CAB37-17 — Page 164

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[49 VICT.]

Railway and Canal Traffio.

but for this Act, the party aggrieved would have had by reason A.D. 1888. of the matter of complaint.

companies.

15. The Commissioners, in the exercise of their jurisdiction, may Orders on order two or more railway or canal companies to carry into effect two or more 5 an order of the Commissioners, and to make mutual arrangements for that purpose, and may further direct the companies or, in case of difference, any of them, to submit to the Commissioners for their approval a scheme for carrying into effect the order, and when they have finally approved the scheme, may order each of the companies 10 to do all that is necessary on the part and within the power of such company to carry into effect the scheme, and may determine the proportions in which the respective companies are to defray the expense of so doing, and may for the above purposes make, if they think fit, separate orders on any one or more of such companies.

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actions, &c.

16. (1.) Where any action or other civil proceeding to which a Transfer of railway company is a party is commenced in any superior court, from courts the court shall, if it appears that a question of undue preference is to Commis- involved in the action or proceeding, and may in any other case sioners. transfer such action or proceeding to the Commissioners, or 20 refer to them the question of undue preference (if any), or any particular question or questions arising therein: Provided that, except by consent, no reference or transfer shall be made which would operate to deprive any party of the right to have any claim to unliquidated damages submitted to a jury.

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(2.) Where an action or proceeding is transferred to the Commis- sioners under the powers conferred by this Act, the Commissioners shall have the same jurisdiction and power to order judgment to be entered, and make such other order or orders as shall be just, as is possessed by the superior court in which the action was commenced.

(3.) Where any particular question or questions is or are referred to the Commissioners under the powers conferred by this section, the Commissioners shall certify their findings thereon to the court which made the reference, and thereupon the court shall deal with such findings in such manuer as may be provided in the order of 35 reference, or as the court shall think just: Provided that every finding of the Commissioners on a question referred to them under this section shall, for the purposes of the action or proceeding in which the reference was made, be final and conclusive.

transfer

17. (1.) It shall be lawful for a court of quarter sessions, or any Power to 40 special sessions having jurisdiction to hear and determine rating rating

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