South Eastern Railway (Rates and Charges) Order Confirmation Act 1891
| Jurisdiction | UK Non-devolved |
| Citation | 1891 c. ccxx |
| Year | 1891 |
[54 & 55 VICT.] South-eastern Railway Company [Ch. CCXX.]
(Bates and
Charges)
Order Confirmation Act, 1891.
CHAPTER ccxx.
An Act to confirm a Provisional Order made by the Board A.D. is9i,
of Trade imder the Eailway and Canal Traffic Act, 1888,
containing the Classification of Merchandise Traffic, and
the Schedule of Maximum Eates and Charges applicable
thereto, of the South-Eastern Eailway Company, and
certain other Eailway Companies connected therewith.
[5th August 1891]
TAfHEREAS under the Railway and Canal Traffic Act, 1888,
51 & 52
Vict.
» » the Board of Trade embodied in a Provisional Order the c-
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 South-Eastern
Railway Company, and the railway companies connected there-
with, which are mentioned in the schedule to the said Provisional
Order:
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 South-Eastern Railway Company Short title.
(Rates and Charges) Order Confirmation Act, 1891.
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 gejieduie.ia
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 effect.
{Price 3s.] A 1
A.D. 1891.
South-Eastern
Railway.
[Ch.
CCXX.] South-Eastern Railway Company [54 & 55
VICT.]
(Bates and Charges) Order Confirmation Act, 1891.
SCHEDULE.
Short
title.
Commence-
ment.
Interpretation.
Schedule
of
maximum
rates
and
charges.
SOUTH-EASTERN RAILWAY COMPANY.
Act, 1888, embodying the Classification of Merchandise Traffic
and the authorised Schedule of Maximum Rates and Charges,
including all Terminal Charges applicable to the said
Classification of the South-Eastern Railway Company, and
certain other Railway Companies connected therewith.
1.
This Order
may be
cited
as the
South-Eastern Railway Company (Rates
and Charges) Order, 1891.
2.
This Order shall come into force
and
have effect
on the 1st of
August
1892,
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
South-Eastern Railway Company,
and the
railway
Companies connected therewith mentioned
in the
appendix
to the
schedule
to
this [Order
in
respect
of
railways mentioned
in the
said appendix, shall
be
entitled
to
charge
and
make
in
respect
of
merchandise traffic
on the
railways
of
the
said companies, shall
be 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
SOUTH-EASTERN RAILWAY
COMPANY,
AND
CERTAIN OTHER COMPANIES CONNECTED THEREWITH.
I.—-MAXIMUM
RATES
AND
CHARGES.
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
animals
and
carriages
as
therein mentioned;
Part
IV.,
specifying
the
exceptional charges mentioned
in
such part,
and the
circumstances
in
which they
may be
made; Part
V.,
containing the* rates
and charges authorised
in
respect
of
perishable merchandise
by
passenger
train, with
the
provisions
and
regulations which
are to
apply
to
such class
of merchandise;
and
Part
YL,
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
'
[54
& 55
VICT.]
South-Eastern Railway Company [Oh. CCXX.]
(Rates
and
Charges)
Order
Confirmation
Act, 1891.
2.
The maximum rate for conveyance is the maximum rate which the
•*»-•"•
185/1.
Company may charge for the conveyance of merchandise by merchandise South-EMttrh
train; and, subject to the exceptions and provisions specified in this schedule, Railway.
includes the provision of locomotive power and tracks by the Company, and
every other expense incidental to such conveyance not herein-after provided
for. Provided that—
(a.) The provision of trucks is not included in the maximum rates applicable
to merchandise specified in Class A. of the classification, and the Com«
pany shall not be required to provide trucks for the conveyance of such
merchandise, or for the conveyance of lime in bulk or salt in bulk, or of
the following articles when carried in such a manner as to injure the
trucks of the Company ; that is to say, ammoniacal liquor, creosote, coal
tar, gas tar, gas wiiter, or gravel tarred for paving.
(b.) Where, for the conveyance of merchandise other than merchandise
specified in Class A. of the classification, the Company do not provide
trucks, the rate authorised for conveyance shall be reduced by a sum
which for distances not exceeding 50 miles, shall, in case of difference
between the Company and the person liable to pay the charge, be
determined by an arbitrator to be appointed by the Board of Trade, and
for distances exceeding 50 miles, shall be the charge authorised to be
made by the Company for the provision of trucks when not included
in the maximum rate for conveyance.
3.
The maximum station terminal is the maximum charge which the Com-
pany 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 Com-
pany 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 arbitrate! to be appointed
A 2 3
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