RAILWAYS ACT, 1924

AN ACT TO PROVIDE FOR THE RE-ORGANISATION AND FUTURE REGULATION OF RAILWAYS IN SAORSTÁT EIREANN AND OTHERWISE TO AMEND THE LAW RELATING TO RAILWAYS. [23rd July, 1924.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PRELIMINARY.

Definitions.

1 Definitions.

1.—In this Act—

the expression “the amalgamated company” means the company constituted by the amalgamation in accordance with the provisions of this Act of the companies specified in the first column of the First Schedule to this Act and the absorption of the companies specified in the second column of the said Schedule;

the expression “amalgamating company” means one of the companies specified in the first column of the First Schedule to this Act and intended to constitute by amalgamation the amalgamated company;

the expression “absorbed company” means one of the companies specified in the second column of the First Schedule to this Act and intended to be absorbed by the amalgamated company under the provisions of this Act;

the expression “the railway tribunal” means the court to be established under that name pursuant to Part II. of this Act;

the expression “Minister” means the Minister for Industry and Commerce.

PART I. Re-organisation of Railway System.

2 Amalgamation of railways.

2.—(1) With a view to the re-organisation and more efficient and economical working of the railway system of Saorstát Eireann, the amalgamated company shall be formed in accordance with the provisions of this Act by the amalgamation of the companies set out in the first column of the First Schedule to this Act, and by the absorption of the companies set out in the second column of that Schedule.

• (2) For the purposes of this Act the Arigna Colliery Extension Railway, the Athy-Wolfhill Colliery Railway, and the Castle-comer Railway shall on the 1st day of January, 1925, or such earlier or later date as the railway tribunal after consultation with the Minister may fix, be absorbed by the amalgamated company on terms to be agreed with the owners of those railways or, in default of such agreement, on terms to be decided by the railway tribunal.

3 Preparation and settlement of the amalgamation scheme.

3.—(1) The amalgamating companies may on or before the 31st day of August, 1924, submit to the Minister an amalgamation scheme framed in accordance with the provisions of this Act which has been agreed to by all those companies.

• (2) The Minister shall refer to the railway tribunal any scheme so submitted to him, and the tribunal, unless it appears to them that the scheme does not conform with the requirements of this Act or that the provisions of this Act relating to the procedure preliminary to the submission of an agreed scheme have not been complied with, shall confirm the scheme.

• (3) If the amalgamating companies fail to submit an agreed amalgamation scheme framed in accordance with the provisions of this Act on or before the said date, a scheme for the amalgamation of those companies shall be prepared and settled in accordance with this Act by the railway tribunal.

4 Provisions to be contained in the amalgamation scheme.

4.—An amalgamation scheme under this Act—

• (a) shall provide for the incorporation of the amalgamated company under an appropriate name with power to hold land for the purposes of the company, and make such provisions as appear necessary or expedient with regard to the share and loan capital of the amalgamated company and the vesting of the property, rights, powers, duties and liabilities, whether statutory or otherwise, of the amalgamating companies; and

• (b) shall provide generally as to the terms and conditions of amalgamation and for the winding-up of the amalgamating companies, including the allocation to holders of securities of the amalgamating companies, in substitution therefor and in satisfaction of all claims arising thereunder, of such securities of the amalgamated company, and of such amounts, as may be specified in the scheme; and

• (c) shall incorporate Part V. of the Railways Clauses Act, 1863, subject to the provisions of this Act, and may incorporate any of the provisions of the Companies Clauses Consolidation Act, 1845, and the Acts amending that Act, subject to the modification that any committees appointed under section 95 of the Companies Clauses Consolidation Act, 1845, may comprise persons who, though not directors of the company, are proprietors and possess such other qualifications (if any) as may be provided by the scheme; and

• (d) shall give effect to the provisions contained in the Second Schedule to this Act with respect to the direction of the amalgamated company, and may, with the consent of the proprietors, provide for the payment of compensation out of the assets of an amalgamating company to any director of such company who suffers loss by abolition of office or who resigns office consequent on his being appointed a standing member of the railway tribunal, but in the latter eventuality his remuneration as such standing member of the railway tribunal shall be taken into account in fixing the amount of any such compensation; and

• (e) shall contain such provisions with respect to the management of any superannuation, pension, provident, widows' and orphans' and other benefit fund or funds established by any amalgamating company as may be necessary in consequence of amalgamation, so, however, as to preserve in all other respects the management of such funds unaltered until other provision is made by the Oireachtas; and

• (f) shall incorporate the provisions contained in the Third Schedule to this Act with respect to existing officers and servants; and

• (g) may make such incidental and supplemental provisions as appear necessary or expedient in order to give full effect to the provisions of the scheme and the purposes of this Act.

5 Preparation and approval of absorption schemes.

5.—(1) The amalgamating companies may, on or before the 31st day of August, 1924, submit to the Minister a scheme or schemes framed in accordance with the provisions of this Act for the absorption by the amalgamated company of all or any of the absorbed companies, on terms agreed to by the absorbed companies to which the scheme or schemes may relate.

• (2) The Minister shall refer to the railway tribunal any scheme so submitted to him, and the tribunal, unless it appears to them that the scheme does not conform with the requirements of this Act, or that the provisions of this Act relating to the procedure preliminary to the submission of an agreed scheme have not been complied with, shall confirm the scheme.

• (3) If the amalgamating companies fail on or before the said date to submit an agreed scheme or schemes framed in accordance with the provisions of this Act for the absorption of all the absorbed companies, a scheme for the absorption of any such company with respect to which an agreed absorption scheme framed in accordance with the provisions of this Act has not been made shall be prepared and settled in accordance with this Act by the railway tribunal.

