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Chapter XXIV: Appendix: III (3)

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“For all Dung, Compost, and all sorts of Manure, and all
undressed materials for the Repair of Public Roads or
Highways, Charcoal, Stones for building, pitching, and
paving, Tiles, Slates, and Clay (except Fire-clay), and for
Wrought Iron not otherwise specifically classified herein,
and for heavy Iron Castings, including Railway Chairs per
ton per mile, not exceeding One Penny; and if conveyed in
carriages belonging to the Company an additional sum per ton
per mile not exceeding One Farthing.

“For all Sugar, Grain, Corn, Flour, Hides, Dyewoods,
Earthenware, Timber, Staves, Deals and Metals (except Iron),
Nails, Anvils, Vices and Chains, and for light Iron Castings
per ton per mile Twopence; and if conveyed in carriages
belonging to the Company an additional sum per ton per mile
not exceeding One Halfpenny.

“For Cotton and other Wools, Drugs and Manufactured Goods, the
sum of Twopence Halfpenny per ton per mile; and if conveyed
in carriages belonging to the Company an additional sum per
ton per mile not exceeding One Halfpenny.

“For Fish and all other Wares, Merchandise, Articles, Matters
or Things, per ton per mile not exceeding Threepence; and if
conveyed in carriages belonging to the Company an additional
sum per ton per mile not exceeding One Halfpenny.

“And be it enacted, That the Toll which the Company may demand
for the use of Engines for propelling the Carriages of other
parties on the said Railways shall not exceed One Penny per
mile for each Passenger or Animal or for each Ton of Goods
or other Articles, in addition to the several other tolls or
sums by this Act authorised to be taken for the use of the
said Railways.

“And with respect to the conveyance of Goods, the maximum rates
of charge to be made by the Company for the conveyance
thereof along the said Railways, including the Tolls for
the use of the said Railways, and Wagons or Trucks, and
Locomotive Power, and every expense incidental to such
conveyance, except a reasonable sum for loading, covering
and unloading of Goods, and for Delivery and Collection,
and any other services incidental to the Business or Duty
of a Carrier, where such services or any of them are or is
performed by the Company, shall not exceed the following sums
(that is to say):--

“For every Horse, Mule, and other Beast of Draught or Burden,
Threepence per mile.

“For Horned Cattle, the sum of One Penny Three Farthings per
Head per Mile.

“For Calves, Pigs, Sheep and small Animals, One Halfpenny each
per Mile.

“For every Private Carriage, Fourpence per mile.

“For all Coal, Coke, Ironstone and other Articles hereinbefore
classed therewith, conveyed any distance not exceeding Fifty
Miles, the sum of One Penny and One-eighth per ton per mile;
and the sum of Seven-eighths of a Penny per Ton per Mile
for the whole distance travelled, if conveyed a Distance
exceeding Fifty Miles.

“For all Dung, Compost and other Articles hereinbefore classed
therewith, conveyed any distance not exceeding Fifteen miles,
the sum of One Penny Halfpenny per Ton per Mile, and the sum
of One Penny and One-eighth per Ton per Mile for the whole
distance travelled, if conveyed a distance exceeding Fifteen
Miles.

“For all Sugar, Grain, and other Articles hereinbefore
classified therewith, conveyed any distance not exceeding
fifty Miles, the Sum of Twopence Halfpenny per Ton per Mile,
and the Sum of Twopence per Ton per Mile for the whole
distance travelled, if conveyed a distance exceeding Fifty
Miles.

“For all Cotton and other Articles hereinbefore classified
therewith, conveyed any distance not exceeding Fifty Miles,
the Sum of Threepence per Ton per Mile; and the Sum of
Twopence Halfpenny per Ton per Mile for the whole distance
travelled, if conveyed a distance exceeding Fifty Miles.

“For Fish and all other Wares, Merchandise, Articles, Matters
and Things conveyed any distance not exceeding Fifty Miles,
the Sum of Threepence Halfpenny per Ton per Mile; and the
Sum of Threepence per Ton per Mile for the whole distance
travelled, if conveyed a distance exceeding Fifty Miles.”

