Halesowen Railway Act 1880
| Jurisdiction | UK Non-devolved |
| Citation | 1880 c. clxxxii |
[43 & 44
VICT.]
Halesowen Railway Act, 1880. [Oh. clxxxii.]
CHAPTER clxxxii.
An Act to confer further powers on the Halesowen Railway
A.D. ISSO.
Company; and for other purposes. [26th August 1880.]
W
HEREAS by the West Midland Railway Act, 1862, the West
25 &26
Vict.
Midland Railway Company were authorised to make and c-lxxx1,
maintain a certain branch line of railway commencing in the parish
of Netherton, near Dudley, in the county of Worcester, and
terminating in the parish of Halesowen, in the same county :
And whereas by the Great Western Railway (West Midland
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&
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Vict.
Amalgamation) Act, 1863, the West Midland Railway Company c'cxm"
was amalgamated witli the Great Western Railway Company, and
the powers for the construction of the then authorised Netherton
and Halesowen Branch Railway (which had not been commenced)
were thereby transferred to the Great Western Railway Company:
And whereas by the Halesowen and Bromsgrove Branch Rail- 28&29Vic\
ways Act, 1865 (herein-after called "the Act of 1865 "), the Hales- c- ccxxxiii-
owen and Bromsgrove Branch Railway Company (who, under that
or any subsequent acquired name, are referred to in this Act as
" the Company ") were incorporated and authorised to malec and
maintain with all proper works, stations, and conveniences certain
railways in the county of Worcester, being (inter alia):
First. A railway commencing in the parish of King's Norton by
a junction with the Birmingham and Gloucester division of the
Midland Railway, and terminating in the township of The Hill
and parish of Halesowen;
Second. A railway entirely situate in the township of The Hill
and parish of Halesowen, commencing at the point where the
said first described railway ceased, and terminating by a
junction with the authorised Netherton and Halesowen branch
of the West Midland Railway :
And whereas by section thirty-seven of the Act of 1865 certain
heads of agreement contained in and forming the Eirst Schedule
to that Act, and made between the Company and the Midland
[LocaL-182.] A 1
[Oh.
clxxxii.] Halesowen Railway Act, 1880. [43 & 44 VICT.]
A.D 1880. Railway Company (herein-after called "the Midland Company")
and the Great Western Railway Company (herein-after called " the
Great Western Company
"),
were confirmed and made binding on
the said companies respectively:
And whereas by clause, one of such heads of agreement the
Company agreed at their own expense to make and maintain the
railway, stations, buildings, and works by the Act of 1865 firstly
and secondly authorised- (which railways were therein-after referred
to as the Halesowen line), including a terminal station at Halesowen,
with the necessary conveniences thereto, and proper sidings at the
junction with the Midland Railway for the convenient interchange
of traffic in passengers and goods, to the satisfaction of the respective
engineers of the three companies, or, in case of their difference, to
the satisfaction of an engineer to be, on the application of the three
companies or any two or one of them, appointed by the Board of
Trade:
By clause two it was agreed that from and after the time when
the railways were so completed and authorised to be opened for
public traffic, the Midland Company and the Great Western
Company at all times at their own joint expense and risk should
maintain, manage, man, stock, work, and use the Halesowen ]ine
and works, and should work and use the same and the traffic
thereon so as properly to develop and accommodate not only the
through traffic but also the local traffic of the district to be served
by that line; and that each of the two last-mentioned companies
should at all times have separately the full power of running over
and using the Halesowen line, and the stations and conveniences
connected therewith, with engines, carriages, waggons, and otherwise
for all purposes of traffic :
By clause seven that the gross receipts for through traffic should
be calculated and divided between the three companies in such
manner and in such proportions as therein respectively specified:
By clause eight that each of them the Midland Company and
the Great Western Company should allow the Company a propor-
tionate addition by way of rebate as therein specified:
By clause eighteen that all differences between the three com-
panies or any two of them, and all questions as to the carrying into
effect of the provisions of that arrangement, should he determined
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&
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Vict,
foy arbitration under the Railway Companies Arbitration Act, 1859,
°' ' by a single arbitrator, to be, if not agreed upon, appointed by the
Board of Trade with ample powers :
And by clause nineteen that a formal agreement for carrying
those heads into effect should be prepared and executed by the
three companies, and should be binding on all of them :
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