RAILWAYS ACT, 1924 (1924_act_29) | IE

ISB Act 1924-07-23

Schedule 1 RAILWAYS ACT, 1924 Open official source

SCHEDULES. First Schedule. Amalgamating and Absorbed Companies.

SCHEDULES.

Amalgamating and Absorbed Companies.

Sections 1 and 2 (1).

1

2

Amalgamating Companies

Absorbed Companies

Great Southern and Western Railway Company, including the Geashill Extension separate undertaking.

Athenry and Tuam Extension to Claremorris Railway Company, Limited. Ballinascarthy and Timoleague Junction Light Railway Company.

Athenry and Tuam Extension to Claremorris Railway Company, Limited.

Ballinascarthy and Timoleague Junction Light Railway Company.

Midland Great Western Railway Company of Ireland.

Ballinrobe and Claremorris Light Railway Company, Limited.

Dublin and South Eastern Railway Company, including City of Dublin Junction Railways and New Ross and Waterford Extension Railways.

Baltimore Extension Railway Company, Limited. Bantry Extension Railway Company.

Baltimore Extension Railway Company, Limited.

Bantry Extension Railway Company.

Cork, Bandon and South Coast Railway Company including the Bantry Bay Extension.

Cavan and Leitrim Railway Company, Limited. Clonakilty Extension Railway Company.

Cavan and Leitrim Railway Company, Limited.

Clonakilty Extension Railway Company.

Cork, Blackrock and Passage Railway Company.

Cork and Macroom Direct Railway Company.

Cork and Muskerry Light Railway Company, Limited.

Cork City Railways.

Donoughmore Extension Light Railway Company, Limited.

Dublin and Kingstown Railway Company.

Loughrea and Attymon Light Railway Company, Limited.

Schull and Skibbereen Tramway and Light Railway Company. (West Carberry Tramways and Light Railways Company, Limited).

South Clare Railways Company, Limited.

Southern Railway Company.

Timoleague and Courtmacsherry Extension Light Railway Company.

Tralee and Dingle Light Railway Company, Limited.

Tralee and Fenit Railway Company.

Waterford and Tramore Railway Company.

West Clare Railway Company, Limited.

ISB Act 1924-07-23

Sec. 1 RAILWAYS ACT, 1924 Open official source

Definitions.

1

1.—In this Act—

the expression “the amalgamated company” means the company constituted by the amalgamation in accordance with the provisions of this Act of the companies specified in the first column of the First Schedule to this Act and the absorption of the companies specified in the second column of the said Schedule;

the expression “amalgamating company” means one of the companies specified in the first column of the First Schedule to this Act and intended to constitute by amalgamation the amalgamated company;

the expression “absorbed company” means one of the companies specified in the second column of the First Schedule to this Act and intended to be absorbed by the amalgamated company under the provisions of this Act;

the expression “the railway tribunal” means the court to be established under that name pursuant to Part II. of this Act;

the expression “Minister” means the Minister for Industry and Commerce.

ISB Act 1924-07-23

Schedule 2 RAILWAYS ACT, 1924 Open official source

Second Schedule Board of Directors of Amalgamated Company.

Board of Directors of Amalgamated Company.

PART I.

First Year.

Section 4 (d).

1. For the period commencing on the date when the amalgamation scheme comes into operation and ending on the date of the general meeting of the amalgamated company in the following year, the company shall be directed by a board consisting of such number of persons as may be fixed by the amalgamation scheme or schemes, and not exceeding fifteen or less than twelve.

2. Before the date when the amalgamation scheme comes into operation the proprietors of each amalgamating company shall elect from amongst the directors of such company holding office at the time such number as may be fixed by the scheme to serve as a director or directors of the amalgamated company as aforesaid.

3. The directors so elected shall hold office until the date of the said general meeting and shall then retire, but any director so retiring may, if otherwise qualified, be elected as a director of the company under the provisions hereinafter contained.

4. In the event of a casual vacancy occurring during the said period amongst the directors, the vacancy shall be filled by a person co-opted by the directors, being a person who was a director of the amalgamating company by the proprietors of which the vacating director was elected.

PART II.

After the First Year.

1. As from the date of the general meeting of the amalgamated company in the year following that in which the amalgamation scheme comes into operation, the company shall be directed by a board of directors consisting of such number of members elected by the proprietors of the company as may be specified in the scheme not exceeding fifteen or less than twelve.

