The Sun.
London, England, 1854-04-14 00:00:00

~f ~~

/1/4C-
-

-

[PRICE SD.

RAILWAY INTELLIGENCE.

SECOND REPORT OF THE BOARD OF TRADE
ON THE RAILWAY BILLS OF 1854.

In compliance with a requisition from the general
committee on Railway and Canal Bills, the Board of
Trade have prepared a set of clauses affecting the for-
warding of traffic, working arrangements, and levies to
individuals, proposed to be inserted in all railway bills
now pending, and which are contained in their second
report just laid before Parliament. The report states
that until some general act ou the subject be
passed, the board considers clauses should be inserted,
at least in bills, sanctioning combination of interest be-
tween different companies calculated to secure to the
public, in respect of the companies so invested with more
extensive powers, the facilities of which, under the spirit
o
the law affecting nonillion carriers, they ought in
justice to afford.

FORWARDING OF TRAFFIC.
The clauses proposed in reference to traffic arrange-
ments, to compel the companies to forward it without
delay or partiality, and regulate the departure of their
trains so as to effect that object, are three in number :
"And whereas it is right that all reasonable fiftilities
should be afforded by the said companies, and each of them
for the receiving, forwarding, and delivering of the traffic,
whether in passengers or good s
upon the railways of such
companies, and for the return. of carriages and trucks, and
that without any undue preference or advantage being given
in favour of any particular person or
by such companies to or
company, or any particular deserit,tion or seers or
goods, and Whether in the
goods, whether minerals or other
form of parcels or otherwise, either with respect to the tolls,
rates, or charges extracted by such companies or ant part
of their railways, or in any othei respect'; And it
pedient that more effectual provision should be 'shade
' for enforcing such reasonable facilities, and swill egdalit
of treatment, in manner hereinafter mentioned : Be it
enacted as follows : It shall be the duty of the said coal_
panies respectively, and the said companies are hereby
required, anything contained in any act relat_ing,to:such
companies notwithstanding, to make all such arrange.
meats as may be necessary for receiving and forwarding
upon and delivering from the railways of such companies,
both in going and returning, without unreasonable delay
and without partiality, all such traffic as may lawfully be
required to be carried on such railways and for the return
of carriages and trucks.
" It shall be the duty of the said companies respectiielyt
and the said companies are hereby requiredifso to arrange
the trains run by them upon the said railways and.o re-
gulate the hours of arriving and starting of such trains at
the points of junction of such railways with the rail Ways
or canals of any other railway company, or railway and
canal company. whose lines of railway or canal form with
the said railways, or either of them, a continuous line of
communication, or which have a terminus, station, or
wharf near any station or terminus (or wharf) of the said
companies, or at the points where. transit is intended to be
made from one of such means of communication to the
other, as that the traffic arriving by one of such lines may
be forwarded on the other without any unreasonable de.
lay, and without undue preference or partiality, and so
that all reasonable accommodation may be afforded to the
public desirous of using such railway, or railways and
canals, as a continuous chain of communication.
"If any difference arise between the said companies, or
either of them, and any other railway company, or railway
and canal company, whether the station, terminus, or wharf
of the one is near the terminus, station, or wharf of the
other, within the meaning of this act, it shall be lawful for
the Board of Trade, on the application of either of the par-
ties, to decide such difference, and to declare that the sta-
tion, terminus, or wharf of one company is or is not near
the station, terminus, or wharf of the other, within the
meaning of this act.; and every declaration of the said
board that the station, terminus, or wharf of the one
company is near the station, terminus, or wharf of the
other company, within the meaning of this act, shall be
published in the London (Edinburgh. or Dublin) Gazdte,
and from and after such publication, and until the Board
of Trade shall have revoked such declaration by a like
publication, which they are hereby empowered to do if
they think fit, the stations, termini, or wharves mentioned
in such declaration shall, for all intents and purposes, be
deemed to be near each other within the meaning of this
act."

The report then suggests that, in order to avoid litiga-
tion, it would he desirable to give the Board of Trade a
power of deciding any disputes that may arise under the
foregoing clauses ; and proposes, " that when any person
shall have recovered judgment, or obtained a decree in any
court of competent jurisdiction, for breach of any duty im-
posed upon such companies by this act, or any act for the
time being in force relating to the said companies, or other-
wise imposed by law upon such companies, with respect to
the arrangements for the receiving, forwarding, or deliver-
ing of the traffic on or from their railway or canal, or in
providing for the return of carriages or trucks, or with
respect to the times of starting, stopping, or arriving of
any of their trains, or with respect to any undue preference
or advantage given by any such company to or in favour
of any particular persons or company, or any particular
description of passengers or goods, with respect to the tolls,
rates, or charges exacted by, such company on any portion
of their railway (or canal), or in any other respect, and also
for any railway or canal company who may be prejudiced
or aggrieved by the breach of any such duty as afores lid, to
apply to the Board of Trade to inquire into the case with a
'view to devising a remedy-for the grievance complained of, or
preventing the recurrence thereof, and it shall thereupon
be lawful for the said board, if they think fit, and if the pub-
lic interest appear to them to be involved in the matter, to
undertake such reference, and to institute and prosecute, in
such mode and by such officers as they think fit, all such
inquiries as they may consider necessary for enabling them
to form a just decision upon the matters referred to them ;
and the costa incurred by the Board of Trade iu such in-
quiries shall be paid by the parties to the inquiry, or by
such of them, and in such proportions as the said board
may determine ' • and it shall be lawful for the said board
I to make such order in the premises as the board may see
fit with respect to the arrangements as to the traffic, or
the regulations for conducting the same, or the adjustment
of the tolls, rates, and charges upon the railway [or canal]
of such company or companies ; and by such order to di-
rect all such acts, matters, and things to be done from
time to time by the said company, or the other parties to
the reference for giving full effect to any such order, and
for remedying the default or mischief, or preventing the
recurrence of the inconvenience complained of, as the
Board of Trade may think 'eloper."
" That in fixing such tolls the board may have regard to
the cost of snaking the respective lines of railway, and
other special circumstances, without reference to the
maximum traffic, and that such adjustment shall not affect
the tolls payable by any other company using such rail-
way."

41 That in any action or suit instituted against the kid
companies, or either of them, for breach of any duty im-
posed by this act, if such company be desirous to refer the
matter in difference to the decision of the Board of Trade,
it shall be lawful for the court in which such action or
suit is brought, on the application of such company, at any
stage of the proceedings iu such action or suit, to direct, if
it think fit, that such reference be made, and to make all

necessary orders for that .pUrpose; and with respect to
farther_ proceedings in such action or 'suit ; and it shall be
lawful for the Board of Trade to undertake such reference,
if •.they think fit, and to make such order or decision
with respect to the matter so referred to them as they
think proper; and any order or decision co -made by the
said Board shall be ..conclusive and -binding on. the
parties to such action or suit ; and it shall LA) lawful for
such court tUniake all such orders as shall be necessary for

giving effect to and enforcing the order or decision .d
made."

"That the board may, for the purpose of better enforc-
ing any orders to be made under the authority of this act,
in such order as aforesaid, direct the payment of such sum
of money by the company complained of to the party com-
plaining, by way of liquidated damages, for every day after
a day to be named in such order that such company shall
fail to obey and give full effect to such order; and such
damages or penalty may be recoved by action of debt in
any court of competent jurisdiction."
The report suggests that the committee sftould name
some sum as a maximum for such liquidated damages.