6 Provisions to be contained in absorption schemes.

6.—An absorption scheme under this Act—

• (a) shall provide in such manner as appears necessary or expedient for the transfer to the amalgamated company of all the property, rights, powers, duties, and liabilities whether statutory or otherwise, of any absorbed company to which the scheme relates; and

• (b) shall provide for the consideration to be given to the absorbed company or companies, and generally as to the terms and conditions of the transfer, and may provide for the consideration consisting in whole or in part of securities of the amalgamated company; and

• (c) shall provide for the winding up of the absorbed company or companies, and may provide on any such winding up for the holder of any securities of the absorbed company receiving in substitution therefor and in satisfaction of all claims arising thereunder such securities of the amalgamated company forming part of the consideration for the transfer of the undertaking, and of such amounts, as may be specified in the scheme, and may, with the consent of the proprietors, provide for the payment of compensation out of the assets of an absorbed company to any director of such company who suffers loss by abolition of office or who resigns office consequent on his being appointed a standing member of the railway tribunal, but in the latter eventuality his remuneration as such standing member of the railway tribunal shall be taken into account in fixing the amount of any such compensation; and

• (d) shall incorporate the provisions of Part V. of the Railways Clauses Act, 1863, subject to the provisions of this Act; and

• (e) shall contain such provisions with respect to the management of any superannuation, pension, provident, widows' and orphans' and other benefit fund or funds established by any absorbed company to which the scheme relates as may be necessary in consequence of absorption so, however, as to preserve in all other respects the management of such funds unaltered until other provision is made by the Oireachtas or by agreement between the parties concerned, as the case may require; and

• (f) shall incorporate the provisions contained in the Third Schedule to this Act with respect to existing officers and servants; and

• (g) may make such incidental and supplemental provisions as appear necessary or expedient in order to give full effect to the provisions of the scheme and the purposes of this Act.

7 Saving as to transfer of liability in certain cases.

7.—(1) Notwithstanding anything contained in this Act, there shall not be transferred to the amalgamated company any liability of an absorbed company in respect of any dividends or interest or arrears of dividends or interest on any loan or any mortgage, bond, charge, debenture, debenture stock or other security for money on which there were six or more years arrears of dividends or interest unpaid on the 3rd day of April, 1924, and no provisions in this Act applicable to an absorption scheme shall apply to such liability: Provided that this sub-section shall not apply to the liability of an absorbed company in respect of any dividends or interest or arrears of dividends or interest on any mortgage, bond, charge, debenture, debenture stock or other security for money the holder of which was by virtue thereof in possession (whether by himself, or by a trustee on his behalf, or by a receiver appointed by him or any trustee on his behalf) on the 3rd day of April, 1924, of the property or any part of the property comprised in such mortgage, bond, charge, debenture, debenture stock or other security for money.

• (2) In the event of the amalgamating companies and the absorbed companies failing to determine, for the purpose of an absorption scheme, the capital value of any loan or security mentioned in sub-section (1) of this section, the value shall be such amount (if any) as is determined by the railway tribunal having regard to the possibility of any dividends or interest being paid on such loan or security if absorption had not taken place.

8 Provisions as to determination of terms and conditions of amalgamation or transfer.

8.—For the purpose of determining the terms and conditions of amalgamation between the amalgamating companies or of the transfer of the undertaking of any absorbed company, the railway tribunal shall take into consideration all the circumstances of the case, and in particular the value on a net revenue earning basis of each of the amalgamating and absorbed companies as a separate company, and its value as a component part of the amalgamated company: so, however, that regard shall not be had to economies or accretions of traffic or other circumstances tending to enhance its value as such component part attributable solely to the provisions of this Act relating to amalgamation and absorption:

Provided that, in the case of the line of one company being worked by another company under an arrangement whereby a percentage of the gross receipts of the line so worked is payable to the owning company, the railway tribunal in determining the terms and conditions of transfer shall not take into account any higher charging powers than those authorised in respect of the line under the statutory provisions in force in the year 1913.

9 Supplementary provisions as to schemes.

9.—(1) The amalgamation scheme and every absorption scheme shall be so framed as to come into operation on the 1st day of January, 1925, or such earlier or later date, as the railway tribunal, after consultation with the Minister, may fix:

Provided that the amalgamation scheme shall be deemed to come into operation immediately before the absorption schemes.

• (2) Before an agreed amalgamation or absorption scheme is referred to the railway tribunal, the scheme shall be submitted to the proprietors and debenture stock-holders of each amalgamating and absorbed company affected thereby in the manner provided in the Fourth Schedule to this Act.

• (3) A scheme under this Part of this Act shall, when confirmed or settled by the railway tribunal, be binding on all persons and have effect as if enacted in this Act, and where any such scheme provides for the substitution of any securities of the amalgamated company for securities of an amalgamating or absorbed company any trustee or other person acting in a fiduciary capacity who at the date of the amalgamation or absorption held and was entitled to hold any securities of an amalgamating or absorbed company shall be entitled to hold the securities of the amalgamated company which may be substituted therefor.

• (4) No stamp duty shall be payable in respect of any amalgamation or absorption scheme.

• (5) Printed copies of the proposed amalgamation scheme and of every absorption scheme submitted to the Minister or prepared by the railway tribunal in accordance with the provisions of sections 3 and 5 of this Act, respectively, shall be placed on sale at such places and at such prices as the Minister may direct, and notice that such copies are on sale and the places where they may be obtained shall be published in the Iris Oifigiúil, and no such scheme shall be confirmed or settled by the railway tribunal until the expiration of twenty-one days after the publication of such notice.

• (6) The amalgamation and every absorption scheme shall be deemed to be statutory rules and shall be printed, numbered, published, and sold, and may be cited, in the like manner as statutory rules are for the time being by law required to be printed, numbered, published, and sold, and permitted to be cited.

• (7) If the railway tribunal postpones the date on which the amalgamation and absorption schemes are to come into operation to a date later than the said 1st day of January 1925, then, during the period of postponement, the undertakings of all the amalgamating and absorbed companies shall be used, worked, managed, maintained and repaired as one joint undertaking, and the net receipts of the joint undertaking shall be distributed amongst the amalgamating and absorbed companies upon such terms and subject to such conditions and in such proportions as may be agreed upon by the several companies with the approval of the railway tribunal or in default of agreement as may be determined by the railway tribunal, and the following provisions of this Act relating to the amalgamated company shall apply as if such joint undertaking were the undertaking of the amalgamated company and as if the governing body of the joint undertaking were the amalgamated company.

10 Preliminary scheme.

10.—(1) Any two or more amalgamating companies may, at any time after the passing of this Act and prior to the 31st day of August, 1924, submit to the Minister for reference to the Railway Tribunal a preliminary scheme for the amalgamation of those companies.

• (2) An amalgamating company or any two or more amalgamating companies may, at any time after the passing of this Act and prior to the 31st day of August, 1924, submit to the Minister for reference to the Railway Tribunal a preliminary scheme for the absorption by such amalgamating company or companies of any absorbed company or companies upon such terms as may be agreed between those companies.

• (3) The Railway Tribunal shall approve any such preliminary scheme so referred to them unless it appears to them that the provisions of this Act relating to the procedure preliminary to the submission of a scheme have not been complied with, or unless after hearing such of the other amalgamating companies as desire to be heard, the railway tribunal consider the scheme to be inconsistent with or prejudicial to the amalgamation scheme to be made in accordance with the provisions of this Act.

