[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/racta1888201.txt

[New search] [Help]

RAILWAY AND CANAL TRAFFIC ACT 1888

RAILWAY AND CANAL TRAFFIC ACT 1888 - LONG TITLE

An Act for the better regulation of Railway and Canal Traffic, and
for other purposes.{1}
[10th August 1888]
Short title and construction.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 1

1. This Act may be cited as the Railway and Canal Traffic Act,
1888.

This Act shall be construed as one with the Regulation of Railways
Act, 1873, and the Acts amending it; and those Acts and this Act
may be cited together as the Railway and Canal Traffic Acts, 1873
and 1888.

Ss.25 rep. by SLR 1908; 1949 c.11 s.8 sch.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 7
Provisions for complaints by public authority in certain cases.

7.(1) Any of the following authorities, that is to say

(a)any of the following local authorities, namely, any harbour board,
or conservancy authority,... any council of a city or borough, any
representative county body created by Act of Parliament... or any
urban sanitary authority not being a council as aforesaid, or any
rural sanitary authority; or

(b)any such association of traders or freighters, or chamber of
commerce or agriculture as may obtain a certificate from the Board
of Trade, that it is, in the opinion of the Board of Trade, a
proper body to make such complaint,

(2) The Board of Trade may, if they think fit, require, as a
condition of giving a certificate under this section, that security
be given in such manner and to such amount as they think
necessary, for any costs which the complainants may be ordered to
pay or bear.

(3) Any certificate granted under this section shall, unless
withdrawn, be in force for twelve months from the date on which it
was given.

Jurisdiction of Railway Commissioners transferred to the Commission.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 8

8. There shall be transferred to and vested in the Commissioners
all the jurisdiction and powers which at the commencement of this
Act were vested in, or capable of being exercised by the Railway
Commissioners, whether under the Regulation of Railways Act, 1873, or
any other Act, or otherwise, and any reference to the Railway
Commissioners in the Regulation of Railways Act, 1873, or in any
other Act, or in any document, shall be construed to refer to the
Railway and Canal Commission established by this Act.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 9
Jurisdiction of Commissioners under special Acts.

9. Where any enactment in a special Act

(a)contains provisions relating to traffic facilities, undue
preference, or other matters mentioned in section two of the Railway
and Canal Traffic Act, 1854, or

(b)requires a company to which this part of this Act applies to
provide any station, road, or other similar work for public
accommodation, or

(c)otherwise imposes on a company to which this part of this Act
applies any obligation in favour of the public or any individual,

Jurisdiction over tolls and rates.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 10

10. Where any question or dispute arises, involving the legality of
any toll, rate, or charge, or portion of a toll, rate, or charge,
charged or sought to be charged for merchandize traffic by a
company to which this part of this Act applies, the Commissioners
shall have jurisdiction to hear and determine the same, and to
enforce payment of such toll, rate, or charge, or so much thereof
as the Commissioners decide to be legal.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 11
Jurisdiction to order traffic facilities, notwithstanding agreements.

11. Nothing in any agreement, whether made before or after the
passing of this Act, which has not been confirmed by Act or by
the Board of Trade, or by the Commissioners under the Regulation of
Railways Act, 1873, or this Act, shall render a company to which
this part of this Act applies unable to afford, or shall authorise
such company to refuse, such reasonable facilities for traffic as
may in the opinion of the Commissioners be required in the
interests of the public, or shall prevent the Commissioners from
making or enforcing any order with respect to such facilities.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 12
Power to award damages.

12. Where the Commissioners have jurisdiction to hear and determine
any matter, they may, in addition to or in substitution for any
other relief, award to any complaining party who is aggrieved such
damages as they find him to have sustained; and such award of
damages shall be in complete satisfaction of any claim for damages,
including repayment of overcharges, which, but for this Act, such
party would have had by reason of the matter of complaint.

Provided that such damages shall not be awarded unless complaint has
been made to the Commissioners within one year from the discovery
by the party aggrieved of the matter complained of.

...

S.13 rep. by SLR 1959

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 14
Orders on two or more companies.

14. The Commissioners may order two or more companies to which this
Part of this Act applies to carry into effect an order of the
Commissioners, and to make mutual arrangements for that purpose, and
may further order the companies or, in case of difference, any of
them, to submit to the Commissioners for approval a scheme for
carrying into effect the order, and when the Commissioners have
finally approved the scheme, they may order each of the companies
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.

