« 이전계속 »
INTERSTATE COMMERCE REPORTS.
also be lawful for the said attorney-ger
or on the report
for the better Regulation of the Traf- when the distance between such stations, ter Railways and Canals.
mini, or wharves shall not exceed one mile, (10th July, 1854.)
such stations not being situated within five BSTRACT OF THE ENACTMENTS. miles from St. Paul's Church, in London.
2. Every railway company, canal company, ning of "Board of Trade;" “Traffic;" and railway and canal company, shall, accord/;" «Canal;" Company;" Stations.
ing to their respective powers, afford all reay of railway companies to make ar- sonable facilities for the receiving, and for ets for receiving and forwarding traffic, warding and delivering of traffic upon and unreasonable delay, and without par- from the several railways and canals belong.
ing to, or worked by, such companies respectties complaining that reasonable facili- ively, and for the return of carriages, trucks, rwarding traffic, etc., are withheld, may boats, and other vebicles, and no such commotion or summons to the superior pany shall make or give any undue or unrea
sonable preference or advantage to or in favor Des may make such regulations as may of any particular person or company, or any ry for proceedings under this Act.
particular description of traffic, in any respect mt or judge may order a rehearing. whatsoever, nor shall any such company sub we of proceeding under this Act.
ject any particular person or company, or any pany to be liable for neglect or default particular description of traffic, to any undue rriage of goods, notuithstanding notice or unreasonable prejudice or disadvantage in Erary--Company not to be liable beyond any respect whatsoever; and every railway mount
in certain cases, unless the value company and canal company, and railway and and extra payment made-Proof of canal company having or working railways or on the person claiming compensation, canals which form part of a continuous line of contract to be binding unless signed railway or canal, or railway and canal commuCarriers' Act, 11 Geo. 4 and í Wm. nication, or which have the terminus, station, or
wharf of the one near the terminus, station, t title.
or wharf of the other, shall afford all due and ne construction of this Act “the board reasonable facilities for receiving and forward shall mean the lords of the committee ing all the traffic arriving by one of such railajesty's privy council, for trade and ways or canals by the other, without any un lantations.
reasonable delay, and without any such preford “traffic" shall include not only erence or advantage, or prejudice or disadvan s and their luggage and goods, ani- tage, as aforesaid, and so that no obstruction
other things conveyed by any rail. may be offered to the public desirous of using pany or canal company, or railway such railways or canals, or railways and canals company, but also carriages, wagons, as a continuous line of communication, and so Dats, and vehicles of every descrip that all reasonable accommodations may, by oted for running or passing on the means of the railways and canals of the several - canal of any such company. companies, be at all times afforded to the pub Td railway shall include every sta- lic in that behalf. belonging to such railway, used for 3. It shall be lawful for any company or oses of public traffic; and the word person complaining against any such compa mall include any navigation whereon nies or company of anything done, or of any vied by authority of Parliament, and omission made in violation or contravention of harves and landing places of and be this Act, to apply in a summary way, by mo such canal or navigation, and used tion or summons, in England to Her Majesty's rposes of public traffic.
court of common pleas
at Westminster, or in pression "railway company," "canal Ireland to any of Her Majesty's superior courts " or "railway and canal company," in Dublin, or in Scotland to the court of ses de any person being the owner or sion in Scotland, as the case may be, or to any or any contractor working
any rail. judge of any such court; and upon the certifianal or navigation, constructed or cate to Her Majesty's attorney general in Eu under the powers of any Act of gland or Ireland, or Her Majesty's lord advo
cate in Scotland, of the board of irade alleging terminus, or wharf shall be deemed any such violation or contravention of this Act another station, terminus, or wharf, by any such companies or company, it shall
order directing the payment by any more of such companies of such sum of as such court or judge sball determine ceeding for each company the sum of : every day, after a day to be named in der, that such company or companies & to obey such injunction or interdict; a moneys shall be payable as the court may direct, either to the party compla into court to abide the ultimate decisic court, or to Her Majesty; and paymen may, without prejudice to any other recovering the same, be enforced b ment or order in the nature of a writ tion, in like manner as if the same recovered by decree or judgment in rior court at Westminster or Dubli gland or Ireland, and in Scotland by gence as is competent on an extract of the court of session; and in any ceeding as aforesaid, such court or j order and determine that all or any co or thereon incurred shall and may or to the one party or the other, as or judge shall think fit; and it shall for any such engineer, barrister, or son, if directed so to do by such cour to receive evidence on oath relating ter of any such inquiry, and to admi oath,
4. It shall be lawful for the sail common pleas at Westminster, or at the judges thereof, of whom the Ch shall be one, and it shall be lawful 1 courts in Dublin, or any nine of thereof, of whom the Lord Char Master of the Rolls, the Lords Chie the Queen's Bench and Common the Lord Chief Baron of the Exche be five, from time to time to mal INTER S.