2. The qualification of a director shall be the holding in his own right of such amount of the share capital of the amalgamated company as may be specified in the scheme, and, subject as hereinafter provided, the term of office of such a director shall be three years, but on retirement he may, if otherwise qualified, be re-elected.

3. Any casual vacancy occurring amongst the directors shall be filled by a person co-opted by the other directors, and any director co-opted to fill a casual vacancy shall hold office for the same period as that for which his predecessor would have held office.

4. On the first election of directors, one-third of the total number of directors, or if their number is not a multiple of three, then the number nearest but not exceeding one-third (failing agreement to be selected by lot) shall be deemed to have been elected for one year, and one-third or such nearest number as aforesaid (failing agreement to be selected by lot) for two years.

5. Subject to the foregoing provisions of this Schedule, the provisions of the Companies Clauses Consolidation Act, 1845, with respect to the appointment and rotation of directors shall apply.

ISB Act 1924-07-23

Schedule 3 RAILWAYS ACT, 1924 Open official source

Third Schedule. Existing Officers and Servants.

Existing Officers and Servants.

Sections 4 (f), 6 (f), and 12 (2).

Every person who on the 3rd day of April, 1924, was for a period of less than five years an officer or servant of any amalgamating company or absorbed company, and who shall not, prior to the amalgamation or absorption of such amalgamating or absorbed company, have voluntarily retired or have been removed from the service of any such amalgamating or absorbed company by reason of misconduct or incapacity and who does not become an officer or servant of the amalgamated company, shall be entitled to a gratuity calculated on the basis of one-sixth of the amount of his annual salary and emoluments for every completed year of his service.

The following provisions shall apply in respect to persons who on the 3rd day of April, 1924, were, and for a period of not less than five years have been, officers or servants of any amalgamating company or absorbed company, and who shall not, prior to the amalgamation or absorption of such amalgamating or absorbed company, have become pensioners or annuitants in accordance with the rules of any railway pension or superannuation fund of which they may be members, or have voluntarily retired, or have been removed from the service of any such amalgamating or absorbed company by reason of misconduct or incapacity (all of which officers and servants are in this Schedule hereinafter referred to as “existing officers and servants”):—

(1) Every existing officer and servant shall, as from the date of amalgamation or absorption, become an officer or servant of the amalgamated company.

(2) The amalgamated company may abolish the office or situation of any existing officer or servant which they may deem unnecessary, and any existing officer or servant required to perform duties such as are not analogous or which are an unreasonable addition to those which as an officer or servant of the company from which he was transferred he was required to perform may relinquish his office or situation.

(3) No existing officer or servant so transferred shall without his consent be by reason of such transfer in any worse position in respect to the conditions of his service as a whole (including tenure of office, remuneration, gratuities, pension, superannuation, sick fund or any benefits or allowances, whether obtaining legally or by customary practice of the amalgamating or absorbed company) as compared with the conditions of service formerly obtaining with respect to him.

(4) If any existing officer or servant so transferred is, without his consent, in any such worse position as aforesaid by reason of such transfer and has thereby suffered any loss or injury, he shall be entitled to be paid by the amalgamated company such lump sum as would reasonably compensate him for such loss or injury, the amount of such lump sum to be determined by the amalgamated company (subject to appeal as hereinafter provided).

(5) Every existing officer or servant whose office or situation is so abolished, or who so relinquishes his office or situation, or whose services are dispensed with on the ground that they are not required or for any other reason not being on account of any misconduct or incapacity, or whose remuneration or emoluments are reduced on the ground that his duties have been diminished, or who otherwise suffers any direct pecuniary loss by reason of the amalgamation or absorption (including any loss of prospective superannuation or other retiring or death allowances and allowances to his widow or orphan children, whether obtaining legally or by customary practice of the amalgamating or absorbed company), shall be entitled to be paid compensation by the amalgamated company, the amount of such compensation to be determined by the amalgamated company (subject to appeal as hereinafter provided) in accordance with the following rules, that is to say:—

