but if, under the same circumstances, a carrier acts 
 as consignor or consignee of goods, and the company 
 charge separately for each package, it has been held (in 
 the case of Crouch before referred to) that they are not 
 justified in making this distinction between carriers and 
 other members of the public. (See Baxendale v. London 
 and South Western Railway Company, 4 H. & C. 130 ; 
 35 L. J. Ex. 108; 1 L. E. Ex. 137.) 
 
 A railway company cannot, in addition to the charge 
 for the carriage of goods between the place where the
 
 120 PARCELS. 
 
 goods are handed to them and the place where they are 
 ordered to be delivered, charge for collection and delivery 
 where they have not in fact collected or delivered the 
 goods. Such charges, if imposed and paid under pro- 
 test, may be recovered back. {Garton v, BristoJ and 
 Exeter Railway Company, 1 E. B. & S. 112 ; 7 Jur. N. S. 
 1234; 30 L. J. Q. B. 273; 9 W. R. 734. See also 
 Baxendale v. Eastern Counties Raihcay Company, 27 
 L. J. C. P. 137 ; 30 L. T. 330; 4 C. B. N. S. 63.) 
 
 The Com't of Common Pleas {dlssentiente Erie, C. J.) 
 decided that a railway company are bound to charge 
 equally, and cannot lawfully demand for the carriage of 
 parcels from station to station a sum which shall include 
 the cost of collection and delivery, and so impose an 
 unequal burden on those who do not require the per- 
 formance of this latter service at their hands. {Baxen- 
 dale V. Great Western Raihcay Company, 14 C. B. N. S. 
 1 ; 8 L. T. N. S. 833 ; 28 L. J. C. P. 81 ; 4 Jur. N. S. 
 1279; 32 L. T. C. P. 129.) This decision was affirmed 
 in error (9 L. T. N. S. C. P. 814.) The same principle 
 was also affirmed in Garton v. Great Western Raihcay 
 Company, 5 C. B. N. S. 669 ; 5 Jur. N. S. 685. 
 Charffps ex- A Carrier who is charged higher rates than those to 
 
 grounds for other persons cannot recover the sums paid in excess on 
 r.'covery of. ^^q o;round simply that the charges made by the com- 
 pany were unequal ; but if the company is in the habit 
 of charging certain rates upon the aggregate weight of 
 parcels containing the same kind of goods, and brought 
 at one time by any one of the public not being a common 
 carrier, and when common carriers send a number of 
 such packages in one parcel addressed to another carrier, 
 but each of such packages addressed separately to the 
 person to whom it was to be scut, the company cannot 
 insist upon charging for each parcel separately, and the 
 amount so improperly charged may be recovered. 
 Further, if the company, sometimes intentionally and 
 sometimes by mistake, charge heavier rates than were set
 
 PARCELS. 121 
 
 out in the bills published by them, the exbess paid can 
 be recovered. {Garton v. Bristol and Exeter Railway 
 Company, ante.) 
 
 By the 171st section of 5 & 6 Will. IV. c. 107, the 
 Great Western Railway Company were authorized to fix 
 the sum to be charged in respect of small parcels (not 
 exceeding 500 lbs. weight), this provision not to extend 
 to articles sent in large aggregate quantities, although 
 made up of separate and distinct parcels, such as bags of 
 sugar, coffee, &c., but only to single parcels unconnected 
 with parcels of a like nature which might be sent on the 
 railway at the same time. The company issued " scale 
 bills,^^ specifying in classes the charges to be made for 
 carriage, each class containing various kinds of goods. Parcels, what 
 and at the end a " miscellaneous class," comprising goods "o^be'charo^ed 
 " not being aggregate of one class or kind," for which a for as. 
 higher tonnage rate was exacted, and also an additional 
 charge of 2d. per package. It was held by the Court of 
 Common Pleas that the company were not justified in 
 charging under the " miscellaneous class " goods that 
 were aggregate of several kinds but all contained in one 
 class. Also that the carrier who brought the goods and 
 received them from the company at the end of the 
 journey was to be treated as the consignee, without 
 reference to the ultimate destination of the goods. Also Loading- and 
 that the carrier was not entitled to any allowance in rier not entitled 
 respect of assistance in the loading, unloading, or weigh- *? ^^^^^r^t^Hi 
 ing given by his men to the company voluntarily or for assisting in. 
 the carrier's own convenience. {Edwards v. Great 
 Western Railway Company, 11 C. B. 588.) 
 
 A charge of 50 per cent, in addition to the usual rate Dangerous 
 for the highest description of goods made to carriers for chai-'^e for. 
 packed parcels which contain articles of a dangerous 
 character is an unequal charge. (Bristol and Exeter 
 Railway Company v. Garton, 4 H. & N. 33 ; 5 Jur. N. S. 
 1172 ; 28 L. J. Exch. 169, Exch. Cham.) 
 
 Though a railway company cannot legally charge a
 
 122 PARCELS. 
 
 Packpii par- greater sum for the carriage of a package containing 
 eels, reiu-sal to g^jy^^p^l parcels belonging to different persons than for a 
 package containing several parcels all belonging to one 
 person, yet if the company refuse to carry at the 
 ordinary rate packed parcels tendered by a carrier, 
 whereby he is obliged to send them by a more circuitous 
 route and at a greater expense, he is not entitled to 
 recover damages for an alleged loss of business. 
 (Croiichy. Great Northern Railway Company, 11 Exch. 
 742; 25 L. J. Exch. 137.) 
 
 The Grand Junction Railway Company were authorized 
 by Act of Parliament to carry and convey all such pas- 
 sengers, goods, merchandise, &c., as should be offered to 
 them for that purpose, and to make such reasonable 
 charges as they might from time to time determine. 
 The company were to fix the sums to be charged in 
 respect of small parcels not exceeding 500 lbs. weight 
 each. By another Act they were empowered to carry 
 passengers and goods on other railways, and to make 
 such reasonable charges as they should determine. And 
 by another Act the charges by the former Acts 
 authorized to be made for the carriage of passengers or 
 goods should be at all times charged equally and after 
 the same rate in respect of all passengers, goods, &c., 
 conveyed or propelled by a like carriage or engine 
 passing on the same portion of the line and under the 
 same circumstances. The company published a list of 
 rates for the carriage of merchandise di^^dcd into seven 
 classes, of which the lowest was ICs-. and the highest 
 60s. per ton ; and for boxes, bales, hampers, or other 
 packages or things under 112 lbs. weight, each divided, 
 consigned, or intended for different persons or for more 
 than one person, they imposed a charge of a penny per 
 Packed parcels pound wciglit. Tho Court of Exchocjucr held that this 
 feV'Int'pelifns! last was not a reasonable charge in the case of a package 
 above 500 lbs. weight made up by a carrier and directed 
 to one person, although containing a number of parcels
 
 PARCELS. 123 
 
 under 112 lbs. weight, each consigned or directed to 
 different persons. {Pickford v. Grand Junction Railway 
 Comimny, 10 M. & W. 399 ; 3 Railw. Cas. 193. Edwards 
 V. Great Western Railway Company, 11 C. B. 588 ; 21 
 L. J. C. P. 72.) 
 
 The Court of Common Pleas held in somewhat 
 similar circumstances that a railway company were not 
 justified in making an increased charge in respect of the 
 conveyance of packed parcels, the jury having negatived 
 that they incurred any additional risk or expense in the 
 carriage. {Piddington v. South Eastern Raihvay Com- 
 pany, 5 C. B. N. S. Ill ; 4 Jur. N. S. 953 ; 27 L. J. C. P. 
 295.) 
 
 The recent leading case of Sutton v. Great Western Packed par- 
 Raihvay Company, 3 H. & C. 800 in error; 35 L. J. of charo-es^'^ ' ^ 
 Exch. 18; 11 Jur. N. S. 879; 13 L. T. N. S. 221; thereto?. 
 affirmed in the House of Lords, L. R. 4 ; Ho. of L, Cas. 
 226 ; settled some important questions as to packed 
 parcels and the inequality of charges therefor. The 
 action was brought to recover back from the company 
 an extra charge for the carriage of packed parcels. The 
 plaintiff proved that he pursued in London the trade of 
 collecting small parcels, inclosing them in one package 
 and forwarding it to his agent in the country by the 
 defendants' railway. By the defendants' tariff, parcels 
 between 1 cwt. and 500 lbs. were divided into five 
 classes, according to the description of goods they con- 
 tained, and were charged at five different rates, but 
 packed parcels were charged at the highest rate, with 50 
 per cent, in addition. The plaintiff^s packed parcels 
 were always charged at the highest rate, with the above 
 additional percentage, without reference to the contents 
 of the inclosures, which were generally unknown both to 
 him and the company. The plaintiff tendered evidence 
 to prove that four wholesale houses in London who daily 
 sent large quantities of their own goods by the de- 
 fendants' railway habitually received inclosures fi'om
 
 124 PARCELS. 
 
 others which were sent in packed parcels, and that.these 
 wholesale houses were never charged according to the 
 company's tariff for packed parcels. The defendants' 
 counsel objected to the reception of this evidence, but 
 the objection was overruled at the trial by the presiding 
 judge (Martin, B.) . No e^adence was given that the 
 company were ever directly informed that any one 
 specific parcel sent by these wholesale houses was a 
 packed parcel ; but the evidence was that no questions 
 were ever asked by the company. The plaintiff also 
 tendered evidence to prove that at a reference in 1849 
 e%ddence was given in presence of the then solicitor 
 and traffic manager of the company of the practice of 
 wholesale houses in London to pack parcels in the way 
 these four wholesale houses did. The defendants' 
 counsel also objected to the reception of this evidence, 
 but it was admitted by the judge. The plaintiff also 
 tendered evidence by a person conversant with the 
 business of carriers, that the practice of sending packed 
 parcels had for many years been so general as to be 
 notorious amongst carriers. The defendants' counsel 
 also objected to the reception of this evidence, but it was 
 admitted by the judge. The learned judge left it to the 
 jury on this evidence to say whether in fact the defendants 
 had made unequal charges on their customers, and if so, 
 whether they had done it knowingly ; and he directed 
 the jury that if they found these facts affirmatively, their 
 verdict must be for the plaintiff. The defendants' 
 counsel excepted to the admissibility of this evidence, 
 and to the direction to the jury. Subject to these 
 exceptions the jury returned a verdict for the plaintiff. 
 On the argument of the bill of exceptions in the Ex- 
 chequer Chamber, before Cockburn, C. J., Erie, C. J., 
 Byles, Blackburn, Keating, Mellor and Shee, JJ., judg- 
 ment was given for the plaintiff ((Jiss. Erie, C. J.) , and 
 the case was then brought on error to the House of 
 Lords. After consulting some of the judges, the judg- 
 
 I
 
 PARCELS. 125 
 
 ment in the Court below was affirmed. By this decision 
 it is therefore established : (1) That an absolute power 
 in an Act of Parliament to fix charges for railway carriage 
 is not rendered conditional by a subsequent clause requir- 
 ing that all the charges made shall be made equally on 
 like goods carried under like circumstances for all pei*- 
 sons. The condition only attaches after the power has 
 been exercised. (2) That a charge of so much per ton 
 and 50 per cent, in addition is a tonnage charge, and 
 therefore precisely within the words of the 50th section 
 of 7 & 8 Vict. c. 3. (3) That the words, "goods of a 
 like description and quantity/^ and " conveyed along the 
 railway under the like circumstances," in 7 & 8 Vict. c. 3, 
 and "goods of the same description " and "under the 
 same circumstances" in the Railway Clauses Act, are 
 used not with reference to the contents of the parcels, 
 but to the parcels themselves, that is, like or different for 
 the purposes of carriage ; and these words are used with 
 reference to the conveyance of goods, and not to the 
 persons who send them. (4) That evidence tendered 
 at a trial is admissible to show that mercantile houses 
 were in the habit of dispatching by railway parcels con- 
 taining numbers of other parcels, and sent from and to 
 diflFerent persons ; that these parcels were so packed by 
 these mercantile houses for the accommodation of their 
 own customers and friends, and these facts were well 
 known in the trade, and (inferentially) to the railway 
 company, but that a lower charge was made to these 
 mercantile houses than to an ordinary carrier. (5) That 
 evidence of the fact of the agent and manager of a railway 
 company having been present as parties at a reference 
 where facts of this sort are proved in their hearing is pro- 
 perly admissible as part of the proof that the company 
 were informed and knew of the habits and practices of 
 the mercantile houses, and knowingly charged a carrier a 
 higher rate than was demanded of other persons for the 
 carriage of like packed parcels of goods carried under the
 
 126 PARCELS. 
 
 like circumstances ; and (G) That money paid in excess 
 under the above circumstances can be recovered back in 
 an action for money had and received. 
 
 Another case at the instance of the same plaintift* 
 {Sutton V. South Eastrni Bailmii/ Company) involved in 
 substance the same point, but it was agreed that the 
 judgment delivered in the Great Western Railway case 
 should govern it. After the decision in the Exchequer 
 Chamber, the South Eastern Company still charged an 
 over rate, whereupon the plaintiff commenced another 
 action, and before trial applied to the Court of Exchequer 
 under section 79 of the Common Law Procedure Act, 
 1854 (17 & 18 Vict. c. 125), for an injunction to restrain 
 the company from charging him for the carriage of his 
 goods otherwise than equally with all other persons, and 
 after the same rate in respect of goods of the like descrip- 
 tion under the like circumstances. The Court refused to 
 grant the injunction on the ground that there was no 
 precedent for it, and the case was not one in which the 
 Court would exercise their statutory power to grant one ; 
 also that the plaintift''s proper course was to proceed with 
 the action which he had commenced, under which he 
 could recover the overcharges with interest. Channel! 
 and Pigott, BB., intimated that if the plaintiff had a 
 remedy of this nature he could apply to the Court of 
 Common Pleas under the Railway and Canal Traffic Act, 
 1854. {Sutton V. Soutlt Eastern liailway Company, 11 
 Jur. N. S. 935 ; 35 L. J. Ex. 38 ; 1 L. R. Ex. 32 ; 14 
 W. R. 130 ; 13 L. T. N. S. 438.) This decision pro- 
 ceeded tnainly on the fact that the Court of Chancery had 
 refused to grant an injunction under circumstances of a 
 somewhat similar nature, viz. Attorney (Uncral v. Sheffield 
 Gas Consnmers' Company, 3 De G. M. & G. 304; 22 L. J. 
 Ch. 84 ; and The River Dun Navigation Company v. North 
 NiflJnnd Jfaihccy Company, 1 Railw. Cas. 153 ; but a 
 demurrer for want of equity was overruled in Baxendale 
 V. West Midland Railway Company, 3 Giff. 050 ; 8 Jur.
 
 PARCELS. 127 
 
 N. S. 1072; 6 L. T. N. S. Ch. 675. In this case the 
 plaintiffs had places of business at towns where the 
 defendants had stations, and were for many years em- Delivery of 
 ployed by the defendants as their agents to deliver goods m°a°rk^ex"ept 
 to the consignees. In January, 1862, the company by own agent, 
 
 oflpGct of rG~ 
 
 ceased to employ the plaintiffs, and since that time goods fusal. 
 had been sent to the latter either addressed to them or 
 to their care, with the names of the consignees and 
 stations of the towns in invoices, and other goods arrived 
 at the same stations addressed to the plaintiffs " under 
 mai'ks " (which were explained to them by letter through 
 the post office.) The goods which had directions the 
 defendants refused to deliver to the plaintiffs, but handed 
 them to their own new agent, to be delivered by him to 
 the consignees, and the goods '' under mark^' were taken 
 by the defendants' new agent to the plaintiff^s place of 
 business, and tendered for acceptance, and on being 
 refused were taken back to the stations and afterwards 
 delivered to the plaintiffs, the defendants charging for 
 cartage. A demurrer for want of equity to a bill praying 
 for a declaration that the defendants were bound to 
 deliver to the plaintiffs the goods so addressed to them, 
 deducting for and allowing to the plaintiffs for their 
 services a sum from the through rate charged, was over- 
 ruled by Sir J. Stuart, V. C. On appeal the decision 
 was affirmed, but without prejudice to any question of 
 jurisdiction at the hearing. (8 Jur. N. S. Ch. 1163, on 
 appeal; 7 L. T.N. S. 297.) 
 
 An owner of goods has a right to countermand de- Delivery of 
 livery of a package by giving due notice, such as of °consig^nor to 
 delivery of a written order to that effect, to a clerk at the countermand, 
 station of a company who acted as agents for them, and 
 through whose line the goods passed en route for abroad. 
 (ScoWiorn v. South Stafford si dre Railway Comjjany, 
 22 L. J. Ex. 121 ; 17 Jur. 214 ; 20 L. T. 225 ; 8 Exch. 
 341.) 
 
 The Grand Junction Railway Company became carriers
 
 128 PARCELS. 
 
 Delivery and on the London and Birmingliam lines, and publislied a 
 
 dmr^'efor^ list of charges for the carriage of goods fi'om Manchester 
 
 eflect of. iq London, among which " Manchester packs " were 
 
 charged 3s. 3fZ. per cwt, or 65s. per ton. At the foot 
 
 of this list was a notice that goods were brought to the 
 
 station at Camden Town without extra charge, and that 
 
 there was no charge for booking and delivery in London. 
 
 The company made an agreement with certain persons 
 
 that the latter should carry from the station at Camden 
 
 Town and deliver in London all such goods carried by 
 
 the railway, and for so doing should receive 10s. per ton 
 
 out of the entire charge of 65s. per ton. The Com-t 
 
 of Exchequer held that the charge of 65s. per ton, when 
 
 made to any other persons who were ready to receive 
 
 their o-oods at the station at Camden Town, was both 
 
 unreasonable and unequal. {Pichford v. Grand Junction 
 
 BailiL-ay Company, 10 M. & W. 399; 3 Railw. Cas. 
 
 193.) 
 
 Prepayment of If a parccl be delivered to a railway company directed 
 
 iloerioTfrce'^ to a person at a place beyond the limits of their line, 
 
 company from and prepayment of the carriage be offered and refused 
 
 "* ' * ^* on the ground that it had better be paid by the person to 
 
 whom it was directed on its receipt, and the parcel be 
 
 lost after it was forwarded from the point where the 
 
 company's line ended, the company are liable for its 
 
 loss. [Muschamp v. Lancaster and Preston Junction 
 
 Bailway Company, 8 M. & W. 421 ; 2 Ilailw. Cas. 607 ; 
 
 5 Jur. 656.) 
 
 Parcels sent by A carrier who sends a parcel containing several 
 
 sea, delay of. gmaller parcels by sea, and in consequence of delay in 
 
 the delivery loses the custom of two of his customers 
 
 who were in the habit of sending parcels through him, is 
 
 not entitled to recover damages in respect of such loss, 
 
 as it is not the dii-ect legitimate or probable result of 
 
 the delay as reasonably to bo anticipated by the parties. 
 
 {Mann v. General Steam Navigation Company, 26 L. 
 
 T. Ex. 247.)
 
 PAPvCELS. 129 
 
 A railway company acting as common carriers are 
 bound to carry such goods as are tendered to them for 
 the purpose of being carried, together with the proper 
 charge for such cari-iage ; and the company cannot insist 
 upon the sender signing such conditions as are unreason- 
 able. The company have no right to close their offices 
 and refuse to receive goods that are tendered with the Refusal to 
 proper amount for carriage, while at the same time they l^^cmtfwm^^^ 
 continue to receive goods prepared, assorted and packed pai-ticular 
 in the same manner from a particular individual. (Gar- 
 ton V. Bristol and Exeter Railway Company, 1 B. & S. 
 lia; 7 Jur. N. S. 1234 ; 30 L. J. Q. B. 273 ; 9 W. R. 
 734.) 
 
 The South Eastern Railway Company's Acts for the Parcels, exces- 
 conveyance of goods and passengers from London to conveyance oi 
 Folkestone prohibited the company from making un- V steam ves- 
 equal charges. The company obtained another Act 
 enabling them to establish a communication by steam 
 vessels with Boulogne, which contained no provision as. 
 to equality of rates for the carriage of goods. There was 
 nothing in the law of France which disabled the company 
 as public carriers from making such contracts for that 
 purpose as they might think most for their own interest. 
 The company by their tariff charged certain rates for small 
 parcels, with a double charge for packed parcels. It was 
 held by the Court of Common Pleas that so far as re- 
 garded the contract for the carriage of such parcels from 
 Boulogne to London, there was nothing illegal in this 
 increased charge. (Branley v. South Eastern Railway 
 Company, 12 C. B.N. S. 63 ; 9 Jur. N. S. 329; 31 L. J. 
 C. P. 286 ; 6 L. T. N. S. 458.) This decision was given 
 before the provisions with respect to charges for con- 
 veyance of traffic by rail were extended to that conveyed 
 by steam vessels worked or maintained by railway com- 
 panies. The statutes so extending are ; " The Railway 
 Clauses Act, 1863," s. 35. ^' The Regulation of Railways 
 Act, 1868," s. 16 ; and the Act of 1873, s. 11, ante p. 25. 
 
 E
 
 130 
 
 CHAPTER YIII. 
 
 JUST AND REASONABLE CONDITIONS IN FORWARDING TRAFFIC. 
 
 37 & 38 Vict., 
 c. 31,s. 7. 
 
 Conditions as 
 to forwarding 
 traffic. 
 
 Non-liability 
 for insufficient 
 packing un- 
 reasonable. 
 
 Claim for 
 dania^^-e, limi- 
 tation of time 
 for, reasonable. 
 
 The 7th section of the Railway and Canal Traffic Act 
 of 1854 still remains in force ; the Commissioners' juris- 
 diction does not extend to it. There is a proviso in the 
 section that 
 
 " Nothing contained in tlie Act shall be constrned to prevent these 
 companies (viz. a railway or canal company) from makinir snch con- 
 ditions with respect to the receiving, forwarding, and delivering of 
 any of the saicl animals, articles, goods, or things, as shall be ad- 
 judged by the Court or judge before whom any question relating 
 thereto shall be tried to be just and reasonable." 
 
 It will thus be seen that the Court or a judge is to 
 decide the reasonableness of the conditions after they 
 are made, but the Commissioners may be called upon to 
 decide what should be a reasonable condition before it is 
 made, the making of such a condition, involving as it 
 might an unreasonable preference or undue prejudice. 
 As such a question may come before the Commissioners, 
 it has been thought fit to state a few of the principles 
 that have been laid down in some cases under the Act 
 of 1854, with respect to what are just and reasonable 
 conditions. 
 
 A condition that a compan}^ vdW not be accountable 
 for the loss, detention, or damage of any package in- 
 sufficiently or improperly packed, is unjust and unreason- 
 able ; but a condition that no claim for damage will 
 be allowed, unless made within three days after the 
 delivery of the goods, nor for loss, unless made within 
 three days of the time that tbey should be delivered, is 
 just and reasonaljle. 
 
 A condition that in the case of goods convoyed at
 
 FORWARDING TRAFFIC. 131 
 
 special or mileage rate, the company will not be re- Non-respon- 
 sponsible for any loss or damage, bowever caused, is just ^'oo!is^,/s''ecial 
 and reasonable. (Simons v. Great Western Railway or mileage rates 
 Company, 18 C. B. 805 ; 26 L. J. C. P. 25 ; S. P. '''^""^*'^^- 
 Oartonv. Bristol and Exeter Raihvay Gompany, 1 B. & S. 
 112; 7 Jur. N. S. 1234; 30 L. J. Q. B. 273 ; 9 W, R. 
 734. See also Lewis v. Great Western Baihvay Com- 
 2oany, 29 L. J. Ex. 425 ; 5 H. & N. 867.) 
 
 A condition that a railway company should not be Non-liabihiy 
 liable for loss of market, or other delay arising from de- reasonable?" 
 tention, is a reasonable condition, (White v. Great 
 Western Baihvay Company, 2 C. B. N. S. 1 ; 26 L. J. 
 C. P. 158.) 
 
 The following condition with respect to the carriage Loading and 
 of cattle was held to be reasonable : — of cattle!^' '^' 
 
 " The company is to be held free from all risk or responsibility 
 in respect of any loss or damage arising in the loading or unloading 
 fi'om suffocation, or from bemg trampled on, bruised or otherwise 
 injured in transit, from fire or fi-om any other cause whatsoever. 
 The company is not to be held responsible for carriage or delivery 
 within a certain or definite time, nor m time for any j^articular 
 market." 
 
 (Partington v. South Wales Bailway Cotripany, 1 H. 
 & N. 392 ; 2 Jur. N. S. 1210 ; 26 L. J. C. P. 105.) 
 
 Stipulations that horses should be carried at the Horses at 
 owner's risk, or that the directors should not be answer- reasonable! ' 
 able for damage to any horses conveyed by the railway, 
 are not unreasonable or void. (Wise^. Great Western 
 Bailway Gompany, 1 H. & N. 63 ; 25 L. J. Exch. 258 ; 
 McCann v. London and North Western Baihvay Gom- 
 pany, 7 H. & N. 477; 31 L. J. Ex, 65; S. P. 
 Gannell v. Ford, 5 L. T. N. S. 604— Q, B, But see 
 Lloyd V. Waterford and Limerick Bailway Company, 
 post (p, 132). 
 
 But where a customer, on delivering some horses to Truck, in de- 
 
 ■I •11 •^ •tj.'ij. fective con- 
 
 be carried by a railway company, signed a ticket on dition 
 
 which was the following memorandum —
 
 132 
 
 JUST AND REASONABLE CONDITIONS 
 
 Value of a dog 
 not ilt'clared 
 call be limited. 
 
