Railway Rates and Charges, No.24 (Highland Railway) Order Confirmation Act 1892
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[55 & 56
VICT.]
Railway Bates and
Gkarges,
No. 24 [Oh. IxiL]
(Highland Railway), Order Confirmation Ad, 1892.
CHAPTER lxii.
An Act to confirm a Provisional Order made by the Board ^•1[)-1892«
of Trade under the Railway and Canal Traffic Act, 1888,
containing the Classification of Merchandise Traffic, and
the Schedule of Maximum Rates and Charges applicable
thereto, of the Highland Railway Company.
[20th June 1892.]
W
HEREAS under the Railway and Canal Traffic Act, 1888, 5i&52Vict.
the Board of. Trade embodied in a Provisional Order the c" 's" '
classification of merchandise traffic and schedule of maximum rates
and charges, including all terminal charges which, in the opinion
of the Board of Trade, ought to be adopted by the Highland
Railway Company:
And whereas it is expedient that the Provisional Order, as set
out in the schedule to this Act annexed, be confirmed by Act of
Parliament:
Be it therefore enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows :
1.
This Act may be cited, as the Railway Rates and Charges, Short title.
No.
24 (Highland Railway), Order Confirmation Act, 1892.
2.
The Order, as set out in the schedule to this Act annexed, Confirmation
shall be and the same is hereby confirmed, and all the provisions of
the said Order in manner and form as they are set out in the said
schedule shall, from and after the passing of this Act, have full
validity and dfect.
of Order in
schedule.
[Price 3s.] A 1
[Oh.
Ixii.] Bailway Bates
and'
Charges,
No. 24 [55 & 56
VICT.]
(Highland
Bailway),
Order
Confirmation
Act, 1892.
A.D.
1892.
Highland
Railway.
SCHEDULE.
Short
title.
Oommence-
ment.
Interpretation.
Schedule
of
maximum
rates
and
charges.
Order
of
the
Board of Trade under the Bailway and Canal Traffic
Act, 1888, embodying the Classification of Merchandise Traffic
and
the Schedule of Maximum Mates and Charges, including
all
Terminal Charges applicable to the said Classification of
the
Highland Bailway Company.
1.
This Order may be cited as the Railway Rates and Charges, No. 24
(Highland Railway), Order, 1892.
2.
This Order shall come into force and have effect on the first day of
January, one thousand eight hundred and ninety-three, or such later date as
the Board of Trade may by order direct, which date is in this Order referred
to as the commencement of this Order.
3.
This Order is to be read and construed subject in all respects to the
provisions of the Railway and Canal Traffic Acts, 1873 and 1888, and of any
other Acts or parts of Acts incorporated therewith.
4.
From and after the commencement of this Order the maximum rates
and charges which the Highland Railway Company shall be entitled to
charge and make in respect of merchandise traffic on the railway, shall he.
the rates and charges specified in the schedule to this Order annexed, and
shall be subject to the classification, regulations, and provisions set forth in
the said schedule.
SCHEDULE
of
MAXIMUM
RATES
and
CHARGES,
and
CLASSIFICATION
of
MERCHANDISE
TRAFFIC
applicable to the
HIGHLAND
RAILWAY
COMPANY.
I.—MAXIMUM
RATES
AND
CHAKGES.
1.
This schedule of maximum rates and charges shall be divided into six
parts:
Part I., containing the maximum rates and charges authorised in respect
of the merchandise comprised in the several classes of merchandise specified in
the classification ; Part II. and Part III., containing the maximum rates and
charges authorised in respect of animils and carriages as therein mentioned;
2
[55
& 56
VICT.]
Railway Bates and
Charges,
No. 24 [Oh. lxii.]
(Highland
Railway),
Order
Confirmation
Act, 1892.
Part IV., specifying the exceptional charges mentioned in such part, and the A.D. 1892.
circumstances in which they may be made; Part V., containing the rates Highland
and charges authorised in respect of perishable merchandise by passenger Railway.
train, with the provisions and regulations which are to apply to such class of
merchandise; and Part VI., containing the rates and charges authorised in
respect of small parcels by merchandise train, with the provisions and
regulations which are to apply to such parcels.
2.
The maximum rate for conveyance is the maximum rate which the
Company may charge for the conveyance of merchandise by merchandise train,
and includes the provision of locomotive power and trucks by the Company,
and every other expense incidental to such conveyance not otherwise herein
provided for. Provided that where, for the conveyance of any merchandise,
the Company do not provide trucks, the rate authorised for conveyance shall
be reduced by a sum which shall, in case of difference between the Company
and the person liable to pay the charge, be determined by an arbitrator
appointed by the Board of Trade.
3.
The maximum station terminal is the maximum charge which the
Company may make to a trader for the use of the accommodation (exclusive
of coal drops) provided, and for the duties undertaken by the Company for
which no other provision is made in this schedule, at the terminal station for
or in dealing with merchandise, as carriers
thereof,
before or after conveyance.
4.
The maximum service terminals are the maximum charges which the
Company may make to a trader for the following services, when rendered to
or for a trader, that is to say, loading, unloading, covering, and uncovering
merchandise, which charges shall, in respect of each service, be deemed to
include all charges for the provision by the Company of labour, machinery,
plant, stores, and sheets. Provided that—
Where merchandise conveyed in a separate truck is loaded or unloaded
elsewhere than in a shed or building of the Company, the Company may not
charge to a trader any service terminal for the performance by the Company
of any of the said services if the trader has requested the Company to allow. "
him to perform the service for himself and the Company have unreasonably
refused to allow him to do so. Any dispute between a trader and the
Company in reference to any service terminal charged to a trader who is
not allowed by the Company to perform for himself the service shall be
determined by the Board of Trade.
5.
The Company may charge for the services hereunder mentioned, or any
of them, when rendered to a trader at his request or for his convenience, a
reasonable sum, by way of addition to the tonnage rate. Any difference
arising under this section shall be determined by an arbitrator to be appointed
by the Board of Trade at the instance of either party. Provided that where
before any service is rendered to a trader he has given notice in writing
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