• (4) Every such preliminary scheme shall, subject to such provisions in that behalf as may be contained therein, come into operation forthwith after it is approved.

• (5) Subject to the provisions of this section, all the provisions of this Part of this Act relating to amalgamation and absorption schemes shall, with the necessary adaptations, apply respectively to preliminary amalgamation and absorption schemes except that a preliminary amalgamation scheme shall, instead of giving effect to the provisions contained in the Second Schedule to this Act with respect to the direction of the Company, make such alternative provision in that respect as may be agreed between the companies to be amalgamated.

• (6) In the confirmation or preparation and settlement of the amalgamation scheme the Railway Tribunal shall give effect to any preliminary scheme approved by them, but so that the interests of the other amalgamating companies shall not be prejudiced thereby.

• (7) Any company formed by a preliminary amalgamation scheme shall be deemed to be an amalgamating company for the purposes of this Act in lieu of the companies amalgamated by the scheme and shall not be deemed to be the amalgamated company within the meaning of this Act.

11 Power of trustees to invest in securities of amalgamated company.

11.—For the purposes of the provisions of the Trustee Act, 1893, relating to the securities in which trustees are authorised to invest trust funds, the amalgamated company shall be treated as if it were a railway company in Saorstát Eireann incorporated by special Act of Parliament and had, in each of the ten years immediately before the date of amalgamation, paid a dividend at the rate of not less than three per centum per annum on its ordinary stock.

12 Employees of Irish Railway Clearing House.

12.—(1) The provisions of the Third Schedule to this Act shall, with the modifications hereinafter mentioned, apply to every person who was on the 3rd day of April, 1924, an officer or servant of the Irish Railway Clearing House and who, as a direct result of any re-organisation of the Irish Railway Clearing House taking place within five years after the passing of this Act, is discharged on account of the abolition of his office or situation, or is required to perform duties such as are not analogous, or are an unreasonable addition, to those which he was required to perform immediately previous to the date aforesaid.

• (2) For the purpose of the application of the Third Schedule to this Act to the persons aforesaid, the said Schedule shall be construed and take effect as if the Irish Railway Clearing House were substituted in the said Schedule for the amalgamated company, and the persons aforesaid were officers or servants of an amalgamating company.

PART II. Establishment of Railway Tribunal.

13 Constitution of the railway tribunal.

13.—(1) There shall be established a court styled the Railway Tribunal consisting of three standing members, that is to say, a chairman and two ordinary members, all of whom shall be appointed by the Governor-General on the advice of the Executive Council.

• (2) Each of the standing members of the railway tribunal shall be appointed and hold office for five years and shall then retire, but shall be eligible for reappointment.

• (3) A standing member of the railway tribunal may resign his office at any time.

• (4) A standing member of the railway tribunal may only be removed from his office by a resolution passed by Dáil Eireann and by Seanad Eireann for incapacity or misbehaviour stated in such resolution.

• (5) The railway tribunal shall be a court of record and shall have an official seal, which shall be officially and judicially noticed, and the railway tribunal may act notwithstanding a vacancy in its number.

14 Qualification of members of railway tribunal.

14.—(1) Every person appointed to be chairman of the railway tribunal shall at the date of his appointment either—

• (a) be a practising barrister of at least twelve years' standing, or

• (b) be or have been a judge of the Supreme Court, the High Court, or the Circuit Court, or

• (c) have been a judge of the Supreme Court of Judicature in Ireland, or

• (d) have been a Recorder or County Court Judge in Saorstát Eireann.

• (2) A judge of the Supreme Court, the High Court, or the Circuit Court may while he holds that office be appointed, with his own consent and the consent of the Chief Justice, to be chairman of the railway tribunal on the terms that he may retain office as such judge notwithstanding his appointment as such chairman.

• (3) One of the ordinary members of the railway tribunal shall be a person of experience in commercial affairs and the other of such members shall be a person of experience in railway business.

• (4) A standing member of the railway tribunal shall not, while he retains that office, enter into or remain in the employment of any person, company or other undertaking engaged in the transport of persons or things, and a chairman of the railway tribunal shall not, while he retains that office, engage in practice at the bar in Saorstát Eireann.

• (5) Subject to the foregoing provisions of this section, a standing member of the railway tribunal may be appointed on such terms in respect of his holding or not holding any other office or employment as the Executive Council shall, after consultation with the Minister if he is not an Executive Minister, advise the Governor-General.

15 Appointment of officers and payment of expenses of railway tribunal.

15.—(1) The Minister shall appoint a registrar of the railway tribunal and may, subject to the consent of the Minister for Finance as to numbers, appoint such other officers and servants of the railway tribunal as he shall consider necessary for assisting them in the execution of their duties.

• (2) There shall be paid to the standing members of the railway tribunal, and to the registrar and other officers and servants of the railway tribunal such remuneration as the Minister for Finance shall determine.

• (3) The Civil Service Regulation Act, 1924 (No. 5 of 1924), shall apply to the registrar and other officers and servants of the railway tribunal.

• (4) The remuneration of the members (including temporary members) and of the registrar and other officers and servants of the railway tribunal and all other expenses of the railway tribunal incurred in the exercise and performance of their powers and duties shall be defrayed out of moneys to be provided by the Oireachtas, and a sum equal to one-half of the excess as determined by the Minister for Finance of such remuneration and expenses in each financial year over and above the amount of all fees charged and recovered by the railway tribunal under this Act in that financial year, shall, on demand made within twelve months after the end of that financial year, be paid to the Minister by the amalgamated company as part of its working expenses.

16 Members of railway tribunal not to hold shares in any transport undertaking.

16.—(1) Every person appointed to be a standing member of the railway tribunal shall within three months after his appointment absolutely sell and dispose of all shares in any transport undertaking which he shall at the time of his appointment own or be interested in for his own benefit, and if any shares in any transport undertaking shall come to or vest in a member of the railway tribunal by will or succession for his own benefit, he shall within three months after the same shall have so come to or vested in him, absolutely sell and dispose of the same or his interest therein.

• (2) A standing member of the railway tribunal shall not, while he holds that office, purchase, take, or become interested in for his own benefit any shares in any transport undertaking.

• (3) Any standing member of the railway tribunal who shall retain, purchase, take, or become or remain interested in any shares in any transport undertaking in contravention of this section shall be disqualified for and be deemed to have vacated his office as such member.

• (4) In this section the expression “shares in any transport undertaking” means and includes any stock, shares, debentures, debenture stock, bonds, or other securities of any company engaged in the transport of persons or things in Great Britain or Ireland.