Provided that nothing in this section shall authorise the
Commissioners to require two companies to do anything which they
would not have jurisdiction to require to be done if such two
companies were a single company.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 15
Amendment of 1873 c.48 s.8, as to references to arbitration.

15. For the purposes of section eight of the Regulation of Railways
Act, 1873, and any other enactment relating to the reference to the
Railway Commission of any difference between companies which under
the provisions of any general or special Act is required or
authorised to be referred to arbitration, the provisions of any
agreement confirmed or authorised by any such Act shall be deemed
to be provisions of such Act.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 16
Power to apportion expenses between railway company and applicants
for works.

16.(1) Where the Board of Trade or the Commissioners, in the
exercise of any power given by any general or special Act, on
application order a company to which this Part of this Act applies,
to provide a bridge, subway, or approach, or any work of a similar
character, the Board of Trade or the Commissioners, as the case may
be, may require as a condition of making the order that an
agreement to pay the whole or a portion of the expenses of
complying with the order shall be entered into by the applicants or
some of them, or such other persons as the Board of Trade or
Commissioners think fit, and any of the following local authorities,
namely, any sanitary authority, highway board, surveyor of highways
acting with the consent of the vestry of his parish, or any other
authority having power to levy rates, shall have power, if such
authority think fit, to enter into any such agreement as is
sanctioned by the Board of Trade or Commissioners for the purpose
of the order.

(2) In such case any question respecting the persons by whom or
the proportions in which the expenses of complying with the order
are to be defrayed may, on the application of any party to the
application, or on a certificate of the Board of Trade, be
determined by the Commissioners.

(3) In this section the expression "parish" shall have the same
meaning as the same expression has in the Acts relating to
highways; and the expression "the consent of the vestry of his
parish" shall, in any place where there is no vestry meeting, mean
the consent of a meeting of inhabitants contributing to the highway
rates, provided that the same notice shall have been given of such
meeting as would be required by law for the assembling of a
meeting in vestry.

Appeals on certain questions to superior court of appeal.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 17

17.(1) No appeal shall lie from the Commissioners upon a question
of fact, or upon any question regarding the locus standi of a
complainant.

(2) Save as otherwise provided by this Act, an appeal shall lie
from the Commissioners to a superior court of appeal.

Subs.(3) rep. by 1962 c.30 s.7(9) sch.1 Pt.I

(4) On the hearing of an appeal the court of appeal may draw all
such inferences as are not inconsistent with the facts expressly
found, and are necessary for determining the question of law, and
shall have all such powers for that purpose as if the appeal were
an appeal from a judgment of a superior court, and may make any
order which the Commissioners 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 court of
appeal, but no Commissioner shall be liable to any costs by reason
or in respect of any appeal.

(5) The decision of the superior court of appeal shall be final:
Provided that where there has been a difference of opinion between
any two of such superior courts of appeal, any superior court of
appeal in which a matter affected by such difference of opinion is
pending may give leave to appeal to the House of Lords, on such
terms as to costs as such court shall determine.

(6) Save as provided by this Act, an order or proceeding of the
Commissioners shall not be questioned or reviewed, and shall not be
restrained or removeohibition, injunction, certiorari, or otherwise,
either at the instance of the Crown or otherwise.

General powers and enforcement of orders.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 18

18€(1) For the purposes of this Act the Commissioners shall have
full jurisdiction to hear and determine all matters whether of law
or of fact, and shall as respects the attendance and examination of
witnesses, the production and inspection of documents, the enforcement
of their orders, the entry on and inspection of property, and other
matters necessary or proper for the due exercise of their
jurisdiction under this Act, or otherwise for carrying this Act into
effect, have all such powers, rights, and privileges as are vested
in a superior court: Provided that no person shall be punished for
contempt of court, except with the consent of an ex-officio
Commissioner.

(2) The Commissioners may review and rescind or vary any order made
by them; but, save as is by this Act provided, every decision or
order of the Commissioners shall be final.

Ss.1922 rep. by 1949 c.11 s.8 sch.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 23
Company to which Part I applies.

23. This Part of this Act shall apply to any railway company, and
to any canal company, and to any railway and canal company.

S.24 rep. by 1936 c.12 (NI) s.3(5); SLR (NI) 1954

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 25
Provisions as to through traffic.