(a) the compensation shall be an annual allowance to be paid to the existing officer or servant during his life not exceeding in any case two-thirds of his remuneration and emoluments, and, subject to that limitation, to be calculated at the rate of one-sixtieth of his remuneration and emoluments for every completed year of his service with the amalgamated company or any amalgamating or absorbed company, with an addition thereto based on the number of completed years of his service and calculated according to the following scale:—

if he has twenty or more completed years of service, an addition of ten-sixtieths of his remuneration and emoluments,

if he has fifteen or more completed years of service and less than twenty such years, an addition of seven-sixtieths of his remuneration and emoluments,

if he has ten or more completed years of service and less than fifteen such years, an addition of five-sixtieths of his remuneration and emoluments,

if he has five or more completed years of service and less than ten such years, an addition of three-sixtieths of his remuneration and emoluments

(b) where any existing officer or servant was temporarily absent from his employment as such officer or servant and during the whole of such absence was engaged in service in the National Forces of Saorstát Eireann, or any military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Force, such temporary absence shall for the purposes of this Schedule be reckoned and included in his period of service as such officer or servant

(c) in the case of an existing officer or servant who was appointed to his office as a specially qualified person at an age exceeding that at which railway service usually begins, his actual period of service with an amalgamating or absorbed company may be increased by the addition of such number of years as may seem just, having regard to the particular circumstances of the case, and thereupon his compensation shall be calculated on such increased period of service

(d) in the case of an existing officer or servant who suffers any such loss of prospective superannuation or other retiring or death allowance as aforesaid, such addition as may seem just, having regard to all the circumstances of the case, may be made to the compensation otherwise authorised by this Schedule to be awarded to him

(e) for the purpose of the calculation of the compensation under this Schedule, the remuneration and emoluments of an existing officer or servant shall be taken to be the annual value of the remuneration and emoluments of which he was in receipt from the amalgamated company or any amalgamating or absorbed company on the date of the happening of the event giving rise to the claim for compensation, unless he received promotion (other than promotion within any of the grades dealt with in the agreements between the railway companies and the trades unions) subsequent to the 3rd day of April, 1923, in which case his remuneration and emoluments shall for the purpose aforesaid be taken to be the annual value of the remuneration and emoluments of which he was in receipt immediately before such promotion. In the event of an existing officer being appointed a standing member of the railway tribunal he shall be regarded as an existing officer whose office is abolished as from the date of amalgamation and shall be entitled to be compensated accordingly, but during the period for which he acts as such standing member of the railway tribunal his compensation shall only be the difference (if any) between his remuneration as a standing member of the railway tribunal and the annual allowance granted to him under paragraph (5) (a) of this Schedule.

(6) For the purpose of this Schedule, any solicitor who for the period of five years next before the date of the passing of this Act has acted solely for an amalgamating or absorbed company as their chief or assistant legal adviser on a salary shall be deemed to be an existing officer of that company.

(7) Any person who is in receipt of an annual allowance by way of compensation under this Schedule may, within one year from the date on which the amount of such allowance is fixed, apply to the amalgamated company to commute not more than one-fourth of such annual allowance by payment of a capital sum of money to be calculated by the amalgamated company in accordance with the provision in that behalf contained in the amalgamation scheme, and no such application for commutation shall be unreasonably refused by the amalgamated company.

(8) If any existing officer or servant shall feel aggrieved by the decision of the amalgamated company on any matter to be determined by it under the foregoing rules, or if any dispute or question shall arise between any existing officer or servant and the amalgamated company on any matter arising under this Schedule, such existing officer or servant may appeal to a standing arbitrator or board of arbitrators appointed by the Chief Justice, who shall hear and determine such appeal and whose decision thereon shall be final. The amount of the fee payable to such standing arbitrator or to each member of such board of arbitrators on any such appeal shall be fixed by the Chief Justice and shall be paid by the amalgamated company.

(9) For the purposes of this Schedule every person in the employment of an amalgamating company or an absorbed company shall be deemed to be an officer or servant of that company: Subject in the case of any solicitor to the provisions of paragraph (6) of this Schedule.

ISB Act 1924-07-23

Schedule 4 RAILWAYS ACT, 1924 Open official source

Fourth Schedule. Provisions relating to the submission of Schemes.

Provisions relating to the submission of Schemes.

Section 9 (2).

The scheme to be submitted shall be submitted to the proprietors and debenture stock-holders of each company affected thereby at a meeting held specially for that purpose.

Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in some one and the same newspaper published in Dublin, and in some one and the same newspaper of the county or counties in which the principal office or offices of any such company is or are situate; and also by a circular addressed to each proprietor and debenture stock-holder at his last known or usual address, and sent by post or delivered at such address not less than seven days before the holding of such meeting, enclosing a blank form of proxy, with proper instructions for the use of the same; and the same form of proxy and the same instructions, and none other shall be sent to every such proprietor and debenture stock-holder; but no such form of proxy shall be stamped before it is sent out, nor shall the funds of any company be used for the stamping of any proxies, nor shall intimation be sent as to any person in whose favour the proxy may be granted, and no other circular or form of proxy relating to such meeting shall be sent to any proprietor or debenture stock-holder from the office of any company, or by any director or officer of any company so describing himself.

Such meeting shall be held not earlier than the seventh day after the last insertion of such advertisement, and may be held on the same day as an ordinary general meeting of the company.

At such meeting the said scheme shall be submitted to the proprietors and debenture stock-holders aforesaid then present, and shall be approved of by the proprietors present in person or by proxy and holding at least three-fourths of the paid-up capital of the company (being capital carrying a right to vote at all ordinary meetings of the company) held by proprietors present as aforesaid at the meeting. Proprietors of any paid-up shares or stock, including debenture stock, not qualified to vote at ordinary meetings, whose interests may be affected by the scheme, may tender their votes at the meeting, and all votes so tendered shall be recorded separately.

The names of the proprietors and debenture stock-holders present in person at the meeting shall be recorded by the company and a copy of such record shall be sent to the railway tribunal. For this purpose the meeting, and any other consecutive meetings, whether general or special, and whether preceding or following it, shall be deemed to be the same meeting. A poll may be demanded by any proprietor present in person at the meeting.

ISB Act 1924-07-23

Schedule 5 RAILWAYS ACT, 1924 Open official source

Fifth Schedule. Division and Form of Schedules of Standard Charges.

Division and Form of Schedules of Standard Charges.

Section 27 (2).

The parts into which every schedule of charges submitted by the amalgamated company to the railway tribunal is to be divided shall be as follows:—

Part I containing the charges in respect of the goods and minerals comprised in the several classes of merchandise (including dangerous goods and goods specially liable to damage) specified in the classification;

Part II containing the charges in respect of animals;

Part III containing the charges in respect of carriages;

Part IV containing the charges in respect of perishable merchandise by passenger train or other similar service;

Part V containing the charges in respect of small parcels;

Part VI containing the charges in respect of merchandise of an exceptional character;

Part VII containing the fares and charges to be taken for the conveyance of passengers and their luggage, and for live stock, carriages, parcels, and articles of merchandise (other than those included in Part IV) by passenger train or other similar service;

Part VIII containing the charges in respect of any toll payable by a trader.

The forms of the various Parts shall in the case of Parts V, VI, VII, and VIII, be such as the railway tribunal direct, and in the case of Parts I, II, III, and IV, be the following forms:—

PART I.

Goods and Minerals.

Class in respect of Merchandise to which Charges are Applicable

Standard Rate for Conveyance

Standard Terminals

For the first Miles or any part of such Distance

For the next Miles or any part of such Distance

For the remainder of the Distance

Station Terminal at each end

Service Terminals

Loading

Unloading

Covering

Uncovering

Per Ton per Mile

Per Ton

1

2

3

etc.

PART II.

Animal Class.

Rate for Conveyance per Mile

Service Terminals

Description

For the first Miles, or any part of such Distance

For the next Miles, or any part of such Distance

For the remainder of the Distance

Station Terminal at each End

Loading

Un loading

Minium charge as for Animals

d.

s.

d.

s.

d.

s.

d.

s.

d.

1

2

3

etc.

PART III.

Carriages.

Rate for Conveyance per Mile

Service Terminals

Description

For the first Miles, or any part of such Distance

For the next Miles, or any part of such Distance

For the remainder of the Distance

Station Terminal at each End

Loading

Unloading

Covering

Uncovering

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

1

2

3

etc.

PART IV.

Perishable Merchandise by Passenger Train.

Division I.

Description.

Division II.

Description,

etc.

Division I.

Rate for Conveyance

Service Terminals

For any Distance not exceeding Miles

For any Distance exceeding Miles but not exceeding Miles

For any Distance exceeding Miles

Station Terminal at each end

Loading

Unloading

Per Imperial Gallon

Per Can

d.

l.

d.

RETURNED EMPTY CANS.

Per Can

d.

Divisions II. and III.