 Altirnativo 
 condition to 
 carry liorst-s at 
 liigher rate, 
 claim for 
 dama;^!' at 
 tim<" of unload- 
 ing, unrea- 
 sonable. 
 
 "This ticket is issued subject to the owner's nndertiik in <r all risk 
 of couvevauce, loading and unloading whatsoever, as the company 
 will not he responsible for any injury or damage (howsoever caused), 
 occurring to live stock of any description travelling upon the rail- 
 May or in their vehicles," 
 
 it was liekl not a just or reasonable condition. The 
 truck in which the horses were conveyed proved de- 
 fective, and the horses having in the course of the 
 journey knocked a hole in it by means of which they 
 injured themselves, the company were liable. {McMann 
 V. Lancashire and Yorhshire Railway Com[ianij, -i H. &N. 
 327 ; 5 Jur. N. S. 651 ; 28 L. J. Exch. 353 ; 33 L. T. 
 259, Exch. Cham.) 
 
 A company can limit theu- liability for the value of a 
 dog, when the same is not previously declared in terms 
 of a condition to that effect. {Harrison v. London, 
 Brighton, and South Coast Bailwaij Covqyany, 2 B. & S. 
 122; 8 Jur. N. S. 740 ; 31 L. J. Q. B. 113 ; 6 L. T. 
 N. S. 4(56, Exch. Cham.) 
 
 The Waterford and Limerick Railway Company intro- 
 duced into a special contract for the conveyance of 
 horses at a low rate a condition exempting themselves 
 from all liability in respect of the horses, whether in the 
 loading or unloading, or in transit and conveyance, or 
 whilst in the company's vehicles or on their premises. 
 The Court of Queen's Bench in Ireland held this in itself 
 to be an unjust and unreasonable condition. {Lloyd v. 
 Waterford and Limerick liailway Company, 15 Ir. C. L. 
 R. 37; 9 L.T.N. S. 89, Q. B.) 
 
 In this case it was also held that it could not be 
 aided by an alternative condition whereby the company 
 offered to 
 
 " Undertake the risk of conveyance only in consideration of an 
 additional payment of twenty per cent, on the low rate of charge, 
 btit refused to entertain any claim for damage sustained by any 
 animal conveyed at such additional rate, unless the injury was 
 stated and pointe<l out to the company's agent at tlie time of 
 unhiadin<r,"
 
 IN FORWARDING TRAFFIC. 133 
 
 tliat condition also not being in itself just or reason- 
 able. 
 
 A railway company is entitled to tlie protection Company 
 against responsibility for the carriage of animals given ^^ prote'ction 
 by the second proviso of section 7 of the Act of 1854^ given by 
 although no complete contract for carriage of the animal of section. 
 has been entered into^ and no complete delivery of it has 
 taken place ; it is enough if the animal was in the course 
 of being delivered to or received by the company, 
 (HocJgman v. West Midland Bailway Company, 5 B. & S. 
 173 ; 10 Jur. N". S. 673 ; 33 L. J. Q. B. 233 ; 12 W. R. 
 1054; 10 L. T. N. S. 609. Affirmed on appeal, 13 
 W. R. 758 ; 35 L. J. Q. B. 85, Ex. Cham.) 
 
 If an owner of horses know that there is a certain Owner volun- 
 
 „ . ■, -11 tarily sendinor 
 
 rate tor carrying horses on a railway by a passenger horses by pas- 
 train and in horse-boxes, and that there is a lower rate senger or goods 
 
 trains, non- 
 
 for carrying them by goods train, and he prefer the latter responsibility 
 mode of conveyance, it is a reasonable condition of the ^^^^ klter"^^ ^ 
 contract that the horses should be carried entirely at the reasonable. 
 owner's risk, and that such condition would protect 
 the railway company if the horses were injured on the 
 journey, but would not protect them from the conse- 
 quences of delay where the contract was to deliver in a 
 reasonable time. {Robinson v. Great Western Railway 
 Company, 14 W. R. 206; 1 H. & R. 97 ; 35 L. J. 
 C. P. 123; IL.R. C. P. 329.) 
 
 An illustration of what is a reasonable condition may Telegrams, 
 be taken from, a decision under the Act of a telegraph comifan^y not 
 company. In the Act of the Electric Telegraph Com- responsible 
 pany, it was provided that the public, without preference, 
 should have the use of the company's telegraph, subject 
 to reasonable regulations to be made by the company. 
 When a person wished to transmit a message by the 
 telegraph a message paper was handed to him for his 
 signature, on which was indorsed a notice, that messages 
 of consequence ought to be repeated from the station to 
 which they were addressed, and that a higher rate was
 
 134 
 
 JUST AND REASONABLE CONDITIONS 
 
 Case, unless 
 declared in- 
 sured, unrea- 
 8f)n:it)le. 
 
 Beyond limits 
 of line, non- 
 responsibility. 
 
 Fisli, limita- 
 tion of res|)on- 
 eibility for con- 
 veyance of. 
 
 charged for repeated messages, and that the company 
 would not be responsible for mistakes in the transmission 
 of unrepeated messages. The Court of Common Pleas 
 held that the company were not liable for the conse- 
 quences of such mistakes ; that the condition introduced 
 into the notice was reasonable; and if it were not 
 a reasonable regulation under the Act, it was such a 
 limitation of liability as the company in the character of 
 common carriers were entitled to create by notice to 
 their customers. {McAndrew v. Electric Telegraph Com- 
 pany, 17 C. B. 3; 1 Jur. N. S. 1073; 25 L. J. C.P. 
 26.)' 
 
 A condition that a company will not be responsible for 
 injury to a case of marbles, unless the same are declared 
 insured according to their value, is not a just and reason- 
 able condition. {Peek v. North Stafordshire Bailway 
 Company, 10 H. L. Cas. 473 ; 9 Jur. N. S. 914 ; 32 
 L. J. Q. B. 241 ; 11 W. R. 1023 ; 8 L. T. N. S. 768.) 
 
 A railway company can by a condition free themselves 
 from liability for loss or detention beyond the limits of 
 their line. {AldrUlgc v. Great Western Fallicay Com- 
 pany, 15 C. B. N. S. 582 ; 33 L. J. C. P. 161.) 
 
 The following conditions with respect to the convey- 
 ance of fish were held just and reasonable, and the com- 
 pany entitled to give public notice that the sender should 
 sign such conditions : 
 
 "The conipanv sliall not be responsilile under any ciroumHtances 
 for loss of market, or for otlier loss or injury arising fi-oni delay or 
 detention of train, exposure to weatlier, stowa^'e, or from any cause 
 whatever, other than gross ncgleet or fraud." 
 
 {Beal V. South Devon Railway Company, 3 H. & C. 
 337 ; 12 W. R. 1115 ; 11 L. T. N. S. 184 ; affirming the 
 decision of the Exchequer, 5 H. & N. 875 ; 29 L. J. 
 Exch. 441 ; 8 W. R. 651, Exch. Cham.) In this case 
 it was laid down that 
 
 *' F<>r all practical purjioses the rule may be stated thus — that the 
 failure to exercise reasonable care, skill, and diligence, is gross
 
 IN FORWARDING TRAFFIC. 135 
 
 negligence. What is reasonable, varies in the case of a gratuitous 
 bailee and that of a bailee for hire. From the former is reasonably 
 expected such care and dihgence as persons ordinarily use in their 
 own afFaii's, and such skill as he has. From the latter is reasonably 
 expected care and diligence such as are usual, or in the absence of 
 usage, are to be expected by an analogy to the ordinary and usual 
 course of similar business, and such skill as he undertakes to have, 
 namely, the skill usual in the business for which he receives 
 payment." 
 
 (See also Grill v. General Iron Screw Collier Comjoany, 
 1 Harr. and Euth, 654; 35 L. J. C. P. 321 3 37 L. J. C. P. 
 205.) 
 
 A carrier is not bound to convey goods except on Carrier not 
 payment of the full price for the carriage according to vev"t)ocls*^°"' 
 their value ; and if that be not paid it is competent to unless carriage 
 him to limit his liability by special contract. Therefore, cial contrLtf ^' 
 where a carrier receives valuable goods to carry, after 
 notice to the bailor that he will not be responsible for 
 loss or damage to them, unless a higher than the 
 ordinary rate of insurance be paid for the carriage, he 
 receives them on the terms of such notice, which amounts 
 to a special contract. But he is not thereby exempted 
 from all responsibility ; he is, notwithstanding the notice, 
 bound to take ordinary care in the cai-riage of the goods, 
 and is liable not only for any act which amounts to a 
 total abandonment of his character as a carrier, or for 
 wilful negligence ; but also for a conversion for a mis- 
 delivery arising from inadvertence or mistake, if such 
 might have been avoided by the exercise of ordinary 
 care. {Wyld v. PicTi/ord, 8 M. & W. 443.) 
 
 A set of conditions in a consignment note is unreason- Conditions in 
 able and void under section 7 of the Act if any part of it ^onsignment- 
 
 •' J^_ note unreason- 
 
 is unreasonable ; and a condition not to be liable for able if any part 
 
 J T 1 J • 1 11/ T^- 7 unreasonable. 
 
 delay, however caused, is also unreasonable. [Ivirby v. 
 Gi'eat Western Railway Company, 18 L. T. N". S. G58.) 
 Carrying cattle at ''^ reduced fares,^' with a condition as 
 to non-liability for delay, does not free a railway company 
 from liability, though the fares are below the maximum
 
 136 
 
 FORWARDING TRAFFIC. 
 
 allowed to bo charged by the company's Act. {Alhlai/ v. 
 Great Wcstcrti Baihcay Companij, 11 L. T. N. S. 267 ; 
 3i L. J. N. S. Q. B. 5; 11 Jur. N. S. 12 j 5 B. & S. 
 903.)
 
 137 
 
 PART III. 
 APPENDIX. 
 
 I. GENERAL ORDERS. 
 
 Made Pursuant to the Statute, 36 & 37 Victoeia, 
 c. 48, s. 29, intituled, 
 
 'A71 Act to make hetter provision for carrying into effect the 
 liaihuay and Canal Traffic Act, 1854, and for other 
 purposes connected therewith." 
 
 Interpretation. 
 
 IN the constrnction of these orders and the forms herein 
 referred to, words iraporting the singular number shall 
 include the plural, and words importing the plural number 
 shall include the singular number, and the following terms 
 shall (if not inconsistent with the context or subject matter) 
 have the respective meanings hereinafter assigned to them ; 
 that is to saj, "application " shall include complaint under 
 this Act, " applicant " shall include any complainant under 
 this Act, and "defendants " shall mean the persons or company 
 against whom the application or complaint is made. 
 
 Application or Complaint to the Commissioners. 
 
 2. Every application made to the Commissioners under Form of appli- 
 this Act shall be in writing or in print, or partly in writing ^^|J°" 8"ene- 
 and partly in print, and be signed by the applicant, or in the 
 case of a corporate body, or company, or local or harbour 
 board being the applicant, shall be sealed with their seal and 
 signed by their secretary or other officer acquainted with the 
 facts stated in the application. It shall contain a clear and 
 concise statement of the facts, the grounds of application, and 
 of the relief or remedy to which the applicant claims to be 
 
 rally.
 
 138 GENERAL ORDERS. 
 
 entitled. It shall be divided into paragri'aphs, eacli of wliich, 
 as nearly as may be, shall be confined to a distinct portion of 
 the subject, and every paragraph shallbe numbered consecutive- 
 ly. It shall be endorsed with the name and address of the 
 applicant, and if there be an attorney acting for him in the 
 matter, with the name and address of such attorney, and if 
 he be an agent for another attorney in the matter, then also 
 with the name and address of such other attorney. The appli- 
 cation shall be according to Form No. 1 in the schedule 
 hereto, or to the like effect. 
 
 Under ss. 6 3. Every application made to the Commissioners under 
 
 and 13 of this ggctions 6 and 13 of this Act, shall be for a summons calling 
 upon the company complained of to show cause why a ^vrit 
 of injunction should not issue against them, enjoining them to 
 do or to desist from doing the acts therein specified. 
 
 Under s. 8. 4. Every application made to the Commissioners under 
 
 section 8 of this Act (unless both parties consent to refer the 
 difference to the Commissioners) shall be for a summons 
 calling upon the other party to the difference to show cause 
 why it should not be referred to the Commissioners for their 
 decision, in lieu of being referred to arbitration. The appli- 
 cant shall also state whether or not it is a case in which any 
 arbitrator has in any general or special Act been designated 
 by his name or by the name of his office, or in which a standing 
 arbitrator has been appointed under any general or special 
 Act. 
 
 Under s. 9. 5. Every application made to the Commissioners under 
 
 section 9 of this Act shall be signed by all the parties to the 
 difference, or in the case of a corporate body shall be sealed 
 with their seal, and shall be for permission to refer the differ- 
 ence to the Commissioners for their decision. 
 
 Under s. 10, G. Every application made to the Commissioners under 
 
 section 10, sub-section 1 of this Act, shall be for the approval 
 by the Commissioners of any working agreement between 
 railway companies, whereof they desire to have the Commis- 
 sioners' approval, or shall be for the exercise of any other 
 powers (to be specified in the said application) transferred by 
 the said sub-section to the Commissioners with respect to the 
 approval of such working agreement.* 
 
 • Since the issuing of the poneral orders the Commissioners havo made a 
 rogulaiitm, and issiKsd direttions relating to working agreements, for which 
 see end of Appendix. 
 
 8ub-sec. 1.
 
 GENERAL ORDERS. 
 
 139 
 
 Under s. 11, 
 sub-sec. 4. 
 
 Under s. 11, 
 sub-sec. 6. 
 
 7. Every application made to the Commissioners under 
 section 11, sub-section 4 of this Act, shall be for a summons 
 calling upon the forwarding company to show cause why the 
 through rate or route, or through rate and route proposed by 
 the applicant and objected to by the forwarding company, 
 should not be allowed by the Commissioners. 
 
 8. Every application made to the Commissioners under 
 section 11, sub-section 6 of this Act, shall be for a summons 
 calling upon the forwarding company to show cause why the 
 apportionment of the through rate proposed by the aj^plicant 
 and objected to by the forwarding company should not be 
 allowed by the Commissioners. 
 
 9. Every application made to the Commissioners under Under s. l-t 
 section 14 of this Act shall be for a summons calling upon 
 
 the railway comjDany or canal company, against whom the 
 application is made, to show cause why they should not dis- 
 tinguish in the book or books therein mentioned how much of 
 the rate in respect whereof the application is made is for the 
 conveyance of the particular description of traffic therein- 
 named on the railway or canal in question, including therein 
 tolls for the use of the railway or canal, for use of carriages 
 or vessels, or for locomotive or other tractive power, and how 
 much is for other expenses, specifying the nature and detail 
 of such other expenses. The applicant in such case shall 
 state that he is interested in the matter, and show how he is 
 interested therein. 
 
 10. Every application made to the Commissioners under Under s. 15 
 section 15 of this Act shall be for a summons calling upon 
 
 the railway company, against whom the application is made, 
 to show cause why the question or dispute therein mentioned 
 with respect to the terminal charges of such company (the 
 charges not having been fixed by any Act of Parliament) 
 should not be heard and determined by the Commissioners, 
 and why they should not decide what is a reasonable sum to 
 be paid to such company for loading and unloading, covering, 
 collection, delivery, and other services of a like nature. The 
 application in such case shall state the actual amount of .such 
 charges, and the amount which the applicant contends that 
 they ought to be. 
 
 11. Every application made to the Commissioners under Under s. 16, 
 section 16 of this Act shall be for them to sanction the agree- 
 ment therein mentioned, such sanction to be signified by 
 certificate under their seal.
 
 140 
 
 GENERAL OKDERS. 
 
 Under s. 17. 
 
 How left at 
 the Commis- 
 sioners' office. 
 
 Communica- 
 tion by Com- 
 miPsionerK to 
 comp:iny com- 
 plained of. 
 
 12. Every application made to the Com mission ers uiidej- 
 section 17 of this Act shall be for a summons calling upon 
 the railway company, against whom the application is made, 
 to show cause why a writ of injunction should not issue 
 against them, restraining them from permitting and suffering 
 the canal therein mentioned, or pirts thereof, or works belong- 
 ing thereto, to remain unrepaired, or in want of dredging, or 
 not in good working condition, or without proper supplies of 
 water thereto ; and also enjoining them to keep and maintain 
 the said canal or such parts thereof, or such works thereto 
 belonging, thoroughly repaired or dredged or in good working 
 condition, or to preserve the supplies of water to the same. 
 The application in such case shall specify the obstruction, 
 non-repair, or other defect sought to be remedied, and show 
 in what part of the canal or works such obstruction, non- 
 repair, or other defect exists. 
 
 13. The application so written or printed, or written and 
 printed, and signed or sealed and signed as aforesaid, shall 
 be left with the registrar to the Commissioners at their office, 
 together with three copies thereof, and with any documents, 
 maps, plans, time tables, and special Acts referred to therein 
 or which may be useful in explaining or supporting the same. 
 The registrar shall give a receipt for the same, which shall 
 be according to Form No. 2 in the schedule hereto, and he 
 shall enter particulars of the application, together with the 
 date of its being left with him, in a book to be kept for that 
 purpose. He shall also make out a list of the applications so 
 left according tcr the order in which they are received by him, 
 and such list may be inspected at the office during office hours, 
 and shall for that purpose be put upon a notice board appro- 
 priated to proceedings under this Act. The applications shall 
 be heai-d by the Commissioners so far as it may in their 
 judgment be practicable according to the order in which they 
 are so entered upon the list. 
 
 Suspension of Proceedings. 
 
 14. If the Commissioners think fit, in pursuance of section 
 7 of this Act, to communicate the a]>j)lic;ition to the company 
 against whom it is made, so as to afford them an ojiportunity 
 of making observations thereon before requiring or permitting 
 any formal proceedings to be taken thereon, they shall give 
 notice thereof to the applicant within five days from the date 
 of the application having been left at their office, and there-
 
 GENERAL OEDERS. 
 
 141 
 
 Parties dis- 
 pensing with 
 formal pro- 
 ceeding's. 
 
 upon all formal proceedings thereon shall be suspended until 
 further notice from the Commissioners to the applicant. 
 
 15. The Commissioners may also within the said period of Commissioners 
 five days require further information or particulars or docu- ?.'"^''| "'"'•" ,. 
 ments from the applicant, and may suspend all formal pro- mation. 
 ceedings upon the application until satisfied in this respect. 
 
 16. If the Commissioners at any stage of the proceedings Inquiries 
 think fit to direct inquiries to be made under section 25 of amlTbe^Acf of 
 this Act or under section 3 of the Railway and Canal Traffic tsoi. 
 
 Act, 1854, they shall give notice thereof to the parties to the 
 application, and may stay proceedings or any part of the 
 proceedings thereon until further notice from the Commis- 
 sioners. 
 
 Consent Gases. 
 
 17. In all cases the parties may by consent in writing 
 dispense with the formal proceedings hereinafter mentioned, 
 or some portion of them, and orders by consent may be drawn 
 tip, and, if approved of by the Commissioners, may be sealed 
 with their seal. 
 
 Writ of Sttonmons. 
 
 18. Unless the parties so consent, and unless the applicant Hearing; of 
 shall have received notice of the suspension of proceedings j'eaveToTssur 
 within the said period of five days, he may at the expiration 
 
 of that period apply to the registrar to the Commissioners for 
 an appointment when his application may be heard by them, 
 and the registrar shall thereupon give to him an appointment 
 in writing stating the day and hour when the same may be 
 heard by the Commissioners, and the same shall, if practicable, 
 then be heard, and the facts stated in the application be proved 
 by affidavit or otherwise, and thereupon the Commissioners 
 shall grant or refuse leave to issue a writ of summons in the 
 terms or to the effect of the application, and the granting or 
 refusal thereof shall be endorsed on the application. 
 
 19. If leave to issue a writ of summons be granted the Issuing, 
 applicant or his attorney shall prepare the same according to 
 Form No. 3 in the said schedule, and the same shall be 
 endorsed with the name and residence and addition of the 
 applicant, and, if there be an attorney, the name and address 
 
 of such attorney, and if he be an agent for another attorney 
 in the matter, then also the name and address of such other 
 attorney. It shall also be subscribed with a memorandum
 
 142 
 
 GENERAL ORDERS. 
 
 Service. 
 
 Endorsement 
 of service. 
 
 How stated in 
 writ of sum- 
 mons. 
 
 that the defcndanis shall put in an answer to the application 
 within ten days from the service of the said writ. The writ 
 of summons and a copy or copies thereof, and a copy of the 
 application for the purpose of service thereof, as hereinafter 
 mentioned, shall be sealed by the registrar. 
 
 20. A copy of the \\Tit of summons so issued and sealed, 
 together with a copy of the application so sealed as aforesaid, 
 shall be served by leaving the same with the secretary or 
 other chief clerk of the defendants at their principal oflSce in 
 any part of the United Kingdom, or if service cannot thus be 
 effected, then in such manner as the Commissioners may 
 direct. 
 
 21. The person serving the writ of summons and application 
 shall forthwith endorse on the writ the day of the month of 
 the service, and an affidavit of service of such writ and appli- 
 cation, stating the day on which service was made, shall there- 
 upon be left with the registrar to the Commissioners at their 
 office. 
 
 Time for Appea/tance and sJwwing cause. 
 
 22. The writ of summons shall require the defendants to 
 appear before the Commissioners at the place therein men- 
 tioned in twenty days from the service thereof, to show cause 
 against the said application, but the Commissioners may enlarge 
 the. time for appearance and showing cause. 
 
 Time for de- 
 livery and 
 form of. 
 
 Aiisiver. 
 
 23. Within ten days from the service of the writ of summons, 
 or within such further or extended time as may be fixed b}- any 
 special order of the Commissioners, the defendants shall de- 
 liver to the applicant or to his attorney a printed or written 
 or partly printed and partly written statement containing in 
 a clear and concise form their answer to the application, and 
 shall also leave four copies thereof with the registrar to the 
 Commissioners at their office, together with any documents 
 that may be useful in explaining or supporting it, and the 
 registrar shall give a receipt for the same. The answer may 
 admit the whole or any part of the facts stated in the appli- 
 cation. It shall be divided into paragraphs, which shall be 
 numbered consecutively, and it shall be sealed with the seal 
 of the company, and signed by the joerson actually making 
 the same, and who is acquainted with the facts stated therein.
 
 GENERAL ORDERS. 
 
 143 
 
 It shall be endorsed with the name and addi'ess of the de- 
 fendants, and if there be an attorney acting for them in the 
 matter, with the name and address of such attorney, and if he 
 be an agent for another attorney in the matter, then also with 
 the name and address of such other attorney. It shall be in 
 form No. 4 in the said schedule, or to the like effect. 
 
 24. The Commissioners may at any time require the whole Verification of. 
 or any part of the answer to be verified by affidavit upon 
 
 giving a notice to that effect to the defendants, and if such 
 notice be not complied with the answer may be set aside, or 
 such part of it as is not verified according to the notice may 
 be struck out. 
 
 Uejphj. 
 
 25. Within four days from the delivery of the answer to Time for de- 
 the applicant, or within such further or extended time as may P^^J ^^'^ 
 be fixed by any special order of the Commissioners, he shall 
 
 deliver a reply thereto to the defendants, and four copies 
 thereof to the registrar to the Commissioners, and may object 
 to the said answer as being insufficient, stating the grounds 
 of such objection or deny the facts stated therein, or may 
 admit the whole or any part of such facts. The reply shall 
 be signed by the applicant, and be according to form N^o. 5 in 
 the said schedule or to the like effect. 
 
 Potver to direct and settle Issues. 
 
 26. If it appear to the Commissioners at any time that the Commissioners 
 statements ia the application or answer or reply do not suf- "g^ugg"^*^* 
 ficiently raise or disclose the issues of fact in dispute between 
 
 the parties, they may direct them to prepare issues, and such 
 issues shall, if the parties differ, be settled by the Com- 
 missioners. 
 
 Freliminary Questions of Laio. 
 
 27. If it appear to the Commissioners at any time that there Power of Com- 
 
 is a question of law which it would be convenient to have de- missioneis to 
 
 ^ raise and 
 
 cided before further proceedmg with the case, they may direct decide. 
 
 such question to be raised for their opinion either by special 
 
 case or in such other manner as the Commissioners may deem 
 
 expedient, and all such further proceedings as the decision of 
 
 the question of law may render unnecessary may thereupon 
 
 be stayed.
 
 144 
 
 GENERAL ORDERS. 
 
 Commissioners 
 may hold nt 
 anytime before 
 bearing. 
 
 Pi-dbninar]) Meeting. 
 
 28. If it appear to the Commissioners at any time before 
 the hearing of the application that it will be to the advantage 
 of the parties to hold a preliminary meeting, for the purpose 
 of fixing or altering the place of hearing, determining the mode 
 of conducting the inquiry, the admitting of certain fiicts or 
 the proof of them by affidavit, or for any other purpose, they 
 shall have power to hold such meeting upon giving notice 
 thereof to the parties, and may thereupon make such order as 
 shall seem to them fit under the circumstances. 
 
 Commissioners 
 may commu- 
 nicate with 
 parties. 
 
 Preliminary Communication vntli iJie Parties. 
 
 29. The Commissioners may, if they think fit, instead of 
 holding such meeting as in the 28th General Order mentioned, 
 communicate with the parties in writing, and may require 
 answers to such inquiries as they may think fit to make. 
 
 Documents 
 referred to in 
 statement--. 
 
