27 & 28 VICT. notice to the company or persons empowered by the certificate, correct the error by a further certificate.

c. 121.

Proof of certificate.

Copies of certificate for sale.

Recovery and application of penalties.

As to custody of documents under 7 Will. IV. & 1 Vict. c. 83.

General rules in

schedule with

ment.

LX. A copy of the London, Edinburgh, or Dublin Gazette containing a certificate or a copy of a certificate, purporting to be printed by the printers of the London, Edinburgh, or Dublin Gazette, shall be conclusive evidence of the certificate, and of the due publication thereof, without any proof of the Gazette, or without any proof of the copy having been in fact so printed, as the case may be.

LXI. The company or persons empowered by a certificate shall at all times keep at their head office copies of the certifi cate printed by the printers of the Gazette or one of the Gazettes in which the same was published, in such form as general rules under this act direct, to be sold to all persons desiring to buy the same, at a price not exceeding one shilling for each

copy.

If any company or persons fail to comply with this provision they shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds for every day during which such failure continues after the first penalty is incurred.

LXII. Penalties under this act or under a certificate, the recovery and application whereof are not otherwise provided for, shall be recovered and applied as penalties under the Railways Clauses Acts are recoverable and applicable.

LXIII. The act of the session of the seventh year of King William the Fourth and the first year of Her Majesty, (chapter eighty-three,) "to compel clerks of the peace and other persons to take the custody of such documents as shall be directed to be deposited with them under the standing orders of either House of Parliament" (a), shall apply to documents required to be deposited by general rules under this act.

(a) See this act, p. i., ante.

LXIV. The general rules under this act shall in the first inpower for amend-stance be those set forth in the schedule to this act; and the Board of Trade may from time to time, for the better execution of this act, make general rules adding to, altering, or revoking any general rules for the time being in force under this act; but any general rules so made by the Board of Trade shall not have effect unless and until they are laid before both Houses of Parliament, and if either House of Parliament, within six weeks

Report of Board of Trade to Parliament.

cxcix

c. 121.

after the same are laid before that House, thinks fit to resolve 27 & 28 VICT. that the same or any part thereof ought not to take effect, the same or that part thereof (as the case may be) shall not take effect; otherwise all rules made by the Board of Trade under the present section shall be of the same force and effect as if they had been comprised in the schedule to this act.

All general rules which are to take effect under the present section shall be published in the London, Edinburgh, and Dublin Gazettes.

Parliament by

LXV. Not later than the first day of July in each year the Annual report to Board of Trade shall lay before both Houses of Parliament a Board of Trade. report respecting the applications to and proceedings of the Board of Trade under this act during the year then last past.

We, the

The SCHEDULE referred to in the foregoing Act.

I. NOTICE OF OPPOSITION, (UNDER S. 9.)

In the matter of

The Railways Construction Facilities Act, 1864,

The (proposed)

and

Railway.

Railway [or Canal] Company hereby declare and give notice that we desire to be heard by counsel, agents, and witnesses against the above-mentioned proposed undertaking.

Dated this day of

Witness, A.B.

, 18.

L.S.

II. FORM OF CERTIFICATE OF BOARD OF TRADE, (UNDER S. 13.).

The

Railway.

Certificate of the Board of Trade for the construction of the

Railway have contracted 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 follow the provisions of the certificate showing the powers conferred and the terms and conditions (if any) imposed.]

The Board of Trade,

(Signed) C.D.

Secretary to the Board of Trade.

27 & 28 VICT.

c. 121.

III. TOLLS AND CHARGES.

TABLE 1.

Maximum Charges for Use of Railway and Supply of Carriages, Waggons,

or Trucks.

For use of

railway, per
mile.

For supply of

carriage, waggon, or truck by the proprietors of the railway, the additional

sum per mile of

Passengers :

For every person,

Animals:

For every horse, ass, mule, or other beast of
draught or burden, (class 1,).