17 Additional and temporary members of tribunal.

17.—(1) There shall be constituted two panels, that is to say:—

• (a) a panel (hereinafter referred to as the “general panel”) consisting of twelve persons nominated by the Governor-General on the advice of the Executive Council, such advice being given as regards three such persons after consultation with the Minister and with a view to such three persons being representative of commercial and industrial interests, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representatives of the interests of labour, and as regards two other such persons after consultation with the Minister and with a view to such two persons being representative of the interests of passengers upon railways, and as regards four other such persons after consultation with the Minister for Lands and Agriculture and with a view to such four persons being representative of agricultural interests, and as regards one other such person after consultation with the Minister for Fisheries and with a view to such person being representative of fishery interests; and

• (b) a panel (hereinafter referred to as the “railway and canal panel”) consisting of four persons nominated by the Governor-General on the advice of the Executive Council, such advice being given after consultation with the Minister and with a view to three of such persons being representative of the railway companies in Saorstát Eireann and the other of such persons being representative of the canal and inland navigation companies and authorities in Saorstát Eireann.

• (2) Each member of the panels shall be appointed for such term not exceeding three years from the date of his appointment as the Governor-General shall on the advice of the Executive Council determine at the time of the appointment and shall then retire, but a retiring member shall be eligible for re-appointment.

• (3) If a vacancy occur amongst the standing members of the railway tribunal, or if any standing member of the railway tribunal is incapacitated by prolonged illness or other unavoidable cause from attending meetings of the tribunal, then, for the purposes of Part III. of this Act only, pending the filling up of such vacancies or during such absence—

• (a) in the case of the chairman, the Governor-General on the advice of the Executive Council may appoint a person to act as temporary chairman in his place; and

• (b) in the case of either of the ordinary members, the Governor-General on the advice of the Executive Council may appoint a member of a panel to act in his place, the person so appointed being selected from the general panel or the railway and canal panel according to the qualification of the ordinary member in question.

• (4) Whenever for the purposes of any particular case or proceeding brought under Part III. of this Act the railway tribunal either upon application by any of the parties or otherwise so request, or the Minister thinks it expedient, there shall be added to the railway tribunal two additional members nominated by the Governor-General on the advice of the Executive Council from the panel, one such additional member being selected from the general panel and the other from the railway and canal panel.

In selecting a member from either panel, regard shall be had to the particular class of case or proceeding to be heard, so that, as nearly as may be, the person so selected shall be conversant with and have knowledge of the technical matter that may arise in such particular case or proceeding.

• (5) Every person appointed under this section to be temporary chairman or temporary member of the railway tribunal shall, while he holds that office, be paid such remuneration as the Minister for Finance shall determine and shall have and exercise all the powers and functions of the chairman or an ordinary member (as the case may be) of the railway tribunal.

• (6) Any person appointed under this section to be an additional member of the railway tribunal shall, for the purposes of any proceedings in respect of which he may be so appointed, be a member of the railway tribunal and shall, subject to the provisions of this Part of this Act, and to the general rules made thereunder, have and exercise all the powers and functions of a member of the railway tribunal.

18 General powers of the railway tribunal.

18.—(1) For the purposes of this Act the railway tribunal shall have full power and jurisdiction to hear and determine all matters, whether of law or fact, which shall be duly brought before them under this Act, and shall not be subject to be restrained in the execution of their powers under this Act by the order of any other court, nor shall any proceedings before them be removed by certiorari into any other court.

• (2) The railway tribunal with respect to the following matters, that is to say:—

• (a) enforcing the attendance of witnesses (after a tender of their expenses), the examination of witnesses orally or by affidavit, and the production of deeds, books, papers, and documents; and

• (b) punishing persons refusing to give evidence or to produce documents, or guilty of contempt in the presence of the railway tribunal or any of them sitting in open court; and

• (c) the enforcement of their orders; and

• (d) other matters necessary or proper for the due exercise of their several jurisdictions under this Act or otherwise for carrying this Act into effect;

shall have all such powers, rights, and privileges as are vested in the High Court for such or the like purposes, and all proceedings before the railway tribunal shall in law be deemed to be judicial proceedings before a court of record.

• (3) Save as otherwise provided by this Act the costs of and incidental to every proceeding before the railway tribunal shall be in the discretion of the railway tribunal, who may order by whom and to whom the same are to be paid and by whom the same are to be taxed and allowed.

19 Procedure and fees.

19.—(1) The railway tribunal may, with the approval of the Minister and the Chief Justice, make general rules governing their procedure and practice and generally for carrying into effect their duties and powers under this Act, and such rules may, amongst other things, provide for—

• (a) the awarding of costs by the tribunal, but so that in proceedings under this Act before the railway tribunal at the instance of any company or person, other than disputes between two or more railway companies, the tribunal shall not have power to award costs unless they are of opinion that either the application or claim or complaint or defence or objection, as the case may be, is frivolous and vexatious;

• (b) the reference of any question to a member or officer of the tribunal, or any other person appointed by them, for report after holding an inquiry locally;

• (c) enabling the tribunal to dispose of any proceedings before them, notwithstanding that in the course of the proceedings there has been a change in the persons sitting as members of the tribunal;

• (d) the right of audience before the tribunal, provided that any party shall be entitled to be heard in person, or by a representative in the regular employment of the party duly authorised in writing, or by counsel or solicitor;

• (e) the number of members of the tribunal who shall form a quorum for the hearing of different classes of cases.

• (2) There shall be charged by the railway tribunal and paid in respect of proceedings before them and in respect of acts done by them or any of their officers in the execution of their respective powers and duties such fees as shall be prescribed by orders made by the Minister on the recommendation of the railway tribunal and with the sanction of the Minister for Finance.

• (3) The Minister shall give to the railway tribunal such assistance as the tribunal may require, and shall place at the disposal of the tribunal any information in his possession which he may think relevant to the matter before the tribunal, and the Minister shall be entitled to appear and be heard in any proceedings before the tribunal.

• (4) The railway tribunal shall annually make a report to the Minister of their proceedings under this Act, including reports of such of the cases heard and decided by them as appear to them to be of permanent or special importance, and the Minister shall lay such report before each House of the Oireachtas.

20 Sittings.

20.—The central office of the railway tribunal shall be in Dublin, but, subject to the provisions of this Act and to the rules made thereunder, the railway tribunal may hold sittings in any part of Saorstát Eireann, in such place or places as may be convenient for the determination of the proceedings before them.

21 Decisions to be by a majority of the members present.

21.—(1) The determination of any question before the railway tribunal shall be according to the opinion of the majority of the members (including additional members, if any) of the railway tribunal hearing the case.