also be lawful for the said attorney-general, general rules and orders as to the forms of or lord advocate, to apply in like manner to proceedings and process, and all other matters any such court or judge; and in either of such and things touching the practice and otherwise cases it shall be lawful for such court or judge in carrying this Act into execution before such to hear and determine the matter of such com. courts and judges as they may think fit, in plaint; and for that purpose, if such court or England or Ireland; and in Scotland it shall be judge shall think fit, to direct and prosecute, lawful for the court of session to make such in such mode and by such engineers, barris- acts of sederunt for the like purpose as they ters, or other persons, as they shall think proper, shall think fit. all such inquiries as may be deemed necessary 5. Upon the application of any party ag. to enable such court or judge to form a just grieved by the order made upon any such mojudgment on the matter of such complaint; tion or summons as aforesaid, it shall be law. and if it be made to appear to such court or ful for the court or judge, by whom such order judge on such hearing, or on the report of any was made, to direct, if they think fit so to do, such person, that anything has been done or such motion or application on summons to be omission made in violation or contravention reheard before such court or judge, and upon of this Act by such company or companies, it such rehearing to rescind or vary such order. shall be lawful for such court or judge to issue 6. No proceeding shall be taken for any & writ of injunction or interdict. restraining violation or contravention of the above enactsuch company or companies from further con ments, except in the manner herein provided; tinuing such violation or contravention of this but nothing herein contained shall take away Act, and enjoining obedience to the same; and or diminish any rights, remedies, or privileges in case of disobedience of any such writ of in- of any person or company against any railway junction or interdict, it shall be lawful for or canal or railway and canal company, under such court or judge to order that a writ or the existing law. writs of attachment, or any other process of 7. Every such company as aforesaid shall such court, incident or applicable to writs of be liable for the loss of, or for any injury done injunction or interdict, shall issue against any to any horses, cattle, or other animals, or to one or more of the directors of any company, any articles, goods, or things, in the receiving, or against any owner, lessee, contractor, or forwarding, or delivering thereof, occasioned other person, failing to obey such writ of in- by the neglect or default of such company or junction or interdict; and such court or judge its servants, notwithstanding any notice, conmay also, if they or he shall think fit, make an condition, or declaration made and given by order directing the payment by any one or such company contrary thereto or in any wise more of such companies of such sum of money limiting such liability; every such notice, conas such court or judge shall determine, not ex. dition or declaration being hereby declared to ceeding for each company the sum of £200 for be null and void; Provided always, That nothevery day, after a day to be named in the or. ing herein contained shall be construed to preder, that such company or companies shall fail vent the said companies from making such to obey such injunction or interdict; and such condition with respect to receiving, forward. moneys shall be payable as the court or judge ing, and delivering of any of the said animals, may direct, either to the party complaining, or articles, goods, or things as shall be adjudged into court to abide the ultimate decision of the by the court or judge before whom any quescourt, or to Her Majesty; and payment thereof tion relating thereto shall be tried, to be just may, without prejudice to any other mode of and reasonable; Provided always, That no recovering the same, be enforced by attach greater damages shall be recovered for the loss ment or order in the nature of a writ of execu- of, or for any injury done to, any of such ani. tion, in like manner as if the same had been mals beyond the sums hereinafter mentioned recovered by decree or judgment in any supe. (that is to say): for any horse, £50; for any rior court at Westminster or Dublin, in Èn neat cattle, per head, £15; for any sheep or gland or Ireland, and in Scotland by such dili pigs, per head, £2; uuless the person sending gence as is competent on an extracted decree or delivering the same to such company shall, of the court of session; and in any such pro. at the time of such delivery, have declared them ceeding as aforesaid, such court or judge may to be respectively of higher value than as above order and determine that all or any coststhereof mentioned, in which case it shall be lawful for or thereon incurred shall and may be paid by such company to demand and receive, by way or to the one party or the other, as such court of compensation for the increased risk and or judge shall think fit; and it shall be lawful care thereby occasioned, a reasonable percent. for any such engineer, barrister, or other per. age upon the excess of the value so declared son, if directed so to do by such court or judge, above the respective sums so limited as aforeto receive evidence on oath relating to the mat. said, and which shall be paid in addition to ter of any such inquiry, and to administer such the ordinary rate of charge; and such peroath.