 How to be 
 given. 
 
 How to be 
 given and 
 effect of. 
 
 Production and Inspection of Documents. 
 
 30. Either party shall be entitled at any time before or at 
 the hearing of the case to give a notice in writing to the other 
 party in whose application or answer or reply reference is 
 made to any document to produce it for the inspection of the 
 party giving such notice, or of his attorney, and to permit 
 him to take copies thereof, and any party not compl3'ing with 
 such notice shall not afterwards be at liberty to put any such 
 document in evidence on his behalf in such proceeding unless 
 he satisfy the Commissioners that he had sufficient cause for 
 not complying mth such notice. 
 
 Notice to prodiice. 
 
 31. Either party may give to the other a notice in writing 
 to produce such documents as relate to any matters in difi'er- 
 ence (specifying the said documents), and which are in the 
 possession or control of such other party, and if such notice 
 be not complied with, secondary evidence of the contents of 
 the said documents may be given by or on behalf of the pai-ty 
 who gave such notice. 
 
 Notice to admit. 
 
 32. Either party may give to the other party a notice in 
 writing to admit any documents saving all just exceptions,
 
 GENERAL ORDERS. 
 
 145 
 
 and in case of neglect or refusal to admit after such notice, 
 the costs of proving such documents shall be paid by the party 
 so neglecting or refusing, whatever the result of the applica- 
 tion may be, unless at the hearing the Commissioners certify 
 that the refusal to admit was reasonable, and no costs of 
 proving any document shall be allowed unless such notice be 
 given, except where the omission to give the notice is in the 
 opinion of the taxing master a saving of expense. 
 
 Witnesses. 
 
 33. The attendance of witnesses with or without documents Attendance 
 shall be enforced in the same manner as it is now enforced in , ^'J^o^'ced 
 a superior court of law, and the proceedings for that purpose piicable to. 
 shall be in the same form, mutatis mutandis, and they shall 
 
 be sealed by the registrar to the Commissioners with their 
 seal, and may be served in any part of the United Kingdom. 
 The witnesses shall be entitled to the same protection as when 
 subpoenaed or cited to attend a superior court of law, and the 
 laws and practice now in force relating to witnesses in a superior 
 court of law shall apply to them in proceedings before the 
 Commissioners. 
 
 The Hearing. 
 
 34. If the applicant does not appear at the time and place Power of Com - 
 appointed for the hearing, the Commissioners may dismiss the ^^^^^°^^^^ to 
 application, and if the defendants do not appear at such time parte. 
 
 and place and the Commissioners are satisfied that the 
 summons was duly served, they may hear and determine the 
 application ex parte, and if at any adjournment of the hearing 
 the parties or either of them do not appear, the Commissioners 
 may decide the case in their absence. 
 
 Evidence at the Hearing. 
 
 35. In the absence of any agreement between the parties To be vivd voce 
 the witnesses at the hearing shall be examined vivd voce, but ^^^^^33'° '^^^' 
 the Commissioners may at any time for sufficient reason order 
 
 that any particular facts may be proved by affidavit, or that 
 the affidavit of any witness may be read at the hearing on such 
 conditions as they may think reasonable, or that any witness, 
 whose attendance ought for some sufficient cause to be dis- 
 pensed with, be examined by interrogatories, or otherwise, 
 before a person to be appointed by them for that purpose,
 
 146 
 
 GENERAL ORDERS. 
 
 Commissioners 
 mav retjuirt' 
 further evi- 
 dence. 
 
 Hearina: to 
 proceed from 
 day to daj-. 
 
 Form of. 
 
 May be in 
 ■writini; and 
 sent or de- 
 livered to the 
 parties. 
 
 How taxed and 
 recovered. 
 
 When apjtli- 
 cation for, to 
 be made. 
 
 provided that when it appears to the Coinmissioner.s that the 
 other party hoiul fhle desires the production of a witness for 
 cross-examination and that such witness can be produced, an 
 order shall not be made authorizing the evidence of such 
 witness to be given by affidavit. 
 
 Depositions taken before an Assistant Commissioner or other 
 person authorized to take them may be read at the hearing 
 without calling the deponents unless the Commissioners 
 otherwise order. 
 
 36. The Commissioners may require further evidence to be 
 given either vivd voce, or by affidavit, or by deposition taken 
 before an Assistant Commissioner or other person appointed 
 by them for that purpose. 
 
 o7. The hearing of the case when once commenced shall 
 proceed, so far as in the judgment of the Commissioners may 
 be practicable, from day to day. 
 
 JmJ'jment of Commissioners. 
 
 38. After hearing the case the Commissioners may dismiss 
 the application, or make an order thereon in favour of the 
 defendants, or resei've their decision, or (subject to the right 
 of appeal in this Act mentioned) make such other order upon 
 the application as may be wari'anted by the evidence, and may 
 seem to them just. 
 
 39. The Commissioners may give their decision in writing, 
 signed by them, and it may be sent or delivered to the re- 
 spective parties, and it shall not be necessary to hold a court 
 merely for the purpose of giving such decision. 
 
 Costs. 
 
 40. Costs shall be taxed upon the order of the Commis- 
 sioners by which they are payable, and when taxed may be 
 recovered by making such order a rule of any superior court 
 in the ordinary way, and issuing execution upon such rule, or 
 may be recovered in any other manner according to the 
 practice of the said court. 
 
 Alteration or rescinding of Orders. 
 
 41. Any application to the Commissioners to review and 
 rescind or vary any decision or order previousl}' made by 
 them must be made within '28 days after the said decision or
 
 GENERAL ORDERS. 147 
 
 order shall have been communicated to the parties unless the 
 Commissioners think fit to enlarge the time for making such 
 application. 
 
 Appeal. 
 
 42. If either party desire to appeal to a superior court from To a superior 
 the decision of the Commissioners upon any question which, ^o"'"*- 
 in the opinion of the Commissioners, is a question of law, he 
 shall give notice thereof to the other party and to the registrar 
 within 14 days from the time when the decision was commu- 
 nicated to the parties, and shall therein state what the 
 question of law is and express his intention to apply to the 
 Commissioners on a certain day to be therein named (not 
 exceeding 14 days from the date of the notice) to state a case 
 in writing for the opinion of a superior court, to be determined 
 by the Commissioners upon such security being given as they 
 may direct. 
 
 43. If either party desire a re-hearing by all the Commis- To all tlie 
 sioners of any decision or order made by any one or two of Commissioners 
 their number, he shall give notice thereof to the other party two of them. 
 and to the registrar within 14 days from the time when the 
 
 decision or order was communicated to the parties, and shall 
 therein express his desire to have the same re-heard wholly or 
 in part, and his intention to apply to the Commissioners on a 
 certain day to be therein named (not exceeding 14 days from 
 the date of the notice) to re-hear the same, siDecifying the 
 questions upon which he requires such re-hearing. 
 
 Interlooutory Applications. 
 
 44. Interlocutory applications may be heard by the Com- How heard, 
 missioners upon summons duly served on the person called 
 
 upon to answer the application, and may be determined in a 
 summary way. Evidence in such cases may be given by 
 affidavit, but the Commissioners may order the attendance 
 for cross-examination of the person making any such affi- 
 davit. 
 
 Affldamts. 
 
 45. Affidavits shall be confined to such facts as the witness How framed, 
 is able of his own knowledge to prove, except on interlocutory 
 motions, on which statements as to his belief with the grounds 
 
 thereof may be admitted. The cost of every affidavit which 
 shall unnecessarily set forth matters of hearsay or argumenta-
 
 148 
 
 GENERAL ORDERS. 
 
 Filing of affi- 
 davits, ice. and 
 {giving othee 
 copies. 
 
 How com- 
 puted. 
 
 What ilays to 
 be excluded. 
 
 Tlie hours and 
 days when 
 open. 
 
 tive matter or copies of or extracts from documents shall be 
 paid by the party using or filing the same. 
 
 40. Affidavits left with the registrar or used before the 
 Commissioners shall be filed in their office, and applications, 
 answers, and replies, together Avith documents left therewith 
 at the said office, shall also be there filed, and office copies of 
 the same shall be given by the registrar upon request of the 
 parties. 
 
 Comjmtation of Time. 
 
 47. In all cases in which any particular number of days, 
 not expressed to be clear days, is prescribed by this Act or by 
 these orders, the same shall be reckoned exclusively of the 
 first day and inclusively of the last day, unless the last day 
 shall happen to fall on a Sunday, Christmas Day, or Good 
 Friday, or a day appointed for a public fast or thanksgiving, 
 in which case the time shall be reckoned exclusively of that day 
 also. 
 
 48. The days between Thursday next before and the Wed- 
 nesday next after Easter Day and Christmas Day, and the 
 three following days, shall not be reckoned or included in any 
 proceedings under this Act. 
 
 Be'jlstrar's Office when Open. 
 
 49. The registrai-'s office shall be open from ten o'clock in 
 the forenoon till five o'clock in the afternoon daily, except 
 between the 10th day of August and the 1st day of October 
 in any year after the year 1873, when it is to be open from 
 eleven in the forenoon till two in the afternoon, and except 
 on Good Friday, Easter Eve, Monday and Tuesday in Easter 
 Week, Christmas Day, and the three following days, the 
 Queen's birthday, and Whit Monday and Whit Tuesday, when 
 the office shall be closed. 
 
 Adjourtiment. 
 
 Power of Ccm- 50. The Commissioners may from time to time adjouim any 
 missioners to pi-Qccedings before them. 
 
 adjourn. » ° 
 
 Amendment. 
 
 Powor of Com- ."> 1 . The Commissioners may at any stage of the proceedings 
 
 mismouers to ^llow them to be amended, or may order to be struck out any 
 amend. , . i. i i i 
 
 matters which may tend to prejudice, embarrass, or delay the
 
 GENERAL ORDERS. 149 
 
 fair liearing of tlie case, and- all such amendments shall be 
 made as may be necessary for the purpose of determining the 
 real questions in controversy between the parties. 
 
 Fonnal Objections. 
 
 62. !N"o proceedings under this Act shall be defeated by any Not to prevail. 
 formal objection. 
 
 Commissioners acting separately. 
 
 53. The Commissioners may exercise their jurisdiction by In what cases, 
 any one or two of their number in cases under ss. 8, 9, and 
 
 19 of this Act, and on the hearing of applications for leave 
 to issue a summons, and on all interlocutory applications. 
 
 Practice of Superior Courts of Law, tvhen applicable. 
 
 54. In any case not expressly provided for by this Act or by Discretion of 
 these orders, the general principles of practice in the superior [^°'"™es^j'°°'^'^^ 
 courts of law may be adopted and applied at the discretion of expressly pro- 
 the Commissioners to proceedings before them. v\<leA for. 
 
 Tahle of Fees. 
 
 55. The fees, a table whereof is in the schedule hereunto What fees may 
 annexed, may be demanded and taken in respect of the pro- ^^ taken, 
 ceedings before the Commissioners. 
 
 FREDERICK PEEL. 
 H. T. J. MACNAMARA. 
 W. P. PRICE. 
 
 August 29, 1873. 
 
 Approved, 
 Selbokne, C.
 
 150 
 
 SCHEDULE. 
 
 [As to the 
 general form 
 of apjdication, 
 See General 
 Order No. '2.] 
 
 [Ab to the 
 S]>ecial forms 
 of ajiplication 
 under tin; 
 8everal sec- 
 tions of the 
 Act, see Gene- 
 ral Ord.rR, 
 N OS. 3-15;.] 
 
 I. FOKMS. 
 
 No. 1. Application. 
 „ 2. Receipt of Registrar 
 
 for Application. 
 „ 3. "Writ of Summons. 
 
 No. 4. Answer. 
 „ 5. Reply. 
 
 „ 6. Warrant of Commit- 
 ment for Contempt. 
 
 The forms of proceedings contained in this schedule may 
 be used in the cases to which they are applicable, with such 
 alterations as the circumstances of the case may render 
 necessary, but any variance therefrom, not being in matter of 
 substance, shall not affect their Validity or regularity. 
 
 No. 1. AiipJicaiion. 
 The Regulation of Railways Act, 1873. 
 In the matter ^ ^. U. states that 
 
 of the application of /I. Jj. f -• 
 against r" ^' 
 
 Tlie Company. J 2. 
 
 And the said A.B. applies to the Railway Commissioners 
 under the above-mentioned Act for a Summons calling upon 
 the said company to show cause why [here state concisely the 
 nature of the application, as, for example, thus] a Writ of 
 injunction should not issue against them pursuant to the said 
 Act enjoining them to desist from giving any undue prefer- 
 ence to themselves or other persons in the carrying or in the 
 collecting, carrying, and delivering, for themselves or other 
 persons, of goods and parcels, or in their charges for the same 
 over the said A.B . in the carrying of such goods and parcels 
 for him, and enjoining the said company not to subject him to 
 any undue prejudice in respect thereof. 
 
 Dated this day of 
 
 \_Indor8ement.'] 
 This Application is made by A.B. of 
 
 187 . 
 
 Signed, A. B. 
 
 (stating 
 
 addi-ess and occupation, and if there bo an attorney in the
 
 schedule: — FORMS. 151 
 
 matter) by G.D. of (and if he bo agent for the 
 
 attorney) as agent for E. F. of attorney for the 
 
 said A.B. 
 
 No. 2, Beceipt hy Begistrar of Application. 
 
 The Regulation of Railways Act, 1873. 
 
 Id the matter '^ Received on the day of 
 
 oftheapptotionof^.B. f -^g^ ^ ^^ ^-^^ ^^^^ ^^ ^-^^ Railway 
 
 The ° Company. j Commissioners an application by yl. B. 
 against the Company 
 
 purporting to be signed by (insert the name of applicant and 
 if documents be left with the application), and also the follow- 
 ing documents, that is to say (enumerating them). 
 
 C. D., Registrar. 
 
 No. 3. Writ of Summons. 
 
 The Regulation of Railways Act, 1873. 
 
 In the matter \ To the Company, 
 
 of the app[J;f^twn of .4. B. { jj^^^ ^^^ application of A. B. 
 
 The "company. J We, the Railway Commissioners, 
 command you, that in twenty days 
 from the service of this Writ upon you, you appear at 
 at o'clock in the forenoon, and then and there show 
 
 cause why (following the terms of the application), and take 
 notice that in default of your so doing the Commissioners 
 may hear and determine the said application ex parte. 
 Dated this day of 187 . 
 
 (Sealed.) 
 
 Memorandum. — The said company are within ten days from 
 the service of this Writ to put in their answer to the Applica- 
 tion pursuant to the General Orders made under the Regula- 
 tion of Railways Act, 1873. 
 
 [^Indorsement.'] 
 This Writ is issued by ^. B. of (and if there be an 
 
 attorney) by G. D. of (and if sued out as agent for the 
 
 attorney) as agent for E.F. of attorney for the 
 
 said^.S.
 
 152 SCHEDULE : — FORMS. 
 
 No. 4. Afisiver. 
 
 The Regulation of Railways Act, 1873. 
 
 In the matter \ The Compan\- in answer to 
 
 of the application of --l. ii. f .i i- .• n / 7> , , ,i , 
 
 against f ^^^ application oi A. B. state that, — 
 
 The Company. J !• 
 
 2 
 
 Dated this day of 187 . 
 
 Sealed, 
 Signed, 
 
 \_Indorseme7it.'^ 
 This answer is made on behalf of the said Company by C. D. 
 of , who is acquainted with the facts stated therein. 
 
 The attorney for the said Company is E. F. of 
 
 No. 5. Reply. 
 The Regulation of Railways Act, 1873. 
 In the matter ^ The" said A. B ., in reply to the 
 
 ot the application ol .1. B. f „ ,, ., ^ *L 
 
 against f answer of the said Company 
 
 The Company. J states that, — 
 
 1. 
 
 2. 
 
 And the said A.B. admits that 
 Dated this day of 187 . 
 
 Signed, 
 
 No. 6. Warrant of Commitment for Contempt. 
 The Regulation of Railways Act, 1873. 
 In the matter \ XJpon the hearing of this application 
 
 of the application of --l.JS. f ,7 i /• 10-7 
 
 against Y ou the day of 187 , at 
 
 The Company. j before the Railway Com- 
 
 missioners (or C. v. one of the Rail- 
 way Commissioners) sitting in open court pursuant to the 
 above-mentioned Act. 
 
 Whereas A. B. has this day been guilty, and is by the said 
 Commissioners (or the said C. D. being such Commissioner as 
 aforesaid) adjudged to be guilty of contempt of them (or him)
 
 SCHEDULE: — FEES. 153 
 
 sitting in open court as aforesaid. The said Commissioners 
 do (or the said G. D. does) thereupon sentence the said A. B. 
 for his said contempt to be imprisoned in the Gaol 
 
 for , and to pay to our Lady the Queen a fine of £ , 
 
 and to be further imprisoned in the said Gaol until the said 
 fine be paid. And the Commissioners further order (or the 
 said G. D. further orders) that the Sheriff" of the said County 
 [or as the case may be], and all constables and officers of the 
 peace of any county or place where the said A.B. may be 
 found, shall take the said A.B. into custody and convey him 
 to the said Gaol, and there deliver him into the custody of 
 the Gaoler thereof to undergo his said sentence. And the 
 Commissioners further order (or the said G. D. further orders), 
 the said gaoler to receive the said A. B. into his custody, and 
 that he shall be detained in the said gaol in pursuance of the 
 said sentence. 
 
 Signed this day of , 187 . 
 
 Approved, FREDERICK PEEL. 
 
 Selborne, C. H. T. J. MACJSTAMARA. 
 
 W. P. PRICE. 
 
 SCHEDULE. 
 
 II. — Table of Fees. 
 
 Appointed by the Commissioners with the concurrence of the 
 Treasury to be taken in relation to the proceedings before 
 the Commissioners. 
 
 £ s. d. 
 Receiving and filing every application and answer 
 
 respectively . . . . . .10 
 
 Receiving and filing every reply, affidavit, or other 
 
 proceeding . . . . . . .026 
 
 Note. — No extra charge is to be made for 
 documents that may accompany any appli- 
 cation, answer, or reply, or any affidavit. 
 Every appointment for hearing . . . .026 
 
 Writ of summons . . . . . .050
 
 £ 
 
 s. d. 
 
 
 
 5 
 
 
 
 2 G 
 
 10 
 
 
 
 2 
 
 G 
 
 
 
 2 
 
 G 
 
 1 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 10 
 
 
 
 3 
 
 3 
 
 
 
 154 NOTICE UNDER PUBLIC OFFICES FEES ACT, 1866. 
 
 Every summons upon interlocutory proceedings 
 Every order made thereon ... 
 
 Attendance by counsel on interlocutory proceed 
 
 ings, each side ..... 
 Every order for attendance of witnesses made at 
 
 request of the parties or either of them 
 Every subpoena . . . . • 
 
 Every commission to take evidence 
 Every hearing not in the nature of an interlocutory 
 
 proceeding or of an arbitration 
 Every special case ..... 
 If settled by the Commissioners 
 Every hearing in the nature of an arbitration under 
 Ss. 8, 9, and 19 of the Regulation of Railways 
 Act, 1873. 
 Each day or part of a day . . . . . 
 
 In all cases, whether in the nature of an 
 arbitration or otherwise, if there be an as- 
 sessor his charge is to be added to the 
 hearing fee. 
 N'ote. — The fee for the hearing in the nature 
 of an arbitration and the assessor's charge 
 is to be paid on each day by the party 
 whose case is then being heard, unless the 
 Commissioners othei"wise order. 
 For every decision in the nature of an award under 
 Ss. 8, 9, and 19 of the said Act . . . 
 
 Office copies of proceedings, per folio . 
 
 Note. — Copies of plans, sections, &c. to be paid 
 for by the party requiring them according 
 to the actual cost. 
 
 15 15 
 
 Notice under the " Plhblic Offices Fees Act, 18G6," 
 AS TO Patment op Fees by Stamps. 
 
 The Lords Commissioners of Her Majesty's Treasury, in pur- 
 suance of the provisions of the said Act, here])y declare and 
 direct that from and after the 15th day of October, 1873, the
 
 NOTICE UNDER PUBLIC OFFICES FEES ACT, 1866. 155 
 
 fees payable in the olfice of the Railway Commissioners or to 
 the officers thereof shall be collected by means of stamps. 
 And in pursuance of the provisions aforesaid they farther 
 declare and direct that Impressed Stamps only shall be used, 
 and that such stamps shall be impressed on a fee paper where 
 the fee is payable for : — 
 
 Receiving and filing every application and answer respec- 
 tively : 
 
 Receiving and filing every reply, affidavit, or other pro- 
 ceeding : 
 
 Every appointment for hearing : 
 
 Attendance by counsel or interlocutory proceedings : 
 
 Every hearing not in the nature of • an interlocutory pro- 
 ceeding or of an arbitration : 
 
 Every hearing in the nature of an arbitration under sections 
 8, 9, 19 of the Regulation of Railways Act, 1873, each day 
 or part of a day : 
 
 For every decision in the nature of an award under sections 
 8, 9, 19 of the said Act. 
 
 In all other cases in pursuance of the provisions of the 
 said Act, the stamp will be impressed on the document in 
 respect of which the fee is payable. 
 
 The Railway Commissioners or their Registrar may in any 
 case in which through mistake, the stamp upon a fee paper or 
 document has not been legitimately used, certify thereon that 
 such stamp is a fit subject for allowance ; and it shall be com- 
 petent to the Commissioners of Inland Revenue upon the 
 production of the stamp with such certificate to allow the 
 amount thereof. 
 
 The Railway Commissioners, or their Registrar, shall on or 
 before the 30th day of April in each year make out an account 
 of all stamps used in their office and shall render such account 
 to the Lords Commissioners of Her Majesty's Treasury ; and 
 the first of such accounts shall be for the period ended 31st 
 March, 1874, and the second and subsequent accounts for 
 each year thereafter ended 31st March. 
 
 The Commissioners of Inland Revenue may authorize dis- 
 tributors of stamps and other persons to sell the stamps above 
 referred to.
 
 156 
 
 1 it 2 VICT. C. XCVIII. 
 
 111. Form op Certificate op Board op Trade (Schedule II. 
 OP " Railways Construction Facilities Act, 18G4") . 
 
 Certificate of the Board of Trade for tlao construction of a 
 railway. 
 
 Whereas the promoters of the Railway have con- 
 
 tracted for the purchase of the lands required for the railway 
 and the works connected therewith, and have complied with 
 the requirements of " The Railways Construction Facilities 
 Act, 1864." 
 
 Now therefore the Board of Trade do by this their certificate, 
 in pursuance of the said Act, and by virtue and in exercise of 
 the powers thereby in them vested, and of every other power 
 enabling them in this behalf, certify as follows : 
 
 {Here are to folloio the irrovisions of the certificate sJimoing 
 the poivers conferred and the terms and conditions (if any) 
 imposed.) 
 
 (Signed) C. D., 
 
 Secretary to the Board of Trade. 
 
 The Board of Trade, AVhitehall, 
 Dated this day of 
 
 Postmaster 
 general may 
 require rail- 
 way companies 
 to convey the 
 mails. 
 
 IV. 1 & 2 Vict. Cap. xcviii. 
 
 An Act to provide for the Gonveijance of the Mails by 
 Hallways. [14th August, 1838.] 
 
 WHEREAS it is expedient that provision should be made 
 by law for the conveyance of the mails by railways 
 at a reasonable rate of charge to the public : Be it enacted 
 by the Queen's most Excellent :Majesty, by and with the 
 advice and consent of the lords spiritual and temporal, and 
 commons, in this present parliament assembled, and by the 
 authority of the same, that in all cases of railways already 
 made or in progress or to be hereafter made within the united 
 kingdom, by which passengers or goods shall be conveyed in 
 or upon carriages drawn or impelled by the power of steiim, 
 or by any locomotive or stationary engines, or animal or other 
 power whatever, it shall be lawful for the postmaster general,
 
 1 & 2 VICT. c. xcviri. 
 
 157 
 
 by notice in writing under his hand delivered to the company 
 of proprietors of any such railway, to require that the mails 
 or post letter bags shall from and after the day to be named 
 in any such notice (being not less than twenty-eight days 
 from the delivery thereof) be conveyed and forwarded by such 
 company on their railway, either by the ordinary trains of 
 carriages, or by special trains, as need may be, at such hours 
 or times in the day or night as the postmaster general shall 
 direct, together with the guards appointed and employed by 
 the postmaster general in charge thereof, and any other 
 officers of the post office ; and thereupon the said company 
 shall, from and after the day to be named in such notice, at 
 their own cost, provide sufficient carriages and engines on 
 such railways for the conveyance of such mails and post letter 
 bags to the satisfaction of the postmaster general, and receive, 
 take up, carry, and convey, by such ordinary or special trains 
 of carriages or otherwise, as need may be, all such mails or 
 post letter bags as shall for that purpose be tendered to them, 
 or any of their officers, servants, or agents, by any officer of 
 the post office, and also receive, take up, carry, and convey, 
 in and upon the carriages carrying such mails or post letter 
 bags, the guards in charge thereof, and any other officers of 
 the post office, and shall receive, take up, deliver, and leave 
 such mails or post letter bags, guards, and officers at such 
 places in the line of such railway, on such days, at such hours 
 or times in the day or night, and subject to all such reasonable 
 regulations and restrictions as to speed of travelling, places, 
 times, and duration of stoppages, and times of arrival, as the 
 postmaster general shall in that behalf from tune to time order 
 or direct ; provided always, that the rate of speed to be re- 
 quired shall in no case exceed the maximum rate of speed pre- 
 scribed by the directors of such railway or railways for the 
 conveyance of passengers by their first-class trains ; but that 
 no alteration in the rate of speed of any train by Avhich the 
 mails shall be conveyed shall be m.ade until six calendar 
 months previous notice shall be given to the postmaster 
 general of any such intended alteration. 
 