25. Preamble, which recited s.2 of the Railway and Canal Traffic
Act 1854 (c.31) requiring railway companies and canal companies to
afford all reasonable facilities for the receiving and forwarding and
delivering of traffic, &c., rep. by SLR 1908

Subject as herein-after mentioned, the said facilities to be so
afforded are hereby declared to and shall include the due and
reasonable receiving, forwarding, and delivering by every railway
company and canal company and railway and canal company, at the
request of any other such company, of through traffic to and from
the railway or canal of any other such company at through rates,
tolls, or fares (in this Act referred to as through rates); and
also the due and reasonable receiving, forwarding, and delivering by
every railway company and canal company and railway and canal
company, at the request of any person interested in through traffic,
of such traffic at through rates:

Proviso rep. by SLR 1959

S.26 rep. by SLR 1959. Ss.2730 rep. by 1958 c.15 (NI) s.5 sch.2
Pt.I. S.31 rep. by SLR (NI) 1954. S.32 rep. by SLR 1960

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 33
Classification table to be open for inspection. Copies to be sold.

33.(1) The book, tables, or other document in use for the time
being containing the general classification of merchandise carried on
the railway of any company, shall, during all reasonable hours, be
open to the inspection of any person without the payment of any
fee at every station at which merchandise is received for
conveyance, or where merchandise is received at some other place
than a station then at the station nearest such place, and the
said book, tables, or other document as revised from time to time
shall be kept on sale at the principal office of the company at a
price not exceeding [5p].

(2) Printed copies of the classification of merchandise traffic, and
schedule of maximum tolls, rates, and charges of every railway
company authorised, as provided by this Act, shall be kept for sale
by the railway company at such places and at such reasonable prices
as the Board of Trade may by any general or special order
prescribe.

(3) The company shall within one week after application in writing
made to the secretary of any railway company by any person
interested in the carriage of any merchandise which has been or is
intended to be carried over the railway of such company, render an
account to the person so applying in which the charge made or
claimed by the company for the carriage of such merchandise shall
be divided, and the charge for conveyance over the railway shall be
distinguished from the terminal charges (if any), and from the dock
charges (if any), and if any terminal charge or dock charge is
included in such account the nature and detail of the terminal
expenses or dock charges in respect of which it is made shall be
specified.

(4) Every railway company shall publish at every station at which
merchandise is received for conveyance, or where merchandise is
received at some other place than a station then at the station
nearest to such place, a notice, in such form as may be from time
to time prescribed by the Board of Trade, to the effect that such
book, tables, and document touching the classification of merchandise
and the rates as they are required by this section and section
fourteen of the Regulation of Railways Act, 1873, to keep at that
station, are open to public inspection, and that information as to
any charge can be obtained by application to the secretary or other
officer at the address stated in such notice.

(5) Where a railway company carries merchandise partly by land and
partly by sea, all the books, tables, and documents, touching the
rates of charge of the railway company, which are kept by the
railway company at any port in the United Kingdom used by the
vessels which carry the sea traffic of the railway company, shall,
besides containing all the rates charged for the sea traffic, state
what proportion of any through rate is appropriated to conveyance by
sea, distinguishing such proportion from that which is appropriated
to the conveyance by land on either side of the sea.

(6) Where a railway company intend to make any increase in the
tolls, rates, or charges published in the books required to be kept
by the company for public inspection, under section fourteen of the
Regulation of Railways Act, 1873, or this Act, they shall give by
publication in such manner as the Board of Trade may prescribe at
least fourteen days notice of such intended increase, stating in
such notice the date on which the altered rate or charge is to
take effect; and no such increase in the published tolls, rates, or
charges of the railway company shall have effect unless and until
the fourteen days notice required under this section has been given.

(7) Any company failing to comply with the provisions of this
section shall, for each offence, and in the case of a continuing
offence for every day during which the offence continues, be liable,
on summary conviction, to a penalty not exceeding five pounds.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 34
Place of publication of rate in respect of traffic at places other
than stations.

34. When traffic is received or delivered at any place on any
railway other than a station within the meaning of section fourteen
of the Regulation of Railways Act, 1873, the railway company on
whose line such place is, shall keep at the station nearest such
place a book or books showing every rate for the time being
charged for the carriage of traffic other than passengers and their
luggage, from such place to any place to which they book, including
any rates charged under any special contract, and stating the
distance from that place of every station, wharf, siding, or place
to which such rate is charged.