• (2) Every decision of the railway tribunal shall be pronounced by the chairman or other member presiding on the occasion, and no judgment or opinion shall be separately pronounced by any other member.

22 Appeals.

22.—(1) No appeal shall lie from any order made by the railway tribunal in exercise of any jurisdiction conferred on them by Part I. of this Act, nor from any decision of the railway tribunal under any other jurisdiction on a question of fact or any question regarding the locus standi of any person appearing or claiming to be heard before them.

• (2) Save as otherwise provided by this Act, an appeal shall lie from every decision of the railway tribunal to the Supreme Court, but no such appeal shall be brought except in conformity with rules of court of the Supreme Court.

• (3) On the hearing of an appeal from the railway tribunal the Supreme Court may draw all such inferences as are not inconsistent with the facts expressly found by the railway tribunal, and are necessary for determining the questions raised on the appeal, and shall have all such powers for that purpose as if the appeal were an appeal from a judgment of the High Court, and may make any order which the railway tribunal could have made, and also any such further or other order as may be just, and the costs of and incidental to an appeal shall be in the discretion of the Supreme Court, but neither the railway tribunal nor any member or officer thereof shall be liable to any costs by reason or in respect of any appeal.

23 Transfer of functions of Railway and Canal Commission.

23.—(1) Every function, jurisdiction, power, and duty which was on the 6th day of December, 1921, exercised by or imposed on the Railway and Canal Commission by statute or otherwise shall (with the exceptions hereinafter mentioned) from and after the passing of this Act be exercised and performed in Saorstát Eireann by the railway tribunal.

• (2) Every mention or reference contained in any British Statute of or to the Railway and Canal Commission shall as respects the doing or not doing of any act, matter, or thing after the passing of this Act be construed and take effect, subject to the provisions of this Act and with the exceptions hereinafter mentioned, as a mention of or reference to the railway tribunal.

• (3) The several functions, jurisdictions, powers, and duties conferred or imposed on the railway tribunal by this section may be exercised or performed by them for the purposes of this Act as well as for the purpose for which the same were conferred or imposed on the Railway and Canal Commission.

• (4) This section shall not apply to any of the functions, jurisdictions, powers, and duties exercised by or conferred or imposed on the Railway and Canal Commission under or by sub-section (1) of section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916, or under or by section 8 of the same Act, or to any mention of or reference to the Railway and Canal Commission contained in any British Statute in relation to any of those functions, jurisdictions, powers, and duties.

PART III. Railway Charges.

24 Existing charges.

24.—The charges of the amalgamating and absorbed companies in force on the 3rd day of April, 1924, shall remain in force as maximum charges unless and until altered in accordance with this Part of this Act.

25 Preliminary revision.

25.—The railway tribunal shall, at a date not later than three months after the passing of this Act, review the existing charges of the amalgamating and absorbed companies with a view to the modification of such charges or any of them having regard to the circumstances under which increased charges were authorised as from the 1st day of September, 1920, and to any changes in those circumstances, including any reduction in working expenses since that date, and shall appoint a day when any modifications so determined shall come into operation.

Classification of Merchandise.

26 Classification.

26.—The railway tribunal shall consider and, after hearing all parties interested and who are desirous of being heard, shall determine the classification of merchandise applicable to the amalgamated company and shall have power to divide the classification into such number of classes containing such descriptions of merchandise as they think fit, and in determining the class in which any particular merchandise shall be placed they shall, in addition to all other relevant circumstances, have regard to the value, the bulk in comparison to weight, the risk of damage, and the cost of handling such merchandise, and the saving of cost which may result when such merchandise is forwarded in large quantities.

Standard Charges.

27 Submission of schedules.

27.—(1) The amalgamated company shall submit to the railway tribunal not later than the 31st day of December, 1925, or such later date as the Minister may allow, schedules of the standard charges proposed to be made according to the classification fixed as aforesaid, and shall (except as hereinafter provided), show the rates for the conveyance of merchandise, the amount of terminal charges, and the fares for the conveyance of passengers and their luggage, and every such schedule shall be published in such manner as the railway tribunal may direct.

• (2) The schedules so submitted shall be divided into the parts and be in the form mentioned in the Fifth Schedule to this Act or into such other parts or in such other similar forms as the railway tribunal may prescribe.

28 Settlement of schedules.

28.—The railway tribunal shall consider the schedules of proposed standard charges so submitted to them and any objections thereto which may be lodged within the prescribed time and in the prescribed manner, and, after hearing all parties interested and who are desirous of being heard shall, in accordance with the provisions hereinafter contained, settle the said schedules and fix the date of the appointed day on which the same are to come into operation.

29 Obligation to charge standard charges.

29.—(1) On and from the appointed day the charges appearing in a schedule of standard charges as fixed by the railway tribunal for the amalgamated company shall be the charges which the said company shall be entitled to make for all services rendered in respect of which charges are fixed, and no variation either upwards or downwards shall be made from such authorised charges unless by way of an exceptional rate or an exceptional fare continued, granted, or fixed under the provisions of this Part of this Act, or in respect of competitive traffic in accordance therewith.

• (2) The railway tribunal shall have power on any representations made to them, whether by the amalgamated company when submitting the schedules of standard charges proposed to be made, or by any party interested, or by the Minister at any time to determine the amount which the amalgamated company shall contribute to and receive out of any through rate or fare.

30 Protection of ports.

30.—(1) All the terms, conditions and provisions of any statutory enactment or any agreement confirmed by or scheduled to a statutory enactment which, at the passing of this Act, are in force and binding on any amalgamating or absorbed company, by which the forwarding of traffic is affected, or for any other purpose, shall continue in full force and effect, save in so far as the same are rescinded or varied by this Act; but no such statutory enactment or agreement shall be construed as affecting or extending to any part of the railway of the amalgamated company or the traffic thereon which was not at the passing of this Act subject to or affected by such statutory enactment or agreement.

• (2) Subject to the provisions of this Act the amalgamated company shall not by the rates or fares charged, whether through or local, or by the facilities provided or the accommodation afforded by it, or otherwise, place any one port in Saorstát Eireann at an undue disadvantage as compared with any other port in Saorstát Eireann to, from, or through which traffic is or may be carried.

• (3) The amalgamated company shall if required by any person interested use all proper endeavours to provide a reasonable system of through booking with through rates, fares and facilities by all reasonable routes.

• (4) No rebates, commissions, or agency or other allowances shall be given by the amalgamated company to traders at or using any port in Saorstát Eireann which are not given by the company in similar circumstances to traders at or using any other port in Saorstát Eireann, and the word “traders” shall include any incorporated railway or steamship company.