 II. And be it enacted, that it shall be lawful for the post- 
 master general (if he shall see fit) to require that the whole 
 of the inside of any carriage used on any railway for the con- 
 veyance of mails or post letter bags shall be exclusively 
 appropriated for the purpose of carrying the mails. 
 
 If required, 
 carriage to 
 be applied ex- 
 clusively to 
 sucli convey- 
 ance.
 
 158 
 
 1 &. 2 VIC. c. xcviii. 
 
 Railway 
 
 c'oinjianv, if 
 rtijiiirt'tl, to 
 jirovide sepa- 
 rate carriage 
 tor sorting 
 letters. 
 
 Postmaster 
 fijeneral may 
 direct mails to 
 be carried on 
 railway in mail 
 coaches in lieu 
 of comj)anj'8 
 carriajfes. 
 
 Railway roiii- 
 (lanics t(i til- 
 subject to 
 directidfiR of 
 I»ost-ottice 
 resjx'cting con- 
 veyance of 
 inaiU. 
 
 III. And be it eiiactctl, that the company of proprietors of 
 any such railway shall, on being required so to do by the 
 postmaster general, provide and furnish (in addition to the 
 carriages aforesaid) a separate carriage or separate carriages, 
 fitted up as the postmaster general, or such person as he shall 
 nominate in that behalf, shall direct, for the purpose of sorting 
 letters therein, and shall forward the same carriage or carriages 
 by their railway, at such hours or times, and subject to all 
 such reasonable regulations as aforesaid, as the postmaster 
 general shall in that behalf order or direct ; and such company 
 of proprietors shall receive, take up, carry, and convey in any 
 such last-mentioned carriage or carriages all such post letter 
 bags aud officers of the post ofiice as the postmaster general 
 shall reasonably require, and shall deliver and leave any post 
 letter bags aud officers of the post office at such places on the 
 line of the railway as the postmaster general shall in that 
 behalf from time to time reasonably order and direct. 
 
 IV. And be it enacted, that in case the postmaster general 
 shall at any time be desii'ous of sending by any such railway 
 any of Her Majesty's mail coaches or mail carts, with the 
 mails or post letter bags and guards thereof, and carriages 
 for sorting letters, with any officers of the post office therein, 
 instead of sending the said mails or post letter bags, guards, 
 and officers of the post office by carriages to be provided by 
 such railway company as aforesaid, then and in an}- such case 
 such railway company shall, at the request of the postmaster 
 general, signified by such notice as aforesaid, cause such mail 
 coaches or mail carts, with the mails or post letter bags and 
 guards thereof, and carriages for sorting letters, vs^ith any 
 officers of the post office therein, to be conveyed by the usual 
 or proper trucks or frames on their said railway, subject to 
 such regulations and restrictions of the postmaster general 
 as herein-l)efore mentioned. 
 
 V. And be it enacted, that for the greater security of the 
 mails or post letter bags so to be carried or conveyed by 
 railways the company of proprietors of such respective railways 
 along which such mails or post letter bags, mail coaches, or 
 carts and carriages for sorting letters shall be so required by 
 the postmaster general to be conveyed, and their respective 
 officers, servants, and agents, shall obey, observe, and perform 
 all such reasonable regulations res])ecting the conveyance, 
 deliverin2", and leaving of such mails and post letter bags,
 
 1 & 2 VIC. c. xcviii. 159 
 
 guards, and officers of the post office, mail coaches, or carts 
 
 and carriages, on any such railways, or on the line thereof, as 
 
 the postmaster general, or such officer of the post office as he 
 
 shall nominate in that behalf, shall in his discretion from time 
 
 to time give or make : provided always, that it shall not be 
 
 lawful for any officer or servant of the post office to interfere 
 
 with or give orders to the engineer or other person having 
 
 the charge of any engine upon any railway along which mails 
 
 or post letter bags shall be conveyed .; but if any cause of 
 
 complaint shall arise the same shall be stated to thecondactor 
 
 or other officer of the railway company having charge of the 
 
 train, or to the chief officer at any station upon the railway ; 
 
 and in case of any default or neglect on the part of any officers 
 
 or servants of the railway company to comply with any of 
 
 the regulations of the postmaster general or other officer of 
 
 the post office so to be nominated as aforesaid, the railway 
 
 company shall be wholly responsible for the same. 
 
 VI. And be it enacted, that every company of proprietors of Remuneration 
 
 any railway alona: which such mails or post letter bags, mail to railway com- 
 '' , ■' ° . 1,11 -Till i panies lor con- 
 
 coaches, carts, or carriages shall be so required by the post- yeyance of 
 
 master general to be conveyed, shall be entitled to such mails. 
 reasonable remuneration to be paid by the postmaster general 
 to any such company of proprietors for the conveyance of such 
 mails, post letter bags, mail guards, and other officers of the 
 post office, mail coaches, carts, and carriages, in manner 
 required by such postmaster general, or by such officer of the 
 post office as he shall in that behalf nominate as aforesaid, as 
 shall (either prior to or after the commencement of such 
 service) be fixed and agreed on between the postmaster 
 general and such company of proprietors, or in case of difier- 
 ence of opinion between them then as shall be determined by 
 arbitration as hereinafter provided, but so that the services 
 which may be required by the postmaster general, or by such 
 officer of the post office as he in that behalf shall nominate as 
 aforesaid, to be performed by any such company of proprietors, 
 be not suspended, postponed, or deferred by reason of such 
 remuneration not having been then fixed or agreed on between 
 the said postmaster general and such company of pro- 
 prietors, or by reason of the award on any reference to 
 arbitration to determine the remuneration not having been 
 then made. 
 
 VII. And be it enacted, that notwithstanding any agreement A greempnts
 
 160 
 
 1 c^- 2 VIC. c. xcviii. 
 
 between 
 postmaster 
 general and 
 railway com- 
 panies as to 
 amount of re- 
 muneration, 
 A:c., may be 
 altered. 
 
 Postmaster 
 general may 
 termmat^ 
 services of 
 railway com- 
 panies on 
 notice ; 
 
 entered into between the postmaster general and any such 
 company, or any award to be made on aiiy such reference as 
 aforesaid, fixing the amount of remuneration to be paid to 
 such company for any services to be rendered by them as 
 aforesaid, it shall be lawful and competent to and for the 
 postmaster general, by notice in writing, to require, from and 
 after the day to be named in any such notice, not being less 
 than twenty-eight days from the delivery thereof, any addi- 
 tion to be made to the services in respect of which such 
 agi-eement shall be entered into or award made ; and in any 
 such case, and also in case of a discontinuance of any part of 
 such services as hereinafter provided, a fresh agreement shall 
 be entered into between the postmaster general and such 
 company, regulating the future amount of remuneration to be 
 paid by the postmaster general to such company for such 
 increased or diminished services, as the case may be ; or if 
 the parties cannot agree on such amount the same shall be 
 refeiTcd to arbitration in like manner as hereinbefore is men- 
 tioned and hereinafter provided as to any original agreement ; 
 and such arbitrators shall have power to award any compen- 
 sation they may consider reasonable to be paid to any railway 
 company for any loss that may have been occasioned to them 
 by the discontinuance or alteration of the services previously 
 agreed to be performed by them by any train or carriage 
 specially required by the postmaster general to be forwarded 
 for the conveyance of the mails, but so that nevertheless such 
 increased or diminished services shall not be suspended, 
 postponed, or deferred by reason of the amount of such in- 
 creased or diminished remuneration not having been then 
 fixed or agreed on between the postmaster general and such 
 company of proprietors, or by reason of the award on any 
 reference to arbitration to determine the amount of such in- 
 creased or diminished remuneration not having been then 
 made. 
 
 VIII. .(Vnd be it enacted, that it shall be lawful for the 
 postmaster general and he is hereby authorized, at any time 
 during the continuance of the services of any company of 
 proprietors as aforesaid, to give to such company, by waiting 
 under his hand, six calendar months previous notice that such 
 services or any part thereof shall cease and determine ; and 
 thereupon, at the expiration of such six calendar months 
 notice, the said services, or such part thereof as aforesaid.
 
 1 & 2 VIC. c. xcviii. 
 
 161 
 
 and the remuneration for the same, shall cease and deter- 
 mine. 
 
 IX. And bo it enacted, that it shall be lawful for the Post- 
 master-General at any time during the continuance of the 
 services of any company of proprietors as aforesaid, by notice 
 in writing under his hand, absolutely to determine and jiut 
 an end to the same or any part thereof, without giving any 
 previous notice, or on giving any notice less than six calendar 
 months in respect thereof, and thereupon the said services 
 shall cease and determine accordingly : provided nevertheless, 
 that in case the Postmaster- General shall, without giving six 
 calendar months' notice as aforesaid, at any time determine 
 the services to be required by the Postmaster- General of any 
 company of proprietors, or any part of such services, without 
 any cause whatever, or for any cause other than the default 
 by such company of proj^rietors in the performance of any of 
 the services to be required of them by the Postmaster- General, 
 or the breach by such company of proprietors of any of their 
 engagements with the Postmaster- General, then and in any 
 such case the Postmaster- General shall make to such company 
 a full and fair compensation for all loss thereby occasioned; 
 the amount whereof in case the parties differ about the same 
 shall be ascertained by arbitration as hereiaafter mentioned. 
 
 X. And be it enacted, that on all carriages to be provided 
 for the service of the Post Office on any such railway there 
 shall on the outside be painted the royal arms, in lieu of the 
 name of the owner and of the number of the carriage, and of 
 all other requisites, if any, prescribed by law in respect of 
 carriages passing on any such railway ; but the want of such 
 royal arms on any carriage belonging to or used by the Post 
 Office shall not form an objection to such carriage running on 
 any railway, anything to the contrary notwithstanding. 
 
 XI. And be it enacted, that it shall not be competent or 
 lawful to or for the company of proprietors of any railway to 
 make any bye-laws, orders, rules, or regulations which shall 
 militate against or be contrary or repugnant to any of the 
 enactments herein contained ; and that if any company of 
 proprietors shall make or shall have made any such bye-laws, 
 orders, rules, or regulations, either prior or subseqixently to 
 the Postmaster- General signifying to the said company his 
 intention that the mails or post letter bags, mail coaches, 
 carts, or carriages shall be conveyed by such railway, all such 
 
 or may termi- 
 nate services of 
 railway com- 
 panies without 
 notice, subject 
 to certain con- 
 ditions. 
 
 Royal arms 
 to be painted 
 on engines 
 or carriages 
 provided for 
 the service of 
 the Post Office. 
 
 Bye-laws of 
 railway com- 
 panies not to 
 be repugnant 
 to ])rovisions 
 of Act. 
 
 M
 
 162 
 
 1 & 2 VIC. c. xrviii. 
 
 Penalty for 
 rcfusinfj or 
 neo:lecting to 
 convey mails. 
 
 PoBtmaster- 
 Genenil may 
 require rail- 
 way coiiij)anie8 
 to pivt; security 
 by bond. 
 
 bye- laws, orders, rules, and reflations, so for as they shall 
 militate ajj^ainst or be contrary or repugnant to any of the 
 enactments herein contained, shall be and be deemed abso- 
 lutely void and of no effect, in like manner as if such bye- 
 la\YS, orders, rule.", or regulations had never been made or 
 passed, anything to the contrary in anywise notwithstanding. 
 XII. And be it enacted, that if the company of proprietors 
 of any railway, or any of their respective officers, servants, or 
 agents, shall refuse or neglect to carry or convey any mails 
 or post letter bags, when tendered to them for such purpose 
 by the Postmaster-General or any officer of the Post Office, 
 or shall refuse to carry on their railway any mail coaches, 
 carts, or carriages as hereinbefore provided, when so required 
 by the Postmaster-General, or shall refuse or neglect to re- 
 ceive, take up, deliver, and leave any such mails or post 
 letter bags, mail guards, or other officers of the Post Office, 
 mail coaches, carts, or carriages, at such places, at such 
 times, on such day.s, and subject to such regulations and 
 restrictions as to speed of travelling, places, times, and dura- 
 tion of stoppages, as the Postmaster- General shall from time 
 to time reasonably direct or appoint, as hereinbefore pro- 
 vided, or shall not obey, observe, and perform all such regu- 
 lations respecting the conveyance of the mails and post letter 
 bags, mail coaches, carts, and carriages on any such railways 
 as the Postmaster-General, or such oflicer of the Post Office 
 as he shall nominate in that behalf shall make for the pur- 
 poses aforesaid, then and in any such case the company of 
 proprietors who, or whose officer, servant, or agent, shall so 
 offend ia the premises, shall for every such offence forfeit and 
 pay a sum not exceeding twenty pounds ; provided never- 
 theless, that the payment of or liability to such penalty shall 
 not in any manner lessen or affect the liability of any such 
 company under any bond which may have been given by 
 them under the provisions hereinafter contained. 
 
 XIII. And be it enacted, that it shall be lawful for the 
 Postmaster- General, if he shall so think fit, to require the 
 company of proprietors of any railway already made or 
 in progress or to bo hereafter made within the United 
 Kingdom to give security by bond to Her ^Majesty, her heirs 
 and successors, conditioned to Ijc void if such company shall 
 from time to time carry or convey, or cause to bo carried or 
 conveyed, all such mails or post letter l)ags, mail guards, and
 
 1 & 2 VIC. c. xcviii. 
 
 1G3 
 
 other officers of the Post Office, mail coaches, carts, and 
 carriages in manner hereinbefore mentioned, when thereunto 
 required by the Postmaster- General, or any officer of the 
 Post Office duly authorized for that purpose, and shall re- 
 ceive, take up, deliver, and leave all such mails or post letter 
 bags, guards and officers, mail coaches, carts, and carriages, 
 at such places, at such times, on such days, and subject to 
 such regulations and restrictions as to speed of travelling, 
 places, times, and duration of stoppages, as hereinbefore men- 
 tioned, and shall obey, observe, and perform all such regula- 
 tions respecting the same as the Postmaster- General shall 
 reasonably make, and shall well and truly do and perform, 
 and cause to be done and performed, all such other acts, 
 matters, and things as by this Act are required or directed 
 to be done or performed 'by or on the part or behalf of such 
 company, their officers, servants, and agents ; and every such 
 bond shall be taken in such sum and in such form as the 
 Postmaster- General shall think proper ; and every such secu- 
 rity shall be renewed from time to time whenever and so 
 often as such bond shall be forfeited, and also whenever and 
 so often as the Postmaster- General shall ia his discretion 
 requii^e the same to be renewed ; and if any company of pro- 
 prietors of any such railway as aforesaid shall, when so re- 
 quired as aforesaid, refuse or neglect, for the space of one 
 calendar month next after the delivery of any notice for such 
 purpose to them given by or from the Postmaster- General, to 
 execute to Her Majesty, her heirs and successors, such bond 
 to the effect and in manner aforesaid, or shall at any time 
 refuse or neglect to renew such bond whenever and so often 
 as the same shall by or in pursuance of this Act be required 
 to be renewed, such company of proprietors shall forfeit one 
 hundred pounds for every day during the period for which 
 there shall be any refusal, neglect, or default to give or renew 
 such security as aforesaid, after the expiration of the said one 
 calendar month. 
 
 XIV. Provided always, and be it enacted, that in all cases 
 in which any railway or part of a railway may previous to 
 the passing of this Act have been demised or let by the com- 
 pany of proprietors thereof, the body corporate or company, 
 or other persons to whom the same shall have been so de- 
 mised or let, their successors, executors, administrators, or 
 assigns, shall during the continuance of such lease be liable 
 
 Lessees of 
 railway, not 
 being a body 
 corporate or 
 company, not 
 to be required 
 to give security 
 by bond above 
 £1,000.
 
 164 
 
 1 & 2 VIC. c. xcviii. 
 
 Seiricc of 
 notices. 
 
 For settling 
 difterences 
 between 
 Postmaster- 
 CJi-neral and 
 railway com- 
 panies in 
 certain cases. 
 
 Railroad com- 
 ]>anie8, after 
 contracts have 
 existed for a 
 certain jx-riod, 
 may refer them 
 to arbitrators 
 to deciile as 
 to their con- 
 tinuance. 
 
 to all the provisions of this Act for or in respect of such rail- 
 way or part of a railway, in lieu of such company of pro- 
 priettjrs, but so that such lessees (not being a body corporate 
 or company), their executors, administrators, or assigns, shall 
 not be required in respect of any such railway or part of a 
 railway to give security under the foregoing enactment to 
 any amount in any one bond exceeding the sum of one thou- 
 sand pounds, and shall not in any ono year be liable in 
 damages to be recovered upon any bonds which Ihc}' may 
 have given to any amount exceeding the sum of one thousand 
 jx)unds and costs of suit. 
 
 XV. And be it enacted, that all notices under the provi- 
 sions of this Act by or on behalf of the Postmaster- Greneral 
 to any company of proprietors of any railway as aforesaid 
 shall be considered as duly served "on any company of pro- 
 prietoi-s in case the same shall be given or delivered to any 
 one or more of the directors of such company, or to the 
 secretary or clerk of such company, or be left at any station 
 belonging to such company. 
 
 XVI. And be it enacted, that in all cases in which the Post- 
 master-General and any company of proprietors of any 
 railway shall not be able to agree on the amount of remune- 
 ration or compensation to be paid by the Postmaster-General 
 to such company of projirietors for any services performed or 
 to be performed by them as hereinbefore mentioned, the same 
 shall be rcfeiTcd to the award of two persons, one to be 
 named by the Postmaster-General, and the other by such 
 company ; and if such two persons cannot agree on the 
 amount of such remuneration or compensation, then to the 
 umpirage of some third person, to be ap2)ointed by such two 
 first-named persons previously to their entering upon the 
 in(piiry ; and the said award or umpirage, as the case may 
 be, shall be binding and conclusive on the said parties, and 
 their respective successors and assigns. 
 
 XVII. And be it enacted, that after any contract entered 
 into or award made under the autliorily of this Act shall have 
 continued in operation for a period of three years, it shall bo 
 competent for any railway company who may consider them- 
 selves aggrieved by the terms of remuneration fixed by such 
 contract or award, by notice under their common seal, to 
 require that it shall be referred to arbitrators to determine 
 whether any and what alteration ought to be made therein ; and
 
 1 & 2 VIC. c. xcviii. 
 
 165 
 
 tliereupon such arbitrators or umpire to be appointed as 
 hereinbefore mentioned shall proceed to inquire into the 
 circumstances, and make their award therein, as in the case 
 of an original agreement : Provided always, that the services 
 performed bj such railway company for the Post Office shall 
 in nowise be interrupted or impeded thereby. 
 
 XVIII. And be it enacted, that in all references to be made 
 under the authority of this Act the Postmaster- General, or 
 the railway company, as the case may be, shall nominate his 
 or their arbitrator within fourteen days after notice from the 
 other party, or in default it shall be lawful for the arbitrator 
 appointed by the party g'iving notice to name the other 
 arbitrator; and such arbitrators shall proceed forthwith in 
 the reference, and make their award therein within twenty- 
 eight days after their appointment, or otherwise the matter 
 shall be left to be determined by the umpire ; and if such 
 umpire shall refuse or neglect to proceed and make his award 
 for the space of twenty-eight days after the matter shall have 
 been referred to him, then a new umpire shall be appointed 
 by the two first-named arbitrators, who shall in like manner 
 proceed and make his award within twenty-eight days, or in 
 default be superseded, and so toties quoties. 
 
 XIX. And be it enacted, that whenever the term " company 
 of proprietors," or " railway company," or " company," is 
 used in this Act, the same shall extend to and be construed 
 to include the proprietors for the time being of any railway, 
 whether a body corporate or individuals, and also (during 
 the continuance of any demise or lease as aforesaid) any 
 person, whether a body corporate or company or individuals, 
 to whom any railway or part of a railway may previous to 
 the passing of this Act have been demised or let, and their 
 successors, executors, administrators, and assigns, unless the 
 subject or context be otherwise repugnant to such construc- 
 tion ; and that the provisions of this Act shall be construed 
 according to the respective interpretations of the terms and 
 expressions contained in an Act passed in the first year of the 
 reign of Her present Majesty, intituled An Act for con- 
 solidating the Laws relative to Offences against the Post Office 
 of the United Kingdom, and for regulating the jiulicial 
 Administration of the Post Offi.ce Laws, and for explaining 
 certain terms and expressions employed in those laivs, so far as 
 those interpretations are not repugnant to the subject or 
 
 Nomination of 
 arbitrators to 
 be within a 
 limited time 
 after applica- 
 tion for re- 
 ferences made. 
 
 Construction 
 of terms. 
 
 1 Vict. c. 36.
 
 166 
 
 7 & 8 VIC. c. Lxxxv. 
 
 Act may be 
 amended or 
 repealed. 
 
 inconsistent with tbo context of such provisions ; and that 
 this present Act shall be deemed and construed to be a Post 
 Office Act mthin the intent and meaning of the said last- 
 mentioned Act ; and the pecuniaiy penalties hereby imposed 
 shall be recovered and recoverable in the maimer and form 
 therein particularly mentioned and expressed with reference 
 to the pecuniary penalties imposed by the Post Office Acts : 
 Provided nevertheless, that any justice of the peace having 
 jurisdiction for any county through which any railway shall 
 pass, in respect of which any penalty or forfeiture under this 
 Act shall have been incurred, shall and may hear and 
 determine any offence against this Act Avhich may subject 
 any company to a pecuniary penalty not exceeding twenty 
 pounds ; and a summons issued under the Post Office Acts 
 by any such justice against any railway company for the 
 recovery of any such penalty shall be deemed to be suffi- 
 ciently served in case either the summons or a copy thereof 
 be delivered to any officer, servant, or agent of such company, 
 or be left at any station belonging to such comjiany. 
 
 XX. And be it enacted, that this Act may be amended or 
 repealed by any Act to be passed in the present session of 
 Parliament. 
 
 Railway com- 
 panies to iiflord 
 additional 
 facilities for 
 the transinis- 
 sion of the 
 mails. 1 &c 2 
 Vict. c. 9B. 
 
 V. — 7 & 8 YlCT. C. LXXXV. 
 
 An Act to attach certain conditions to the Construction of 
 future liaihvays authorized or to he authorized by any 
 Act of the present or succeeding Sessions of Parliament ; 
 and for other purposes in relation to Unihvays. 
 
 [9th August, 1844.] 
 
 XT. And whereas by an Act passed in the second year of 
 the reign of Her ^Majesty, intituled " An Act to provide for 
 the Conveyance of the Mails by Railways," provision was 
 made for the transmission of the mails by railway, and it is 
 expedient that such pro\'ision should be extended ; be it 
 enacted that it shall be lawful for the Postmaster- General to 
 recjuire, in the manner and subject to the conditions as to pay- 
 ment for service jtorformcd prescribed by the said Act, that 
 the mails be forwarded on any such railway as is hereinbefore 
 last mentioned at any rate of speed which the inspector
 
 CANAL TOLLS ACT, 1845. 167 
 
 general of railways for the time being shall certify to be safe, 
 not exceeding twenty-seven miles in the hour, including 
 stoppages ; and it shall be also lawful for the Postmaster- 
 General to send any mail guard with bags not exceeding the 
 weight of luggage allowed to any other passenger (or subject 
 to the general rules of the company for any excess of that 
 weight) by any train other than a mail train upon the same 
 conditions as any other passenger ; provided that in such last- 
 mentioned case nothing herein, or in the last recited Act, 
 contained shall be construed to authorize the Postmaster- 
 General to require the conversion of a j-egular mail train into 
 an ordinary train, or to exercise any control over the company 
 in respect of any ordinary train ; nor shall the company be 
 responsible for the safe custody of any mail bags so sent. 
 
 VI. — 8 & 9 Vict. c. xxviii. 
 
 jin Act to empoioer Canal Companies and t]t,e Goinntls' 
 doners of Navigable Bivers to vary their Tolls, Bates, 
 and Charges on different parts of their Navigations. 
 
 [30th June, 1845.] 
 
 Whereas by divers Acts of Parliament various canal com- 
 panies and the commissioners or trustees of several navigable 
 rivers have been authorized and empowered to levy and receive 
 certain tolls, rates, and charges for the use of their respective 
 canals and navigations, which tolls, rates, and charges are for 
 the most part required to be levied at one uniform rate per 
 ton or per mile throughout the entire length of the said 
 navigations and rivers respectively, without regard to any 
 difference of circumstances which may exist in reference 
 thereto. And whereas by an Act of Parliament passed in this 
 present session, called " The Railways Clauses Consolidation 
 Act, 1845," powers have been given to railway companies to 
 vary the tolls, rates, and charges upon railways, so as to ac- 
 commodate them to the circumstances of the traffic thereon. 
 And whereas greater competition for the public advantage 
 would be obtained if canal companies and the commissioners 
 or trustees of navigable rivers which have already been or 
 may hereafter be from time to time incorporated or established,
 
 168 
 
 CANAL TOLLS ACT, 1845. 
 