Rate for Conveyance

Service Terminals

For the first Miles, or any part of such Distance

For the next Miles, or any part of such Distance

For the remainder of the Distance

Station Terminal at each end

Loading

Unloading

Per Cwt. per Mile

Per Cwt.

d.

ISB Act 1924-07-23

Schedule 6 RAILWAYS ACT, 1924 Open official source

Sixth Schedule. Miscellaneous Provisions as to Rates.

Miscellaneous Provisions as to Rates.

Section 49.

Calculation of distance.

1. In calculating the distance along the railway for the purpose of the charge for conveyance of any merchandise the company shall not include any portion of its railway which may in respect of that merchandise be the subject of a charge for a station terminal.

Calculation of charges on weight and measurement.

2. Unless otherwise agreed between the company and the trader, all charges shall, so far as practicable, be based upon the gross weight of the merchandise when received by the company determined according to the imperial avoirdupois weight, but the railway tribunal may specify any articles of merchandise upon which the charges may be calculated in reference to cubic capacity, and shall prescribe the method by which the cubic contents for the purpose of charge is to be calculated.

Terminal services at other than the Company's terminal places.

3. Where merchandise conveyed in a separate truck is loaded or unloaded elsewhere than in a shed or building of the company the company may not charge to a trader any service terminal for the performance by the company of any of the said services if the trader has requested the company to allow him to perform the service for himself, and the company has unreasonably refused to allow him to do so. Any dispute between the trader and the company in reference to any service terminal charged to a trader who is not allowed by the company to perform for himself the service shall be determined by the railway tribunal.

Charges for sidings and accommodation.

4. Nothing in this Act shall prevent the company from making and receiving, in addition to the charges authorised by this Act, charges and payments by way of rent or otherwise for sidings or other structural accommodation provided or to be provided for the private use of traders and not required by the company for dealing with the traffic for the purposes of conveyance

Provided that the amount of such charges or payments shall be fixed by an agreement in writing signed by the trader or by some person duly authorised on his behalf or determined, in cases of difference, by the railway tribunal.

Charges for transhipment.

5. In respect of merchandise received from or delivered to another railway company having a railway of a different gauge or interchanged between broad and narrow gauge sections of the company's railway, the company may make a reasonable charge for any service of transhipment performed by it, the amount of such charge to be determined in case of difference by the railway tribunal.

Charges for use of trucks.

6.—(1) The company may charge for the use of trucks provided by it for the conveyance of merchandise, when the provision of trucks is not included in the rates for conveyance, such sums as the railway tribunal determine.

(2) Where, for the conveyance of merchandise other than merchandise in respect of which the rates for conveyance do not include the provision of trucks, the company does not provide trucks, the charge for conveyance shall be reduced by such sum as the railway tribunal determine.

(3) The company shall not be required to provide trucks for the conveyance of merchandise in respect of which the provision of trucks is not included in the rate for conveyance, nor for the conveyance of lime in bulk or salt in bulk or any merchandise liable to injure trucks

Provided that any dispute between the company and a trader as to whether any specific kind of merchandise is liable to injure trucks may be referred to the railway tribunal, but on any such reference it shall lie on the trader requiring the merchandise to be carried to show that such merchandise will not injure the trucks.

Charges when railway company conveying on railway of the company.

7. Subject to the provisions of this Act, any railway company conveying merchandise on the railway of the company or performing any of the services for which rates or charges are authorised by this Act, shall be entitled to charge and make the same rates and charges as the company are authorised to make.

Dock and shipping charges.

8. Nothing in this Act shall affect the right of the company to make any charges which it is authorised by any statute to make in respect of any accommodation or services provided or rendered by the company at or in connection with docks or shipping places.

Provisions as to perishables.

9. The following provisions and regulations shall be applicable to the conveyance of perishable merchandise by passenger train:—

(a) The company shall afford reasonable facilities for the expeditious conveyance of the articles classified as perishables, either by passenger train or other similar service

(b) Such facilities shall be subject to the reasonable regulations of the company for the convenient and punctual working of its passenger train service, and shall not include any obligation to convey perishables by any particular train

(c) The company shall not be under obligation to convey by passenger train, or other similar service, any merchandise other than perishables

(d) Any question as to the facilities afforded by the company under these provisions and regulations shall be determined by the railway tribunal.

Charges for services not otherwise provided for.

