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

•,
„„
40.;ne report the suggests thatrin, order to *void- litiga-
,,tpin, it would be . desirable to give' the Board. of Trade, a
power of deCiding any disputes 'tha,t MOY arise under the
foregoing clauses ; and proposes,q'thOt Am-Pony' ti4rseri
shall have recovered. judgmeßt,ior obtained a,,fiecree'ia any
:court of corapetent jurisdiction, for breach of any dutYlin-
posed upon iNnch' ieomnaniesbV this act, or any act for. the
time ,being in, three relating to the said companies/Jot other-
wise imposed by law upon such companies, with respect.to
the arrangements for the receiving-, forwarding; or deliver-
ing of tthe :traffic on or from their -railway or canal, or in
pyoviding, for , the return of • carriages ',or trucks; or -with
te&pect to the"times of startipg, stopping, or arriviw„, of
any of their-traits, or with respectin any Undue
°preference '
or advaatagb given by any such-CoinParry to 3t in faVour
of any particnlar persons or compaiab,or , uny :particular
deseription of passeirgers or goods, willirevect to the t 011%,:,,.
'rates, or charges exacted, by such company on tArniertioti.;
of their railway.(or canal), or hianyOther respeOt, and7abio
for any railway or canal com.pany who may be fsrej adipd...
"er rig-grits-P(11)y the breach of any such
,diity tat acs
ft to
apply to the Board of Trade to iiittalre into,thii &tie with a .
v i ow. to. dyVising a, ionic dy for flip giOar CoroplbilAill ofkor
preVentln't ;the rectirreuce " there9f, ‘4, itei3 ',llll)„9reigua
,13eliivittl• foi. thdt4ia-b oard; 4 r tfiej,,,trit. fit; if Se pub:,
.4",ititer**)earAthein to be -ipirieiired44 t,ht s IttiOi.to
q-'4dertek,,,e.p4ch.reterence, niadto inoityl94l4-41 Ps 'ate..klii
s'aeh Triode ;rind bSr. such officers ''.as ; they fhifik. .fii;Ull.' she .
inquiries as they :rosy e.bnsidor neceitrary forteirabliiis,thSrn
to forar.a hist decision upon tha uratterAr el * rreil.to them
and the costs inairred by the BoOrd of 41`r ' in such in-
qtiries stroll lab paid by the parties to ofi ‘ e quirv, or by
a 3
9141 of then!,
,and 'in sucli.proportiom 'otitlin'safiEboard,
may,detemine ; and it Shall bo,jaw‘ul fur ,the'saidtteard
to make such order.in the premises :as tlid board may see
fit With respect to the arrangements us to the traffic, or
the regulations for conducting the same„ or the adi ustine/its
of the tolls, rates, and charges upon the railway for canal}
of such company Or. companies ; and by such order to 4i-,-
rcpt. all such acts, matters, and .things .to be done fwd.
time to time by the said company, or the ether, parties try
the referenco',.9r giving full effect to any such order,
,and
for remedying the &fault or mischief, or preventing the
recurrence of the. ineonvenience complained of,. as the,
Board of Trade ini:ry 'think pi °per." , 0
-," That in'Aising such tolls the'bbOrd 'mOy have regAid"to
the Cost of - making , the respectite'dinpt,of-,,railway, and
other special, circumstances,, -without refirpAce - to-I,We'
tinaxiiniun traffic, and that such-D.(lj list al entlhall' not oftyci.,
the tolls- payable by any Other oonli)any .nsink 'Such.' raflo
•
way." . -p-:,'.. !I : -,, >: . • ~.. ,•
" That in any action or suit instituted ogling, the said
companies, or either'of '
.their, for' biefteh :of 'aifylkfii if 'im-
posed by, this act, if 'such company he.desirdus-to refer the:
Matter in difference to the decision of the Board of Trade,-
iti hall be lawful for the court in 'which such action or
suit is twought, ont the application 'of suet company,-at any,
stage of the proceedings in•such action-or suit,,td direct, if.
it think fit; that such reference be made, and to make all "
necessary' Orders', fat' that purrkosi; 'And with teipect to
,prooeedings irl such act ioqor suit ; and it - shall. tie •
lawful for the peard of Trade to. undertake such reference, -,
if :they : think-'fit'," and to 'make midi 'Oiler' or deeisien
with .respeCt to the Taatter so ieibtted- to the tr as . they
think proper; and any order or decision V made: by the
said _ Board shall be conclusive and binding ou the
parties to ,such action .or suit ; and it-shall be lawful for
such-court to make all such orders as-shall be necessary for
giving effect to and enforcing , the order or decision so 1
zurtde.o d ' - ' . ' :' -

