“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,