10.—(1) The company may charge a reasonable sum for the services hereunder mentioned, or any of them when rendered to a trader at his request or for his convenience:—

(i) Services rendered by the company at or in connection with sidings not belonging to the company in respect of which no rate or charge is otherwise provided;

(ii) The collection or delivery outside a terminal station, otherwise than is provided for by section 46 of this Act, of merchandise which is to be, or has been, carried by railway;

(iii) Weighing merchandise;

(iv) The detention of trucks or the use or occupation of any accommodation before or after carriage beyond such period as shall be reasonably necessary for enabling the company to deal with merchandise as carriers thereof, or the consignor or consignee to give or take delivery thereof; or, in cases in which the merchandise is consigned to an address other than the terminal station, beyond a reasonable period from the time when notice has been delivered at such address that the merchandise has arrived at the terminal station for delivery and services rendered in connection with such use and occupation;

(v) Loading or unloading, covering or uncovering, merchandise in respect of which no charge is provided;

(vi) The use of coal drops;

(vii) The provision by the company of accommodation at a waterside wharf and special services rendered thereat by the company in respect of loading and unloading merchandise into or out of vessels or barges where no special charge is prescribed by any statute, provided that the charge under this sub-paragraph shall, for the purpose of any disintegration of rate, be deemed to be a dock charge;

(viii) Any accommodation or services provided or rendered by the company within the scope of its undertaking, and in respect of which no provisions are made by this Schedule.

(2) Any difference arising under this paragraph shall be determined by the railway tribunal at the instance of either party, provided that where before any service is rendered, a trader has given notice in writing to the company that he does not require it, the service shall not be deemed to be rendered at the trader's request or for his convenience.

(3) Subject to the provisions of this paragraph, any charge here under made by the company in accordance with an order of the railway tribunal in force for the time being may be recovered by action in a court of law.

11. The standard rate for conveyance is the rate which the company may charge for the conveyance of merchandise by merchandise train and, subject to the exceptions and provisions specified in this Schedule, includes the provision of locomotive power and trucks by the company and every other expense incidental to such conveyance not otherwise herein provided for.

12. The standard station terminal is the charge which the company may make to a trader for the use of the accommodation (exclusive of coal drops) provided and for the duties undertaken by the company, for which no provision is made in this Schedule at the terminal station for or in dealing with merchandise as carriers thereof before or after conveyance.

13. The standard service terminals are the charges which the company may make to a trader for the following services when rendered to or for a trader, that is to say, loading, unloading, covering, and uncovering merchandise; which charges shall, in respect of each service, be deemed to include all charges for the provision by the company of labour, machinery, plant, stores and sheets.

14. Where a consignment by merchandise train is over three hundred weight, a fraction of a quarter of a hundred weight may be charged for as a quarter of a hundredweight.

15. For a fraction of a mile the company may charge according to the number of quarters of a mile in that fraction, and a fraction of a quarter of a mile may be charged for as a quarter of a mile.

16. Articles sent in large aggregate quantities, although made up of separate parcels such as bags of sugar, coffee, and the like, shall not be deemed to be small parcels.

17. For any quantity of merchandise less than a truck load which the company either receive or deliver in one truck on or at a siding not belonging to the company, or which from the circumstances in which the merchandise is tendered or the nature of the merchandise the company is obliged or required to carry in one truck, the company may charge as for a reasonable minimum load having regard to the nature of the merchandise.

18. The term “terminal station” means a station or place upon the railway at which a consignment of merchandise is loaded or unloaded before or after conveyance on the railway, but does not include any station or junction at which the merchandise in respect of which any terminal is charged has been exchanged with, handed over to, or received from any railway company, or a junction between the railway and a siding let by or not belonging to the company, or in respect of merchandise passing to or from such siding, any station with which such siding may be connected, or any dock or shipping place the charges for the use of which are regulated by statute.

The term “siding” includes branch railways not belonging to a railway company.

19. In this Schedule the expression “the company” means the amalgamated company, and the word “trader” includes any person sending or receiving or desiring to send or receive merchandise by railway.

ISB Act 1924-07-23

Schedule 7 RAILWAYS ACT, 1924 Open official source

Seventh Schedule Enactments Amended.

Enactments Amended.

Section 51.