 Canal com- 
 panies autlio- 
 rized to vary 
 their tolls or 
 rates on dif- 
 ferent portions 
 of their canals; 
 
 and also, from 
 time to time, 
 to reduce and 
 apaiii advance 
 their tolls or 
 rates. 
 
 or ■which are regulated under the authority of Parliament, 
 ■were to have the like powers granted to them in respect of 
 their several canals and navigations and other works connected 
 therewith ; but such beneficial purposes cannot be effected 
 Avithout the authority of Parliament. Be it therefore enacted 
 by the Queen's most excellent Majesty, by and with the ad^vice 
 and consent of the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the authority of 
 the same, that from and after the passing of this Act, and 
 subject to the provisions and limitations herein contained, it 
 shall be lawful for the company of proprietors of any canal, or 
 for the undertakers, commissioners, or trustees of any naviga- 
 tion or navigable river, already or hereafter to be established 
 or incorporated or which is regulated under the authority of 
 Parliament, or for their respective lessees, committees, direc- 
 tors, or managers, or theii* superintendents, or other agents 
 by them severally authorized, in such manner as may be 
 required by their respective Acts of Incorporation or for 
 regulating such canals or navigations, from time to time to 
 alter or vary the tolls, rates, and ditties granted to them, or 
 by them resj^ectively authorized to be levied and received for 
 the use of their several canals or navigations, or any branches 
 therefrom, or any railways or tramways connected therewith, 
 and made under the authority of such canal or navigation 
 Acts respectively, either upon the whole or upon or for any 
 particular portion or portions of such canals, navigations, 
 branches, railways, or tramways, according to local cu-cum- 
 stances, or the quantity of traflic or otherwise, as they shall 
 think fit, and also from time to time to lower or reduce, and 
 again to raise or advance, such tolls, rates, and duties, and 
 also any tolls or charges by them respectively authorized to 
 be levied and received for any haulage, trackage, or other 
 power sup])lied by them, either upon the whole or upon any 
 particular portion or portions of their said several canals, 
 navigations, branches, railways, and tramways, as to such 
 companies, commissioners, trustees, or lessees, or their com- 
 mittees, directors, managers, or supeiintendents respectively, 
 shall seem fit, any thing in the several Acts of incorporation, 
 or for regulating any such canals or navigations, contained to 
 tlie contrary notwithstanding. Provided always that in no 
 ca.se shall the tolls, lates, duties, aiid charges to be at auy 
 time levied or made \>y any such cuuipauies, commi.ssioners,
 
 CANAL TOLLS ACT, 1845. 
 
 169 
 
 trustees, or lessees, for the use of any such canals, naviga- 
 tions, branches, railways, or tramways, or for the supply of 
 any such haulage, trackage, or other power, exceed the 
 amount which they are by their said several Acts respectively 
 authorized to levy or receive. 
 
 II. Provided always, and be it enacted, that all tolls, rates, 
 and duties for the use of any such canals, navigations, 
 branches, railways, or tramways shall be at all times charged 
 equally to all persons, and after the same rate, whether per 
 mile, or per ton per mile, or otherwise, in respect of all boats, 
 barges, and other vessels of a like description passing along 
 or using the same portion of the said canal, navigation, 
 branches, railways, or tramways respectively, and upon all 
 goods, animals, articles, and thmgs of a like description, and 
 conveyed or propelled in a like boat, barge, or other vessel 
 passing along or using the same portion of the said canal, 
 navigation, branches, railways, or tramways under the like 
 circumstances ; and that all tolls and charges for haulage or 
 trackage or other power, to be supplied by any such company, 
 commissioners, trustees, or lessees, shall be at all times 
 charged equally to all persons, and after the same rate, 
 whether per mile, or per ton per mile, or otherwise, in respect 
 of all goods, animals, articles, and things of a like descrip- 
 tion, and conveyed in a like boat or vessel, drawn or pro- 
 pelled by a like power, and passing along or using the same 
 portion of any such canal, navigation, branches, railways or 
 tramways, under the like circumstances ; and no reduction or 
 advance in any tolls or charges for the use of any such canal, 
 navigation, branches, railways, or tramways, or for the 
 supply of any haulage, trackage, or other power by the said 
 companies, commissioners, trustees, or lessees, shall be made, 
 either directly or indirectly, in favour of or against any 
 particular company or person passing along or using the 
 same portion of such canal, navigation, branches, railways, 
 or tramways. 
 
 III. Provided always, and be it enacted, that this Act 
 shall not apply to any canal or navigation the property 
 wherein is vested in shareholders until a meeting of the 
 shareholders thereof shall have been duly convened, in such 
 manner as meetings are by their respective Acts of incor- 
 poration or settlement required to be called, or are usually 
 called, and it shall have been determined, by a majority of 
 
 Tolls to be 
 cliarj^ed 
 equally to all 
 persons under 
 the like cir- 
 cumstances. 
 
 Act not to 
 apply to ex- 
 isting coiu- 
 jianies until a 
 meeting- of 
 shareholders 
 have deter- 
 mined there- 
 upon, nor in
 
 170 
 
 CANAL TOLLS ACT, 1845. 
 
 other cases 
 until ajiproved 
 b_v trustees or 
 proprietors, 
 and notices 
 thereof duly 
 published. 
 
 Saving rights 
 specifically 
 reserved to 
 canal com- 
 panies and 
 others by ex- 
 isting Acts of 
 I'arliament. 
 
 two-third.s of the votes of the shareholders in such meeting: 
 a.ssembled, either in person or by proxy (where by such Acts 
 of incorporation or settlement voting by proxy is allowed), 
 to adopt the powers hereby granted, and where such naviga- 
 tions are vested in commissioners or trustees, without any 
 body of shareholders or proprietors, until a special meeting 
 of such commissioners or trustees shall have been duly con- 
 vened in such manner as special meetings are by the 
 respective Acts for regulating such navigations required to 
 be called, or are usually called, and it shall have been deter- 
 mined by a majority of such commissioners or trustees in 
 such meeting assembled to adopt the powers by this Act 
 granted, or to any canal or navigation the property wherein 
 is vested in one or more owner or owners, proprietor or pro- 
 prietox'S, unless the owner or o^vners, proprietor or proprietors 
 thereof slnll determine to adopt the powers and provisions 
 hereby granted, nor in either case until public notice of such 
 determination and intention shall have been inserted in the 
 " London Gazette " in respect of canals or navigations in Eng- 
 land or Wales, in the " Edinburgh Gazette" in respect of canals 
 or navigations in Scotland, and in the " Dublin Gazette " in 
 respect of canals or navigation in Ireland, and in some 
 newspaper circulating in the county or counties wherein such 
 caftal or navigation, or some part thereof, shall pass, one 
 month at the least previously to the exercise of such powers, 
 whereupon, or immediately after the expiration of such 
 notice, every such company, and all such commissioners, 
 trustees, or lessees, owners and proprietors, or their respective 
 committees, directors, or managers, or their agents by them 
 duly authorized in manner aforesaid, may from time to time 
 put in force and exercise the said powers or any of them in 
 the manner by this Act authorized. 
 
 IV. Provided always, and be it enacted, that nothing in 
 this Act contained shall be deemed or construed to deprive 
 any canal or navigation company, or the commissioners, 
 trustees, undertakers, or proprietors of any canal, river, or 
 navigation, or the owners, lessees, or occupiers of any lands, 
 collieries, quarries, or other hereditaments adjoining or near 
 to any of such canals or navigations, or the overseers or 
 surveyors of the roads of any parish, township, or hamlet 
 through which any such canal or navigation may pass, of 
 any powers, rights, privileges, exemptions, or advantages
 
 CANAL TOLLS ACT, 1845. 171 
 
 specifically and expressly secured to tliera by any existing 
 Act of Parliament : Provided also, that where by any canal 
 or navigation Act or Acts now passed the tolls, rates, or 
 duties (whether tolls per mile or tolls in gross) upon any 
 description of goods, animals, articles, or things, or upon any 
 boats, barges, or other vessels which shall be navigated, 
 carried, or conveyed along any canal or navigation, or any 
 portion thereof, and which shall pass into, out of, or along 
 any such canal or navigation, or any portion thereof, from, 
 into, or along any other canal or navigation, canals or navi- 
 gations, adjoining or communicating therewith, or any 
 portion thereof, or from or to the junction or junctions with 
 any such adjoining or communicating canal or navigation, 
 canals or navigations, are or shall be specially fixed, deter- 
 mined, or limited, either absolutely, or with reference to the 
 tolls, rates, or duties to be levied or received from time to 
 time on goods, animals, articles, or things, boats, barges, or 
 other vessels passing into, out of, or along such canal or 
 navigation, or any portion or portions thereof respectively, 
 from, into, or along any other adjoining or communicating 
 canal or navigation, canals or navigations, or from or to the 
 junction or junctions with such other adjoining or communi- 
 cating canal or navigation, canals or navigations ; or where in 
 any such Act or Acts any special enactment or provision 
 shall have been inserted for securing a rateable reduction or 
 advance of the i-espective tolls, rates, or duties to be levied or 
 received from time to time on goods, animals, articles, or 
 things, boats, barges, or other vessels, or on goods, animals, 
 articles, or things of the same description, passing over, 
 along, into, or from any canal or navigation, or several and 
 distinct portions of any canal or navigation, into or along 
 two or more adjoining or comm.unicating canals or naviga- 
 tions, or from or to the respective junctions of two or more 
 adjoining or communicating canals or navigations, no altera- 
 tion or variation of the tolls, rates, and duties so specially 
 fixed, determined, or limited, or any or either of them, other 
 than such alterations or variations as are respectively 
 authorized to be made under the several Acts* for regulating 
 such canals or navigations, shall be made under the authority 
 of this Act without the previous consent in writing of the 
 proprietors, trustees, undertakers, or commissioners of the 
 canal or navigation, or of all the several canals or naviga-
 
 172 
 
 CANAL TOLLS ACT, 1845. 
 
 Cflual com- 
 panies subject 
 to a limitation 
 of profits not 
 to raise their 
 dues so as to 
 exceed the 
 maximum of 
 profits. 
 
 \othinp 
 herein to 
 exempt any 
 canal, inc. from 
 any general 
 Act. 
 
 Act may be 
 amended, 6i.c. 
 
 tions, who arc expressly mentioned in snoli special enact- 
 ments or provisions, or of the committee, directors, or 
 managers of the company, trustees, undertakers, or commis- 
 sioners, or respective companies, trustees, undertakers, or 
 commissioners of such canal or navigation, canals or naviga- 
 tions, Avhich consents such companies, trustees, undertakers, 
 and con^missioners, or their respective committees, directors, 
 or managers, are hereby authorized to give, either under 
 their common seals respectively, or under the hand of their 
 respective clerks or secretaries, although any such companies, 
 trustees, or undertakers so consenting may not have adopted 
 the other powers of this Act. 
 
 V. Provided also, and be it enacted, that where in any 
 canal or navigation Act there shall have been inserted any 
 special provision, which shall be still in force and unrejiealed, 
 whereby the amount of the annual dividends, interest, or 
 profits to bo shared or divided amongst the proprietors or 
 shareholders of such canal or navigation shall have been 
 limited not to exceed a certam percentage or amount, and 
 the maximum of such percentage or amount shall have been 
 attained at the time of the passing of this Act, it shall not be 
 lawful for the company of proprietors, trustees, or under- 
 takers of any such canal or navigation to avail themselves of 
 any of the powers of this Act for the purpose of raising or 
 increasing the tojmage rates, tolls, or duties which on the first 
 day of January immediately before the passing of this Act 
 were charged or levied upon any boats, barges, or other 
 vessels carried upon or passing along such canal or naviga- 
 tion, or any part thereof. 
 
 VI. And be it enacted, that nothing herein contained shall 
 be construed to exempt any canal or navigation company 
 who shall adopt the powers of this Act from the operation of 
 any general Act regulating the manner of charging tolls and 
 other charges upon canals and navigations in respect of 
 passengers, goods, animals, articles, and things of a like 
 description, which may be passed in the course of any future 
 session of Parliament. 
 
 VII. And be it enacted, that this Act may be amended or 
 repealed by any Act to be passed in this present session of 
 Parliament.
 
 CANAL CARRIERS ACT, 1845. 
 
 173 
 
 VII.— 8 & 9 Vict. c. xlii. 
 
 An Act to enable Canal Companies to become Carriers 
 of Goods upon their Canals. [21st July, 1845.] 
 
 Whereas by divers Acts of Parliament railway companies 
 have been empowered to convey upon their railways all such 
 goods, wares, merchandise, articles, matters, and things as 
 may be ofiered to them for that purpose, and to make such 
 reasonable charges for such conveyance as they may from 
 time to time determine upon ; and whereas greater competi- 
 tion for the public advantage would be obtained if similar 
 powers were granted to canal and navigation companies which 
 have from time to time been incorporated or established 
 under the authority of Parliament ; but svich beneficial 
 purpose cannot be effected without the authority of Parlia- 
 ment. Be it therefore enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of the Lords 
 spiritual and temj^oral, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the same, that from 
 and after the passing of this Act it shall be lawful for the Enabling- canal 
 company of proprietors, trustees, or the undertakers of any ^an-r^oodron 
 canal, river, or navigation, or then' respective committees, tlieii- canals, 
 directors, or manas-ers, or their superintendents or other <"■ canals com- 
 agents by them duly authorized, to carry as common carriers tlua-cwitli. 
 for their own profit upon their respective canals, rivers, or 
 navigations, or upon any railways or tramwajs belonging 
 thereto, and constructed under the powei's of then- respective 
 Acts of Parliament, or upon any other canals, rivers, or navi- 
 gations communicating therewith, either directly or by means 
 of any intermediate canal, river, or navigation, all such goods, 
 wares, merchandise, articles, matters, and things as may be 
 intrusted to them for that purpose, and for the better enabling 
 them so to do to purchase, hire, and construct, and to use 
 and employ, any number of boats, barges, vessels, rafts, 
 carts, waggons, carriages, and other conveniences, and also 
 to establish and furnish such haulage, trackage, or other 
 means of drawing or propelling the same, either by steam, 
 animal, or other power, or for the purpose of collecting, 
 carrying, conveying, warehousing, and delivering such goods, 
 wares, merchandise, articles, matters* and things as to any
 
 174 
 
 CANAL CARRIERS ACT, 1845. 
 
 Company to be 
 subject to the 
 bye-laws of 
 any otlier 
 company upon 
 whose canal 
 they may act 
 as carriers. 
 
 Canal com- 
 panies may 
 provide boats 
 and power for 
 hauling' and 
 traekiiif^ ves- 
 Kel.s of other 
 persons. 
 
 such company or undertakers shall seem tit, and to make 
 such reasonable charges for such conveyance, warehousing, 
 collection, and delivery as they may respectively from time 
 to time determine upon, in addition to the several tolls or 
 dues which any such company or undertakers are now 
 authorized to take for the use of then- said canals, naviga- 
 tions, or railways. 
 
 II. Provided always, and be it enacted, that any such 
 company, commissioners, trustees, or undertakers using or 
 employing any steam power for propelling by means of paddle 
 wheels, boats, barges, vessels, or rafts, upon any canal, river, 
 or navigation (other than their respective canals, rivers, and 
 navigations), shall use and employ the same, subject to such 
 bye-laws, rules, and regulations touching the construction, 
 dimensions, power, rate of speed, and otherwise, of such 
 boats, barges, vesreb:, or rafts, so propelled by steam as afore- 
 said, as the directors, commissioners, or undertakers of the 
 canals, rivers, and navigations respectively on wliich such 
 last-mentioned boats, barges, vessels, or rafts shall be used 
 and employed shall see tit to make nnd publish in that behalf, 
 and they are hereby authorized and empowered to make and 
 publish such bye-laws, rules, and regulations, and from time 
 to time to add to or amend the same, as need may require ; 
 but it is hereby expressly provided and enacted that any bye- 
 laws, rules, and rcgubvtions so to he made and published 
 shall be made equally applicable to and binding on all com- 
 jDanies and persons so using such last-mentioned boats, barges, 
 or other vessels. 
 
 III. And be it enacted, that it shall also be lawful for any 
 such company, trustees, or undertakers to purchase and pi*o- 
 vide and use boats and other vessels, and also horses, steam 
 or other power, and machinery, for hauling, tracking, and 
 towing, upon theLr own canals, rivers, or navigations, or upon 
 any other canals, rivers, or navigations communicating there- 
 with, either directly or by means of any intermediate canal, 
 river, or navigation, and to employ a sufiicient number of 
 competent persons for those purposes, and to demand and 
 receive for the use of such boats, and for such hauling, 
 tracking, or tuwing, such reasonable hire or remuneration as 
 shall bo fixed by the respective committees, directors, or 
 managers of such canals or navigations, or as shall be agreed 
 upon between them and any person desiring the use of any
 
 CANAL CARRIERS ACT, 1845. 175 
 
 such boats or vessels, or requiring such hauling, tracking, or 
 towing. 
 
 IV. Provided always, and be it enacted, that all charges Tolls, &c. to 
 
 to be made by any such comiiany for the carriacfe of any such ' diarged 
 
 T T • , , . PI equally to all 
 
 goods, wares, merchandise, articles, or things, or for the use persons. 
 of their boats and other vessels, or for the supply of haulage, 
 trackage, or other power, shall be at all times charged equally 
 to all persons, and after the same rate, whether per mile, or 
 per ton per mile, or otherwise, in respect of all goods, wares, 
 merchandise, articles, and things of a like description, and 
 conveyed or propelled in a like boat or vessel at the same 
 rate of speed, and passing along the same portion of any such 
 canal or navigation under the like circumstances, and no 
 reduction or advance in any of such charges shall be made, 
 either directly or indirectly, in favour of or against any 
 particular company or person paa^ing along or using, or 
 sending goods, wares, merchandise, articles, or things oiong 
 the same portion of any such canal or navigation under the 
 like circumstances. 
 
 V. And be it enacted, that any canal or navigation company Company may 
 exercising the powers by this Act granted shall have all the as carriers ^aml 
 same powers and remedies for recovering any sum or sums may prefer in- 
 of money which shall or may become due and owing to such dictments. 
 company as carriers, or for the use of any boats or vessels, or 
 
 for the supply of any haulage, trackage, or other power, by 
 virtue of this Act, as are given to them respectively by their 
 said several Acts of Parliament in reference to the tolls and 
 duties thereby made payable, or they may, at their option, sue 
 for and recover such charges, or any part thereof, in any of 
 the superior courts ; and such company may in like manner 
 be sued for any loss sustained by any person or persons em- 
 ploying the said company as carriers, or for any neglect or 
 misconduct of such company or their servants in respect of 
 their conduct as carriers by virtue of this Act ; and such 
 company may prosecute any indictment or other proceeding 
 at law in respect of any offence arising or being committed in 
 the course of such carrying or other proceeding under this 
 Act ; and it shall be sufficient if any goods or other things 
 which are set out in any indictment shall be described and laid 
 to be the property of the said company. 
 
 VI. Provided always, and be it enacted, that nothing herein Provisions in 
 contained shall in any case extend to charge or make liable °*''^^ ^^ "^^'^^
 
 176 
 
 CANAL CARRIERS ACT, 1845. 
 
 to common 
 carritT.s to 
 aj)])h' to such 
 compunics. 
 
 Conijianit's 
 empowered to 
 contract with 
 otluT canal 
 companies. 
 
 any such company further or in any other case than where, 
 according to the laws of this realm fur the time being, common 
 carriers would be liable ; nor shall anything herein contained 
 extend to deprive such company of any protection or privilege 
 which either now or at any time hereafter common camers 
 have or may be entitled to, but such company shall from time 
 to time and at all times have and be entitled to the benefit 
 of every such protection and privilege. 
 
 VII. And whereas, in order to facilitate the conveyance of 
 goods and merchandise and othermatters and things in manner 
 aforesaid, it is expedient that canal and navigation companies 
 should be empowered to enter into arrangements with each 
 other in the way that railway comjianies are authorized, so 
 as to avoid the necessity for a change of boats and other delays 
 arising from a diversity of interest. Be it enacted that, not- 
 withstanding anything in this Act or in any of the said Acts for 
 establishing or incorporating the said companies contained, it 
 shall be lawful for any such canal or navigation company as 
 aforesaid and they are hereby empowered from time to time 
 to make and enter into any contract or agreement with any 
 other canal or navigation company, or the commissioners or 
 undertakers thereof respectively (and which contract or 
 agreement such other company is hereby authorized to enter 
 into), either for the division or apportionment of tolls, dues, 
 and charges, or for the passage over or along their respective 
 canals or navigations, or any branches thereof, or any railways 
 or tramways coimected therewith and belonging thereto as 
 aforesaid, of any boats, barges, or other vessels, or of any 
 carriages or trucks drawn or propelled by steam, animal, or 
 other power, of or belonging to any other company or which 
 shall pass along any other line of canal, navigation, or railway, 
 or for the passage over or along any other line of canal, naviga- 
 tion, or railway of any such boats, barges, or other vessels, 
 carriages, or trucks drawn or propelled as aforesaid, which 
 shall belong to any such company, or which shall pass along 
 their line of canal, navigation, or railway, upon the payment 
 of such tolls and duties, and under such conditions and re- 
 strictions, as may be deemed advisable and may be mutually 
 agreed upon, and also to enter into any other contract with 
 any other canal or navigation comjiany that may be deemed 
 advisable ; and any such contract may contain such covenants, 
 clauses, conditions, and agreements as the contracting parties 
 may think advisable and mutually agree upon.
 
 CANAL CARRIERS ACT, 1845. 
 
 177 
 
 VIII. And be it enacted, that it shall be lawful for any such 
 canal or navigation company, from time to time, by lease, to 
 take effect in possession within six months from the letting 
 thereof, to let the tolls and duties of any part thereof, upon 
 the whole or any part of any such canal or navigation or of 
 any such railways or tramways, to any other canal or naviga- 
 gation company, (and which lease such other canal or naviga- 
 tion company is hereby authorized to accept and enter into,) 
 for any period not exceeding twenty-one years from the com- 
 mencement of any such lease. Provided always, that no such 
 letting shall take place unless public notice of the intention 
 to let such tolls, or the part thereof intended to be let, shall 
 have been given by the company proposing to let the same, 
 by advertisement, at least fourteen days prior to the meeting 
 of the directors or managers at which it shall be intended to 
 let such tolls. 
 
 IX. And be it enacted, that during the continuance of any 
 such lease the respective lessees named therein, and also all 
 persons appointed by them to collect the tolls so let, shall be 
 deemed collectors of the tolls so let, and they shall have the 
 same powers to collect and recover such tolls, and be subject 
 to the same rules, duties, and penalties in reference thereto, 
 as if they had been appointed for that purpose by the company 
 demising the same. 
 
 X. And be it enacted, that if any such lease shall become 
 void or voidable, according to any stipulations therein con- 
 tained for that purpose, by reason of the failure on the part 
 of the lessee to comply with any of the terms of such lease, or 
 if all or any part of the rent thereby reserved shall be in 
 arrear or unpaid for twenty-one days after the same shall 
 become payable, then, upon application made by the company 
 who shall have demised the same, to a justice, it shall be lawful 
 for such justice to order any constable, with proper assistance, 
 to enter upon any toll house, dwelling house, office, weighing 
 machuie, or other building, with the appurtenances, belonging 
 to the lessors, and remove from the same the lessee or collector 
 or other person found therein, together with his goods, and 
 take possession thereof and of all property found therein 
 belonging to the lessors, and deliver the same to them or any 
 person appointed by them for that purpose. 
 
 XI. And be it enacted, that upon such possession being 
 obtained it shall be lawful for the company having made such 
 
 Canal com- 
 panies em- 
 powered to 
 lease their tolls 
 
 Lessees to be 
 deemed col- 
 lectors. 
 
 Lessee making 
 default to be 
 removed. 
 
 Power to re-let 
 tolls.
 
 178 CANAL CARRIERS ACT, 1845. 
 
 demise to determine tlie lease (if any) previously subsisting, 
 
 and the same shall accordingly be utterly void, except as to 
 
 the remedies of the lessors for payment of the rent due, or in 
 
 respect of any unperformed or broken obligations or conditions 
 
 on the lessee's part, all which remedies shall remain in full 
 
 force ; and in every such case, either during such proceedings 
 
 or on the termination thereof, the company may again let the 
 
 tolls to the same or any other person, or cause them to be 
 
 collected in the same manner as if no sucli former lease had 
 
 been made relative thereto. 
 
 Act not to XTI. Provided always, and be it enacted, that this Act shall 
 
 apply to canals j^q^ apply to any canal or navigation the property wherein is 
 
 shareholders vested in shareholders, nor shall the powers of leasing herein- 
 
 until approved before contained be exercised by any such canal or navigation 
 
 ofat a meeting, ^oj^pj^j^y ^xitil a meeting of the shareholders thereof shall 
 
 or in otiit*r i. %/ * n • _ 
 
 cases by i)ro- have been duly convened in such manner as meetings are by 
 prietors, and their respective acts of incorporation or settlement required 
 "ertecUn"' to be called or are usually called, and it shall have been de- 
 
 Gazettes, &c. termined by a majority of two thirds of the votes of the 
 shareholders in such meeting assembled, either in person or 
 by proxy, where by such acts of incoii^oration or settlement 
 voting by proxy is allowed, to adopt the powers and provisions 
 hereby granted, or such and so many of them as it shall at 
 such meeting be determined shall be adopted, or to grant or 
 accept any such lease, nor to any canal or navigation the 
 property wherein is vested in one or more owner or owners, 
 propnetor or proprietors, unless the owner or owners, pro- 
 prietor or proprietors thereof shall determine to adopt the 
 powers and provisions hereby granted, nor in either case until 
 public notice of any such determination and intention shall 
 have been inserted in the "London Gazette" in respect of 
 canals or navigations in England or Wales, in the " Edinburgh 
 Gazette" in respect of canals or navigations in Scotland, and 
 in the " Dublin Gazette" in respect of canals or navigations in 
 Ireland, and in some newspaper circulating in the county or 
 counties wherein such canal or navigation, or some part 
 thereof, shall pass, one month at the least previously to the 
 exercise of any such powers, whereupon, or immediately after 
 the expiration of such notice, every such company, or their 
 respective con)mittees, directors, or manngers, or their agents 
 by them duly authorized in manner aforesaid, may from time 
 to time put in force and exercise the said powers or any of 
 them, in the? manner by tliis Act authorized.
 