centage or increased rate of charge shall be no4. It shall be lawful for the said court of tified in the manner prescribed in the Statute common pleas at Westminster, or any three of 11 Geo. 4, and 1 Wm. 4, c. 68, and shall be the judges thereof, of whom the Chief Justice binding upon such company in the manner shall be one, and it shall be lawful for the said therein mentioned; Provided, also, That the courts in Dublin, or any nine of the judges proof of the value of such animals, articles, thereof, of whom the Lord Chancellor, the goods, and things, and the amount of the inMaster of the Rolls, the Lords Chief Justice of jury done thereto, shall in all cases lie upon the Queen's Bench and Common Pleas, and ihe person claiming compensation for such loss the Lord Chief Baron of the Exchequer, shall or injury: Provided, also, That no special con. be five, from time to time to make all such tract between such company and any other parties respecting the receiving, forwarding or THE REGULATION OF RAILWAYS delivering of any animals, articles, goods or
ACT, 1873. things, as aforesaid shall be binding upon or af.
(36 & 37 Vict. c. 48.) fect any such party unless the same be signed by him or by the person delivering such ani.
An Act to make better provision for carrymals, articles, goods or things respectively for ing into effect the Railway and Canal Trafic carriage; Provided, also, That nothing herein Act, 1854, and for other purposes connected contained shall alter or affect the rights, priv- therewith. (21st July, 1873.) ileges or liabilities of any such company under
Be it enacted as follows: the saidAct of the 11 Geo. 4 & 1 Wm. 4, c. 68,
Preliminary. with respect to articles of the description mentioned in the said Act.
1. This Act may be cited as the Regulation 8. This Act may be cited for all purposes of Railways Act, 1873. as the “Railway and Canal Traffic Act, 1854.' 2. This Act shall, except as herein is other
wise expressly provided, come into operation THE REGULATION OF RAILWAYS on the first day of September, 1873, whicb date ACT, 1868.
is in this Act referred to as the commencement (31 & 32 Vict. c. 119.)
of this Act.
3. In this Act the term "railway company" Interpretation of Terms.
includes any person being the owner or lessee Sec. 2. In this Act the term "railway" means of or working any railway in the United King. the whole or any portion of a railway or tram. dom constructed or carried on under the powway, whether worked by steam or otherwise. ers of any Act of Parliament.
The term "company" means a company in. The term “canal company” includes any corporated either before or after the passing of person being the owner or lessee of, or work this Act for the purpose of constructing, main ing, or entitled to charge tolls for the use of taining, or working a railway in the United any canal in the United Kingdom constructed Kingdom (either alone or in conjunction with or carried on under the powers of any Act of any other purpose), and includes, except when Parliament. otherwise expressed, any individual or individ- The term “person" includes a body of peruals not incorporated who are owners or lessees sons corporate or unincorporate. of a railway in the United Kingdom, or parties The term “railway" includes every station, to an agreement for working a railway in the siding, wharf, or dock of or belonging to such United Kingdom.
railway and used for the purposes of public The term “person" includes a body corpo- traffic. rate.
The term “canal" includes any navigation Provision for Securing Equality of Treatment tolls may be levied by authority of Parliament;
which has been made under or upon which where Railway Company Works Steam
and also the wharves and landing places of and Vessels.
belonging to such canal or navigation, and Sec. 16. Where a company is authorized to used for the purposes of public traffic. build, or buy, or hire, and to use, maintain, The term traffic" includes not only passen. and work, or to enter into arrangements for gers and their luggage, goods, animals, and using, maintaining, or working, steam vessels other things conveyed by any railway compafor the purpose of carrying on a communica. ny or canal company, but also carriages, wagtion between any towns or ports, and to take ons, trucks, boats, and vehicles of every detolls in respect of such steam vessels, then and scription adapted for running or passing on in every such case tolls shall be at all times the
railway or canal of any such company. charged to all persons equally and after the The term "mails” includes mail bags and same rate in respect of passengers conveyed in post letter bags. a like vessel passing between the same places The term 'special act” means a local or local under like circuinstances; and no reduction or and personal act, or an act of a local and peradvance in the tolls shall be made in favor of sonal nature, and includes a provisional order or against any person using the steam vessels of the board of trade confirmed by Act of Parin consequence of his having traveled or be liament, and a certificate granted by the board ing about to travel on the whole or any part of of trade under the Railways Construction Fathe company's railway, or not having traveled cilities Act, 1864. or not being about to travel on any part there- The term “the treasury" means the commisof, or in favor of or against any person using sioners of Her Majesty's treasury for the time the railway in consequence of his having used being. or being about to use, or his not having used The term "superior court” means in Enor not being about to use, the steam vessels, gland any of Her Majesty's courts at Westminand where an aggregate sum is charged by the ster; in Ireland, any of Her Majesty's superior company for conveyance of a passenger by a courts at Dublin, and in Scotland, the court of steam vessel and on the railway, the ticket session. shall have the amount of toll charged for con: Appointment and Duties of Railway Commisveyance by the steam vessel distinguished from
sioners. the amount charged for conveyance on the railway.