Every such book shall, during all reasonable hours, be open to the
inspection of any person without the payment of a fee.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 35
Power to make rules for purposes of Part II of Act.

35.(1) The Board of Trade may from time to time make, rescind, and
vary rules with respect to the following matters:

Para.(a) rep. by SLR 1959

(b)All proceedings before the Board of Trade under this Part of
this Act;

(c)The fees to be paid in respect of such proceedings; and

(d)Any matter authorised by this Act to be prescribed.

(2) Any rules made by the Board of Trade in pursuance of this
section shall be laid before Parliament within three weeks after
they are made, if Parliament be then sitting, and if Parliament be
not then sitting, within three weeks after the beginning of the
then next session of Parliament, and shall be judicially noticed,
and shall have effect as if they were enacted by this Act.

S.36 rep. by SLR 1959

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 37
Application of 1873 c.48 to canals.

37.Subs.(1) spent; subs.(2)(3) rep. by SLR 1959

(4) Any company allowing traffic to pass from a canal on to any
other canal or any railway, or from a railway on to a canal,
shall be deemed to be a forwarding company, and the allowing of
traffic so to pass shall be deemed to be the forwarding of traffic
within the meaning of the above-mentioned Acts.

Subs.(5) rep. by SLR 1959

S.38 rep. by SLR (NI) 1954

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 39
Returns by canal companies.

39.(1) Every canal company shall, on or before the first day of
January in every year... send to the registrar of joint stock
companies a return stating the name of 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) Every canal company shall... from time to time, whenever
required by the Board of Trade, not being oftener than once in
every year, forward to the Board of Trade in such form and manner
as the Board may from time to time prescribe, such returns as the
Board of Trade may require for the purpose of showing the capacity
of such canal for traffic, and the capital, revenue, expenditure,
and profits of the canal company.

(3) When the canal of a canal company, or any part thereof, is
intended to be stopped for more than two days, the company shall
report to the Board of Trade, stating the time during which such
stoppage is intended to last, and when the same is re-opened the
company shall so report to the Board of Trade.

(4) A company failing to comply with this section shall be liable,
on summary conviction, to a fine not exceeding five pounds for
every day during which their default continues, and any director,
manager, and officer of the company who knowingly and wilfully
authorises and permits the default shall be liable, on summary
conviction, to the like fine.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 40
Byelaws of canal companies.

40.(1) Every canal company shall, before such date as the Board of
Trade may prescribe, forward to the Board of Trade true copies,
certified in such manner as the Board of Trade direct, of any
byelaws or regulations of such company which are in force at the
commencement of this Act; and the byelaws of any canal company,
copies of which are not forwarded to the Board of Trade as
provided by this section, shall from and after the said date cease
to have any operation....

(2) A byelaw or regulation of any canal company hereafter to be
made under any power which has been, or which may hereafter be,
conferred on any canal company, shall not have any force or effect
until two months after a true copy of such byelaw or regulation,
certified in such manner as the Board of Trade direct, has been
forwarded to the Board of Trade, unless the Board of Trade before
the expiration of such period have signified their approbation
thereof.

(3) The Board of Trade may, at any time after any existing or
future byelaws or regulations of a canal company have been forwarded
to them, notify to the company their disallowance thereof, or of
any of them, and in case such byelaws or regulations are in force
at the time of the disallowance, the time at which the said
byelaws or regulations shall cease to be in force. A byelaw or
regulation disallowed by the Board of Trade shall not after such
disallowance have any force or effect whatever, save (as regards any
byelaw or regulation which may be in force at the time of the
disallowance thereof) in so far as any penalty may have been then
already incurred under the same.

(4) The Board of Trade may from time to time make, rescind, and
vary such regulations as they think fit with respect to the
publication by canal companies of their byelaws and regulations, and
with respect to the publication by canal companies of their
intention to apply to the Board of Trade for the allowance of any
intended byelaws and regulations. Any regulations so made which are
for the time being in force, shall have effect as if they had
been enacted in this Act.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 41
Inspection of canals.