 TRANSMISSION OF LETTERS ACT, 1846. 179 
 
 XIII. And be it enacted, that nothing herein contained Act not to 
 shall be construed to exempt any canal or navigation company exempt canal 
 who shall adopt the powers of this Act from the operation of from^aJl^'^ 
 any general Act regulating the manner of charging tolls and general Act. 
 other charges upon canals or navigations in respect of pas- 
 sengers, goods, animals, articles, and things of a like descrip- 
 tion, which may be passed in the course of any future Session 
 of Parliament. 
 
 XIY. And be it enacted, that this Act may be amended or Alteration of 
 repealed by any Act to be passed in this present Session of ^'^^^ 
 Parliament. 
 
 VIII.— 10 & 11 Vict. Cap. lxxxv. 
 
 A71 Act for giving further Facilities for the Transmission of 
 Letters by Post and for the Regulation of the Duties of 
 Postage thereon, and for other Purposes relating to the 
 Post Office. [22nd July, 1847.] 
 
 XVI. And whereas by an Act passed in the second year of Power to send 
 the reign of Her present Majesty, intituled " An Act to provide ^^^^ by rail- 
 for the Conveyance of Mails by Railways," provision is made prescribed by "" 
 for the transmission of mails by railways : be it enacted, that it 1 & 2 Vict, 
 shall be lawful for the Postmaster- General to require in the a ^uard^'^'^'^"* 
 manner prescribed by the said last-mentioned Act that any 
 mails and post letter bags shall be conveyed and forwarded 
 by any railway company on their railway under and pur- 
 suant to the said Act, notmthstanding any guard or officer of 
 the Post Office shall not be sent with the same, or in charge 
 thereof, and such mails and post letter bags shall be con- 
 veyed and forwarded by such railway company accordingly. 
 
 IX.— 10 & 11 Vict. Cap. xciv. 
 
 An Act to amend an Act to enable Canal Companies to 
 become Carriers upon their Canals. [22ncl July, 1847.] 
 
 8 & 9 Vict. 
 Whereas an Act was passed in the ninth year of the reign c. 42,
 
 180 AMENDMENT OF CANAL CARRIERS ACT. 
 
 Recited Act 
 incorporaU-'d 
 with this AcU 
 
 Cnnal com- 
 panieR em- 
 powered to 
 borrow raonfv 
 
 of h£r present Majesty, intituled " An Act to enable Canal 
 Companies to become Carriers of Goods upon their Canals," 
 whereby, upon the recital that by divers Acts of Parliament 
 railway companies had been empowered to convey upon their 
 railways all such goods, wares, merchandise, articles, matters, 
 and things as might be offered to them for that purpose, and 
 that greater competition for the public advantage would bo 
 obtained if similar powers were granted to canal and navi- 
 gation companies, it was enacted, that it should be lawful to 
 the proprietors, trustees, or undertakers of any canal, river, 
 or navigation, or their respective committees, directors, or 
 managers, or their superintendents or other agents, to carry 
 as common carriers for their ovra profit upon their respective 
 canals, rivers, or navigations, and upon any railways or 
 tramways belonging thereto, and upon other canals, rivers, 
 and navigations communicating directly or indirectly there- 
 with, all such goods, wares, mei'chandise, articles, matters, 
 and things as might be intrusted to them for that purpose, 
 and to purchase, hire, and construct, and to use and employ, any 
 number of boats, barges, vessels, rafts, carts, waggons, carriages, 
 and other conveniences, and to establish and furnish haulage, 
 trackage, or other means of drawing or propelling the same 
 by steam, animal, or other power, or for the purpose of 
 collecting, carrying, conveying, warehousing, and delivering 
 such goods, wares, merchandise, articles, matters, and things : 
 and whereas the proprietors, trustees, and undertakers of 
 many canals, rivers, and navigations are unable to avail them- 
 selves of the provisions of the said recited Act by reason of 
 their having no statutory power of raising money to be 
 applied to the purposes of the same, and it is expedient that 
 the said recited Act should in that respect be amended, and 
 that powers should be granted to such proprietors, trustees, 
 and undertakers to raise money fur the said purposes, but 
 that object cannot be effected without the aid of Parliament : 
 be it therefore enacted by the Queen's most Excellent ^lajesty, 
 by and ^vith the advice and consent of the lords spiritual and 
 temporal, and commons, in this present Parliament assembled, 
 and by the authority of the same, that the said recited Act 
 shall be incorporated with this Act. 
 
 II. And be it enacted, that it shall he lawful to the pro- 
 prietors, trustees, and undertakers of any canal, river, or 
 navigation who shall have in the manner provided by the
 
 AMENDMENT OF CANAL CARRIERS ACT. 
 
 181 
 
 said recited Act adopted the powers and provisions of the 
 same to borrow on mortgage or bond in the manner or as 
 nearly as may be in the manner prescribed by the Companies 
 Clauses Consolidation Act, 1845, or the Companies Clauses 
 Consolidation (Scotland) Act, 1845, as the case may be, any 
 sum or sums of money not exceeding in all at any one time 
 one-tenth part of the paid-up capital stock of such pro- 
 prietors, trustees, or undertakers respectively, and to apply 
 the moneys so raised to the purposes of the said recited Act, 
 or any of such purposes : provided always that the monies 
 so borrowed shall not be applied to any other purposes what- 
 soever : provided also, that the monies so to be borrowed, 
 together with any monies otherwise borrowed by any such 
 proprietors, trustees, or undertakers as aforesaid, shall not in 
 all exceed one-third part of the paid-up capital of such pro- 
 prietors, trustees, or undertakers respectively ; and that no 
 mortgage or bond to be granted for any monies borrowed in 
 virtue of this Act shall prejudice or affect any security pre- 
 viously granted for any monies borrowed by virtue of any 
 other Act or Acts of Parliament relating to any such canal, 
 river, or navigation. 
 
 III. And for the purposes of this Act, be it enacted, that 
 such, of the clauses and provisions of the Companies Clauses 
 Consolidation Act, ]845, and of the Companies Clauses 
 Consolidation (Scotland) Act, 1845, respectively, as the case 
 may be, as relate to the borrowing of money by companies 
 on mortgage or bond, and to the conversion of borrowed 
 money into capital, shall be incorporated with this Act. 
 
 IV. And be it enacted, that nothing herein contained shall 
 be construed to exempt any canal or navigation company 
 who have adopted or shall adopt the powers of the said re- 
 cited Act from the operation of any general Act regulating 
 the manner of charging tolls and other charges upon canals 
 or navigations in respect of passengers, goods, animals, 
 articles, and things of a like description that may be passed 
 in the course of this or any future session of Parliament. 
 
 V. And be it enacted, that this Act may be amended or 
 repealed by any Act to be passed in this Session of Parlia- 
 ment. 
 
 aa prescribed 
 by 8 & 9 Vict, 
 cc. 1() and 17, 
 and ai)ply the 
 same to jmr- 
 poses of re- 
 cited Act. 
 
 Saving rights 
 of existing 
 creditors. 
 
 8 & 9 \'ict. 
 cc. 16 and 17 
 incorporated 
 witli this Act. 
 
 Companies not 
 exempt from 
 provisions of 
 any future 
 general Act. 
 
 Act may be 
 amended, &c.
 
 182 KAILWAY AND CANAL TRAFFIC ACT, 1854. 
 
 -17 & 18 Vict. Cap. xxxi. 
 
 " Board of 
 Trade." 
 
 Traffic. 
 
 An Act for the better Regulation of the Traffic on Baihvays 
 and Canals. [10th July, 1854.] 
 
 Whereas it is expedient to make better provi.sion for 
 regulating the traffic on railways and canals : be it enacted 
 by the Queen's most Excellent Majesty, by and with the advice 
 and consent of the lords .spiritual and temporal, and commons, 
 in this present Parliament assembled, and by the authority 
 of the same, as follows : 
 
 I. In the construction of this Act " the Board of Trade " 
 shall mean the Lords of the Committee of Her Majesty's Privy 
 Council for Trade and Foreign Plantations : 
 
 The word " traffic " shall include not only passengers, and 
 their luggage, and goods, animals, and other things conveyed 
 by any railway company or canal company, or railway and 
 canal company, but also carriages, waggons, trucks, boats, and 
 vehicles of every description adapted for miming or passing 
 on the railway or canal of any such company : 
 
 The word "railway" shall include every station of or 
 belonging to such railway used for the pui'poses of public 
 traffic : and 
 
 The word " canal " shall include any navigation whereon 
 tolls are levied by authority of Parliament, and also the 
 wharves and landing places of and belonging to such canal 
 or navigation, and used for the purposes of public traffic : 
 
 The expression " railway company," " canal company," 
 or "railway and canal company," shall include any person 
 being the owner or lessee of or any contractor working any 
 railway or canal or navigation constructed or carried on under 
 the powers of any Act of Parliament : 
 
 A station, terminus, or wharf shall be deemed to be near 
 another station, terminus, or wharf when the distance between 
 such stations, termini, or wharves shall not exceed one mile, 
 such stations not being situate within five miles from St. Paul's 
 church, in London. 
 
 II. Every railway company, canal company, and railway 
 way coni].anu8 j^,,(l (.;inal Company, shall, according to their respective powers, 
 rangf-mi'iits for fiAord all reasonable facilities for the receiving and f(jrwarding 
 receiving and and delivering of traffic upcm and from the several railways 
 
 'Railway. 
 
 " Canal." 
 
 "Company. 
 
 Stations. 
 
 Duty of rail-
 
 RAILWAY AND CANAL TRAFFIC ACT, 1854. 183 
 
 and canals belonging to or worked by such companies re- 
 spectively, and for tlie return of carriages, trucks, boats, and 
 other vehicles, and no such 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 de- 
 scription 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 unreason- 
 able prejudice or disadvantage in any respect whatsoever ; 
 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 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 unreason- 
 able delay, and without any such preference or advantage, or 
 prejudice or disadvantage, as aforesaid, and so that no obstruc- 
 tion may be offered to the public desirous of using such rail- 
 ways or canals or railways and canals as a contiimous 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. 
 
 III. It shall be lawful for any company or person com- 
 plaining against any such companies or company of anything 
 done, or of any omission made in violation or contravention 
 of this Act, to apply in a summary way, by motion or summons 
 in England to Her Majesty's Court of Common Pleas at 
 Westminster, or in Ireland to any of Her Majesty's Superior 
 Courts in Dublin, or in Scotland to the Court of Session in 
 Scotland, as the case may be, or to any judge of any such 
 court ; and upon the certificate to Her Majesty's Attorney- 
 General in England or Ireland, or Her Majesty's Lord 
 Advocate in Scotland, of the Board of Trade alleging any such 
 violation or contravention of this Act by any such companies 
 or company, it shall also be lawful for the said Attorney- 
 General or Lord Advocate to apply in like manner to any 
 such court or judge, and in either of such cases it shall be 
 lawful for such court or judge to hear and determine the 
 matter of such complaint ; and for that purpose, if such court 
 or judge shall think fit, to direct and prosecute, in such mode 
 
 forwarding 
 traffic, witliout 
 unreasonable 
 delay, and 
 without par- 
 tiality. 
 
 Parties com- 
 plaining that 
 reasonable 
 facilities for 
 forwarding- 
 traffic, &c. are 
 withheld, may 
 apply by 
 motion or sum- 
 mons to the 
 superior 
 courts.
 
 184 RAILWAY AND CANAL TRAFFIC ACT, 1854. 
 
 and hj such enpfinccrs, barristers, or other persons as they 
 shall think proper, all such inquiries as maybe deemed neces- 
 sary to enable such court or judge to form a just judgment 
 on the matter of such complaint, and if it be made to 
 appear to such court or judge on such hearing, or on the 
 report of any such person, that anything has been done or 
 omission made, in violation or contravention of this Act, by 
 such company or companies, it shall be lawful for such court 
 or judge to issue a writ of injunction or interdict, restraining 
 such company or companies from further continuing such 
 violation or contravention of this Act, and enjoining obedience 
 to the same ; and in case of disobedience of any such writ of 
 injunction or interdict it shall be lawful for such court or 
 judge to order that a writ or ^^Tits of attachment, or any 
 other process of such court incident or applicable to writs of 
 injunction or interdict, shall issue against any one or more of 
 the directors of any company, or against any owner, lessee, 
 contractor, or other person failing to obey such writ of injunc- 
 tion or interdict ; and such court or judge may also, if they 
 or he shall think fit, make an order directing the payment by 
 any one or more of such companies of such sum of money as 
 such court or judge shall determine, not exceeding for each 
 company the sum of two hundred pounds for every day, after 
 a day to be named in the order, that such company or com- 
 panies shall fail to obey such injunction or interdict ; and such 
 monies shall be payable as the court or judge may direct, 
 either to the party complaining, or into court to abide the 
 ultimate decision of the court, or to Her IMajesty, and payment 
 thereof may, Avithout prejudice to any other mode of recover- 
 ing the same, be enforced by attachment or order in the nature 
 of a writ of execution, in like manner as if the same had been 
 recovered by decree or judgment in any superior court at 
 Westminster or Dublin, in England or Ireland, and in Scot- 
 land by such diligence as is competent on an extracted decree 
 of the court of session ; and in any such proceeding as afore- 
 said, such court or judge may order and determine that all or 
 any costs thereof or thereon incurred shall and may be paid 
 by or to the one party or the other, as such court or judge 
 shall think fit ; and it shall bo lawful for any such engineer, 
 barrister, or other person, if directed so to do by such court 
 or judge, to receive evidence on oath relating to the matter 
 of any such inquiry, and to administer such oath.
 
 RAILWAY AND CANAL TRAFFIC ACT, 1854. 185 
 
 IV. It shall be lawful for tlie said Court of Common Pleas 
 at Westminster, or any three of the judges thereof, of whom 
 the Chief Justice shall be one, and it shall be lawful for the 
 said courts in Dublin, or any nine of the judges thereof, of 
 whom the Lord Chancellor, the Master of the Rolls, the 
 Lords Chief Justice of the Queen's Bench and Common 
 Pleas, and the Lord Chief Baron of the Exchequer, shall be 
 five, from time to time to make all such general rules and 
 orders as to the forms of proceedings and process, and all 
 other matters and things touching the practice and otherwise 
 in carrying this Act into execution before such courts and 
 judges, as they may think fit, in England or Ireland, and in 
 Scotland it shall be lawful for the court of session to make 
 such Acts of Sederunt for the like purpose as they shall 
 think fit. 
 
 V. Upon the application of any party aggrieved by the 
 order made upon any such motion or summons as aforesaid, 
 it shall be lawful for the court or judge by whom such order 
 was made, to direct, if they think fit so to do, such motion 
 or application on summons to be reheard before such- court 
 or judge, and upon such rehearing to rescind or vary such 
 order. 
 
 YI. No proceeding shall be taken for any violation or con- 
 travention of the above enactments, except in the manner 
 herein provided ; but nothing herein contained shall take 
 away or diminish any rights, remedies, or privileges of any 
 person or company against any railway or canal or railway 
 and canal company under the existing law. 
 
 VII. 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, not- 
 withstanding any notice, condition, or declaration made and 
 given by such company contrary thereto, or in anywise 
 limiting such liability ; every such notice, condition, or 
 declaration being hereby declared to be null and void : pro- 
 vided always, that nothing herein contaiaed shall be con- 
 strued 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 
 
 Judges may 
 make such 
 regulations 
 as may be 
 necessary for 
 proceedings 
 under this Act. 
 
 Court or judge 
 may order a re- 
 hearing. 
 
 Mode of pro- 
 ceeding under 
 this Act. 
 
 Company to be 
 liable for neg- 
 lect or default 
 in the carriage 
 of goods, not- 
 withstanding 
 notice to tlie 
 contrary. 
 
 Company not 
 to be liable be- 
 yond a limited 
 amount in cer- 
 tain cases, 
 unless the value 
 declared and 
 extra jjayment 
 made.
 
 186 RAILWAY AND CANAL TRAFFIC ACT, 1854. 
 
 Proof of value 
 to be on the 
 person claim- 
 ing compensa- 
 tion. 
 
 No special 
 contract to be 
 binding unless 
 signed. 
 
 Savings of 
 Carriers Act, 
 11 Geo. IV. & 
 1 Will. IV. 
 C.68. 
 
 Short title. 
 
 whom any question relating thereto shall be tried to be just 
 and reasonable : provided always, that no greater damages 
 shall be recovered for the loss of or for any injury done to 
 any of such animals, beyond the sums hereinafter mentioned ; 
 (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 occa- 
 sioned, a reasonable percentage upon the excess of the value 
 so declared above the respective sums so limited as aforesaid, 
 and which shall be paid in addition to the ordinary rate of 
 chirge ; and such percentage or increased rate of charge 
 shall be notified in the manner prescribed in the statute 
 eleventh George IV. and first William IV. chapter sixty- 
 eight, and shall be binding upon such company in the manner 
 therein mentioned : provided 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 : Pro- 
 vided also, that no special contract between such company 
 and any other parties resjiecting the receiving, forwarding, 
 or delivering of any animals, articles, goods, or things as 
 aforesaid shall be binding upon or afiect any such party 
 unless the same be signed by him or by the person delivering 
 such animals, articles, goods, or things respectively for 
 carriage : provided also, that nothing herein contained shall 
 alter or aff'ect the rights, privileges, or liabilities of any such 
 company under the said Act of the eleventh George IV. and 
 first William IV. chapter sixty-eight, with respect to articles 
 of the descriptions mentioned in the said Act. 
 
 VIII. This Act may be cited for all purposes as " The 
 Railway and Canal Traffic Act, 1854."
 
 CHEAP TRAINS ACT, 1858. 
 
 187 
 
 XI.— 21 & 22 Vict. Cap. lxxv. 
 
 An Act to amend the Law relating to Ghea,p Trains, and to 
 restrain the Exercise of certam Potvers by Canal Companies 
 being also Railway Companies . [2nd August, 1858.] 
 
 "Whereas by the Act passed in the Session of Parliament held 
 in the seventh and eighth years of the reign of her present 
 Majesty, chapter 85, section 6, it is enacted, amongst other 
 things, with respect to the cheap trains thereby required to 
 be provided in certain cases, that the fare or charge for each 
 third-class passenger by any such train shall not exceed one 
 penny for each mile travelled. And whereas it is expedient 
 to amend the said Act in manner hereinafter mentioned. And 
 whereas it is also expedient to amend the Act passed in the 
 ninth year of the reign of her present Majesty, chapter 42, 
 intituled "An Act to enable Canal Companies to become 
 Carriers of Goods upon their Canals," by restraining as herein- 
 after mentioned the exercise of certain powers therein con- 
 tained. Be it enacted by the Queen's most excellent Majesty, 
 by and with the advice and consent of the Lords spiritual and 
 temporal, and commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : — 
 
 I. When the distance travelled by any third-class passenger 
 by any train run in compliance with the provisions relating to 
 cheap trains contained in the said Act of the seventh and 
 eighth of Victoria, chapter 85, is a portion of a mile, and 
 does not amount to one mile, the fare for such portion of a 
 mile may be one penny, or when such distance amounts to one 
 mile, or two or more miles, and a portion of another mile, the 
 fare or charge for such portion of a mile, if the same amounts 
 to or exceeds one half mile, may be one halfpenny. Provided 
 always, that for children of three years and upwards, but 
 uuder twelve years of age, the fare or charge shall not exceed 
 half the charge for an adult passenger. 
 
 II. After the passing of this Act, no fare heretofore charged 
 to or received from any third-class passenger by any such 
 train as aforesaid shall in any proceeding to be hereafter 
 instituted be deemed to have exceeded the rate prescribed in 
 such case by the said Act of the seventh and eighth of Victoria, 
 
 7 & 8 Vict, 
 c. 83. 
 
 8 & 9 Vict, 
 c. 42. 
 
 For fractions 
 under one mile 
 one penny may 
 becliarged,and 
 for fractions 
 exceeding half 
 a mile, where 
 the distance 
 amounts to one 
 mile or more, 
 one halfpenny 
 may be 
 chary-ed. 
 
 Rates hereto- 
 fore charged 
 not exceeding 
 those allowed 
 hy til is clause 
 not to be 
 deemed ex- 
 cessive.
 
 188 RAILWAY COMPANIES ARBITRATION ACT, 1859. 
 
 Canal cora- 
 pnnies, h«'ing 
 also railway 
 coiujianies, not 
 to take leases 
 of cannlsunlt-ss 
 Bpccially 
 authorized. 
 
 Act to bo in 
 force for one 
 year. 
 
 chapter eighty-five, if the same shall not have exceeded the 
 rate of one farthing for each entire quarter of a mile travelled. 
 
 III. Notwithstanding anything contained in the said recited 
 Act of the ninth year of Her Majesty, it shall not be lawful 
 for any canal or navigation company, being also a railway 
 company, or entitled to work any railway constructed under 
 the authority of any Act of Parliament, hereafter to accept a 
 lease of the whole or any part of the undertaking of any other 
 railway and canal company or of any canal or navigation 
 company, or of the tolls, dues, or charges upon or in respect 
 of the whole or any pai-t of any such undertaking, except 
 under the powers of some Act or Acts heretofore passed 
 or to be hereafter passed in which the parties to any such 
 lease shall be specitically named and authorized to enter into 
 the same. 
 
 IV. This Act shall continue in force for one year next after 
 the passing thereof, and thence to the end of the then next 
 Session of Parliament.' 
 
 Short title. 
 
 " Railway 
 companies.' 
 
 XII.— 22 & 23 Vict. Cap. lix. 
 
 A)t Act to enable Railway Companies to settle their Differ- 
 ences luitJi other Companies by Arbitration. 
 
 [13th August, 1859.] 
 
 For the better providing for the settlement by arbitration 
 of matters in which railway companies in the United Kingdom 
 are mutually interested, be it enacted by the Queen's most 
 excellent ^Majesty, by and with the advice and consent of the 
 Lords spiritual and temporal, and commons, in this present 
 Parliament assembled, and by the authority of the same, as 
 follows (that is to say) : — 
 
 I. This Act may for all purposes be cited as " Railway 
 Companies Arbitration Act, 1859;" and the expression 
 "railway companies" in this Act extends to and includes all 
 persons being the owners or lessees of, and all contractors 
 working any railway upon which steam power is used. 
 
 ' This Act is ma<le perpetual by 23 & 24 Vict. c. xli.
 
 RAILWAY COMrANIES AMENDMENT ACT, 1859. 189 
 
 II. Any two or more railway companies, whether already 
 or hereafter incorporated (in this Act called " the companies"), 
 from time to time, by writing under their respective common 
 seals, may agree to refer and may refer to arbitration, in 
 accordance with this Act, any then existing or future diifer- 
 ences, questions, or other matters whatsoever in which they 
 then are or thereafter shall be mutually interested, and which 
 they might lawfully settle or dispose of by agreement between 
 themselves, and may delegate to the person or persons to 
 whom the reference is made any power to determine all or 
 any of the terms of any contract to be made between the com- 
 panies which the directors of the companies respectively might 
 lawfully delegate to any committees of themselves respec- 
 tively. 
 
 III. The companies jointly, but not otherwise, from time 
 to time, by writing under their respective common seals, may 
 add to, alter, or revoke any agreement for reference in 
 accordance with this Act theretofore entered into beween the 
 companies, or any of the terms, conditions, or stipulations 
 thereof. 
 
 IV. Every reference or agreement in accordance with this 
 Act, except so far as it is from time to time revoked or 
 modified in accordance with this Act, shall bind the companies, 
 and may and shall be carried into full effect. 
 
 V. Where the companies agree, the reference shall be made 
 to a single arbitrator. 
 
 VI. Except where the companies agree that the reference 
 shall be made to a single arbitrator, the reference shall be 
 made as follows, to wit: — 
 
 Where there are two companies the reference shall be 
 
 made to two arbitrators. 
 Where there are three or more companies the reference 
 
 shall be made to so many arbitrators as there are 
 
 companies. 
 
 VII. Where there are to be two or more arbitrators, every 
 company shall by writing under their common seal appoint 
 one of the arbitrators, and shall give notice in writing thereof 
 to the other company or companies, 
 
 VIII. Where there are to be two or more arbitrators, if any 
 of the companies fail to appoint an arbitrator within fourteen 
 days after being thereunto requested in writing by the other 
 company, or by the other companies or any of them, then, on 
 
 Power for 
 railway com- 
 ])anies to refer 
 matters to 
 arbitration. 
 
 Power to alter 
 or revoke 
 agreements 
 for reference. 
 
 A greements to 
 be carried into 
 effect. 
 
 Reference to 
 a single 
 arbitrator. 
 Reference to 
 two or more 
 arbitrators. 
 
 Appointment 
 of arbitrators 
 by companies. 
 
 Appointment 
 of arbitrators 
 by Board of 
 Trade.
 
 190 RAILWAY COMPANIES ARBITRATION ACT, 1859. 
 
 Appointment 
 of arbitnitors 
 bj companies 
 to supply 
 vacancies. 
 