• (5) If any dispute shall at any time arise under the provisions of this section or as to any matter or thing under this section, or as to whether the amalgamated company are fulfilling their obligations hereunder or taking all reasonable or necessary steps for that purpose, the same shall from time to time be referred to and determined by the railway tribunal.

31 Charges of non-amalgamated companies.

31.—The rates, fares, tolls and dues charged by railway companies other than the amalgamating and absorbed companies at the passing of this Act shall, in so far as they relate to those portions of their undertakings situate in Saorstát Eireann, remain in force as maximum charges unless and until altered in accordance with this section:

Provided that at any time after the passing of this Act—

• (i) any representative body of railway users may apply to the railway tribunal to reduce the aforesaid charges or any of them;

• (ii) any trader interested in any particular charge may apply to the railway tribunal to reduce that charge;

• (iii) any such company may apply to the railway tribunal to increase the aforesaid charges or any of them;

• (iv) any amalgamating or absorbed company or the amalgamated company or any representative body of traders or a body of persons representative of trade or a locality may apply to the railway tribunal to modify any reduction made by any such company in the aforesaid charges or any of them otherwise than under an order of the railway tribunal.

Any such application shall be published in such a manner as the railway tribunal prescribe and the tribunal after hearing all parties interested and who are desirous of being heard may make such modifications in the said charges or any of them as to the tribunal may seem just, and shall fix a day upon which the modifications are to come into force.

32 Repeal of existing provisions.

32.—As from the appointed day all statutory provisions, and the provisions of all agreements with respect to classification of merchandise and with respect to charges for or in connection with the carriage of merchandise or passengers by the amalgamated company, shall to the extent to which those provisions relate to the matters aforesaid be repealed and cease to be operative, except so far as any statutory provision authorises for the purpose of calculation of distance a special mileage to be allotted in respect of any portion of the railway of the amalgamated company and except so far as, in the case of any such agreement or in the case of a statutory provision fixing a special charge, it may be continued under the provisions of this Part of this Act or by an order of the railway tribunal.

33 Subsequent modifications of standard charges.

33.—The amalgamated company or any representative body of traders or any person who may obtain a certificate from the Minister that he is a proper person for the purpose, shall be entitled at any time to apply to the railway tribunal to modify the standard charges or any of them or any conditions relative thereto, and, if such company or body of traders or person, as the case may be, prove to the satisfaction of the railway tribunal that the standard charges or conditions or any of them ought to be modified, the tribunal shall make such modifications as they think fit, and shall fix the date as from which the modified standard charges or conditions shall be effective:

Provided that sub-sections (3), (4), (5), and (6) of section 54 of this Act shall apply to any application for a general revision or variation of standard charges of the amalgamated company under this section, as if such application were a review of standard charges and exceptional charges under that section.

Exceptional Charges.

34 Provisions as to existing exceptional rates.

34.—(1) On and from the appointed day all exceptional rates in operation immediately before the appointed day on the railway of the amalgamated company shall cease to operate, with the exception of such exceptional rates as—

• (a) are not less than five per cent. below the standard rates which would otherwise on and from the appointed day become chargeable; and

• (b) have been continued by agreement in writing between the railway company and the trader concerned, or, failing agreement, have been notified in writing to the secretary of the railway company by the trader with a request that they should be referred to the railway tribunal for determination by them, in which case the rates shall continue until determined by the railway tribunal, and the onus of proving that any such rates should be altered or discontinued shall be upon the railway company;

so nevertheless that no rate which has not been applied to the charging of merchandise actually forwarded within the two years preceding the 1st day of January, 1926, shall be continued unless the trader can prove to the satisfaction of the railway company, or, failing agreement with the railway company, to the satisfaction of the railway tribunal—

• (i) that its non-application is solely due to abnormal conditions of trade; or

• (ii) that a rate of equal amount to the same destination remains in operation at other stations or sidings in the same group or area:

Provided that, if the trader and the railway company agree to continue any rate which will be more than forty per cent. below the standard rate chargeable as aforesaid, the rate shall, before the appointed day, be referred to the railway tribunal, and, if so referred, shall continue until the tribunal have determined the matter.

• (2) Any such agreement or determination may provide for the continuance of any exceptional rate for a specified period of time and at the same or any higher figure or charge, not being, in the case of an agreement between the amalgamated company and a trader, less than five per cent. nor more than forty per cent. below the standard rate chargeable.

35 New exceptional rates.

35.—(1) On and after the appointed day the amalgamated company shall be at liberty to grant new exceptional rates in respect of the carriage of any merchandise, which rates shall within fourteen days, or such longer period as the Minister may allow, be reported to the Minister; so, however, that a new exceptional rate so granted shall not, without the consent of the railway tribunal, be less than five per cent. or more than forty per cent. below the standard rate chargeable.

• (2) If the Minister is of opinion that the amalgamated company is granting new exceptional rates in such manner as prejudicially to affect any class of users of the railway not benefited by such rates, or so as to jeopardise the realisation of the standard revenue of the company, he may refer the matter to the railway tribunal, who may, after giving all parties interested an opportunity of being heard, take either or both of the following courses:—

• (a) revise the standard charges;

• (b) cancel or modify all or any of such exceptional rates.

• (3) Any trader may, at any time, apply to the railway tribunal, to fix a new exceptional rate.

36 Variation of exceptional rates.

36.—(1) The amalgamated company shall not be entitled to increase or cancel any exceptional rate which has been fixed by the railway tribunal without first obtaining the sanction of that tribunal.

• (2) The amalgamated company may, at any time, reduce any exceptional rate, so, however, that the rate shall not, without the consent of the railway tribunal, be reduced so as to be more than forty per cent. below the standard rate which would be chargeable, but any such reduction shall be reported to the Minister in like manner as if it were the grant of a new exceptional rate.

• (3) The amalgamated company may, at any time, increase any exceptional rate which has not been fixed by the railway tribunal on giving thirty days' notice in such manner as the tribunal may prescribe of the proposed increase, and on the expiration of such notice may, if no objection be raised by any trader interested forthwith bring the increased rate into force, provided that it is not less than five per cent. below the standard rate chargeable, but, if such an objection be raised or if the rate when increased would be less than five per cent. below the standard rate chargeable, the increase shall not have effect unless and until the railway tribunal, after giving the company an opportunity of being heard, so determine:

Provided that no trader shall be entitled to object to an increase of an exceptional rate reduced by the amalgamated company since the appointed day unless the effect of the increase is to make the rate applicable to his traffic higher than the rate applicable thereto immediately before the reduction.