4. For the purpose of carrying into effect The provisions of the Railway and Canal the provisions of the Railway and Canal Traffic Traffic Act, 1854, so far as the same are ap- Act, 1854, and of this Act, it shall be lawful plicable, shall extend to the steam vessels and for Her Majesty, at any time after the passing to the traffic carried on thereby.
of this Act, by warrant under the royal sigo
manual, to appoint not more than three com- sued and made by the said courts and judges;
if they think fit, before requiring or permitting
5. Any person appointed a commissioner is, under the provisions of any general or speunder this Act shall, within three calendar cial Act, passed either before or after the passmonths after his appointment, absolutely selling of this Act, required or authorized to be and dispose of any stock, share, debenture referred to arbitration, such difference shall, stock, debenture bond, or other security of any at the instance of any company, party to the railway or canal company in the United King- difference, and with the consent of the comdom which he shall at the time of his appoint- missioners, be referred to the commissioners ment own or be interested in for his own ben for their decision in lieu of being referred to efit; it shall not be lawful for any person ap- arbitration; Provided, That the power of compointed a commissioner under this Act, so long pelling a reference to the commissioners in this as he shall hold office as such commissioner, section contained shall not apply to any case to purchase, take, or become interested in for in which any arbitrator has in any general or his own benefit, any such stock, share, debent special Act been designated by his name, or by ure stock, debenture bond, or other security, the name of his office, or in which a standing and if any such stock, share, debenture stock, arbitrator having been appointed under any debenture bond or other security, or any in special or general Act, the commissioners are terest therein, shall come to or vest in such of opinion that the difference in question may commissioner by will or succession, for his more conveniently be referred to him. own benefit, he shall, within three calendar 9. Any difference to which a railway commonths after the same shall so come to or vest in pany or canal company is a party, may, on the him, absolutely sell or dispose of the same or application of the parties to the difference, and his interest therein.
with the assent of the commissioners, be reIt shall not be lawful for the commissioners, ferred to them for their decision. except by consent of the parties to the proceed 10. The following powers and duties of the ings, to exercise any jurisdiction by this Act board of trade shall be transferred to the comconferred upon them in any case in which they missioners, namely: shall be directly or indirectly interested in the (1.) The powers of the board of trade under matter in question. The commissioners shall part III of the Railway Clauses Act, 1863, or devote the whole of their time to the perform under any special Act, with respect to the ap. ance of their duties under this Act, and shall proval of working agreements between railway not accept or hold any office or employment companies; and, inconsistent with this provision.
(2.) The powers and duties of the board of 6. Any person complaining of anything done trade under section 35 of the Railway Clauses or of any omission made in violation or con- Act, 1863, with respect to the exercise by railtravention of section 2 of the Railway and Ca- way companies of their powers in relation to nal Traffic Act, 1854, or of section 16 of the steam vessels. Regulation of Railways Act, 1868, or of this And the provisions of the said Acts confer. Act, or of any enactment amending or apply. ring such powers or imposing such duties, or ing the said enactments respectively, may ap. otherwise referring to such powers or duties, ply to the commissioners, and upon the certifi. shall, so far as is consistent with the tenor cate of the board of trade alleging any such thereof, be read as if the commissioners were violation or contravention, any person ap- therein named instead of the board of trade. pointed by the board of trade in that behalf may in like manner apply to the commission.
