General Rules of Michaelmas Term, 1854. cxiii judge in like manner as upon an application to the court for a rule to show 17 & 18 VICT. cause. 2. If on the hearing of any such rule or summons the court or judge shall think fit to direct and prosecute inquiries into the matter thereof, under the third section of this act, the order for that purpose shall be in the following terms, or to the like effect; the rule or summons being enlarged until such further day as the court or judge shall think fit, in order that in the meantime such inquiries may be made and reported on : "In the Common Pleas. "In the matter of the complaint of A. B. [or of the company'] against the company. "It is ordered that C. D., Esq., engineer, [or as the case may be,] do forthwith make such inquiries into the matter of this complaint as may be necessary to enable the court [or the Honourable Mr Justice 6 '] to determine the same, and do report thereon to the court, [or 'to the said Mr Justice ,'] on or before the "Dated this day of day of next. 186 ." 3. Office copies of all the affidavits filed by either party on the hearing of such rule or summons shall, at the expense of such party, be furnished to the person appointed to make such inquiries, within three days after the making of such order as aforesaid. 4. The parties shall be entitled to be again heard by the court or judge upon the said report, but no fresh affidavits shall be allowed on such hearing, unless by leave of the court or a judge. 5. Every writ of injunction issued under this act shall be in the following form, or to the like effect : "Victoria, &c. To the Company, their agents and servants, and every of them, greeting: Whereas A. B. [or the company'] hath lately complained before us, in our Court of Common Pleas at Westminster, of a violation and contravention by you, the said company, of 'the Railway and Canal Traffic Act, 1854; that is to say, in [state the act or omission complained of :] And whereas, upon the hearing of such complaint the same hath found to be true; we do therefore strictly enjoin and command you the said Company, and your agents and servants, and every one of you, that you and every one of you do from henceforth altogether absolutely desist from [state the matter for the injunction whereon act done is complained of] [or 'that you and every one of you forthwith do'] [state the matter for the injunction where an omission is complained of] until one said court shall make order to the contrary. Witness, Sir William Erle, at Westminster, the of in the year of our Lord, day 6. If the court or judge shall think fit also to make an order, directing the payment of a sum of money by the company or companies complained of, such order shall be in the following form, or to the like effect : "In the Common Pleas. "In the matter of the complaint of Company. "It is ordered, that the said against the company do pay to the said [or into court, to abide the ultimate decision of the court in the matter of the said complaint,' or 'to the use of Her Majesty,] the sum of £ for instant, that the said company shall fail to obey a certain writ of injunction dated this day, and issued against he said company at the instance of the said 0.31. 7. If such money be ordered to be paid into court, to abide the ultimate decision of the court, the same shall, upon the ultimate decision of the court being made, be paid out of court either to the party complaining, or to the use of Her Majesty, or to the company by which the same was paid into court, as the court or judge shall direct. 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 or summons to be reheard before such court or judge, and upon such rehearing to rescind or vary such order. VI. No proceeding shall be taken for any violation or contravention 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, notwithstanding 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: Provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering any of the said animals, articles, goods, or things, as shall be adjudged by the court or judge before whom any question relating thereto shall be tried to be just and reasonable: Provided always, that no greater damages 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 occasioned, 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 c. 31. person claiming rate of charge; and such percentage or increased rate of charge 17 & 18 VICT. shall be notified in the manner prescribed in the statute 11 George IV. and 1 William IV. c. 68, [and shall be binding upon such company in the manner therein mentioned: Pro- Proof of value vided also, that the proof of the value of such animals, articles, to be on the goods, and things, and the amount of the injury done thereto, compensation. shall in all cases lie upon the person claiming compensation for such loss or injury: Provided also, that no special contract No special con between such company and any other parties respecting the tract to be bindreceiving, forwarding, or delivering of any animals, articles, signed. goods, or things as aforesaid, shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods, or things respectively for carriage: Provided also, that nothing herein contained saving of Carshall alter or affect the rights, privileges, or liabilities of any George IV. and such company under the said act of 11 George IV. and 11 william IV. William IV. c. 68, with respect to articles of the descriptions mentioned in the said act. unless riers Act, 11 c. 68. VIII. This act may be cited for all purposes as The Rail- Short title. way and Canal Traffic Act, 1854." 21 & 22 VICT. c. 75. An Act to amend the Law relating to Cheap Trains,* and to restrain the exercise of certain powers by canal companies being also railway companies.-[2d August 1858.] WHEREAS by the act passed in the session of Parliament held 7 & 8 Vict. c. in the seventh and eighth years of the reign of her present 85 (a). Majesty, chapter eighty-five, section six, 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 fortytwo, intituled, "An act to enable Canal Companies to become 8 & 9 Vict. c. 42. Carriers of Goods upon their Canals," by restraining as herein * Railways constructed under the Railways Construction Facilities Act, 1864, (post,) are subject to the provisions of this act. C. 75. 21 & 22 VICT. after mentioned the exercise of certain powers therein contained 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: For fractions under one mile one penny may be charged, and for fractions exceeding half a mile, where the distance amounts to one mile or more, one halfpenny may be charged. Rates heretofore ceeding those allowed by this clause not to be deemed exces (a) See ss. 6-10 of this act, ante. 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 eighty-five, 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 under 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 charged not ex- 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, chapter eighty-five, if the same shall not have exceeded the rate of one farthing for each entire quarter of a mile travelled. sive. Canal companies, being also rail III. Notwithstanding anything contained in the said recited. way companies, act of the ninth year of Her Majesty, it shall not be lawful for not to take leases any canal or navigation company, being also a railway comspecially author- pany, or entitled to work any railway constructed under the of canals unless ised. Act to be in force for one year. 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 part 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 specifically named and authorised 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. Railway Companies Arbitration Act, 1859. cxvii RAILWAY COMPANIES ARBITRATION ACT, 1859. (22 & 23 VICT. c. 59.) An Act to enable Railway Companies to settle their Differences with 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 Com- Short title. panies Arbitration Act, 1859;" and the expression "railway" Railway companies" in this act extends to and includes all persons being companies." the owners or lessees of, and all contractors working any railway upon which steam-power is used. way companies II. Any two or more railway companies, whether already or Power for railhereafter incorporated, (in this act called "the companies,") to refer matters from time to time, by writing under their respective common to arbitration. seals, may agree to refer and may refer to arbitration, in accordance with this act, any then existing or future differences, 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 companies which the directors of the companies respectively might lawfully delegate to any committees of themselves respectively. ments for refer III. The companies jointly, but not otherwise, from time to Power to alter time, by writing under their respective common seals, may add or revoke agreeto, alter, or revoke any agreement for reference in accordance ence. with this act theretofore entered into between the companies, or any of the terms, conditions, or stipulations thereof. |