CAB37-17 — Page 168

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[49 VIOT.]

Railway and Canal Tragic.

Undue Preference.

A.D. 1886.

21. (1.) Where in any proceeding before the Commissioners it Undue pre- is shown that any railway company gives a preference to any par ticular trade or class of traders,

ference in

case of un- equal rates

5

(a.) by making lower charges for the same goods than it makes and charger,

to other traders;

10

and unequal

services

(b.) by making lower charges for the same services than it makes performed.

to other traders ;

(c.) by making for greater services the same charges as, or lower

charges than, it makes to other traders for less services;

the burden of proving that such lower charge does not amount to undue preference shall lie on the railway company.

(2.) In deciding whether such lower-charges or such same charges do or do not create an undue preference or undue prejudice 15 or disadvantage, the Commissioners may, in addition to any other considerations affecting the case, take into consideration whether such charges are necessary for the purpose of securing the traffic in respect of which they are made.

(3.) All questions concerning undue preference or prejudice shall 20 be decided by the Commissioners.

ments as to

22. The provisions of section two of the Railway and Canal Extension Traffic Act, 1854, and of any enactment amending and extending of enact the same, shall apply to goods carried by sea in any vessels belong- ing to or leased to any railway company, in the same manner and 25 to the like extent as they apply to the land traffic of a railway by sea.

company.

undus pre- ference to goods carried

PART III.—CANALS.

23. The provisions of section fifteen, of the principal Act and Terminals on the provisions of this Act with respect to the terminal charges of a canals. 30 railway company shall apply to the terminal charges of a canal

company.

24. (1.) Every canal company shall, on or before the thirty-first Canal com- day of December in the present and every subsequent year, send to panies to be

registered. the registrar of joint stock companies a return stating the name of 35 the company, a short description of their canal, the name of their principal officer, and the place of their office, or, if they have more than one office, of their principal office.

(2.) If a company fail to comply with this section, they shall be liable, on summary conviction, to a fine not exceeding five pounda

B 2

37.

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