 Appointment 
 ot arbitrators 
 by Hoard of 
 Trade to 
 supply 
 vacancies. 
 
 Appointment 
 ofarbitrator 
 not revocable. 
 
 Appointment 
 of umpire by 
 arbitrators. 
 
 Appointment 
 of umpire by 
 IJoard of 
 Trade. 
 
 Appointment 
 of umjiire by 
 arbitrators 
 to Hupply 
 vacancv. 
 
 the application of the companies or any of them, the Board of 
 Trade, instead of the compauj so failing to appoint an arbitrator, 
 may appoint an arbitrator ; and the arbitrator so appointed 
 shall for the purposes of this Act be deemed to be appointed 
 by the company so failing. 
 
 IX. When the reference is made to two or more arbitrators, 
 if before the matters referred to them are determined any 
 arbitrator dies, or becomes incapable or unfit, or for seven 
 consecutive days fails to act as arbitrator, the company by 
 which he was a2)pointcd shall by writing under their common 
 seal appoint an arbitrator in his place. 
 
 X. Where the company by which an arbitrator ought to be 
 appointed in the place of the arbitrator so deceased, incapable, 
 unfit, or failing to act, fail to make the appointment within 
 fourteen days after being thereunto requested in writing by 
 the other company, or by the other companies or any of them, 
 then on the application of the companies or any of them 
 the Board of Trade may ajjpoint an arbitrator ; and the arbi- 
 trator so appointed by the Board of Trade shall for the pur- 
 poses of this Act be deemed to be appointed by the company 
 so failing. 
 
 XI. When any appointment of an arbitrator is made, the 
 company making the appointment shall have no power to 
 revoke the appointment, without the previous consent in 
 Avriting of the other company or every other company in 
 writing uudcr their common seal. 
 
 XII. Where two or more arbitrators are appointed, they 
 shall, before entering on the business of the reference, appoint 
 by writing under their hands an imjjartial and qualified per- 
 son to be their umpire. 
 
 XIII. If the arbitrators do not appoint an umpire within 
 seven days after the reference is made to the arbitrators, 
 then, on the application of the companies, or any of them, the 
 Board of Trade may appoint an umpire ; and the umpire so 
 appointed shall for the puqioses of this Act be deemed to be 
 appointed by the arbiti^ators. 
 
 XIV. Where two or more arbitrators are ap])ointcd, if 
 before the matters referred to them are determined their 
 umpire dies, or becomes incapable or unfit, or for seven con- 
 secutive days fails to act as umpire, the arbitrators shall by 
 writing imder their hands appoint an impartial and qualified 
 person to 1)0 their umjdre in his place.
 
 KAILWAY COMPANIES ARBITRATION ACT, 1859. 191 
 
 XV. If the arbitrators fail to appoint an umpire within 
 seven days after notice in writing to them of the decease, in- 
 capacity, unfitness, or failure to act of their umpire, then, on 
 the application of the companies, or any of them, the Board 
 of Trade may appoint an umpire ; and the umpire so appointed 
 shall for the purposes of this Act be deemed to be appointed 
 by the arbitrators so failing. 
 
 XVI. Every arbitrator appointed in the place of a pre- 
 ceding arbitrator, and every umpire appointed in the place of 
 a preceding umph'C, shall respectively have the like powers 
 and authorities as his respective predecessor, 
 
 XVII. Where there are two or more arbitrators, if they 
 do not, within such a time as the companies agi-ee on, or fail- 
 ing such agreement, within thirty days next after the refer- 
 ence is made to the arbitrators, agree on their award thereon, 
 then the matters referred to them, or such of those matters as 
 are not then determined, shall stand referred to their umpire. 
 
 XVIII. The arbitrator, and the arbitrators, and the um- 
 pire respectively may call for the production of any docu- 
 ments of evidence in the possession or power of the companies 
 respectively, or which they respectively can produce, and 
 which the arbitrator, or the arbitrators, or the umpire shall 
 think necessary for determining the matters referred, and 
 may examine the witnesses of the companies respectively on 
 oath, and may administer the requisite oath ; and in Scotland 
 may grant diligence for the recovery of the documents or 
 evidence, and for citing witnesses, and on application to the 
 Lord Ordinary he may issue letters of supplement or other 
 necessary writs in support of the diligence. 
 
 XIX. Except where and as the companies otherwise agree, 
 the arbitrator, and the arbitrators, and the umpire re- 
 spectively may proceed in the business of the reference in 
 such manner as he and they respectively shall think fit. 
 
 XX. The arbitrator, and the arbitrators, and the umpire 
 respectively may proceed in the absence of all or any of the 
 companies in every case in which, after giving notice in that 
 behalf to the companies respectively, the arbitrator, or the 
 arbitrators, or the umpire shall thiak fit so to proceed. 
 
 XXI. The arbitrator, and the arbitrators, and the umpire 
 respectively may, if he and they respectively think fit, make 
 several awards, each on part of the matters referred, instead 
 of one award on all the matters referred ; and every such 
 
 Aiipointment 
 of umpire by 
 Board of Trade 
 to supply 
 vacaacy. 
 
 Succeeding 
 arbitrators 
 and umpires 
 to Iiave powers 
 of predeces- 
 sors. 
 
 Reference to 
 umpire. 
 
 PovFpr for 
 arbitrators, 
 &c. to call for 
 books, &c., and 
 administer 
 oath. 
 
 Procedure in 
 the arbitration. 
 
 Arbitration 
 may jiroceed 
 in absence of 
 companies. 
 
 Several awards 
 may be made.
 
 192 RAILWAY COAfPANIES ARBITRATION ACT, 1859. 
 
 Awards made 
 in due time to 
 bind all parties. 
 
 Power for 
 umpire to 
 extend period 
 for making Lis 
 award. 
 
 Awards not to 
 bp set aside 
 for informality. 
 
 Awards to be 
 obeyed. 
 
 Agreements, 
 arbitrations, 
 and awards to 
 liave effect. 
 
 Costs of 
 
 award on part of the matters shall for .«;uch time as shall bo 
 stated iu the award, the same being such as shall have been 
 specified in the agi-eement for arbitration, or in the event of 
 no time having been so specified, for any time which the arbi- 
 trator may be legally entitled to fix, be binding as to all the 
 matters to which it extends, and as if the matters awarded 
 on were all the matters referred, and that notwithstanding 
 the other matters or any of them be not then or thereafter 
 awarded on. 
 
 XXII. The award of the arbitrator, or of the arbitrators, 
 or of the umpire, if made in writing under his or their respec- 
 tive hand or hands, and ready to be delivered to the com- 
 panies within such a time as the companies agree on, or, fail- 
 ing such agreement, within thirty days next after the matters 
 in difference are referred to (as the case may be) the arbi- 
 trator, or the arbitrators, or the umpire, shall be binding and 
 conclusive on all the companies. 
 
 XXIII. Provided always, that (except where and as the 
 companies otherwise agree) the umpire, from time to time by 
 Avriting under his hand, may extend the period ^^nthin which 
 his award is to be made ; and if it be made and ready to be 
 delivered within the extended time, it shall be as valid and 
 effectual as if made within the prescribed period. 
 
 XXIV. No award made on any arbitration in accordance 
 with this Act shall be set aside for any irregularity or in- 
 formality. 
 
 XXV. Except only so far as the companies bound by any 
 award in accordance with this Act from time to time other- 
 wise agree, all things by every award in accordance with this 
 Act lawfully required to be done, omitted, or suffered shall be 
 done, omitted, or suffered accordingly. 
 
 XXVI. Full effect shall be given by all the superior courts 
 of law and equity in the United Kingdom, according to 
 their respective jurisdiction, and by the companies respectively, 
 and otherwise, to all agreements, references, arbitrations, and 
 awards in accordance with this Act ; and the performance or 
 observance thereof may, where the courts think fit, be com- 
 pelled by distress infijiite on the property of the companies re- 
 spectively, or by any other process against the companies respec- 
 tively or their respective properly that the courts or any judge 
 thereof shall direct, and where requisite frame for the purpose. 
 
 XXVII. Except where and as the companies otherwise
 
 RAILWAYS CLAUSES ACT, 1863. 
 
 193 
 
 arbitration and 
 award. 
 
 Payment of 
 costs. 
 
 agree, the costs of and attending the arbitration and tlio 
 award shall be in the discretion of the arbitrator, and the 
 arbitrators, and the umpire respectively. 
 
 XXVIII. Excej^t where and as the companies otherwise 
 agree, and if and so far as the award does not otherwise 
 determine, the costs of and attending the arbitration and the 
 award shall be borne and paid by the companies in equal 
 shares, and in other respects the companies shall bear their 
 own respective costs. 
 
 XXIX. The submission to any arbitration in accordance Submission to 
 with this Act may at any time be made a rule of any of Her ^.g^J^adTa rule 
 Majesty's Superior Courts of Record at Westminster, or, as of court. 
 
 the case may be, at Dublin, on the application of any party 
 interested ; and the Court may remit the matter to the arbi- 
 trator, or to the arbitrators, or to the umpire, with any dii'ec- 
 tions the Court think fit. 
 
 XIII.~26 & 27 Vict. Cap. xcii. 
 
 An Act for consolidating in One Act certain Provisions 
 frequently inserted in Acts relating to Baihvays. 
 
 [28th July, 1863.] 
 
 Whereas The Railways Clauses Consolidation Act, 1845, 
 and The Railways Clauses Consolidation (Scotland) Act, 
 1845, respectively, were passed in order to comprise in one 
 general Act such provisions relating to railways in England 
 or Ireland, or in Scotland, respectively, as were at the times 
 of the passing of those Acts usually introduced into Acts of 
 Parliament authorizing the construction of railways : 
 
 And whereas sundry provisions of the like nature, but not 
 comprised in the said general Acts respectively, are now fre- 
 quently introduced into Acts of Parliament relating to rail- 
 ways, and it is expedient to comprise such last-mentioned 
 provisions also in one general Act, such Act to be applicable 
 to England or Ireland, or to Scotland, as the case may require, 
 and that as well for the purpose of avoiding the necessity of 
 repeating such provisions in special Acts relating to railways, 
 as for ensuring greater unifoi'mity in the provisions them- 
 selves :
 
 194 
 
 RAILWAYS CLAUSES ACT, 1863. 
 
 Be it therefore enacted by tlie Queen's most Excellent 
 Majesty, by and with the advice and consent of the Lords 
 spii'itual and temporal, and commons, in this present Parlia- 
 ment assembled, and by the authority of the same, as follows : 
 
 Short tide. I. This Act may be cited as The Railways Clauses Act, 
 
 1863. 
 
 Division of II. This Act shall be deemed to be divided into five pai-ts, 
 
 Act into parts. ^ follows : 
 
 Part I. relating to construction of a railway ; 
 Part II. relating to extension of time ; 
 Part III. relating to working agreements ; 
 Part IV. relating to steam vessels ; 
 Part V. relating to amalgamation. 
 
 Restrictions 
 on agreements 
 between com- 
 panies. 
 
 Part III. 
 Working Agreements. 
 
 XXII. Where two or more companies are authorized by a 
 special Act hereafter passed and incorporating this part of this 
 Act, to agree among themselves with respect to all or any of 
 the following purposes, namely : 
 
 The maintenance and management of the railways of the 
 companies respectively, or any one or more of them, or any 
 part thereof respectively, and of the works connected there- 
 with respectively, or any of them ; 
 
 The use and working of the railways or railway, or of any 
 part thereof, and the conveyance of traffic thereon ; 
 
 The fixing, collecting, and apportionment of the tolls, 
 rates, charges, receipts, and revenues le\'ied, taken, or arising 
 in respect of traffic ; — 
 
 Then and in every such case the authority so to agree, or the 
 agreement when entered into, shall not in any manner affect 
 any of the tolls, rates, or charges which the companies 
 parties thereto are from time to time respectively authorized 
 to demand and receive from any person or from any other 
 company ; but all such persons and companies shall, notwith- 
 standing the agi-eement, be entitled to the use and benefit of 
 the railways of the several companies, parties to the agree- 
 ment, ou the same terms and conditions, and on payment of 
 the same tolls, rates, and charges, as they would be if such
 
 RAILWAYS CLAUSES ACT, 1863. 195 
 
 autlioi'ity had not been given or the agreement had not been 
 entered into. 
 
 XXIII. The agi-eement shall not, save so far as its terms f^anction of 
 and conditions are authoi'ized by the Railways Clauses Consoli- a<nw)nents! 
 dation Act, 1845, or by the Railways Clauses Consolidation 
 (Scotland) Act, 1845, as the case may require, or by any 
 
 other general statute or law from time to time in force with 
 respect to the companies parties to the agreement, have any 
 operation unless and until it is sanctioned by such proportion 
 of the votes of the shareholders and stockholders entitled to 
 vote in that behalf at meetings of the several companies 
 parties thereto, present (personally or by proxy) at a general 
 meeting of each company specially convened for the purpose 
 (in manner hereinafter mentioned), as is prescribed in the 
 special Act, and if no proportion is prescribed, then by three- 
 fifths of such votes. 
 
 Every such meeting shall be convened by circular ad- 
 dressed to each such shareholder and stockholder, and served 
 in the manner prescribed by The Companies Clauses Consoli- 
 dation Act, 1845, or The Companies Clauses Consolidation 
 (Scotland) Act, 1845, as the case may requu'e, with respect 
 to notices requiring to be served by the company upon the 
 shareholders, and also by advertisement inserted once at 
 least in each of two consecutive weeks in some newspaper 
 published or circulating in the county prescribed in the 
 special Act, and if no county is prescribed, then in the 
 county in which the head office of the company is situate, the 
 last of such advertisements to be published not less than 
 seven days before the meeting. 
 
 XXIV. Before the companies enter into the agreement, Public notice 
 notice of their intention to do so shall be given by them or °IJJgJ7nto suc°h 
 one of them, in a form to be approved by the Board of Trade, agreement. 
 inserted once at least in each of three successive weeks in 
 
 some newspaper published or circulating in the county pre- 
 scribed in the special Act, and if no county is prescribed, 
 then in the county or one of the counties in which each rail- 
 way, to the maintenance, management, use, or working 
 whereof the proposed agreement relates, or some portion of 
 that railway, is situate ; and the notice shall set forth within 
 what time and in what manner any company or person 
 aggi'ieved by the proposed agreement, and desiring to object 
 thereto, may bring the objection befoi-e the Board of Trade.
 
 196 
 
 ILMLWAYS CLAUSES ACT, 1863. 
 
 Approval of 
 Board of 
 Trade. 
 
 Joint com- 
 mittee for 
 purposes of 
 agreements. 
 
 Apreements 
 between com- 
 panies may bo 
 modified by 
 Board of 
 Trade. 
 
 Uorkinj^ 
 agreements 
 between a 
 company and 
 an individual. 
 
 Alteration of 
 agreement. 
 
 XXV. The agreement shall not have any operation until it 
 is approved by the Board of Trade ; and the Board of Trade 
 shall not approve the agreement without being satLstied of 
 its having received such sanction of meetings of the respective 
 companies as aforesaid. 
 
 XXVI. The companies parties to the agreement may, in 
 accordance therewith and for the purposes thereof, appoint a 
 joint committee, composed of such number of the directors 
 of each company as the companies think proper, and from 
 time to time may vary and renew the joint committee as 
 occasion requires, and may regulate the proceedings of the 
 joint committee, and may delegate to the joint committee all 
 such of the powers of the companies as the companies think 
 necessary for carrying into effect the purposes of the agree- 
 ment ; and the joint committee shall have and may exercise 
 the powers so from time to time delegated to them in like 
 manner as the same powers might be had and exercised by 
 the companies respectively or theii" respective directors. 
 
 XXVII. At the expiration of the first or any subsequent 
 period of ten years after the making of the agreement, the Board 
 of Trade may, if they are of opinion that the interests of the 
 public are prejudicially affected thcreb}-, cause the same to be 
 revised ; and the Board of Trade may require the companies 
 parties thereto to publish such notices of any intended re- 
 vision of the agreement as the Board of Trade may direct ; 
 and the Board of Trade may modify the ag^-eement in such 
 manner as may seem expedient for the protection of the 
 interests of the public, and may declare the modification to 
 be part of the agreement, and the same shall be read and 
 take effect accordingly. 
 
 XXVIII. Where a company is authorized by a special Act 
 hereafter passed, and incorporating this part of this Act, to 
 agree with a person being the proprietor of a railway with re- 
 spect to all or any of the purposes s])ecified in this part of this 
 Act, then and in every such case the provisions of this part 
 of this Act shall apply, viutatls mutaJKh't^, to the company in 
 relation to such authority and to the agreement entered into 
 by virtue thereof. 
 
 XXIX. For the purposes of this pai't of this Act, any 
 alteration of an agreement by the parties thereto shall be 
 deemed an agreement.
 
 RAILWAYS CLAUSES ACT, 1863. 
 
 197 
 
 Part IV. 
 
 Steam Vessels. 
 
 XXX. Where a railway company incorporated either before 
 or after the passing of this Act is authorized by a special Act 
 hereafter passed and incorporating this part of this Act, to 
 build, or buy, or hire, and to use, maintain, and work, or to 
 enter into arrangements for using, maintaining, or working 
 steam vessels for the purpose of carrying on a communication 
 between any towns or ports, and to take tolls in respect of 
 such steam vessels, — then and in every such case tolls shall 
 be at all times charged to all persons equally, and after the 
 same rate in respect of passengers conveyed in a like vessel 
 passing between the same places under like circumstances ; 
 and no reduction or advance in the tolls shall be made in 
 favour of or against any person using the steam vessels in 
 consequence of his having travelled or being about to travel 
 on the whole or any part of the company's railway, or not 
 having travelled or not being about to travel on any part 
 thereof; or in favour of or against any person using the 
 railway in consequence of his having used or being about to 
 use or his not having used or not being about to use the 
 steam vessels ; and where an aggregate sum is charged by 
 the company for conveyance of a passenger by a steam vessel 
 and on the railway, the ticket shall have the amount of toll 
 charged for conveyance by the steam vessel distinguished 
 from the amount charged for conveyance on the railway. 
 
 XXXI. The provisions of the Railway and Canal Traffic Act, 
 1854, so far as the same are applicable, shall extend to the 
 steam vessels, and to the traffic carried on thereby. 
 
 XXXII. The company may from time to time make bye-laws 
 in relation to passengers, animals, and goods conveyed in or 
 upon the steam vessels, and as to the embarkation and 
 disembarkation thereof respectively, and may enforce the 
 observance of the same by penalties, in the same manner as 
 they may with respect to passengers, animals, and goods con- 
 veyed upon their railway ; such bye-laws to be sanctioned 
 and authenticated in the same manner as is required by 
 any special or other Act with respect to bye-laws rela- 
 ting to the company's railway, and be published by being 
 painted on boards, or printed on paper and pasted on boards, 
 
 Provision for 
 securing 
 equality of 
 treatment. 
 
 Application of 
 Railway and 
 Canal Traffic 
 Act. 
 
 Company 
 empowered to 
 make bye-la\T 
 for regulatin; 
 steam vessel.
 
 198 
 
 KAILWAYS CLAUSES ACT, 1863. 
 
 Recovery of 
 money by 
 distress. 
 
 Several names 
 in one warrant. 
 
 Provision for 
 cesser of 
 powers as to 
 steam vessels, 
 on report, from 
 board of 
 Trad.-. 
 
 aud liung up or affixed and continued on some conspicuous 
 part of every steam vessel and landing-place of the company; 
 and such b^'e-laws, and all penalties in respect of the breach 
 thereof, shall be enforced and recovered in the same manner 
 as is proA-idcd with respect to bye-laws relating to the cora- 
 ])any's railway, and to penalties in respect of the breach 
 thereof. 
 
 XXXIII. All tolls and charges for the steam vessels due and 
 payable to the company on any account whatsoever, and all 
 costs, damages, and expenses by the special Act directed to 
 be paid in respect of the steam vessels, may be levied by 
 distress ; and in England or Ireland any justice, and in Scot- 
 land the sheriff, may, on application by or on behalf of the 
 company, issue his warrant accordingly. 
 
 The justice or sheriff who issues the warrant of distress 
 may order that the costs of the proceedings for the recovery 
 of the toll or sum shall be paid by the person liable to pay 
 the toll or .'ium, and the costs shall be ascertained by the 
 justice or sheriff, and shall be included in the warrant of 
 distress for the recovery of the toll or sum. 
 
 XXXIV. Any number of names and sums maybe included 
 in any waiTant of distress or notice obtained or given by the 
 company for any of the purposes of this part of this Act, or 
 of the provisions of the special Act with respect to the 
 steam vessels, and may be stated either in the body of the 
 warrant or notice, or in a schedule thereto. 
 
 XXXV. In every seventh year after the passing of the 
 special Act, reckoned from the first day of Januai-y next after 
 its passing, the Board of Trade, if they are of opinion that the 
 ijiterests of the public are prejudicially affected by the exer- 
 cihC of the powers of the company relative to steam vessels, 
 may give to the company notice in writing thereof, and of 
 the reasons on which that opinion is founded ; and if the 
 company does not before the beginning of the then next 
 session of Parliament make provision to the satisfaction of 
 the Board of Trade for protection of the interests of the 
 public ; or if the injury done to the interests of the public is 
 in the opinion of the Board of Trade incapable of being 
 remedied by the onipany, then the Board of Trade, at the 
 beginning of the Session of Parliament then next following, 
 shall rejjort to both Houses of Parliament such their opinion, 
 and tlie reasons on which that opinion is founded, and at the
 
 RAILWAYS AMENDMENT ACT, 1868. 199 
 
 expiration of twelve calendar months after the presentation 
 to the Houses of Parliament of that report, the powers of the 
 company relative to steam vessels, or such of them as are 
 specified in the report, shall, unless Parliament in the mean 
 time otherwise provides, cease to be exercised. 
 
 XIV.— 31 & 32 Vict. Cap. cxix. 
 
 An Act to amend the Laiv relating to Railways. 
 
 [31st July, 1868.] 
 
 XV. On and after the first day of January, one thousand 
 eight hundred and sixty nine, every company shall cause to 
 be exhibited in a conspicuous place in the booking office of 
 each station on their line a list or lists, painted, printed, or 
 written, in legible characters, containing the fares of passengers 
 by the trains included in the time tables of the company from 
 that station to every place for which passenger tickets are 
 there issued. 
 
 XVI. Where a company is authorized to build or buy or 
 hire, and to use, maintain and work, or to enter into arrange- 
 ments for using, maintaining, or working steam vessels for 
 the purpose of carrying on a commimication between any 
 towns or ports, and to take tolls in respect of such steam 
 vessels, then and in every such case tolls shall be at all 
 times charged to all persons equally and after the same rate in 
 respect of passengers conveyed in a like vessel passing between 
 the same places under like circumstances ; and no reduction 
 or advance in the tolls shall be made in favour of or against 
 any person using the steam vessels in consequence of his 
 having travelled or being about to travel on the whole or any 
 part of the company's railway, or not having travelled or not 
 being about to travel on any part thereof or in favour of or 
 against any person using the railway in consequence of his 
 having used or being about to use, the steam vessels ; and 
 where an aggregate sum is charged by the company for con- 
 veyance of a passenger by a steam vessel and on the railway, 
 the ticket shall have the amount of toll charged for conveyance 
 by the steam vessel distinguished from the amount charged 
 for conveyance on the railway. 
 
 Fares to b»! 
 posted in 
 stations. 
 
 Provision for 
 securing 
 equality of 
 treatment 
 where railway 
 company work a 
 steam vessels.
 
 200 
 
 RAILWAYS AMENDMENT ACT, 1868. 
 
 Com))any 
 bouiul to 
 furnish parti- 
 culars 01 
 chartjes for 
 goods. 
 
 Charge when 
 two railways 
 worked hy one 
 company. 
 
 The prpvisions of " The Railway and Canal Traffic Act, 
 1854," so far as the same are applicable, shall extend to the 
 steam vessels and to the traffic can-ied on thereby. 
 
 XVII. Where any charge shall have been made by a 
 company in respect of the conveyance of goods over their 
 railway, on application in writing within one week after pay- 
 ment of the said charge made to the secretary of the company 
 by the pcr.son by whom or on whose account the same has 
 been paid, the company shall within fourteen days render an 
 account to the person so applying for the same, distinguishing 
 how much of the said charge is for the conveyance of the 
 goods on the railway, including therein tolls for the use of the 
 railway, for the use of carriages, for locomotive power, and how 
 much of such charge is for londing and unloading, covering, 
 collection, delivery, and for other expenses, but without par- 
 ticularizing the several items of which the last mentioned 
 portion of the charge may consist. 
 
 XVIII. Where two railways are worked by one company, 
 then in the calculation of tolls and charges for any distance 
 in respect of traffic (whether passengers, animals, goods, 
 carriages or vehicles) conveyed on both railways, the distances 
 travei'sed shall be reckoned continuously on such railways as 
 if they were one railway. 
 
 ******* 
 
 Arbitrator 
 a|>j)oiiited by 
 thn Hoard of 
 'I'radi,'. 
 
 Remuneration 
 of arbitnitor. 
 
 VI. Arbitration by Board of Trade. 
 
 XXX. Whenever the Board of Trade are required to make 
 any award or to decide any difference in any case in which a 
 company is one of the parties, they may appoint an arbitrator 
 to act for them, and his award or decision shall be deemed to 
 be the award or decision of the Board of Trade. If the arbi- 
 trator dies, or in the judgment of the Board of Trade becomes 
 incapable or unfit, the Board of Trade may appoint another 
 arliitrator. 
 