For every ox, cow, bull, or head of neat
cattle, (class 2,)

For every calf, pig, sheep, lamb, and other
small animal, (class 3,)

Goods (except as provided for in Table IV.):—
For cotton and other wools, manufactured

goods, drugs, fish, and all other wares,
merchandise, articles, matters, or things
not enumerated in any other class,
(class 4,)
per ton,
For sugar, grain, corn, flour, hides, dye-
woods, earthenware timber, staves, deals,
and metals, (except iron,) nails, anvils,
vices, chains, and light iron castings,
(class 5,)
per ton,
For coke, charcoal, pig iron, bar iron, rod
iron, sheet iron, hoop iron, plates of iron,
wrought iron, heavy iron castings, rail-
way chains, slabs, billets, and rolled iron,
lime, bricks, tiles, slates, salt, fireclay, and
stone, (class 6,)
per ton,
For dung, compost, manure, undressed
material for repair of public roads or
highways, coals, culm, cinders, cannel,
ironstone, iron ore, limestone, clay (ex-
cept fireclay,) chalk, sand, and slag,
(class 7,).
per ton,
For every carriage of whatever description
conveyed on a truck or platform belong-
ing to the proprietors of the railway,
(class 8 :)

If not weighing more than one ton
If weighing more than one ton, then
for the first ton,

And for every additional quarter of a
ton, or fractional part of a quarter of
a ton, above the first ton,

Maximum Charges for use of Railway.

cci

TABLE 2.

Maximum Charges for Supply of Locomotive Power.

For the use of engines for propelling carriages on the railway,
for every passenger, animal, and ton of goods, per mile, One Penny.

TABLE 3.

Maximum total Charges for Use of Railway and Supply of Carriages,
Waggons, or Trucks, and Supply of Locomotive Power, and every other
Expense incidental to Conveyance of Passengers, Animals, or Goods along
the Railway.

Maximum Charges for small Packages and single Articles of great Weight.

27 & 28 VICT

C. 121.

27 & 28 VICT. c. 121.

Short distance charge.

Fraction of mile; passengers.

Fraction of mile; animals and goods.

Fraction of ton.

Passengers' luggage.

Special trains.

Determination of weight.

Terminal station charges.

Small packages.

Agreement for higher charges.

REGULATIONS.

1. For passengers, animals, or goods conveyed on the railway for a distance less than that prescribed in the certificate as the short distance, and if none is prescribed then for a distance less than six miles, charges are to be payable as for the short distance prescribed, and if none is prescribed, then as for six miles.

2. In respect of passengers, every fraction of a mile beyond an integral number of miles is to be deemed a mile.

3. In respect of animals and goods, for a fraction of a mile beyond the short distance prescribed, or if none is prescribed then beyond six miles, or beyond any greater number of miles, charges are to be payable in proportion to the number of quarters of a mile contained in that fraction; and a fraction of a quarter of a mile is to be deemed a quarter of a mile.

4. For a fraction of a ton charges are to be payable according to the number of quarters of a ton in that fraction; and a fraction of a quarter of a ton is to be deemed a quarter of a ton.

5. Every passenger travelling on the railway may, without charge, cause to be carried in the same train with him his ordinary luggage, not exceed ing the weight prescribed in the certificate; and if none is prescribed, then not exceeding the weight of one hundred and twenty pounds for a firstclass passenger, one hundred pounds for a second-class passenger, and sixty pounds for a third-class passenger.

6. The restriction as to charges for passengers does not extend to special trains when required by passengers, but applies only to the ordinary or express passenger or goods trains appointed by the proprietors of the railway.

7. Except as to stone and timber, weight is to be determined according to avoirdupois weight.

Fourteen cubic feet of stone, and forty cubic feet of oak, mahogany, teak, beech, or ash, and fifty cubic feet of any other timber, are to be deemed one ton, and so in proportion for any smaller quantity.

8. In addition to the charges in Table III., a reasonable charge is to be payable for the loading, covering, and unloading of goods at any station, being a terminal station in respect of such goods, and for delivery and collection, and any other services incidental to the duty or business of a carrier, where such services, or any of them, are or is performed by the proprietors of the railway.

A station is not to be considered a terminal station in respect of goods, unless they are received there direct from the consignor, or are directed to be delivered there to the consignee.

9. The term small packages does not include articles sent in large aggregate quantities, although made up of separate parcels, such as bags of sugar, coffee, meal, and the like; but applies only to single parcels in separate packages.

10. Nothing herein or in the certificate contained is to prevent the proprietors of the railway from taking any charge over and above the charges hereinbefore limited for the conveyance of goods of any description by agreement with the owners of or any persons in charge of such goods, either in respect of the conveyance thereof (except small packages) by passenger trains, or by reason of any other special service performed by the proprietors of the railway in relation thereto.