By the Regulation of Railways Act, 1844 (7 and 8 Vic. cap. 85), the Government were given the right, on certain conditions, to _revise_ the scale of Tolls, Rates and Charges as follows:--

“Be it 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 Parliament assembled, and by
the authority of the same, That if at any time after the
end of twenty-one years from and after the first day of
January next, after the passing of any Act of the present,
or any future Session of Parliament for the construction of
any New Line of Passenger Railway, whether such New Line
be a Trunk, Branch, or Junction Line, and whether such New
Line be constructed by a New Company, incorporated for
the purpose, or by any existing Company, the clear annual
profits divisible upon the subscribed and paid-up Capital
Stock of the said Railway upon the average of the three then
last preceding years shall equal or exceed the rate of _Ten
Pounds_ for every _Hundred Pounds_ of such paid-up Capital
Stock, it shall be lawful for the Lords Commissioners of Her
Majesty’s Treasury, subject to the provisions hereinafter
contained, upon giving to the said Company three calendar
months’ notice in writing of their intention to do so, _to
revise the scale of tolls, fares and charges_, limited by
the Act or Acts relating to the said Railway, and to _fix
such new scale of tolls, fares and charges_, applicable to
such different classes and kinds of Passengers, Goods, and
other Traffic on such Railway as in the judgment of the said
Lords Commissioners, assuming the same quantities and kinds
of traffic to continue, shall be likely to reduce the said
divisible profits to the said rate of Ten Pounds in the
Hundred: provided always that no such revised scale shall
take effect, unless accompanied by a guarantee to subsist as
long as any such revised scale of tolls, fares, and charges
shall be in force, that the said divisible profits, in case
of any deficiency therein shall be annually made good to the
said rate of Ten Pounds for every Hundred Pounds of such
Capital Stock, provided also that such revised scale shall
not be again revised or such guarantee withdrawn otherwise
than with the consent of the Company for the further period
of twenty-one years.”

When the earlier Railway Acts were passed, Parliament provided that the rates were to be charged equally throughout the railway.

The following is a copy of one of the Clauses that were inserted:--

“Provided always, and be it further enacted, that the aforesaid
rates and tolls to be taken by virtue of this Act shall at
all times be charged equally, and after the same rate per ton
per mile throughout the whole of the said Railway in respect
of the same description of articles, matters or things, and
that no reduction or advance in the said rates and tolls
shall, either directly or indirectly, be made partially or
in favour of or against any particular person or Company, or
be confined to any particular part of the said Railway, but
that every such reduction or advance of rates and tolls upon
any particular kind or description of articles, matters or
things, _shall extend to and take place throughout the whole
and every part of the said Railway_, upon, and in respect
of the same description of articles, matters and things
so reduced or advanced, and shall extend to all persons
whomsoever using the same or carrying the same description
of articles, matters and things thereon, anything to the
contrary thereof in anywise notwithstanding.”

In the year 1845, however, Parliament by a Public Act cancelled the prohibition against differential rates by the following Clause.

“And whereas it is expedient that the Company should be enabled
to vary the tolls upon the Railway, _so as to accommodate
them to the circumstances of the traffic_, but that such
power of varying should not be used for the purpose of
prejudicing or favouring particular parties, or for the
purpose of collusively and unfairly creating a monopoly,
either in the hands of the Company or of particular parties;
it shall be lawful, therefore, for the Company, subject to
the provisions and limitations herein and in the special Act
contained, from time to time, to alter or vary the tolls by
the special Act authorised to be taken, _either upon the
whole or upon any particular portions of the Railway as
they shall think fit_: provided that all such tolls be at
all times charged equally to all persons and after the same
rate, whether per ton, per mile or otherwise, in respect of
all passengers, and of all goods or carriages of the same
description, and conveyed or propelled by a like carriage or
engine, passing only over the same portion of the line of
Railway under the same circumstances; and no reduction or
advance in any such tolls shall be made either directly or
indirectly in favour of or against any particular Company or
person travelling upon or using the Railway.”

By Clause 15 of the Railway and Canal Traffic Act of 1873, it was provided that:--

“The Commissioners shall have power to hear and determine
any question or dispute which may arise with respect to
the terminal charges of any Railway Company, where such
charges have not been fixed by any Act of Parliament, and to
decide what is a reasonable sum to be paid to any Company
for loading and unloading, covering, collection, delivery
and other services of a like nature; any decision of the
Commissioners under this section shall be binding on all
Courts and in all legal proceedings whatsoever.”

* * * * *

RAILWAY RATES:
ENGLISH AND FOREIGN.

BY
J. GRIERSON,
GENERAL MANAGER OF THE GREAT WESTERN RAILWAY.

SYNOPSIS OF CONTENTS.

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Railway Rates: English and ForeignChapter XXIV: Appendix: III (3)

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