41. Whenever the Board of Trade are, through their officers or
otherwise, informed that the works of any canal are in such a
condition as to be dangerous to the public, or to cause serious
inconvenience or hindrance to traffic, the Board of Trade may direct
such officer or other person as they appoint for the purpose to
inspect the said canal and report thereon to the Board of Trade,
and for the purpose of making any inspection under this section the
officer or person appointed for the purpose shall, in relation to
the canal or works to be inspected, have all the powers of an
inspector appointed under the Regulation of Railways Act, 1871.

Ss.4244 rep. by SLR (NI) 1954

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 45
Abandonment of canal.

45.(1) Where, on the application of a canal company, it appears to
the Board of Trade that any canal or part of a canal belonging to
the applicants (herein-after referred to as an unnecessary canal) is
at the time of making the application unnecessary for the purposes
of public navigation, or where, on the application of any local
authority, or of three or more owners of lands adjoining or near
to any canal or part of a canal, it appears to the Board of
Trade that that canal or part of a canal (herein-after referred to
as a derelict canal) has for at least three years previously to
the making of the application been disused for navigation, or, by
reason of the default of the proprietors thereof, has become unfit
for navigation, or that the lands adjoining or near thereto have
suffered injury by water that has escaped from the derelict canal,
and that the proprietors of the derelict canal decline or are
unable to effect the repairs necessary to prevent further injury,
the Board of Trade may by warrant signed by their secretary
authorise the abandonment by the existing proprietors of such
unnecessary canal or such derelict canal, and after the granting of
the warrant, and the due publication as required by the Board of
Trade of a notice of the granting thereof, the Board of Trade may
make an order releasing the canal company or other the proprietors
of the unnecessary or derelict canal from all liability to maintain
the same canal, and from all statutory and other obligations in
respect thereof, or of or consequent on the abandonment thereof.

(2) In the case of an unnecessary canal no warrant of abandonment
shall be granted unless the Board of Trade are satisfied

(a)That it is unnecessary for the purposes of public navigation;

(b)That the application has been expressly authorised by a resolution
of a majority of the shareholders of the canal company owning the
canal present and voting at an extraordinary or special general
meeting of that company;

(c)That such public and other notices of the application have been
given as the Board of Trade may require;

Para.(d) rep. by 1930 c.10 (NI) s.1(d)

(3) In the case of a derelict canal the warrant may be granted on
the condition that the canal or any part thereof, with all or any
of the powers relating thereto, be transferred to any person, body
of persons, or local authority, and where any such condition is
imposed the Board of Trade may, if they think fit, frame and
embody in a Provisional Order a scheme for the management of the
canal or any part thereof.

(4) The Provisional Order may provide for the constitution of a
body to manage the canal or any part thereof, for the transfer to
that body or any local authority of the canal or any part thereof,
and of all or any of the powers relating thereto, for the
limitation or discharge of any liabilities affecting the canal or
the owners thereof for the time being, and for any other matters
which may appear to the Board of Trade to be necessary or proper
for carrying this section into effect.

(5) The Board of Trade may submit to Parliament for confirmation
any Provisional Order made by it in pursuance of this section, but
any such order shall be of no force unless and until it is
confirmed by Act of Parliament.

(6) If while the Bill confirming any such order is pending in
either House of Parliament, a petition is presented against any
order comprised therein, the Bill, so far as it relates to the
order, may be referred to a select committee, and the petitioners
shall be allowed to appear and oppose as in the case of private
Bills.

(7) In this section the expression "local authority" means any one
of the local authorities mentioned in section seven of this Act.

(8) For the purpose of giving effect to the provisions of this
section, the Board of Trade may require the applicants to furnish
any evidence in their possession or under their control relative to
the application, and may at the expense of the applicants appoint
and send an officer to inspect the canal referred to in the
application, and to obtain information and evidence in the
neighbourhood thereof relative to the proposed abandonment, and may
from time to time make regulations as to the mode of making
applications, and the nature and mode of publication of notices, and
generally as to the conduct of proceedings.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 46
Definition of ""canal company.''

46. In this part of this Act the expression "canal company" shall
include a "railway and canal company," so far as relating to any
canal of any such last-mentioned company.

S.47 rep. by SLR 1908

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 48
Evidence on rating appeals.