• (4) The amalgamated company may, at any time, cancel any exceptional rate which has not been fixed by the railway tribunal on giving thirty days” notice in such manner as the railway tribunal may prescribe of the proposed cancellation, and on the expiration of such notice may, if no objection be raised by any trader interested, forthwith cancel the rate as proposed, but, if any such objection be raised, the cancellation shall not have effect unless and until the railway tribunal, after giving the company an opportunity of being heard, so determine:

Provided that no trader shall be entitled to object to the cancellation of an exceptional rate granted by the amalgamated company since the appointed day unless the effect of the cancellation is to make the rate applicable to his traffic higher than the rate applicable thereto at the date when the exceptional rate was granted.

• (5) No such increase or cancellation shall take effect in the case of any exceptional rate referred to the railway tribunal under paragraph (b) of sub-section (1) of section 34 of this Act pending the decision of the tribunal with reference thereto, and any exceptional rate agreed under the said section 34 shall not be increased or cancelled for a period of twelve months after the appointed day except as part of a general increase under this part of this Act or to abate an undue preference.

• (6) Any trader or representative body of traders interested in the rate, or the amalgamated company, shall be entitled to apply to the railway tribunal at any time to cancel or vary any exceptional rate.

• (7) The amalgamated company may cancel any exceptional rate existing after the appointed day, which for a period of two years shall not have been applied to the charging of merchandise actually forwarded by the railway.

37 Review of competitive exceptional rates.

37.—If it should appear to the Minister or if representations amounting to a prima facie case to the satisfaction of the Minister are made to him by any body of persons which in the opinion of the Minister has a substantial interest in the conveyance of traffic by way of shipping services or inland navigation, to the effect that exceptional rates are being charged by the amalgamated company which by reason of their effect on such conveyance are detrimental to the public interest, the Minister shall refer the matter to the railway tribunal for review, and the railway tribunal may, after hearing all parties whose interests are affected, vary or cancel such rates or make such other order as may seem to them expedient.

38 Disintegration of exceptional rates.

38.—(1) Where application is made to the railway tribunal to fix or sanction any exceptional rate for the carriage of merchandise between two stations, or between a station and a siding, or between two sidings, or between either a station or a siding and a junction, the railway tribunal in fixing or sanctioning the exceptional rate shall determine the amounts (if any) to be included in the rate for the following services:—

• (a) conveyance;

• (b) station terminals;

• (c) service terminals;

• (d) accommodation provided and services rendered at or in connection with a private siding.

• (2) Where the amalgamated company grants an exceptional rate for the carriage of merchandise between two stations or between a station and a siding, or between two sidings, or between either a station or a siding and a junction, without reference to the railway tribunal, and the company shows in the quotation for the rate and in the rate book the amount (if any) included therein for such several services as aforesaid, the disintegration of the exceptional rate as so shown shall be conclusive unless a trader interested in the rate complains that the amount allocated to any particular service is unreasonable, in which event the onus of proof shall be on the amalgamated company.

• (3) Where the amalgamated company in granting such an exceptional rate has not distinguished in the quotation for the rate or in the rate book the amounts included therein for such several services as aforesaid—

• (a) the rate in the case of a station-to-station rate shall be deemed to be composed of conveyance rate and terminal charges in proportion to the amounts included in the corresponding standard rate for the same service and accommodation in respect of similar goods between the same stations; and

• (b) in the case of any other rate, the company shall, within fourteen days after application in writing by any person interested in the disintegration of the rate, afford that person information of the amounts (if any) included in the rate for the several services aforesaid.

• (4) Any dispute as to the disintegration of any such exceptional rate shall be determined by the railway tribunal at the instance of either a trader or the amalgamated company.

• (5) For the purposes of determining any question of an alleged undue or unreasonable preference or advantage, the railway tribunal shall not have regard to the separate component parts of any rate as shown in the rate book or as determined by this section, but shall, unless in any case in which an application has been made for the purpose it is proved to the satisfaction of the railway tribunal that a consideration of the component parts of the rate would be fair and reasonable, determine the question in reference to the total rate for carriage applicable to the merchandise in respect of which such undue or unreasonable preference or advantage is alleged to arise and the conditions under which the rate applies.

39 Exceptional fares.

39.—(1) The amalgamated company may charge fares below the standard fares in such circumstances as the company may think fit, but the circumstances in which such exceptional fares, if below ordinary fares, may be charged and the amount of reduction below the standard fare, shall be reported to the Minister within fourteen days, or such longer period as the Minister may allow, after the decision has been arrived at.

• (2) If the Minister is of opinion that the amalgamated company has granted exceptional fares in such a manner as prejudicially to affect any other class of users of the railway, or so as to jeopardise the realisation of the standard revenue of the company, he may refer the matter to the railway tribunal, who may, after giving the parties interested an opportunity of being heard, cancel or modify all or any of the exceptional fares so granted.

Conditions of Carriage.

40 Submission of proposed conditions.

40.—Within six months from the passing of this Act, or within such further time as the railway tribunal may permit, the amalgamating companies shall submit to, and publish in such manner as may be prescribed by the railway tribunal—

• (a) the terms and conditions (hereinafter called “company's risk conditions”) on and subject to which merchandise other than live stock, and live stock, will respectively be carried if carried at ordinary rates;

• (b) the terms and conditions (hereinafter called “owner's risk conditions”) on and subject to which merchandise other than live stock, and subject as hereinafter provided, live stock, will respectively be carried if carried at owner's risk rates;

• (c) the terms and conditions on and subject to which damageable goods not properly protected by packing will be carried.

41 Settlement by tribunal.

41.—(1) The railway tribunal shall consider the terms and conditions so submitted, or, if terms and conditions are not so submitted within the time so allowed, shall themselves prepare and publish provisional terms and conditions, and after hearing any representative body of traders who may desire to be heard, and any other party whom the Minister considers entitled to be heard, shall settle, and when settled publish in the Iris Oifigiúil, the terms and conditions which they consider just and reasonable, and shall fix a date not earlier than two months after such publication upon which those terms and conditions are to come into force.

• (2) When the terms and conditions so settled come into force they shall be the standard terms and conditions of carriage for the amalgamated company, and shall be deemed to be reasonable.

42 Conditions on which merchandise is to be carried.

42.—(1) On and after the date so fixed as aforesaid the terms and conditions upon and subject to which merchandise is, apart from special contract, to be carried by the amalgamated company shall be company's risk conditions, and those conditions shall apply without any special contract in writing to the carriage of merchandise at ordinary rates:

Provided that, in any case where an owner's risk rate is in operation and the company has been requested in writing to carry at that rate, the terms and conditions upon and subject to which such goods shall be carried shall be owner's risk conditions.

