c. 18. LANDS CLAUSES (UMPIRE) ACT, 1883. 46 Vict. cap. 15. An Act to amend the Land Clauses Consolidation Act, 1845. [18th June, 1883.] 8 & 9 Vict. WHEREAS it is expedient that the provisions contained in the Lands Clauses Consolidation Act, 1845, in relation to the appointment of umpires should be amended: Amend ment of s. 28 of 8 Vict. c. 18, extending the power of appointment of umpire by Board of Trade. Short title. Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The following words in section twenty-eight of the Lands Clauses Consolidation Act, 1845, are hereby repealed, that is to say, "in any case in which a railway company shall be one party to the arbitration, and two justices in any other case," and that section shall, in relation to the appointment of any umpire under the provisions thereof after the passing of this Act, apply as if such words were omitted, and the same section shall accordingly be read and have effect as follows: 28. If in either of the cases aforesaid the said arbitrators shall refuse or shall for seven days after request of either party to such arbitration neglect to appoint an umpire, the Board of Trade shall, on the application of either party to such arbitration, appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this or the special Act, shall be final. 2. This Act may be cited as the Lands Clauses (Umpire) Act, 1883. COMPANIES ACT, 1883. 46 & 47 Vict. cap. 28. An Act to amend the Companies Acts, 1862 and 1867. [20th August, 1883.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the Short title. Companies Act, 1883. 2. This Act shall, so far as is consistent with the Constructerms thereof, be construed as one with the Companies tion of Act. Acts, 1862 and 1867. 3. This Act shall come into force on the first day of CommenceSeptember one thousand eight hundred and eighty- Act. three. ment of 4. In the distribution of the assets of any company Wages and being wound up under the Companies Acts, 1862 and salary to be preferential 1867, there shall be paid in priority to other debts,— claims. (a.) All wages or salary of any clerk or servant in respect of service rendered to the company during four months before the commencement of the winding up not exceeding fifty pounds; and (b.) All wages of any labourer or workman in respect of services rendered to the company during two months before the commencement of the winding up. 5. The foregoing debts shall rank equally among Such themselves, and shall be paid in full, unless the assets claims to of the company are insufficient to meet them, in which rank equally. case they shall abate in equal proportions between themselves. same upon 6. Subject to the retention of such sums as may be Liquidator necessary for the costs of administration or otherwise, to discharge the liquidator or liquidators or official liquidator shall receipt of discharge the foregoing debts forthwith, so far as the sufficient assets of the company are and will be sufficient to meet them, as and when such assets come into the hands of such liquidator or liquidators or official liquidator. assets. Short title. Abolition of passenger duty for cheap trains, and reduction on urban traffic. CHEAP TRAINS ACT, 1883. 46 & 47 Vict. cap. 34. An Act to amend the BE it enacted by the Queen's most Excellent Majesty, 1. This Act may be cited as the Cheap Trains Act, 1883. 2. After the commencement of this Act the duties now payable in respect of passengers conveyed for hire on a railway shall, subject to the provisions of this Act, be varied as follows: (1.) Fares not exceeding the rate of one penny a mile (3.) Where the Board of Trade are satisfied that any two or more railway stations are within an area which has a continuous urban as distinguished from a rural or suburban character, and contains a population of not less than one hundred thousand inhabitants, the Board of Trade may certify that those stations are within one urban district for the purposes of this Act. The Board of Trade may from time to time and at any time rescind or vary any certificate given by them under this section. Provision 3. (1.) If at any time the Board of Trade have for proper reason to believe third-class accommodation and workmen's trains. (a.) that upon any railway or part of a railway or upon any line or system of railways, whether belonging to one company or to two or more CAP. 34. companies, which forms a continuous means 46 & 47VICT. (b.) That upon any railway carrying passengers then and in either case the Board of Trade may make such inquiry as they think necessary, or may, if required by the company or any of the companies concerned, refer the matter for the decision of the Railway Commissioners, who shall have the same power therein as if it had been referred to their decision in pursuance of the Regulation of Railways Act, 1873. (2.) If on an inquiry under this Act it is proved to the satisfaction of the Board of Trade or the Railway Commissioners, as the case may be, that such proper and sufficient accommodation or workmen's trains as aforesaid are not provided by any railway company, the Board of Trade or the Railway Commissioners, as the case may be, may order the company to provide such accommodation or workmen's trains at such fares as, having regard to the circumstances, may appear to the said Board or the Commissioners to be reasonable. (3.) If any company on whom an order is made under this Act to provide proper and sufficient accommodation or workmen's trains refuse, or at any time after the expiration of one month from the making thereof, neglect to comply with the order, the Board of Trade shall issue a certificate to that effect to the Commissioners of Inland Revenue, and after the date of such certificate the company shall lose the benefit of this Act and be liable to pay in respect of the fares received after such date the same amount of passenger duty as would be payable if the passenger duty had not been varied as provided by this Act, and shall continue so liable in respect of all fares received up to the date at which the Board of Trade certify that the company has complied with the said order. Where two or more companies are concerned, the certificate shall state whether both or all, or one or more and which of them is in default. 46 & 47 VICT. CAP. 34. Provision as to special mileage and excep tional charges. Proviso as of miles. c. 75. (4.) A company on whom an order is made by the Board of Trade under this section may within six months after the making of the order appeal to the Railway Commissioners, who shall have the same power in the matter as if it had been originally referred to their decision. (5.) The Board of Trade or the Railway Commissioners, as the case may be, may rescind or vary any order made by them under this section. 4. (1.) Where any Act of Parliament allows a number of miles greater than the actual number of miles to be reckoned for the purpose of calculating the fares on any part of a railway, the mileage so allowed shall be deemed for the purposes of this Act to be the mileage of that part of the railway. (2.) Where any Act of Parliament allows special or exceptional charges upon any part of a railway, that part shall for the purpose of calculating fares under this Act be deemed to be a separate railway. 5. For the purposes of this Act fares shall not be to fractions deemed to exceed the rate of one penny a mile which 21 & 22 Vict. do not exceed one penny for a single journey of any distance less than a mile, or, where the distance travelled, being more than one mile, is any number of complete half-miles and a fraction not less than a quarter of a mile, do not exceed one halfpenny for every half-mile, and one halfpenny for the fraction; but for a child between three and twelve years of age the fare shall not exceed half an adult's fare, and children under three years of age shall be conveyed free of charge Provided that a railway company shall not be bound to charge less than one penny to any person over three years of age for any single journey. Conveyance of the Queen's forces at reduced rates. Any charge or fare which by any local and personal Act relating to any railway is declared to be a charge or fare consistent with the provisions of the enactments relating to passenger duty which are repealed by this Act shall be deemed for the purposes of this Act to be a fare not exceeding the rate of one penny a mile. 6. (1.) For the purpose of moving by railway on any occasion of the public service (a.) any of the officers or men in or belonging to |