48. On any rating appeal, and before any court, where it may be
material to show the receipts or profits of a railway company or
canal company, or railway and canal company, it shall be lawful for
the company to prove the same by written statements or returns
verified by the affidavit or statutory declaration of the manager or
other responsible officer, and any such statements or returns shall
be prima8 facie evidence of the facts therein stated with respect
to such receipts or profits: Provided that the person by whom any
such affidavit or statutory declaration is made shall in every case,
if required, attend to be cross-examined thereon.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 49
Recovery and application of penalties.

49. Every penalty recoverable on summary conviction under this Act
may be prosecuted and recovered in the manner directed by the
Summary Jurisdiction Acts before a court of summary jurisdiction.

Ss.50, 51 rep. by 1949 c.11 s.8 sch.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 52
Saving of powers conferred on Commissioners and Board of Trade.

52. The powers and jurisdiction conferred by this Act on the
Commissioners or Board of Trade shall be in addition to and not in
substitution for any powers and jurisdiction vested in the
Commissioners or Board of Trade by any statute.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 53
Proceedings of Board of Trade.

53.(1) All documents purporting to be rules, orders, or certificates
made or issued by the Board of Trade, and to be sealed with the
seal of the Board, or to be signed by a secretary or assistant
secretary of the Board, or any person authorised in that behalf by
the President of the Board, shall be received in evidence, and
deemed to be such orders, rules, or certificates without further
proof, unless the contrary is shown.

(2) A certificate signed by the President of the Board of Trade
that any order made, certificate issued, or act done, is the order,
certificate, or act of the Board of Trade, shall be conclusive
evidence of the fact so certified.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 54
Expenses of local authorities.

54.(1) Where any local authority having power under this Act to
make or oppose any complaint to the Commissioners, or the Board of
Trade, or to enter into any agreement to pay the whole or a
portion of the expenses of complying with an order of the
Commissioners or the Board of Trade, or to make any application for
the abandonment or acquisition of a canal under this Act, incur any
expenses in or incidental to such complaint, opposition, agreement,
or application, such expenses may be defrayed out of the rates or
funds out of which the expenses incurred by such authority in the
execution of their ordinary duties are defrayed,... unless the Local
Government Board direct that they shall be defrayed as special
expenses.

(2) A local authority may enter into any contract involving the
payment by themselves and their successors of any expenses authorised
by this section to be defrayed.

(5) In Ireland, any authority borrowing in pursuance of this section
may borrow in manner provided by the Public Health (Ireland) Act,
1878, in like manner as if the provisions of that Act with respect
to borrowing were re-enacted in this section, and in terms made
applicable thereto.

RAILWAY AND CANAL TRAFFIC ACT 1888 - SECT 55
Definitions.

55. In this Act, unless the context otherwise requires,

Terms defined by the Regulation of Railways Act, 1873, have the
meanings thereby assigned to them:

The term "conservancy authority" means any persons who are otherwise
than for private profit intrusted with the duty or invested with
the power of conserving, maintaining, or improving the navigation of
any tidal or inland water or navigation:

The term "harbour board" means any persons who are otherwise than
for private profit intrusted with the duty or invested with the
power of constructing, improving, managing, regulating, and maintaining
a harbour, whether natural or artificial, or any dock:

Definition rep. by SLR 1908

The term "undue preference" includes an undue preference, or an
undue or unreasonable prejudice or disadvantage, in any respect, in
favour of or against any person or particular class of persons or
any particular description of traffic:

The term "terminal charges" includes charges in respect of stations,
sidings, wharves, depo8ts, warehouses, cranes, and other similar
matters, and of any services rendered thereat:

The term "merchandise" includes goods, cattle, live stock, and
animals of all descriptions:

The term "trader" includes any person sending, receiving, or desiring
to send merchandise by railway or canal:

The term "home", in relation to merchandise, includes the United
Kingdom, the Channel Islands, and the Isle of Man:

The term "rating appeal" means an appeal against any valuation list
or against any poor rate or any other local rate:

Definition rep. by SLR 1908

The term "superior court" means,... as regards Ireland, the High
Court:

The term "superior court of appeal" means,... as regards Ireland,
Her Majesty's Court of Appeal.

In the application of this Act to Ireland, the expression "council
of a borough" includes town or township commissioners;... and any
reference to the Local Government Board or to an urban or rural
sanitary authority, shall be construed to refer to the Local
Government Board for Ireland, and to an urban or rural sanitary
authority in Ireland.

Ss.5659 and Schedule rep. by SLR 1908