When the earlier Railway Acts were passed, Parliament provided that
the rates were to be charged equally throughout the railway.
The following is a copy of one of the Clauses that were inserted:--
“Provided always, and be it further enacted, that the aforesaid
rates and tolls to be taken by virtue of this Act shall at
all times be charged equally, and after the same rate per ton
per mile throughout the whole of the said Railway in respect
of the same description of articles, matters or things, and
that no reduction or advance in the said rates and tolls
shall, either directly or indirectly, be made partially or
in favour of or against any particular person or Company, or
be confined to any particular part of the said Railway, but
that every such reduction or advance of rates and tolls upon
any particular kind or description of articles, matters or
things, _shall extend to and take place throughout the whole
and every part of the said Railway_, upon, and in respect
of the same description of articles, matters and things
so reduced or advanced, and shall extend to all persons
whomsoever using the same or carrying the same description
of articles, matters and things thereon, anything to the
contrary thereof in anywise notwithstanding.”
In the year 1845, however, Parliament by a Public Act cancelled the
prohibition against differential rates by the following Clause.
“And whereas it is expedient that the Company should be enabled
to vary the tolls upon the Railway, _so as to accommodate
them to the circumstances of the traffic_, but that such
power of varying should not be used for the purpose of
prejudicing or favouring particular parties, or for the
purpose of collusively and unfairly creating a monopoly,
either in the hands of the Company or of particular parties;
it shall be lawful, therefore, for the Company, subject to
the provisions and limitations herein and in the special Act
contained, from time to time, to alter or vary the tolls by
the special Act authorised to be taken, _either upon the
whole or upon any particular portions of the Railway as
they shall think fit_: provided that all such tolls be at
all times charged equally to all persons and after the same
rate, whether per ton, per mile or otherwise, in respect of
all passengers, and of all goods or carriages of the same
description, and conveyed or propelled by a like carriage or
engine, passing only over the same portion of the line of
Railway under the same circumstances; and no reduction or
advance in any such tolls shall be made either directly or
indirectly in favour of or against any particular Company or
person travelling upon or using the Railway.”
Public-domain text, read in full here on John Shaqi.
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