." That the.board may, for the purpose -of betiinvenfOrel,
ing any orders to beinado under the au,tll9.ritrof .040 net,
In sueh'order-as aforesaid, direct the. payment' of such sum
of money by -the company complained of to the party eam-
plaining,,by way of liquidated damages, for every dsiy after
a day-to-be natned, in such order .that such company shall
fail to obey and give full effect to such .ordei; and such
damages or penalty may be rewired by notion' of debt in
any court of competent juriediction.." . ` .
The, report Suggests that the zgunnittee .6liguld name.
some suns as. a inaxiniurn far such iiquidhted ama(Yes.
- FACILITY outusks; • -

-The clauses -,propesed in order:to secure in ordinary
eaqes facilities for- the transmission, of the traffic of.one
Cefriptiy'oVer the of another are :
!‘ In-order; as far as practicable, to facilitate the tran3l'
mission of traffic passing to or from the A. railway .frotdor-;•
to any places once beyond the railways belonging tq the
B. rallwhy company without undue interruption or delay,
this said B. railway eempany.shalli- arta they are lief-04re.:
quired to,ittfford.atr all times such reasonable, and proper'
facilities and accommodation upon the lines of railway, and
at the several stations belonging t'o then, and 'to 'perform
such aervices ia,tbo.transmission of; such traffic upon the'
said last-mentiong,,lines, as shall: effectually secnro:,th.e•
objects aforesaid.; and the' said B.,railwarycompany„saliay
make such arrangements for • bob'kiiig at -their station.,
.v4l
passengera, animals, goods, parcels,. '144 oth.er.,t_l•3l6_ 0 cfirha';
may be. offered thereat for transniisaion.,paent the ral
belOngrhg 41irein, or any part -thereofifitee
oo .IroPnairetnecfetrf
A. "railway, 104119.11 bo uecesarY' thereof,:
such traffic, and the due and punetf°ut
and shalracconrit from. time tuno. to the, 4,;railway
the sump!" reCeiveti
company 'der Bach propo2.-toma f
respect oVenik traffle
by, them ,sit ,their said entitled}}, ';'ef4eive
stations
as the. A. railway company
o.
if requiredib3t-tlieX..•
u traille over the A.
in respect of the Passage of
shall also,
or any-part thereof
carry on such to,
cafri4.6l# }rag—
railway compad3r,belonging to or to be supplied by theL.s.
gonS, and trucks
'''Jtliat no change Of ati:16,67511 '11%;3'
railwaY- eciittP"' '-14 Mission .of any traffic :to 'ort_frottfa the toquired 09.trads.
A. railway,
or to any part of the railW belonging.
goo. Pan
Any . '
to thoseia railway Company;
differences arising as to the trattire'andeitenf Ofthe
be afforded, and the tolls ,be facilitiesb't Pai,l,therefor„
shall be se fled yar rauon in the manlier,. with
the RAilwAy dlanses Consolidation Act of 1843 With respect,
to the settlement of _disputes by arbitration... i • t- •
Another clause is provided ,to meet tate .oase ;where the
I portion of a line proposed:to be used hiS' eitii of a particu-
etprensiVe character by reasen of itabeininear a large
town,Afpetharwirai, •
"And the arbitrators or um ire, as the case may be,
shall not be limfretVak tespecta their or his of the
sums
-so to be paid 1):7 the said. A. railway company.in
rq-
sped of ftha,,liiiitters aforesaid, to the inazinSuisi tolls or
cher* Pracilheitty the acts • relating to 'the said
way; nor shall such arbitrators or umpire' make their or
his award witli.reference to the charge:a made or to be made
bY•iheisaiir 13. railyvay company ad carriers over the said
railway ;-bitt-such arbitrators or uuipiro shall and .may
award such tolls, charges,.rent,anil other consideration as
they,th ihallielnidider fair; idaving'-iegard- ii,tiy'extra-
orzlinar3incrat,prolierlv incurred in the purcliiiel-of land
for or in constructing tthe saidvertion off dha
wAy.ells,cpmparod..writh the cost of 'the land for and 4con-
.' strucfairg the 41-railway, and other special cirowatt
statieiyg sg'ae foleilve to each company the, due.;emuilera--,
tion-for tlici.tite Of its own line. Provided always, that no
such! adjustident of ;tolls and' charges aszirdrelsaid- shall
in smy manner, alter;• affect, • itierease, or .diolitigh any of
the 'tolls or charged which' the Said companies•ilhall Tor
tht.ti3ne• being bc.fespectively.atthorised and entitled to
demand ,and roc:6;N from, any Derson:br any other corns
.
party,•but tliat alke,t,,herdierfleus .solaSlegEOPsaltel *44. 144___If
Witliat4thin 9,DY4Udi adjustment, be entitled to Ole i 0!