Session and Chapter

Short Title

Nature of Amendment

11 Geo. 4 and 1 Will. 4, c. 68.

The Carriers Act, 1830

In section one, the words “silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials” shall be repealed, and the word “twenty-five” shall be substituted for “ten.” In section two the word “twenty-five” shall be substituted for the word “ten.” The following new section shall be added after section 10:— “11. In this Act the expression ‘common carrier by land’ shall include a common carrier by land who is also a carrier by water, and as regards every such common carrier this Act shall apply to carriage by water in the same manner as it applies to carriage by land.”

In section one, the words “silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials” shall be repealed, and the word “twenty-five” shall be substituted for “ten.”

In section two the word “twenty-five” shall be substituted for the word “ten.”

The following new section shall be added after section 10:—

“11. In this Act the expression ‘common carrier by land’ shall include a common carrier by land who is also a carrier by water, and as regards every such common carrier this Act shall apply to carriage by water in the same manner as it applies to carriage by land.”

8 & 9 Vict. c. 20

The Railways Clauses Act, 1845, as incorporated in any Act, whether passed before or after the passing of this Act.

In section three after the words “The word ‘toll’ shall include any rate or charge or other payment payable under the special Act” there shall be inserted the words “or fixed by the railway tribunal under the provisions of the Railways Act, 1924.” In section ninety-eight for the words “number or quantity of goods conveyed by any such carriage” there shall be substituted the words full name and address of the consignee and such particulars of the nature, weight (inclusive of packing), and number of parcels or articles of merchandise handed to the company for conveyance as may be necessary to enable the company to calculate the charges therefor.” The following subsection shall be added at the end of section ninety-eight:— “(2) The company shall be entitled to refuse to convey any merchandise delivered to them for conveyance as aforesaid in respect of which the foregoing provisions of this section have not been complied with, or to examine, weigh or count the same and make such reasonable charge therefor as they think fit: “Provided that the company shall not refuse to convey the parcels or articles of merchandise handed to them for conveyance as aforesaid without giving the person an opportunity of having them weighed or counted upon payment of a reasonable charge.”

In section three after the words “The word ‘toll’ shall include any rate or charge or other payment payable under the special Act” there shall be inserted the words “or fixed by the railway tribunal under the provisions of the Railways Act, 1924.”

In section ninety-eight for the words “number or quantity of goods conveyed by any such carriage” there shall be substituted the words full name and address of the consignee and such particulars of the nature, weight (inclusive of packing), and number of parcels or articles of merchandise handed to the company for conveyance as may be necessary to enable the company to calculate the charges therefor.”

The following subsection shall be added at the end of section ninety-eight:—

“(2) The company shall be entitled to refuse to convey any merchandise delivered to them for conveyance as aforesaid in respect of which the foregoing provisions of this section have not been complied with, or to examine, weigh or count the same and make such reasonable charge therefor as they think fit

“Provided that the company shall not refuse to convey the parcels or articles of merchandise handed to them for conveyance as aforesaid without giving the person an opportunity of having them weighed or counted upon payment of a reasonable charge.”

17 & 18 Vict. c. 31

The Railway and Canal Traffic Act 1854.

In section seven, for the words “for any horse fifty pounds, for any neat cattle per head fifteen pounds, for any sheep or pigs per head two pounds” there shall be substituted the words “for any horse one hundred pounds, for neat cattle per head fifty pounds, for any other animal five pounds.”

ISB Act 1924-07-23

Schedule 8 RAILWAYS ACT, 1924 Open official source

Eighth Schedule. Grades to which Part IV of the Act Applies.

Grades to which Part IV of the Act Applies.

Section 55 (3).

Section

Group

Grades Embraced

1

Station Masters

Station Masters, Goods Agents, Yard Masters, Assistant Yard Masters, Passenger and Parcels Agents.

Clerks

Clerks (Male and Female).

Supervisors

Traffic Controllers, Traffic Department Inspectors, Goods Department Inspectors and Foremen, Permanent Way Inspectors, Signal and Telegraph Inspectors, Locomotive Foremen, Locomotive Running Inspectors, Carriage and Wagon Inspectors, Ticket Inspectors.

2

Signalmen, etc. Guards, etc.

Signalmen, etc.

Guards, etc.

Signalmen, Crossing Keepers. Passenger Guards, Goods Guards, Ballast Guards, Passenger Shunters, Goods Shunters, Yard Foremen.

Signalmen, Crossing Keepers.