• (2) The terms and conditions upon and subject to which damageable goods not properly protected by packing (if accepted for carriage) shall be carried by the amalgamated company, shall be the conditions settled by the railway tribunal as aforesaid, but the company shall not be under any obligation to carry damageable goods not properly protected by packing.

• (3) Nothing in this Act shall preclude the company and a trader from agreeing in writing, subject to the provisions of the Railway and Canal Traffic Acts, 1854 and 1888, to any terms and conditions they think fit for the carriage of merchandise, live stock or damageable goods not properly protected by packing, or dangerous goods.

43 Alteration of conditions.

43.—At any time after the date when the terms and conditions so settled as aforesaid come into force the amalgamated company or any representative body of traders may apply to the railway tribunal to amend, alter or add to those terms and conditions, and the tribunal may, after hearing all parties whom they consider entitled to be heard, make such amendments, alterations, or additions of or to such terms and conditions as the railway tribunal think just and reasonable, and fix a date as from which they are to come into operation.

Miscellaneous Provisions as to Charges.

44 Owner's risk rates.

44.—(1) When settling a schedule of charges, or within twelve months or such longer period thereafter as in any case the Minister may allow, the railway tribunal shall determine what reductions shall be made from the standard charges where damageable merchandise is carried by the amalgamated company under owner's risk conditions, and such reductions shall be shown or indicated in the schedule in such manner as the railway tribunal prescribes.

• (2) Where an exceptional rate is in operation and the conditions applicable to that rate are company's risk conditions, or, as the case may be, owner's risk conditions, and the difference in the company's liability under the two sets of conditions in respect of the merchandise in question is not insignificant, the amalgamated company shall, on request in writing by a trader, quote a corresponding rate under the other conditions, and, if within twenty-eight days from such request the company fails to quote such a rate to the satisfaction of the trader, the trader may apply to the railway tribunal, and the railway tribunal shall settle such corresponding rate and determine the date as from which it is to come into operation.

• (3) The difference between an ordinary rate and an owner's risk rate shall be such as in the opinion of the railway tribunal is fairly equivalent to the amount by which the risk of the company in the case of the merchandise in question differs under the two sets of conditions.

• (4) The amalgamated company shall be under no obligation to carry livestock at owner's risk rates in cases in which livestock is not at the date of the passing of this Act carried at reduced rates under owner's risk conditions.

45 Minimum charges.

45.—The amalgamated company shall be entitled to charge for the conveyance of merchandise as for a minimum distance of such number of miles as the railway tribunal may determine, or such minimum sum as the railway tribunal may determine, but such minimum distances shall not vary according to whether charges for station terminals are or are not made.

46 Collection and delivery charges.

46.—(1) On and after the appointed day the amalgamated company may collect and deliver by road any merchandise which is to be or has been carried by railway and may make reasonable charges therefor in addition to the charges for carriage by railway, and shall publish in the rate book kept at the station where it undertakes the services of collection and delivery the charges in force for the collection and delivery of merchandise ordinarily collected and delivered.

• (2) The amalgamated company may, and upon being required to do so and upon payment of the proper charges shall, at any place where the company holds itself out to collect and deliver merchandise, perform the services of collection and delivery in respect of such merchandise as is for the time being ordinarily collected and delivered by the company at that place:

Provided that the company shall not be required to make delivery to any person who is unwilling to enter into an agreement, terminable by him on reasonable notice, for the delivery by the company at the charges included in the rate book of the whole of his traffic, or the whole of his perishable traffic, from the station at which those charges apply.

• (3) Where any person does not so agree, the company shall not be required to deliver any of his merchandise, but, if such person fails to take delivery of any merchandise within a reasonable time, the company may deliver such merchandise and make such reasonable charges therefor as it thinks fit.

• (4) Any dispute as to whether or not any charge for the services of collection and delivery is reasonable, or whether the length of notice for the termination of an agreement under this section is reasonable, shall be determined by the railway tribunal.

47 Dangerous goods.

47.—(1) Nothing contained in this Act shall impose any obligation on the amalgamated company to accept dangerous goods for conveyance, or shall prejudice or derogate from the powers of any Government department under the Explosives Act, 1875, or affect the validity or operation of any order, rule, or byelaw made under the powers contained in that Act.

• (2) If on or after the appointed day the amalgamated company accepts dangerous goods for conveyance, the goods shall be conveyed subject to such byelaws, regulations and conditions as the company may think fit to make in regard to the conveyance or storage thereof, and the owner or consignor of such goods shall indemnify the company from and against all loss or damage which may result to the company or to which the company may be or become liable owing to non-compliance with the before-mentioned byelaws, regulations, and conditions as to such goods and shall pay full compensation for all injury to the company's servants and damage to its property so arising unless it be proved that the injury or damage is due to the wilful misconduct of the company's servants, but, subject as aforesaid, the provisions of this Part of this Act as to ordinary rates and owner's risk rates shall apply.

• (3) Any question as to whether goods are dangerous goods shall be determined by the railway tribunal:

Provided that, where the amalgamated company has declared any article to be dangerous, it shall lie on the person requiring the article to be carried to show that it is not dangerous.

48 Publication of schedules of standard charges, etc.

48.—(1) The schedules of standard charges and the standard terms and conditions of carriage when settled in accordance with the provisions of this Part of this Act, and any orders of the railway tribunal modifying standard charges or standard terms and conditions shall be printed, numbered, published, and sold, and may be cited in the like manner as statutory rules are for the time being required by law to be printed, numbered, published, and sold, and permitted to be cited.

• (2) Printed copies of the general classification of merchandise and schedule of standard charges for the time being in force shall be kept for sale by the amalgamated company at such places and at such reasonable prices as the Minister may direct

• (3) On and after the appointed day the amalgamated company shall keep for public inspection at each station at which merchandise is received for conveyance, or where merchandise is received for conveyance at some other place than a station, then, at the station nearest to such place, a copy of the general classification of merchandise carried on the railway and a book or books stating—

• (i) the chargeable distance from that station or place of every place to which they book, and such distance shall be the actual shortest distance with any additions authorised by statute:

• (ii) the scales of standard charges applicable to each class of merchandise conveyed on the railway;

• (iii) all exceptional rates in operation from such station or place;

• (iv) any charges in force for the collection and delivery of merchandise at such station or place.

The general classification of merchandise and every such book shall, during all reasonable hours, be open to the inspection of any person without the payment of any fee.