CAP. 40. tration, sanction, &c. 37 & 38 VICT. this act, to the board of trade to be arbitrators, or to appoint any arbitrator, referee, engineer, or other person, or to hold any inquiry, or to sanction, approve, confirm, or determine, any appointment, matter, or thing, or to make any order, or to do any other act or thing for the purposes of such special act, all expenses incurred by the board of trade in relation to such application and the proceedings consequent thereon, shall, to such amount as the board of trade may certify by their order to be due, be defrayed by the parties to such application, and (subject to any provision contained in the said special act) shall be defrayed by such of the parties as the board of trade may by order direct, or if so directed by an order of the board of trade shall be paid as costs of the arbitration or reference. Meaning of "special Act." Order of Board of The board of trade may, if they think fit, on or at any time after the making of the application, by order require the parties to the application, or any of them, to pay to the board of trade such sum as the board of trade think requisite for or on account of those expenses, or to give security to the satisfaction of the board of trade for the payment of those expenses on demand, and if such payment or security is not made or given may refuse to act in pursuance of the application. All expenses directed by an order of the board of trade or an award in pursuance of this section to be paid may be recovered in any court of competent jurisdiction as a debt, and if payable to the board of trade, as a debt to the Crown, and an order of the board of trade shall be conclusive evidence of the amount of such expenses. 4. In this part of this act the term "special act" means a local or local and personal act, or an act of a local and personal nature, and includes a provisional order of the board of trade confirmed by act of Parliament and a certificate granted by the board of trade under the Railways Construction Facilities Act, 1864. An order of the board of trade for the purposes of this part of this act, or of any such special act as is Trade may referred to in this part of this act, may be made by writing under the hand of the president or of one of the 'secretaries of the board. be in writing. Repeal of c. 18. 35 & 36 Vict. [Repealed by 46 & 47 Vict. c. 39, 5. The act of the session of the thirty-fifth and thirty-sixth years of the reign of her present Majesty, chapter eighteen, intituled "An act for regulating Inquiries by the Board of Trade," is hereby repealed without prejudice to anything done or suffered under 37 & 38 VICT. that act. PART II. Reference to Railway Commissioners. CAP. 40. Trade to Commis 6. Where any difference to which a railway com- Power of pany or canal company is a party is required or Board of authorised, under the provisions of any general or appoint special act passed either before or after the passing Railway of this act, to be referred to the arbitration of or sioners to to be determined or settled by the board of trade, be arbitraor some person or persons appointed by the board tors or umpire. of trade, the board of trade may, if they think fit, by order in writing under the hand of the president or one of the secretaries of the board, refer the matter for the decision of the railway commissioners, and appoint them arbitrators or umpire, as the case may be, and thereupon the commissioners for the time being shall have the same powers as if the matter had been referred to their decision in pursuance of the Regulation of Railways Act, 1873, and also any further powers which the board of trade, or an arbitrator or arbitrators, or umpire, appointed by the board of trade, would have had for the purpose of the arbitration, if the difference had not been referred to the commissioners: Provided always, that this section shall not apply to any case in which application is made to the board of trade for the appointment of an umpire under the twenty-eighth section of "The Lands Clauses Consolidation Act, 1845." as to powers arbitrations. 7. Where any difference is referred for the decision Declaration of the commissioners in pursuance of the Regulation of commisof Railways Act, 1873, as amended by this part of sioners in this act, the commissioners shall have the same power by their decision of rescinding, varying, or adding to any award or other decision previously made by any arbitrator or arbitrators (including therein the board of trade) with reference to the same subject-matter as any arbitrator or arbitrators would have had if the difference had been referred to him or them. of Act, and 8. This part of this act shall be construed as one Duration with the Regulation of Railways Act, 1873, and shall &c. of part continue in force for the same time as that act and no construction longer, but the expiration of this part of this act shall with 36 & 37 not affect the validity of anything done before such expiration. The Regulation of Railways Act, 1873, together with this part of this act, may be cited as " The Regulation of Railways Acts, 1873 and 1874." Vict. c. 48. December, EXPLOSIVE SUBSTANCES ACT, 1875. EXPLOSIVE SUBSTANCES ACT, 1875. 38 Vict. Cap. 17. An Act to amend the law with respect to manufacturing, keeping, selling, carrying or importing gunpowder, nitro-glycerine and other explosive substances. [14th June, 1875.] Conveyance of Gunpowder. 33. The following general rules shall be observed General with respect to the packing of gunpowder for con- rules as to veyance : packing of gunpowder 1. The gunpowder, if not exceeding five pounds in for conamount, shall be contained in a substantial veyance. case, bag, canister, or other receptacle, made and closed so as to prevent the gunpowder from escaping; and 2. The gunpowder, if exceeding five pounds in 3. The interior of every package, whether single or 38 VICT. CAP. 17. Byelaws by loading, &c. of gunpowder. 4. Every package, whether single or double, when 5. There shall not be any iron or steel in the con- 7. On the outermost package there shall be affixed the by means of a brand or securely attached label or other mark. In the event of any breach (by any act or default) of any general rule in this section, the gunpowder in respect of which the breach is committed may be forfeited, and the person guilty of such breach shall be liable to a penalty not exceeding twenty pounds. The Secretary of State may from time to time make, and when made, repeal, alter, and add to, rules for the purpose of rescinding, altering, or adding to the general rules contained in this section, and the rules so made by the Secretary of State shall have the same effect as if they were enacted in this section. 35. Every railway company and every canal company over whose railway or canal any gunpowder is carried, or intended to be carried, shall, with the sanction of the Board of Trade, make byelaws for regulating the conveyance, loading, and unloading of such gunpowder on the railway or canal of the company making the byelaws, and in particular for declaring and regulating all or any of the following matters in the case of such railway or canal; that is to say, 1. Determining the notice to be given of the intention |