Passenger Guards, Goods Guards, Ballast Guards, Passenger Shunters, Goods Shunters, Yard Foremen.

Traffic Staff

Cloakroom and Lost Property Office Attendants, Excess Luggage Collectors, Station Foremen, Porters, Parcels Foremen, Parcels Porters, Ticket Collectors, Head Porters, Messengers.

Goods Staff Cartage Staff Carriage and Wagon Examiners.

Goods Staff

Cartage Staff

Carriage and Wagon Examiners.

Checkers, Callers-off, Porters, Working Foremen, Head Porters. Carters, Road Motor Drivers, Working Foremen. Carriage Examiners, Chargemen, Wagon Examiners, Carriage and Wagon Oilers and Greasers.

Checkers, Callers-off, Porters, Working Foremen, Head Porters.

Carters, Road Motor Drivers, Working Foremen.

Carriage Examiners, Chargemen, Wagon Examiners, Carriage and Wagon Oilers and Greasers.

3

Drivers, etc. Shed Staff, etc.

Drivers, etc.

Shed Staff, etc.

Engine Drivers, and Rail Motor Men, Firemen, Cleaners. Chargemen, Engine Cleaners, Barmen, Boilerwashers, Callers-Up, Coalmen, Cranemen, Fire-droppers, Gland Packers, Pumping Enginemen, Sandmen, Shed Labourers, Steam Raisers, Stores Issuers, Timekeepers (Non-clerical), Tube Cleaners.

Engine Drivers, and Rail Motor Men, Firemen, Cleaners.

Chargemen, Engine Cleaners, Barmen, Boilerwashers, Callers-Up, Coalmen, Cranemen, Fire-droppers, Gland Packers, Pumping Enginemen, Sandmen, Shed Labourers, Steam Raisers, Stores Issuers, Timekeepers (Non-clerical), Tube Cleaners.

4

Gangers, etc. Signal and Telegraph Linemen, etc.

Gangers, etc.

Signal and Telegraph Linemen, etc.

Gangers (Permanent Way), Platelayers, Inspectors, Timekeepers, Labourers, Toolmen. Chief Linemen, Chargemen, Linemen, Gangers (Signal and Telegraph), Installers, Labourers, Wiremen and Fixers.

Gangers (Permanent Way), Platelayers, Inspectors, Timekeepers, Labourers, Toolmen.

Chief Linemen, Chargemen, Linemen, Gangers (Signal and Telegraph), Installers, Labourers, Wiremen and Fixers.

ISB Act 1924-07-23

Schedule 9 RAILWAYS ACT, 1924 Open official source

Ninth Schedule. Payments in respect of Baronial Guarantees.

Payments in respect of Baronial Guarantees.

Section 63.

Part I.

Part II.

Part III.

Amount to be Paid by the Minister to the Amalgamated Company in each of the following years.

Amounts to be Paid by the following County Councils to the Minister in each year from 1925 to 1934, inclusive.

Amount to be Paid out of the Local Taxation A/c. to the Minister in each year from 1925 to 1934, inclusive.

Year.

£

1925

48,688

Cavan

666

1926

48,688

Clare

4,320

1927

48,688

Cork

4,823

1928

48,688

Galway

802

6,804

1929

48,688

Kerry

4,200

1930

47,288

Leitrim

4,221

1931

47,288

Mayo

866

1932

47,288

_____

1933

47,288

Amount to be Paid by the undermentioned County Council to the Minister in each year from 1925 to 1929 inclusive

1934

47,288

Tipperary, South Riding.

£1,400

ISB Act 1924-07-23

Schedule 10 RAILWAYS ACT, 1924 Open official source

Tenth Schedule. Enactments not applying to Amalgamated Company.

Enactments not applying to Amalgamated Company.

Section 69.

Session and Chapter

Short Title.

Extent of Repeal.

31 & 32 Vict. ch. 119

Regulation of Railways Act, 1868.

Section 34.

36 & 37 Vict. ch. 48

The Regulation of Railways Act, 1873.

Sections 14 and 15.

57 & 58 Vict. ch. 54

The Railway and Canal Traffic Act, 1894.

Sections 1, 3 and 4.

11 & 12 Geo. V. ch. 55.

The Railways Act, 1921.

Section 84, sub-section (1), and the words “save as aforesaid” in sub-section (2).

RAILWAYS ACT, 1924

Table of Provisions (11)

Statutory Text (11 Articles)

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