Explanation and Amendment of Law. ers; and for the purpose of enabling the com- 11. Whereas, by section 2 of the Railway missioners to hear and determine the matter and Canal Traffic Act, 1854, it is enacted that of any such complaint, they shall have and every railway company and canal company may exercise all the jurisdiction conferred by and railway and canal company shall, accord. section 3 of the Railway and Canal Traffic Act, ing to their respective powers, afford all rea1854, on the several courts and judges empow. sonable facilities for the receiving, and for ered to hear and determine complaints under warding and delivering of traffic upon and that Act; and may make orders of like nature from the several railways and canals belong. with the writs and orders authorized to be is. Iing to or worked by such companies respectively, and for the return of carriages, trucks, (6.) If the objection be only to the appor boais, and other vehicles; and that no such tionment of the rate, the rate shall come into company shall make or give any undue or un-operation at the expiration of the prescribed reasonable preference or advantage to or in period, but the decision of the commissioners favor of any particular person or company, or as to its apportionment shall be retrospective; any particular description of traffic, in any re- in any other case the operation of the rate shall spect whatsoever, or shall subject any partic- be suspended until the decision is given. ular person or company, or any particular de (7.) The commissioners, in apportioning the scription of traffic, to any undue or unreason through rate, shall take into consideration all able prejudice or disadvantage in any respect the circumstances of the case, including any whatsoever; and that every railway company special expense incurred in respect of the conand canal company and railway and canal com struction, maintenance or working of the route, pady, having or working railways or canals or any part of the route, as well as any special which form part of a continuous line of railway, charges which any company may have been or canal, or railway and canal communication, entitled to make in respect thereof. or which have the terminus, station, or wharf (8.) It shall not be lawful for the commisof the one, near the terminus, station, or wharf sioners in any case to compel any company to of the other, shall afford all due and reason. accept lower milage rates than the milage rates able facilities for receiving and forwarding by which such company may for the time being one of such railways or canals all the traffic legally be charging for like traffic carried by a arriving by the other, without any unreason- like mode of transit on any other line of com. able delay, and without any such preference or munication between the same points, being the advantage or prejudice or disadvantage, as points of departure and arrival of the through aforesaid, and so that no obstruction may be route. offered to the public desirous of using such (9.) The prescribed period mentioned in this railways or canals, or railways and canals as a section shall be ten days, or such longer period continuous line of communication, and so that as the commissioners may from time to time, all reasonable accommodation may by means by general order, prescribe. of the railways and canals and of the several Where a railway company or canal company companies be at all times afforded to the pub. use, maintain, or work, or are party to an arlic in that behalf:
rangement for using, maintaining, or working And, whereas, it is expedient to explain and steam vessels for the purpose of carrying on a amend the said enactment, Be it therefore en communication between any towns or ports, acted, that
the provisions of this section shall extend to Subject as hereinafter mentioned, the said such steam vessels and to the traffic carried facilities to be so afforded are hereby declared thereby. to and shall include the due and reasonable re. 12. Subject to the provisions in the last preceiving, forwarding, and delivering by every ceding section contained, the commissioners railway company and canal company and rail shall have full power to decide that any proway and canal company, at the request of any posed through rate is due and reasonable, notother such company, of through traffic to and withstanding that a less amount may be allotfrom the railway or canal of any other such ed to any forwarding company out of such company at through rates, tolls, or fares (in through rate than the maximum rate such comthis Act referred to as througb rates).
pany is entitled to charge, and to allow and apProvided as follows:
portion such through rate accordingly. (1.) The company requiring the traffic to be 13. A complaint of a contravention of secforwarded shall give written notice of the pro- tion 2 of the Railway and Canal Traffic Act, posed through rate to each forwarding com. 1854, as amended by this Act, may be made to pany, stating both its amount and its appor- the commissioners by a municipal or other tionment, and the route by which the traffic is public corporation, local or harbor board, with. proposed to be forwarded.
out proof that the complainants are aggrieved (2.) Each forwarding company shall, within by the contravention; Provided, That a comthe prescribed period after the receipt of such plaint shall not be entertained by the commis. notice, by written notice, inform the company sioners in pursuance of this section unless such requiring the traffic to be forwarded whether complaint is accompanied by a certificate of they agree to the rate and route; and, if they the board of trade to the effect that in their object to either, the grounds of the objection. opinion the case, in respect of which the com
(3.) If at the expiration of the prescribed plaint is made, is a proper one to be subntitted period no such objection has been sent by any for adjudication to the commissioners by such forwarding company, the rate shall come into municipal or other public corporation, local or operation at such expiration.
harbor board. (4.) If any objection to the rate or route has 14. Every railway company and canal com been sent within the prescribed period, the pany shall keep at each of their stations and matter shall be referred to the commissioners wharves a book or books showing every rate for their decision.
for the time being charged for the carriage of (5.) If an objection be made to the granting traffic other than passengers and their luggage, of the rate or to the route, the commissioners from that station or wharf to any place to shall consider whether the granting of the rate which they book, including any rates charged is a due and reasonable facility, in the interest under any special contract, and stating the disof the public, and whether, having regard to tance from that station or wharf of every stathe circumstances, the route proposed is a rea- tion, wharf, siding, or place to which any such sonable route, and shall allow or refuse the rate is charged. rate accordingly.
Every such book shall, during all reasonable