 XXXI. The ]Joard of Trade may fix the remuneration of 
 any arbitrator or umpire appointed by them in pursuance of 
 this or any other Act in any case where a company is one of 
 the parties, and may, if they think fit, frame a scale of remu- 
 neration for arbitrators or umpires so appointed by them, and 
 no arbitrator or umpire so a])pointed by them shall be entitled 
 to any larger remuneration than the amouiit fixed by the 
 Board of Trade.
 
 RAILWAYS AMENDMENT ACT, 1868. 
 
 201 
 
 XXXII. The provisions of sections eighteen to twenty-nine, ^ost, &c., of 
 both inclusive, of " The Railway Companies Arbitration Act, ^''^''trations. 
 1859 " shall, so far as is consistent with the tenor thereof, 
 
 apply to an arbitrator appointed by the Board of Trade, and 
 to his arbitration and award, notwithstanding that one of the 
 parties between whom he is appointed to arbitrate may not be 
 a railway company ; and in construing those sections for the 
 purpose of this Act the word "companies " shall be construed 
 to mean the parties to the arbitration. 
 
 XXXIII. All disputed questions as to any costs, charges, Costs, charges, 
 and expenses of and incident to any arbitration or award made ^axed and set- 
 under the provisions of " The Lands Clauses Consolidation tied by masters 
 Act, 1845," or of any special Act of Parliament incorporating i-q ^ o"""' 
 the same, whether the question in dispute arise as to com- Bench, 
 pensation to be made for lands required to be purchased and 
 
 actually taken by any railway company, or in respect of the 
 injurious aftecting of other lands not taken, or otherwise in 
 relation thereto, shall, if either party so requires, be taxed and 
 settled as between the parties by one of the masters of the 
 Court of Queen's Bench ; and it shall be lawful for such 
 master to receive and take in respect of each folio in length 
 of every bill of costs so settled a fee of one shilling and no 
 more, and such fee shall be taken in money and not in stamps 
 and may be retained by the said master for his own use and 
 benefit. 
 
 XXXVI. "Whenever in pursuance of any notice under the Special trains 
 Act of the session of the first and second years of the reign of pogf^j^gic'e"^ ^^ 
 her present Majesty, chapter ninety-eight, "To provide for the 
 Conveyance of Mails by Railways" or otherwise, the mails or 
 
 post letter bags are conveyed and forwarded by a company on 
 their railway by a special train, the Postmaster- General may 
 by the same or any other notice in writing require that the 
 whole of such special train shall be appropriated to the service 
 of the post office exclusively of all other traffic except such as 
 he may sanction, and the remuneration to be paid for such 
 service shall be settled as prescribed by the sixth section of 
 that Act. 
 
 XXXVII. All requisitions, notices, and documents which Service of 
 relate to a company, if purporting to be signed by the Post- ^p'" w'l"o'st- 
 master- General or some secretary or assistant secretary to the master-Gene- 
 post office, or by some officer appointed for the purpose by the '"'''•
 
 202 RAILWAYS AMEXDMENT ACT, 1868. 
 
 Portmaster- General, shall, imtil the ocmtnry is proved, be 
 deemed to have been so signed, and to hare been given or 
 made by the Postmaster- General, and the provisioDB of the 
 Act of the Session of the first and second years of the reign of 
 her present Mqeslj, chapter ninety-eight, ** To provide for the 
 Conveyance of Mails by Railways," requiring any notice, requi- 
 sition or doctunent to be under the hand of the Postmaster- 
 General, are iereby repealed. 
 
 XT, — Regulation by the Commissiosees. 
 
 Whereas section 10 of the " Regulation of Railways Act, 
 1873," transfers to the Railway Commissioners certain powers 
 and duties of the Board of Trade tinder the '* RailwaysXlauses 
 Act, 1863," and amongst others the power of approving the 
 form of notice to be given to the public by railway companies 
 of their intention to enter into agreements amongst themsdTes 
 under Part III. of the last-mentioned Act. 
 
 The form so approved by the Commissioners is as follow 
 
 The Railway Company, 
 
 and the 
 
 Railway Company. 
 
 Notice is hereby given pursuant to the provisions of the 
 Baiiways Clauses Act, 1863, and the Regulation of Railways 
 Act, 1873, and the 
 18 that it is the intention of the 
 
 Railway Company and the 
 
 Railway Company to enter into an 
 a^rreement for the following purposes, vir., (among other 
 things^ the 
 
 and that any company or person aggrieved by such proposed 
 agreement and desiring to object thereto, may bring such ob- 
 jection before the Railway Commissioners, by sending the same 
 in writing, addressed to the Railway Commissioners at their 
 office, at , L/ondon, on or before the ^ 
 
 * Twentr-e^t days should fnterrene between the date of the newspaper 
 cootaunhig the first inwrtkn of this ootire and the date here inserted.
 
 WORKING AGREEMENTS. 203 
 
 day of 187 , in which 
 
 office a copy of the proposed agreement can be seen. 
 
 Dated this day of 187 . 
 
 Secretary of the 
 (Solicitor or Agent.) 
 
 XVI. — Directions op the Railway Commissioners rela- 
 ting TO Working Agreements between two or 
 more Eailway Companies. 
 
 1. Care should be taken that at least twenty-eight days from 
 the date of the newspaper containing the first insertion of the 
 notice to the public of the intention of the compmies to enter 
 into a working agreement, are allowed for bringing objections 
 before the Railway Commissioners. 
 
 2. At the expiration of the period specified in the notices 
 for bringing objections before the Railway Commissioners, and 
 together with the application for their approval, there should 
 be sent to their office : 
 
 a. The Act or Acts of Parliament authorizing such agTee- 
 ment. 
 
 &. Copies of the newspapers containing the notices of the 
 intention of the two companies to enter into such agreement 
 which are required by the 24th section of the Railways Clauses 
 Act, 1863, 
 
 c. Copies of the newspapers containing the advertisements 
 of each comjjany, required by the 23rd section of the same 
 Act, convening the special meetings at which the agreement 
 was assented to. 
 
 d. A copy of the circular which was addressed to each 
 shareholder. 
 
 e. The agreement, sealed by the companies, together with 
 a certificate given under the hands of the chairman at the 
 meeting, and of the secretary of each company, stating that 
 such agTeement was duly assented to by the required pro- 
 portion of the votes of the shareholders and stockholders, 
 entitled to vote in that behalf at meetings of the company, 
 present (personally or by proxy) at a general meeting of each
 
 204 WORKING AGREEMENTS. 
 
 of the companies specially convened for that purpose, pursuant 
 to the 23rd section of the same Act. 
 
 o. The application to the Commissioners for their approval 
 should be made in the manner prescribed by their general 
 orders of August 1873, Nos. 2, G and 13. 
 
 The agreement, when approved by the Commissioners, will 
 be returned with their approval signified thereon, and the copy 
 lodged at their office will be retained by them.
 
 INDEX. 
 
 ACT, 
 
 application and extent of Railway and Canal Traffic, 1854, 44. 
 duration of, 1873, 43. 
 
 AFFIDAVIT, 15. 
 
 costs of, 16. 
 
 filing of, 16. 
 
 how framed, 16. 
 
 general order as to, 145. 
 AGREEMENTS. See Working Agreements and Railway 
 AND Canal, Company. 
 
 AMENDMENT, 
 
 of proceedings, 16. 
 
 ANIMALS. See Traffic. 
 
 ANSWER TO WRIT OF SUM3I0NS, 11. 
 
 form of, 11, 152. 
 
 general order as to, 142. 
 
 reply to, 12. 
 
 time for deliveiy of, 11. 
 
 verification of, 1 1 . 
 
 APPEAL, 
 
 to all the Commissioners from one or two of their number, 38. 
 to a superior court, 38. 
 general orders as to, 147. 
 APPLICATION TO COMMISSIONERS, 8. See also Complaints 
 AND Forms. 
 how left at office, 9. 
 interlocutory, how heard, 15. 
 receipt by registrar of, 151. 
 
 ARBITRATION, 
 
 appointment and remuneration of arbitrators, 190, 200. 
 
 difference between postmaster general and railway company, 32. 
 
 when gone into, 19. 
 
 fees for, 154. 
 
 by Board of Trade, 190, 200. 
 
 statute relating to, 188.
 
 ■206 INDEX. 
 
 ARRANGEMENTS, 
 
 between railway and canal company a.'* to trallic over canal, 29. 
 
 ASSESSORS, 
 
 appointment of, by cominissioners, 34. 
 
 ATTACHMENT, 
 
 against company, 7, 46. 
 
 ATTORNEY-GENERAL, 
 certificate by, 6. 
 jurisdiction of, not abolished, 44. 
 
 BOARD OF TRADE, 
 arbitration by, 200. 
 
 bye-laws by, respecting passengers, 67. 
 certificate of, 3, 6, 156. 
 what powers of, transferred to Commissioners, 20, 200. 
 
 BYE-LAWS, 
 
 of company must not contravene any statute, 75. 
 
 CABS. See Station (public vehicles at). 
 
 CANAL, 
 
 definition of, 2. 
 
 facility for tlii'ough ti-affic on, 6, 23. 
 
 maintenance of, by railway company, 30. 
 
 general order as to, 139. 
 
 leasing of tolls of, 177. 
 
 statute a.s to tolls on, 167. 
 
 statutes as to common carriers on, 173, 179. 
 
 CANAL COMPANY, 
 definition of, 2. 
 
 See also Railway and Canal Company. 
 
 CARRIER, 
 
 cannot compel unloading in any particular manner, 58. 
 
 enquiry as to contents of parcel by, 114. 
 
 not bound to give name of consignor or consignee, 116. 
 
 not bound to convey goods unless carriage paid or by special 
 
 contract, 136. 
 (consignee's) refusal to deliver goods to, 103. 
 
 See also Unduk PKErERKxcK. 
 
 CERTIFICATE, 
 
 of Attorney-General, Lord Advocate, and Board of Trade, C. 
 
 CHANCERY, COURT OF, 
 
 jurisdiction of, not iibolislied, 44.
 
 INDEX. 207 
 
 COAL, 
 
 railway company cannot trade in, 57. 
 
 COLLECTION AND DELIVERY OF GOODS, 
 
 company cannot enforce by own agents, 51. 
 jurisdiction by Commissioners as to charge for, 6, 29. 
 
 COMMISSIONERS. See Railway Commissioners. 
 
 COMPLAINTS, 
 
 communication by Commissioners to company of, 18. 
 
 form of, 8, 150. 
 
 how left at office, 9. 
 
 by public authorities, provision for, 8. 
 
 rules as to, 26, 46. 
 
 under Act of 1854, 6, 7. 
 
 CONSENT CASES, 
 
 parties dispensing with formal proceedings m, 9. 
 general order as to, 141. 
 
 CONTEMPT, 
 
 power to punish for, 36. 
 warrant of commitment for, 152. 
 
 CORPORATION, 
 
 complaint by, 8, 26, 46. 
 
 COSTS, 
 
 in discretion of Commissioners, 36. 
 
 security for, 37. 
 
 taxation and recovery of, 39, 42. 
 
 when granted, 49. 
 
 general orders as to, 146. 
 
 COURT OF SESSION, 
 
 superior court means, in Scotland, 37. 
 auditor of, as taxing master, 37, 43. 
 recovery of costs in, 39. 
 
 DECISION BY COMMISSIONERS, 
 
 may be made rule of any superior comt, 37. 
 
 DEFINITIONS, 
 
 of terms used in Act, 1. 
 
 DELIVERY. See Collection and Delivery. 
 
 DEPOSITION, 
 
 when used, 15. 
 
 DIFFERENCES, 
 
 when referred to Commissioners, 18, 19.
 
 208 INDEX. 
 
 DOCUMENTS, 
 
 fees for, how paid, 155. 
 production and ins])ection of, 13. 
 sijrned bv Comniijisioncrs, evidence of, 41. 
 general oixiers a.s to, 144, 146, 147. 
 
 EQUALITY OF TREATMENT, 
 
 when steam vessels wt)rked by railway company, 8. 
 See also Usdi;k Preference, Traffic, Kates. 
 
 EVIDENCE, 
 
 affidavits as, 15. 
 
 at hearing, 14. 
 
 depositions as, 14. 
 
 of documents signed by Commissioners, 41. 
 
 FACILITIES IN RECEIVING AND FORWARDING TRAF 
 FIC, 81 to 100. 
 
 FARES. See Rates. 
 
 FEES, 
 
 collection of, 42. 
 
 determination of, by Commissioners, 42. 
 
 notice under Public Offices Fees Act, 154. 
 
 for documents, how payable, 155. 
 
 table of, 149, 153. 
 
 FORMS, 8, 18, 19, 25, 28, 30, 31, 150 to 153. 
 
 GENERAL ORDERS, 137. 
 adjournment, 148. 
 affidavits, 147. 
 
 alteration and rescinding of, 39, 147. 
 amendments, 148. 
 answer, 142. 
 aj)peals, 147. 
 
 applications or com])laints, 137 to 140. 
 computation of time, 148. 
 Commissioners acting separately, 149. 
 consent cases, 141. 
 costs, 146. 
 evidence, 145. 
 formal objections, 149. 
 hearing, 145. 
 
 interlocutory applications, 147. 
 interpretation of, 41, 137. 
 issues. 143.
 
 INDEX. 209 
 
 GENERAL ORDERS (continued). 
 judgment, 146. 
 
 notice to produce and admit, 144. 
 preliminary communication with parties, 144. 
 preliminary meeting, 144. 
 preliminary question of law, 143. 
 practice of superior courts, when applicable, 148. 
 production and inspection of documents, 144. 
 registrar's office, when open, 148. 
 reply, 143. 
 
 suspension of proceedings, 140. 
 table of fees, 149. 
 
 time for appearance and showing cause, 142. 
 witnesses, 145. 
 writ of summons, 141. 
 
 GOODS. See Traffic. 
 
 HEARING, 
 
 power to adjourn, 15. 
 
 power to proceed ex parte, 14. 
 
 witnesses and evidence at, 14. 
 
 INJUNCTION, 
 
 jurisdiction now transferred to Commissioners, 5. 
 
 procedure in, 9. 
 
 under section 3 of Act of 1854, 7. 
 
 INQUIRIES, 
 
 under Act of 1 854, 9. 
 imder Act of 1873, 36. 
 
 INSPECTION. See Production and Inspection. 
 
 INTERLOCUTORY APPLICATIONS, 
 
 general order as to, 147. 
 practice as to, 5. 
 
 IRELAND, 
 
 meaning of superior court in, 2. 
 
 ISSUES, 
 
 power to direct and settle, 12. 
 
 JUDGMENT, 
 
 form of, 15. 
 
 JURISDICTION, 
 
 of Attorney -General, 44. 
 of Court of Chancery, 44. 
 when Commissioners act separately, 19, 32. 
 P
 
 210 INDEX. 
 
 LAW, 
 
 explanation and amendment of Act of 1854, 23. 
 explanation of alletred violation of, 17. 
 power to decide preliminary question of, 12. 
 
 LOADING AND UNLOADING, 
 
 chai-ges to be fixed by Commissioners, 29. 
 
 LORD CHANCELLOR, 
 
 general orders must be approved by, 40. 
 
 LUGGAGE. See Passenger and Teaffic. 
 
 MAILS, 
 
 conveyance of, 31 to 33. 
 
 definition of, 2. 
 
 statutes as to, 156, 166, 179, 201. 
 
 MEETING (PRELIMINARY), 
 
 power to compel communication in writing instead of, 13. 
 power to hold, 12. 
 
 NOTICES, 
 
 how to be given under the Act, 43. 
 
 of agreements lietween railway and canal companies, 30. 
 
 to produce and admit documents, 13. 
 
 OBJECTIONS (FORMAL), 
 
 cannot defeat complaints, 16. 
 
 OFFICERS UNDER ACT. See Railway Commissioners. 
 
 ORDERS, 
 
 Commissioners may review or rescind any made by them, 37. 
 of Commissioners may be made rule of any superior court, 37. 
 when ai)i)lication made to alter or rescind, 39. 
 
 ORDERS ((JENERAL). See General Orders. 
 
 OVERCHARGE. See Rates. 
 
 PARCELS, 114. See also Traffic. 
 
 collection and delivery of, 115, 118, 128. 
 
 enclosed in a hamper, 119. 
 
 Cfjual rates, 114, 119. 
 
 excessive charge for, 120, 129. 
 
 forwarded by agents, 117. 
 
 packed, 122. 
 
 prepayment, 128. 
 
 refusal to receive, 129. 
 
 right of consignor to countermand delivery, 127.
 
 INDEX. 211 
 
 PARCELS {continued). 
 
 sent by sea, 128. 
 
 special Act as to, 114. 
 
 under mai-ks, 127. 
 
 what to be charged as, 121. 
 PAELIAMENT, 
 
 general orders to be submitted to, 40. 
 
 powers of, as to continuance of general orders, 41. 
 
 reports by Commissioners to be annually laid before, 42. 
 PASSENGERS, 66. 
 
 bye-laws by Board of Trade as to, 67. 
 
 damages for detention of, 68. 
 
 fares of, 78. 
 
 inequality of charge to, 66. 
 
 refusal by steamboat owners to admit, 68. 
 
 right to shelter at junction, 66. 
 
 room in traui for, 67. 
 
 rules as to luggage of, 70 to 78. 
 
 season tickets to, 66. 
 
 PERSON, 
 
 includes a body corporate or unincorporate, 2. 
 
 POSTMASTER-GENERAL. See Mails. 
 
 PREFERENCE, 
 
 what reasonable, 60. 
 
 See also Undue Peefebence. 
 
 PROCEEDINGS, 
 
 amendment of, 16. 
 
 formal objection cannot defeat, 16. 
 
 parties may dispense with formal, 10. 
 
 PRODUCTION AND INSPECTION OF DOCUMENTS, 
 
 how notice to be given, 13. 
 
 PUBLICATION OF RATES. See Rates. 
 
 QUESTIONS OF LAW, 
 
 power to decide preliminary, 12. 
 superior court to determine, 37. 
 
 RAILWAY, 
 
 mcludes station, dock, or wharf belonging to or used by a 
 company, 2. 
 
 RAILWAY COMMISSIONERS, 
 annual report by, 42. 
 appointment and duties of, 4.
 
 212 INDEX. 
 
 RAILWAY COMMISSIOKERS (continued). 
 appointment of officers by, 35. 
 assessors, 34. 
 assistant, 34. 
 
 determination of fees bv, 42. 
 duration of office and itowcrs of, 43. 
 not to be interested in railway and canal stock, 4. 
 powers of, 35, 40. 
 regulations as to, 34. 
 salai'ies, 34. 
 sittings of, 39. 
 transfer of jurisdiction to, 5. 
 
 RAILWAY AKD CANAL COMPANIES, 
 
 af^reements between, to be sanctioned by Commissioners, 29. 
 application and extent of Act of 1854 to, 44. 
 attachment against, 7, 46. 
 bye-laws must not contravene statute, 75. 
 communication by Commissioners of complaints to, 18. 
 definition of, 2, 3. 
 
 differences between, referred to Commissioners, 18, 19. 
 evidence of being common carriers, 91. 
 facilities for through traffic, 6, 23. 
 notice as to agreements between, 30. 
 power as to rates over canal, 29. 
 rio'hts given by running powers to, 99. 
 See also Wobking Agreements. 
 
 RATES, 
 
 cheap trains, 187. 
 
 equal, over canals, 169, 175. 
 
 exhibition of, 91, 199. 
 
 for carriage by canal, 27, 92, 167. 
 
 for carriage by land and sea, apportionment of, 88. 
 
 for caiTiage over two railways, 88. 
 
 limitation of, 91. 
 
 of terminal charges, power of Commissioners to fix, 29. 
 
 overcharge, 95, 120. 
 
 publication of, 27. 
 
 right to detain and sell for payment of, 93, 96. 
 
 " through," notice of and rules for, 24. 
 
 " tlu"OUgh," i)Ower of Commissioners as to, 26. 
 
 unequal" 64, 66, 114, 117, 119, 123. 
 
 where two railways worked l>y one company, 200. 
 
 RECEIVING AND FORWARDING, 81. See Traffic.
 
 INDEX. 213 
 
 RECEIVING HOUSE, 
 
 definition of, 81. 
 
 REFERENCES, 
 
 of differences where railway and canal companies ai-e parties, 
 18, 19. 
 
 REGISTRAR, 
 
 appointment of, 35. 
 duties of, 9. 
 form of receipt by, 151. 
 office of, when open, 35, 148. 
 
 REHEARING, 
 
 by all the Commissioners, 40. 
 
 REPLY, 
 
 form and time for delivery of, 12, 152. 
 to answer under wi-it of summons, 12. 
 
 REPORT, 
 
 Commissioners to make annual, 42. 
 when to be laid before Parliament, 42. 
 
 SCOTLAND, 
 
 application of Act to, 43. 
 
 duties of Queen's and Lord Treasurer's Remembrancer, 43. 
 
 meaning of subpoena, 43. 
 
 SESSION, COURT OF. See Court of Session. 
 
 SITTINGS OF COMMISSIONERS, 39. 
 
 SPECIAL ACT, 
 definition of, 2. 
 
 STATION, 101. 
 
 book-stalls at, 109. 
 
 live stock at, 109. 
 
 obstruction to. 111. 
 
 power to let land adjoining, 105. 
 
 private property, 111. 
 
 public vehicles at, 106, 109. 
 
 rules as to closing, &c., 101, 103. 
 
 (terminal), joint possession of, 111. 
 
 STATION MASTER, 
 
 limitation of liability for act of, 112.
 
 214 INDEX, 
 
 STEAM VESSELS, 
 
 applioatiim of Act of 1854 to, 197. 
 convevance of goods out of England by, 87. 
 power of company to make bye-laws to, 197. 
 refusal to admit passengers on board, 68. 
 
 when worked by railway company, equality of treatment to 
 traffic by, 8^, 197, 199. 
 
 SUPERIOR COURTS, 
 appeal to, 38. 
 definition of, 2, 37. 
 
 order or decision of Commissioners may be made a rule of, 37. 
 practice of, when applicable, 17. 
 question of law to be determined by, 37. 
 statement of case for, by Commissioners, 37. 
 
 TAXATION OF COSTS, 36, 42. 
 TERMINAL CHARGES. See Rates. 
 
 THROUGH TRAFFIC, 
 
 amendment of law as to, 23. 
 under Act of 1854, 6. 
 
 THROUGH TRAINS, 46. 
 
 TIME, 
 
 computation of, 17. 
 
 TIME TABLES, 67, 69. 
 
 TOLL. See Rates. 
 
 TRAFFIC, 
 
 company must furnish particulars of charges for, 200. 
 
 compulsory charge lor delivery of, 128. 
 
 conveyance of animals by sea, 88. 
 
 conveyance of, by separate companies, 89, 91, 96. 
 
 conveyance of, out of P^ngland, 87. 
 
 dangerous goods as, 98, 121. 
 
 defective condition of truck, 131. 
 
 delivery of, 85, 89, 90, 96, 121. 
 
 detention of, 131. 
 
 directions as to mode of conveyance of, 97. 
 
 for market, 86. 
 
 forwarding and delivering, 23. 
 
 illegal to fix future, 99. 
 
 insurance of, 134. 
 
 leakage of, in transit, 82. 
 
 liability for damage to, 85. 
 
 limitation of liability for, 89, 131 to 134, 185.
 
 INDEX. 215 
 
 TRAFFIC (continued). 
 
 limitation to claiming damages for, 130, 132. 
 
 loading and imloading of, 121, 131, 161. 
 
 packing of, 130. 
 
 perishable goods, 85. 
 
 proof of damages to, 84, 186. 
 
 public baggage, 99. 
 
 reasonable conditions in forwarding, 130. 
 
 receiving and forwarding of, 6, 81 to 86, 182. 
 
 refusal of, bj consignee, 89. 
 
 refusal to receive goods as, 82, 83. 
 
 route to be carried, 85. 
 
 special contract as to, 89, 131. 
 
 statutes for the regulation of, 182, 187, 199. 
 
 unreasonable conditions in consigmnent note, 135. 
 
 TREASURY, 
 
 definition of, 2. 
 
 sanction of, to appointment of assessors and officex-s, 35. 
 
 UNDUE PREFERENCE, 23, 48. 
 
 by collecting and delivering goods, 51. 
 
 by deprivation of natural advantages, 49. 
 
 to company as carriers, 56. 
 
 to particvdar agents, 49. 
 
 to particular trader, 49. 
 
 to railway officials, 57. 
 
 to trader employing other lines, 51. " 
 
 to trader over larger mileage, 48. 
 
 relating to invention and improvements, 58. 
 
 under special contract, 57. 
 
 WARRANT, 
 
 of commitment for contempt, 152. 
 
 WITNESSES, 
 
 attendance of, how enforced, 14, 36. 
 
 WORKING AGREEMENTS, 
 
 Board of Trade jurisdiction as to, ti'ansferred, 20, 19-1. 
 
 direction by Commissioners relating to, 203. 
 
 general order as to, 38. 
 
 notice of, 195. 
 
 notice of intended, how to be given, 30. 
 
 regulation by Commissioners as to, 202. 
 
 sanction of shareholders to, 195. 
 
 statute as to, 194.
 
 216 INDEX. 
 
 "WKIT OF SUMMONS, 
 answer to, 11. 
 form of, 151. 
 
 licaring of application for leave to issue, 10. 
 indorsement of service, 11. 
 issuing, 10. 
 service, 10. 
 time for appearance and showing cause under, 11. 
 
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